HB 0777CS

CHAMBER ACTION




2The Committee on Natural Resources recommends the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to recreational and fishing working
8waterfronts; creating s. 342.07, F.S.; providing
9legislative findings; providing definitions; requiring the
10Fish and Wildlife Conservation Commission to conduct a
11study of recreational and fishing working waterfronts and
12provide a report to the Governor and Cabinet and the
13Legislature; providing a source of funding for the study;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 342.07, Florida Statutes, is created to
19read:
20     342.07  Recreational and fishing working waterfronts;
21legislative findings; definitions.--
22     (1)  The Legislature recognizes that there is an important
23state interest in boating access to the state's navigable
24waters. This access is vital to recreational users and the
25marine industry in the state, to maintaining or enhancing the
26$14 billion economic impact of boating in the state, and to
27insuring continued access to all residents and visitors to the
28navigable waters of the state. The Legislature recognizes that
29there is an important state interest in maintaining viable
30water-dependent support facilities, such as boat hauling and
31repairing and commercial fishing facilities, and in maintaining
32the availability of public access to the navigable waters of the
33state. The Legislature further recognizes that the waterways of
34the state are important for engaging in commerce and the
35transportation of goods and people upon such waterways and that
36such commerce and transportation is not feasible unless there is
37access to and from the navigable waters of the state through
38recreational and fishing working waterfronts.
39     (2)  For purposes of this section, the term "recreational
40and fishing working waterfronts" means a parcel or parcels of
41real property that provide access for water-dependent commercial
42activities or provide access for the public to the navigable
43waters of the state. Recreational and fishing working
44waterfronts require direct access to or a location on, over, or
45adjacent to a navigable body of water. The term "recreational
46and fishing working waterfronts" includes water-dependent
47facilities that are open to the public and offer public access
48by vessels to the waters of the state or are support facilities
49for recreational, commercial, research, or governmental vessels.
50These facilities include docks, wharfs, lifts, wet and dry
51marinas, public boat ramps, boat hauling and repair facilities,
52commercial fishing facilities, boat construction facilities, and
53other support structures over the water. For purposes of this
54section, the term "vessel" is as defined in s. 327.02(37),
55Florida Statutes. Seaports are excluded from such definition.
56     Section 2.  Recreational and fishing working waterfronts
57study.--The Fish and Wildlife Conservation Commission shall
58undertake a comprehensive study pertaining to the future demand
59for and economic impact of recreational and fishing working
60waterfronts on all navigable waters of the state. The study
61shall develop use profiles of current recreational and fishing
62working waterfronts, project future trends, and determine the
63types of facilities to be used. The study shall also estimate
64capital costs necessary to meet the demands of future
65recreational and fishing working waterfronts through public boat
66ramps, governmentally owned marinas, and mooring fields and
67shall determine funding sources. Working with stakeholders, a
68prioritization strategy shall be developed for the replacement
69of recreational and fishing working waterfronts or the
70rebuilding of existing infrastructures. The study shall evaluate
71the need for public access, as well as economic impact and
72economic value considerations, as part of the rebuilding of
73existing recreational and working waterfronts. The study shall
74also evaluate potential incentives for continued use or
75additional development of recreational and fishing working
76waterfronts by the private sector to help avoid further loss of
77public access through changes to other uses. This portion of the
78study shall include, but is not limited to, the voluntary use of
79both tax relief and the purchase of development rights. At a
80minimum, the scope of work for the study shall provide the
81details of all the components of the study on a county-by-county
82basis and shall provide the request for qualifications and
83request for proposal process to carry out the study. All state
84agencies are directed to provide the Fish and Wildlife
85Conservation Commission with staff assistance and information as
86appropriate for the development of the study. The findings of
87the study shall be furnished to the Governor and Cabinet, the
88President of the Senate, and the Speaker of the House of
89Representatives no later than November 30, 2007. The Fish and
90Wildlife Conservation Commission shall use funds appropriated to
91the Office of Boating and Waterways from the Marine Resources
92Conservation Trust Fund for the purpose of funding the study.
93     Section 3.  This act shall take effect upon becoming a law.


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