Senate Bill sb2294c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 2294

    By the Committee on Comprehensive Planning; and Senator
    Atwater




    316-2622-04

  1                      A bill to be entitled

  2         An act relating to recreational and fishing

  3         working waterfronts; providing legislative

  4         findings; providing a definition; requiring the

  5         Fish and Wildlife Conservation Commission to

  6         conduct a study of the future demand and

  7         economic impact of recreational and fishing

  8         working waterfronts; requiring a report to the

  9         Governor, the Cabinet, and the Legislature;

10         providing for funding the study; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Recreational and fishing working

16  waterfronts; definition.--

17         (1)  The Legislature recognizes that there is an

18  important state interest in boating access to the state's

19  navigable waters. This access is vital to recreational users

20  and the marine industry in the state, to maintaining or

21  enhancing the $14 billion economic impact of boating in this

22  state, and to ensuring continued access to all residents and

23  visitors to the navigable waters of the state. The Legislature

24  recognizes that there is an important state interest in

25  maintaining viable water-dependent support facilities, such as

26  boat hauling and repairing and commercial fishing facilities,

27  and in maintaining the availability of public access to the

28  navigable waterways in this state. The Legislature further

29  recognizes that the waterways of this state are important for

30  engaging in commerce and the transportation of goods and

31  people upon such waterways, and that such commerce and

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2294
    316-2622-04




 1  transportation is not feasible unless there is access to and

 2  from the navigable waters of the state through recreational

 3  and fishing working waterfronts.

 4         (2)  For purposes of this act, the term "recreational

 5  and fishing working waterfronts" means a parcel or parcels of

 6  real property which provide access for water-dependent

 7  commercial activities or provide access for the public to the

 8  navigable waters of the state. Recreational and fishing

 9  working waterfronts require direct access to or a location on,

10  over, or adjacent to a navigable water body. The term

11  "recreational and fishing working waterfronts" includes

12  water-dependent facilities that are open to the public and

13  offer public access by vessels to the waters of the state or

14  that are support facilities for vessels, whether pleasure,

15  commercial, research, or governmental. These include docks,

16  wharfs, lifts, wet and dry marinas, public boat ramps, boat

17  hauling and repair facilities, commercial fishing facilities,

18  boat construction facilities, and other support structures

19  over the water. Seaports are excluded from this definition.

20  The term "vessel," for the purposes of this act, has the same

21  meaning as in section 327.02, Florida Statutes.

22         (3)  The Fish and Wildlife Conservation Commission

23  shall undertake a comprehensive study pertaining to the future

24  demand and economic impact of recreational and fishing working

25  waterfronts on all navigable waters of the state. The study

26  shall develop use profiles of current recreational and fishing

27  working waterfronts, project future trends, and determine the

28  types of facilities to be used. The study shall also estimate

29  capital costs necessary to meet future recreational and

30  fishing working waterfront demands through public boat ramps,

31  government-owned marinas, and mooring fields and shall

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2294
    316-2622-04




 1  determine funding sources. Working with stakeholders, a

 2  prioritization scheme shall be developed for the placement of

 3  recreational and fishing working waterfronts or the rebuilding

 4  of existing infrastructure. The study shall evaluate the need

 5  for public access, as well as the economic impact and economic

 6  value considerations as part of the rebuilding of existing

 7  waterfronts. The study shall also evaluate potential

 8  incentives for continued use or additional development of

 9  recreational and fishing working waterfronts by the private

10  sector to help avoid further loss of public access through

11  changes to other uses. This portion of the study must include,

12  but need not be limited to, the voluntary use of tax relief

13  and the purchase of development rights. The study, at a

14  minimum, must provide the details of all the components of the

15  study on a county-by-county basis and must provide a process

16  for a request for qualifications and request for proposals to

17  carry out the study. All state agencies shall provide the Fish

18  and Wildlife Conservation Commission with staff assistance and

19  information, as appropriate, for the development of the study.

20  The findings of the study shall be furnished to the Governor,

21  the Cabinet, the President of the Senate, and the Speaker of

22  the House of Representatives no later than November 30, 2007.

23  The Fish and Wildlife Conservation Commission shall use funds

24  appropriated to the Office of Boating and Waterways from the

25  Marine Resources Conservation Trust Fund for the study.

26         Section 2.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2294
    316-2622-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2294

 3                                 

 4  The committee substitute (CS) provides legislative findings
    with regard to "recreational and fishing working waterfronts."
 5  It requires the Fish and Wildlife Conservation Commission
    (FWC) to undertake a comprehensive study of the future demand
 6  for and economic impacts of recreational fishing working
    waterfronts on all navigable waters of the state with the
 7  findings to be provided to the Governor, the Cabinet, and the
    Legislature by November 30, 2007. It specifies the issues to
 8  be addressed in the study. The CS provides that FWC shall use
    funds appropriated to the Office of Boating and Waterways from
 9  the Marine Resources Conservation Trust Fund for the study.

10  In addition, this CS deletes a provision requiring each county
    to achieve a specified boat trailer parking capacity by July
11  1, 2014. It deletes a provision directing the Department of
    Community Affairs to commission a study on working
12  waterfronts.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.