§ 33-41. Purchase of submerged land, islands, sandbars, swamp and overflow lands; application, notice, hearing.

(a)

The applicant or applicants for the purchase of submerged land, islands, sandbars, swamp and overflow lands, including all sovereignty lands from the Trustees of the Internal Improvement Fund of the State of Florida shall, concurrently with the filing of said application with the trustees of the internal improvement fund, file a copy of same with the district, together with such other information as said district may require. The governing authority of the district shall then set a public hearing and publish notice of such public hearing one (1) time in a newspaper of general circulation in the area this [that] is qualified to publish legal notices at least one (1) week prior to said public hearing. Said notice shall state the legal description of the land to be purchased, together with a general description of the land to be purchased. An affidavit of proof of publication shall be furnished to the board before its consideration of said application. The said governing authority shall further cause notices to be sent by mail or personal service to each of the upland or other property owners within five hundred (500) feet of the land to be purchased, and such other property owners as the said governing authority deems might be adversely affected by the proposed sale of said land; and such notices shall be substantially the same as are required to be published in a newspaper, as hereinbefore provided; that all municipalities or other public agencies who may be affected by the sale of said land shall also be notified by mail as hereinbefore provided.

(b)

At said public hearing the said governing authority of the district shall consider what recommendations it will submit to the Trustees of the Internal Improvement Fund of the State of Florida. All of the proponents and opponents of the sale of said land shall be heard by the said governing authority at said public hearing and the said governing authority shall then determine its recommendations, which recommendations it shall immediately cause to be submitted in writing to the trustees of the internal improvement fund.

(c)

In considering their recommendations, the said governing authority may obtain such engineering and other data and hear such testimony under oath as it may deem necessary.

(d)

The board shall assess such filing fees and costs as may be necessary for the filing, processing and determination of the application to purchase submerged lands; provided however, such fees and costs shall not exceed ten dollars ($10.00).

(e)

The recommendations of the board as submitted to the trustees of the internal improvement fund, irrespective of whether they be adverse or favorable, shall not in any way affect any subsequent action of the board on an application for a permit or permits to develop said land under the provisions of this act [article].

(Code 1965, § 36-30.16; Laws of Fla. ch. 57-1643, § 16)