Senate Bill sb2294c1
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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.
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13 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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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.
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Florida Senate - 2004 CS for SB 2294
316-2622-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2294
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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.
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