Who Owns Submerged Land in Florida?

Who Owns Submerged Land in Florida?

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What do you know about Sovereign Submerged Lands (SSL)?  In simple language, I will say they are made up of tidal lands, islands, sand bars, shallow banks, and lands that stretch towards the ordinary or mean high water line.

In addition, such waters beneath navigable freshwater or tidal-prone areas are also sovereign submerged lands. The government of Florida acquired the right over these places on the 3rd of March 1845.

Who owns submerged land in Florida?  The government of Florida owns the submerged lands in the state.

However, I know that people can have this land, and you may want to know the process of getting this land.

The documentation and process of transferring the title of the submerged section of state-owned lands to new owners as it relates to local government include.

  1. Easements
  2. Submerged land leases
  3. Renewals
  4. Modifications
  5. Assignment to new upland owners

The primary objective of the Florida Clean Marina Program is to awaken the public’s consciousness to marine facilities so that they will keep to environmentally friendly practices.

This will ensure that the precious natural environment of Florida will be protected and preserved.

It ensures that marinas, boatyards, and marine retailers are taught to commit to prescribed best practices in environmental management during their operations.

Who Owns Submerged Land in Florida?

Who Owns Submerged Land in Florida?

What is a submerged land lease in Florida?

Every land located in navigable waters all over Florida is under the control of the Internal Improvement Trust Fund of the State of Florida, better known as the Board of Trustees.

These lands are called sovereignty submerged lands. The explanation of the term “navigable waters” is too complex, so I will not be able to discuss it in this article. It is a very significant case law of the state of Florida.

Most simply, it is any water that can be navigated for the useful public interest, like the Atlantic Ocean, the Gulf of Mexico, and large rivers and lakes in the state.

They will analyze their merits when it comes to small bodies of water like creeks, streams, and small lakes.

Properties on Submerged Lands

If your property adjoins a sovereignty submerged land, you reserve a common right in law to use the body of water adjacent to your property to view, swim, fish, bathe, kayak, or do other similar things.

However, you have no right to build structures like ramps, docks, boathouses, marinas, and similar things in the water.

Before you build any such things, you must approach the Board of Trustees to get a lease of the adjoining sovereignty submerged land.

You will see the rules guarding the Board of Trustees regarding this in Chapter 18-21, Florida Administrative Code (F.A.C).

The staff of the Board of Trustees that administers the State’s sovereignty submerged lands is the Florida Department of Environmental Protection (FDEP). They are in charge of the leasing program of such lands.

How to Apply for a Sovereignty-Submerged Land

If you want to get a sovereignty-submerged land lease, you have to first apply to FDEP. If your application is approved, you will be granted a standard lease term of 10 years for a multi-family residential house.

You will be issued a marina lease where not less than 90% of the slips are maintained to be rented out to the public based on a first-come, first-served arraignment. Anything apart from this two will fetch you a 5-year lease.

You are required to pay an annual lease fee as a lease term. If your lease permits you to rent out the property, you must submit an income report annually to the FDEP and pay the annual lease fee.

The FDEP has the right to come around and inspect the leased area to ensure you are keeping to the terms and conditions of the lease. In the standard terms of the lease, it is stated that it is renewable, modifiable, and assignable.

However, you must obtain the approval of the Board of Trustees for any of these to be effective. The lease also clearly states that after its expiration, you should evacuate all structures and equipment on the leased land.

Any lender financing the purchase of an upland property from a landowner with a sovereignty-submerged land lease will demand a mortgage or collateral that will cover all of the rights, title, and interest of the upland owner in the lease.

You have to understand that it is not in the office of the Board of Trustees nor FDEP to officially execute formal consents to mortgages or collateral assignments of sovereignty submerged lands leases.

The lender will demand an estoppel letter from FDEP in his favor.

This estoppel letter will give the lender the title to the leased land in advance, giving him the right to take over the property in case the borrower, who is the lessee, defaults in payment of the borrowed money to him.

The lender will assume all the duties and responsibilities of the lessee until the expiration of the lease. The Board of Trustees will decide whether the lease will be renowned or not.

One of the conditions a commercial lender should state in his document is that the borrower must be up to date in his payment, reporting, and any other condition under the terms of the sovereignty submerged lands lease.

He also has to state that the lender has the right to do anything that is lawfully necessary to maintain or comply with the terms of the lease on behalf of the borrower.

How to Buy Submerged Land

If you want to buy an upland property from the former owner with a sovereignty submerged lands lease, you, the buyer, or your lender have to get an assignment of the lease.

From the assignment, you will know if it is a  traditional real estate closing, a judicial foreclosure, or a deed-in-lieu of foreclosure.

Until the ownership of the upland property is transferred to the buyer and the document duly registered with the appropriate authority, FDEP will not accept the assignment of the sovereignty submerged lands lease.

This means that the assignment of a submerged lands lease being transferred to the buyer of the upland property must be completed post-closing or post-foreclosure.

However, if you are buying an upland property, you must ensure you collect all interests the seller has on the sovereignty submerged land lease.

This includes any claim before transferring the title to you and all other remaining interests he has on the sovereignty submerged lands.

FAQs

What is sovereign land in Florida?

Every tidal land, island, sandbar, shallow bank, and land stretched towards the waters of the ordinary or mean high water line is Sovereignty submerged lands.

All lands beneath oceans, rivers, and other bodies of water like them or lands beneath tidally influenced waters are also Sovereignty submerged lands.

Who owns submerged land in Florida?

The Government owns submerged land in Florida.

On the 3rd of March 1845, the title to all sovereignty submerged lands was transferred to the state government of Florida.

The title to these lands is held by the Board of Trustees, the Internal Improvement Trust Fund, on behalf of the state government.

Can you build on submerged land in Florida?

Florida’s riparian holders have the right or privilege under the law to construct piers or wharves from their land to the submerged land, up to a point it is navigable and not beyond the low water line.

This right or privilege is subject to the existing rights of the public and other regulations in place in the state or local district.

 


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