18-21.019 Applications for Disclaimers, Quitclaim Deeds or Certificates to Clear Title to Filled Formerly Sovereignty Lands and for Disclaimers for Lands Lost Due to Avulsion or to Reclaim Lands Lost Due to Artificial Erosion or Artificial Erosion and Avulsion.

(1) Disclaimers to Confirm Title of Formerly Sovereignty Lands Filled Prior to May 29, 1951:

(a) Pursuant to the provisions of Section 253.129, Florida Statutes, applicants for disclaimers to confirm title of formerly sovereignty lands filled prior to May 29, 1951 (prior to June 11, 1957 in Dade and Palm Beach Counties), or subsequent to these dates under authority of a U. S. Army Corps of Engineers permit issued prior to these dates, may apply to the Board of Trustees of the Internal Improvement Trust Fund.

(b) Applications for a disclaimer must be made on DEP Form #63-031(16), titled "Application for Disclaimers to Confirm Title of Formerly Sovereignty Lands" which is hereby incorporated by reference.

(2) Quitclaim Deeds to Clear Title of Formerly Sovereignty Lands Filled after May 29, 1951 but prior to June 11, 1957:

(a) Pursuant to the provisions of Section 253.12(6), Florida Statutes, applicants for quitclaim deeds to clear title of formerly sovereignty lands filled after May 29, 1951 but prior to June 11, 1957 (except in Dade and Palm Beach Counties), or subsequent to these dates under authority of a U.S. Army Corps of Engineers permit issued prior to these dates, may apply to the Board of Trustees of the Internal Improvement Trust Fund.

(b) Applications for quitclaim deeds must be made on DEP Form #63-032(16), titled "Application for Quitclaim Deed to Clear Title of Formerly Sovereignty Lands" which is hereby incorporated by reference.

(3) Certificate Documenting Waterward Boundary Line as of July 1, 1975, of Filled Tidelands:

(a) Pursuant to the provisions of Section 253.12(9) and (10), Florida Statutes, applications for a certificate describing the waterward boundary of that parcel as of July 1, 1975 may be requested from the Board of Trustees of the Internal Improvement Trust Fund by the owner of a parcel of land that borders on a tidally influenced, natural waterbody.

(b) Applications for a certificate must be made on DEP Form #63-030(16), titled "Application for Recordable Document for Lands Filled Prior to July 1, 1975" which is hereby incorporated by reference.

(4) Disclaimer Due to an Avulsive Event:

(a) The Board of Trustees shall issue a disclaimer to the upland riparian or littoral owner of record for privately‑owned lands which are submerged as a result of an avulsive event only if:

1. The land for which the disclaimer is sought was located above the line of mean or ordinary high water on a date not more than five years prior to the date the application is filed with the Board;

2. The land for which a disclaimer is sought was lost due to an avulsive event; and

3. The lands to be reclaimed do not exceed one acre in size.

(b) Applications for a disclaimer must be made on DEP Form #62‑069(16) titled "Application for Disclaimer for Lands Lost Due to Avulsion" which is hereby incorporated by reference.

(5) Quitclaim Deeds as a Result of Artificial Erosion or Artificial Erosion and Avulsion:

(a) The Board of Trustees shall permit sovereign, submerged lands that were formerly privately‑owned uplands but which are submerged as a result of artificial erosion or artificial erosion and avulsion to be reclaimed by the upland riparian or littoral owner of record only if:

1. The area adjacent to the eroded lands is already substantially bulkheaded or armored;

2. The toe of the reclaimed land or associated armoring extends no further waterward than adjacent properties;

3. The reclamation will not, on the average, relocate the line of mean or ordinary high water more than 30 feet waterward of the current line;

4. The land to be reclaimed does not exceed one‑half acre in size;

5. The land to be reclaimed is not located within an aquatic preserve; and

6. The sale is in the public interest.

(b) Applications for a quitclaim deed must be made on DEP Form #62‑068(16) titled "Application to Purchase Lands Lost Due to Artificial Erosion or Artificial Erosion and Avulsion" which is hereby incorporated by reference.

(c) Where the Board of Trustees permits the upland property owner to reclaim lands lost due to artificial erosion or artificial erosion and avulsion, it shall do so by issuing a quitclaim deed to the property owner conditioned upon receipt of payment as determined pursuant to Subsection (f) below.

(d) The quitclaim deed shall contain a reverter which requires the deeded property to be reclaimed within one year of the date of issuance of the quitclaim deed. Failure to reclaim the land within the specified time period shall cause title to the property to automatically revert to the Board of Trustees.

(e) The Board of Trustees shall also reserve lateral public access across the land to be deeded when the area has historically been used by the public for access.

(f) The consideration for the sale of such lands shall be derived from the following formula: the number of square feet to be conveyed times the current year's per square foot assessed value of the owner's adjacent upland property in its unimproved state. The Board of Trustees shall reduce the consideration for sale if such reduction is in the public interest.

(6) Applications can be obtained from the following address:

Department of Environmental Protection

Division of State Lands

Bureau of Survey and Mapping

Title and Land Records Section

Mail Station #108

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

(7) A non-refundable processing fee of $500.00 shall be required for each application submitted.

Specific Authority: 253.03(7), FS.

Law implemented: 253.03, 253.12, 253.43, 253.129, 253.43, FS.

History: New 11-1-95, Amended.