# Fla. Stat. § 253.002: 253.002 Department of Environmental Protection, water management districts, Fish and Wildlife Conservation Commission, and Department of Agriculture and Consumer Services; duties with respect to state lands

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.002

## Section

- **Citation:** Fla. Stat. § 253.002
- **Heading:** 253.002 Department of Environmental Protection, water management districts, Fish and Wildlife Conservation Commission, and Department of Agriculture and Consumer Services; duties with respect to state lands
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XVIII / Chapter 253 / Section 253.002

## Text

(1) The Department of Environmental Protection shall perform all staff duties and functions related to the acquisition, administration, and disposition of state lands, title to which is or will be vested in the Board of Trustees of the Internal Improvement Trust Fund. However, upon the effective date of rules adopted pursuant to s. 373.427, a water management district created under s. 373.069 shall perform the staff duties and functions related to the review of any application for authorization to use board of trustees-owned submerged lands necessary for an activity regulated under part IV of chapter 373 for which the water management district has permitting responsibility as set forth in an operating agreement adopted pursuant to s. 373.046(4). The Department of Agriculture and Consumer Services shall perform the staff duties and functions related to the review of applications and compliance with conditions for use of board of trustees-owned submerged lands under authorizations or leases issued pursuant to ss. 253.67-253.75 and 597.010 and the acquisition, administration, and disposition of conservation easements pursuant to s. 570.71. Unless expressly prohibited by law, the board of trustees may delegate to the department any statutory duty or obligation relating to the acquisition, administration, or disposition of lands, title to which is or will be vested in the board of trustees. The board of trustees may also delegate to any water management district created under s. 373.069 the authority to take final agency action, without any action on behalf of the board, on applications for authorization to use board of trustees-owned submerged lands for any activity regulated under part IV of chapter 373 for which the water management district has permitting responsibility as set forth in an operating agreement adopted pursuant to s. 373.046(4). This water management district responsibility under this subsection is subject to the department’s general supervisory authority pursuant to s. 373.026(6). The board of trustees may also delegate to the Department of Agriculture and Consumer Services the authority to take final agency action on behalf of the board on applications to use board of trustees-owned submerged lands for any activity for which that department has responsibility pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010. However, the board of trustees shall retain the authority to take final agency action on establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases. Upon issuance of an aquaculture lease or other real property transaction relating to aquaculture, the Department of Agriculture and Consumer Services must send a copy of the document and the accompanying survey to the Department of Environmental Protection. The board of trustees may also delegate to the Fish and Wildlife Conservation Commission the authority to take final agency action, without any action on behalf of the board, on applications for authorization to use board of trustees-owned submerged lands for any activity regulated under ss. 369.20 and 369.22.
the document and the accompanying survey to the Department of Environmental Protection. The board of trustees may also delegate to the Fish and Wildlife Conservation Commission the authority to take final agency action, without any action on behalf of the board, on applications for authorization to use board of trustees-owned submerged lands for any activity regulated under ss. 369.20 and 369.22.

(2) Delegations to the department, or a water management district, or the Department of Agriculture and Consumer Services of authority to take final agency action on applications for authorization to use submerged lands owned by the board of trustees, without any action on behalf of the board of trustees, shall be by rule, provided that delegations related to port conceptual permits shall be in accordance with s. 373.4133. Until rules adopted pursuant to this subsection become effective, existing delegations by the board of trustees shall remain in full force and effect. However, the board of trustees is not limited or prohibited from amending these delegations. The board of trustees shall adopt by rule any delegations of its authority to take final agency action without action by the board of trustees on applications for authorization to use board of trustees-owned submerged lands. Any final agency action, without action by the board of trustees, taken by the department, or a water management district, or the Department of Agriculture and Consumer Services on applications to use board of trustees-owned submerged lands shall be subject to the provisions of s. 373.4275. Notwithstanding any other provision of this subsection, the board of trustees, the Department of Legal Affairs, and the department retain the concurrent authority to assert or defend title to submerged lands owned by the board of trustees.

History: s. 4, ch. 79-255; s. 5, ch. 93-213; s. 488, ch. 94-356; s. 1, ch. 2000-364; s. 3, ch. 2005-157; s. 3, ch. 2008-150; s. 2, ch. 2009-86; s. 7, ch. 2010-201; s. 2, ch. 2012-190; s. 4, ch. 2025-157.

## Nearby sections

- [Fla. Stat. § 253.001 253.001 Board of Trustees of the Internal Improvement Trust Fund; duty to hold lands in trust.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.001.md)
- [Fla. Stat. § 253.01 253.01 Internal Improvement Trust Fund established.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.01.md)
- [Fla. Stat. § 253.02 253.02 Board of trustees; powers and duties.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.02.md)
- [Fla. Stat. § 253.002 253.002 Department of Environmental Protection, water management districts, Fish and Wildlife Conservation Commission, and Department of Agriculture and Consumer Services; duties with respect to state lands.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.002.md)
- [Fla. Stat. § 253.03 253.03 Board of trustees to administer state lands; lands enumerated.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.03.md)
- [Fla. Stat. § 253.04 253.04 Duty of board to protect, etc., state lands; state may join in any action brought.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.04.md)
- [Fla. Stat. § 253.05 253.05 Prosecuting officers to assist in protecting state lands.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.05.md)
- [Fla. Stat. § 253.12 253.12 Title to tidal lands vested in state.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.12.md)
- [Fla. Stat. § 253.14 253.14 Rights of riparian owners; board of trustees to defend suit.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.14.md)
- [Fla. Stat. § 253.21 253.21 Board of trustees may surrender certain lands to the United States and receive indemnity.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.21.md)
- [Fla. Stat. § 253.025 253.025 Acquisition of state lands.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.025.md)
- [Fla. Stat. § 253.027 253.027 Emergency archaeological property acquisition.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.027.md)
- [Fla. Stat. § 253.29 253.29 Board of trustees to refund money paid where title to land fails.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.29.md)
- [Fla. Stat. § 253.031 253.031 Land office; custody of documents concerning land; moneys; plats.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.031.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXVIII_C253_S253.002. Check the current official text before relying on it. Not legal advice.
