HB 0955CS

CHAMBER ACTION



1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to waterfront property; amending s.
7163.3174, F.S.; authorizing municipalities in certain
8chartered counties to exercise exclusive land use planning
9authority subject to the adoption of a resolution;
10defining the scope of said authority; amending s.
11163.3177, F.S.; requiring the future land use plan element
12of a local comprehensive plan for a coastal county to
13include criteria to encourage the preservation of
14recreational and commercial working waterfronts; including
15public access to waterways within those items indicated in
16a recreation and open space element; amending s. 163.3178,
17F.S.; providing requirements for the shoreline use
18component of a coastal management element with respect to
19recreational and commercial working waterfronts; amending
20s. 163.3187, F.S.; including areas designated as rural
21areas of critical economic concern in an exemption for
22certain small scale amendments from a limit on the
23frequency of amendments to the comprehensive plan of a
24county or a municipality; increasing various acreage
25limitations governing eligibility for such exemption for a
26small scale amendment within such an area; requiring
27certification of the amendment to the Office of Tourism,
28Trade, and Economic Development; requiring public review
29of certain property; amending s. 253.002, F.S.; removing
30an obsolete reference; revising the responsibilities of
31the Department of Agriculture and Consumer Services for
32aquaculture activities; amending s. 253.03, F.S.;
33requiring the Board of Trustees of the Internal
34Improvement Trust Fund to encourage certain uses for
35sovereign submerged lands; amending s. 253.67, F.S.;
36clarifying the definition of "aquaculture"; amending s.
37253.68, F.S.; providing authority to the board for certain
38aquaculture activities; providing a definition; requiring
39the board to establish certain guidelines by rule;
40amending s. 253.74, F.S.; providing penalties for certain
41unauthorized aquaculture activities; amending s. 253.75,
42F.S.; revising the responsibilities of the board with
43regard to certain aquaculture activities; establishing the
44Waterfronts Florida Program within the Department of
45Community Affairs; providing definitions; requiring that
46the program implement the Waterfronts Florida Partnership
47Program in coordination with the Department of
48Environmental Protection; authorizing the Department of
49Community Affairs to provide financial assistance to
50certain local governments; requiring the Department of
51Environmental Protection and water management districts to
52adopt programs to expedite the processing of permits for
53certain projects; requiring the Department of
54Environmental Protection, in coordination with the Fish
55and Wildlife Conservation Commission, to study the use of
56state parks for recreational boating; requiring that the
57department make recommendations to the Governor and the
58Legislature; amending s. 328.72, F.S.; revising the
59distribution of vessel registration fees; providing for a
60portion of the fees to be designated for certain trust
61funds; providing for a grant program for public launching
62facilities; providing priority consideration for certain
63counties; requiring certain counties to provide an annual
64report to the Fish and Wildlife Conservation Commission;
65requiring the commission to provide exemptions for certain
66counties; creating s. 342.07, F.S.; enunciating the
67state's interest in maintaining recreational and
68commercial working waterfronts; defining the term
69"recreational and commercial working waterfront"; creating
70ss. 197.303-197.3047, F.S.; authorizing county commissions
71to adopt tax deferral ordinances for recreational and
72commercial working waterfront properties; requiring
73bonding periods effective prior the deferral to remain in
74effect for certain properties; providing requirements for
75deferral notification and application for certain
76properties; providing a tax deferral for ad valorem taxes
77and non-ad valorem assessments authorized to be deferred
78by ordinance and levied on recreational and commercial
79working waterfronts; providing certain exceptions;
80specifying the rate of the deferral; providing that the
81taxes, assessments, and interest deferred constitute a
82prior lien on the property; providing an application
83process; providing notice requirements; providing for a
84decision of the tax collector to be appealed to the value
85adjustment board; providing for calculating the deferral;
86providing requirements for deferred payment tax
87certificates; providing for the deferral to cease under
88certain circumstances; requiring notice to the tax
89collector; requiring payment of deferred taxes,
90assessments, and interest under certain circumstances;
91authorizing specified parties to make a prepayment of
92deferred taxes; providing for distribution of payments;
93providing for construction of provisions authorizing the
94deferments; providing penalties; providing for a penalty
95to be appealed to the value adjustment board; providing an
96effective date.
97
98Be It Enacted by the Legislature of the State of Florida:
99
100     Section 1.  Paragraph (b) of subsection (1) of section
101163.3174, Florida Statutes, is amended to read:
102     163.3174  Local planning agency.--
103     (1)  The governing body of each local government,
104individually or in combination as provided in s. 163.3171, shall
105designate and by ordinance establish a "local planning agency,"
106unless the agency is otherwise established by law.
107Notwithstanding any special act to the contrary, all local
108planning agencies or equivalent agencies that first review
109rezoning and comprehensive plan amendments in each municipality
110and county shall include a representative of the school district
111appointed by the school board as a nonvoting member of the local
112planning agency or equivalent agency to attend those meetings at
113which the agency considers comprehensive plan amendments and
114rezonings that would, if approved, increase residential density
115on the property that is the subject of the application. However,
116this subsection does not prevent the governing body of the local
117government from granting voting status to the school board
118member. The governing body may designate itself as the local
119planning agency pursuant to this subsection with the addition of
120a nonvoting school board representative. The governing body
121shall notify the state land planning agency of the establishment
122of its local planning agency. All local planning agencies shall
123provide opportunities for involvement by applicable community
124college boards, which may be accomplished by formal
125representation, membership on technical advisory committees, or
126other appropriate means. The local planning agency shall prepare
127the comprehensive plan or plan amendment after hearings to be
128held after public notice and shall make recommendations to the
129governing body regarding the adoption or amendment of the plan.
130The agency may be a local planning commission, the planning
131department of the local government, or other instrumentality,
132including a countywide planning entity established by special
133act or a council of local government officials created pursuant
134to s. 163.02, provided the composition of the council is fairly
135representative of all the governing bodies in the county or
136planning area; however:
137     (b)  In the case of chartered counties, the planning
138responsibility between the county and the several municipalities
139therein shall be as stipulated in the charter. A municipality
140located in a county that adopts a charter form of government on
141or after July 1, 2005, shall have the option to exercise
142exclusive land use planning authority. The exercise of this
143option shall require the municipality to adopt a resolution
144approving the exercise of exclusive land use planning authority.
145Exclusive land use planning authority includes platting, zoning,
146the adoption of comprehensive plan amendments in accordance with
147this chapter, and the issuance of development orders for the
148area under municipal jurisdiction.
149     Section 2.  Paragraphs (a) and (e) of subsection (6) of
150section 163.3177, Florida Statutes, are amended to read:
151     163.3177  Required and optional elements of comprehensive
152plan; studies and surveys.--
153     (6)  In addition to the requirements of subsections
154(1)-(5), the comprehensive plan shall include the following
155elements:
156     (a)  A future land use plan element designating proposed
157future general distribution, location, and extent of the uses of
158land for residential uses, commercial uses, industry,
159agriculture, recreation, conservation, education, public
160buildings and grounds, other public facilities, and other
161categories of the public and private uses of land. Counties are
162encouraged to designate rural land stewardship areas, pursuant
163to the provisions of paragraph (11)(d), as overlays on the
164future land use map. Each future land use category must be
165defined in terms of uses included, and must include standards to
166be followed in the control and distribution of population
167densities and building and structure intensities. The proposed
168distribution, location, and extent of the various categories of
169land use shall be shown on a land use map or map series which
170shall be supplemented by goals, policies, and measurable
171objectives. The future land use plan shall be based upon
172surveys, studies, and data regarding the area, including the
173amount of land required to accommodate anticipated growth; the
174projected population of the area; the character of undeveloped
175land; the availability of public services; the need for
176redevelopment, including the renewal of blighted areas and the
177elimination of nonconforming uses which are inconsistent with
178the character of the community; the compatibility of uses on
179lands adjacent to or closely proximate to military
180installations; and, in rural communities, the need for job
181creation, capital investment, and economic development that will
182strengthen and diversify the community's economy. The future
183land use plan may designate areas for future planned development
184use involving combinations of types of uses for which special
185regulations may be necessary to ensure development in accord
186with the principles and standards of the comprehensive plan and
187this act. The future land use plan element shall include
188criteria to be used to achieve the compatibility of adjacent or
189closely proximate lands with military installations. In
190addition, for rural communities, the amount of land designated
191for future planned industrial use shall be based upon surveys
192and studies that reflect the need for job creation, capital
193investment, and the necessity to strengthen and diversify the
194local economies, and shall not be limited solely by the
195projected population of the rural community. The future land use
196plan of a county may also designate areas for possible future
197municipal incorporation. The land use maps or map series shall
198generally identify and depict historic district boundaries and
199shall designate historically significant properties meriting
200protection. For coastal counties, the future land use element
201must include, without limitation, regulatory incentives and
202criteria that encourage the preservation of recreational and
203commercial working waterfronts as defined in s. 342.07. The
204future land use element must clearly identify the land use
205categories in which public schools are an allowable use. When
206delineating the land use categories in which public schools are
207an allowable use, a local government shall include in the
208categories sufficient land proximate to residential development
209to meet the projected needs for schools in coordination with
210public school boards and may establish differing criteria for
211schools of different type or size. Each local government shall
212include lands contiguous to existing school sites, to the
213maximum extent possible, within the land use categories in which
214public schools are an allowable use. All comprehensive plans
215must comply with the school siting requirements of this
216paragraph no later than October 1, 1999. The failure by a local
217government to comply with these school siting requirements by
218October 1, 1999, will result in the prohibition of the local
219government's ability to amend the local comprehensive plan,
220except for plan amendments described in s. 163.3187(1)(b), until
221the school siting requirements are met. Amendments proposed by a
222local government for purposes of identifying the land use
223categories in which public schools are an allowable use or for
224adopting or amending the school-siting maps pursuant to s.
225163.31776(3) are exempt from the limitation on the frequency of
226plan amendments contained in s. 163.3187. The future land use
227element shall include criteria that encourage the location of
228schools proximate to urban residential areas to the extent
229possible and shall require that the local government seek to
230collocate public facilities, such as parks, libraries, and
231community centers, with schools to the extent possible and to
232encourage the use of elementary schools as focal points for
233neighborhoods. For schools serving predominantly rural counties,
234defined as a county with a population of 100,000 or fewer, an
235agricultural land use category shall be eligible for the
236location of public school facilities if the local comprehensive
237plan contains school siting criteria and the location is
238consistent with such criteria. Local governments required to
239update or amend their comprehensive plan to include criteria and
240address compatibility of adjacent or closely proximate lands
241with existing military installations in their future land use
242plan element shall transmit the update or amendment to the
243department by June 30, 2006.
244     (e)  A recreation and open space element indicating a
245comprehensive system of public and private sites for recreation,
246including, but not limited to, natural reservations, parks and
247playgrounds, parkways, beaches and public access to beaches,
248open spaces, waterways, and other recreational facilities.
249     Section 3.  Paragraph (g) of subsection (2) of section
250163.3178, Florida Statutes, is amended to read:
251     163.3178  Coastal management.--
252     (2)  Each coastal management element required by s.
253163.3177(6)(g) shall be based on studies, surveys, and data; be
254consistent with coastal resource plans prepared and adopted
255pursuant to general or special law; and contain:
256     (g)  A shoreline use component that which identifies public
257access to beach and shoreline areas and addresses the need for
258water-dependent and water-related facilities, including marinas,
259along shoreline areas. Such component must include the
260strategies that will be used to preserve recreational and
261commercial working waterfronts as defined in s. 342.07.
262     Section 4.  Paragraph (c) of subsection (1) of section
263163.3187, Florida Statutes, is amended, and paragraph (o) is
264added to said subsection, to read:
265     163.3187  Amendment of adopted comprehensive plan.--
266     (1)  Amendments to comprehensive plans adopted pursuant to
267this part may be made not more than two times during any
268calendar year, except:
269     (c)  Any local government comprehensive plan amendments
270directly related to proposed small scale development activities
271may be approved without regard to statutory limits on the
272frequency of consideration of amendments to the local
273comprehensive plan. A small scale development amendment may be
274adopted only under the following conditions:
275     1.  The proposed amendment involves a use of 10 acres or
276fewer and:
277     a.  The cumulative annual effect of the acreage for all
278small scale development amendments adopted by the local
279government shall not exceed:
280     (I)  A maximum of 120 acres in a local government that
281contains areas specifically designated in the local
282comprehensive plan for urban infill, urban redevelopment, or
283downtown revitalization as defined in s. 163.3164, urban infill
284and redevelopment areas designated under s. 163.2517, areas
285designated by the Governor as rural areas of critical economic
286concern under s. 288.0656(7), transportation concurrency
287exception areas approved pursuant to s. 163.3180(5), or regional
288activity centers and urban central business districts approved
289pursuant to s. 380.06(2)(e); however, amendments under this
290paragraph may be applied to no more than 60 acres annually of
291property outside the designated areas listed in this sub-sub-
292subparagraph. Amendments adopted pursuant to paragraph (k) shall
293not be counted toward the acreage limitations for small scale
294amendments under this paragraph.
295     (II)  A maximum of 80 acres in a local government that does
296not contain any of the designated areas set forth in sub-sub-
297subparagraph (I).
298     (III)  A maximum of 120 acres in a county established
299pursuant to s. 9, Art. VIII of the State Constitution.
300     b.  The proposed amendment does not involve the same
301property granted a change within the prior 12 months.
302     c.  The proposed amendment does not involve the same
303owner's property within 200 feet of property granted a change
304within the prior 12 months.
305     d.  The proposed amendment does not involve a text change
306to the goals, policies, and objectives of the local government's
307comprehensive plan, but only proposes a land use change to the
308future land use map for a site-specific small scale development
309activity.
310     e.  The property that is the subject of the proposed
311amendment is not located within an area of critical state
312concern, unless the project subject to the proposed amendment
313involves the construction of affordable housing units meeting
314the criteria of s. 420.0004(3), and is located within an area of
315critical state concern designated by s. 380.0552 or by the
316Administration Commission pursuant to s. 380.05(1). Such
317amendment is not subject to the density limitations of sub-
318subparagraph f., and shall be reviewed by the state land
319planning agency for consistency with the principles for guiding
320development applicable to the area of critical state concern
321where the amendment is located and shall not become effective
322until a final order is issued under s. 380.05(6).
323     f.  If the proposed amendment involves a residential land
324use, the residential land use has a density of 10 units or less
325per acre, except that this limitation does not apply to small
326scale amendments described in sub-sub-subparagraph a.(I) that
327are designated in the local comprehensive plan for urban infill,
328urban redevelopment, or downtown revitalization as defined in s.
329163.3164, urban infill and redevelopment areas designated under
330s. 163.2517, transportation concurrency exception areas approved
331pursuant to s. 163.3180(5), or regional activity centers and
332urban central business districts approved pursuant to s.
333380.06(2)(e).
334     2.a.  A local government that proposes to consider a plan
335amendment pursuant to this paragraph is not required to comply
336with the procedures and public notice requirements of s.
337163.3184(15)(c) for such plan amendments if the local government
338complies with the provisions in s. 125.66(4)(a) for a county or
339in s. 166.041(3)(c) for a municipality. If a request for a plan
340amendment under this paragraph is initiated by other than the
341local government, public notice is required.
342     b.  The local government shall send copies of the notice
343and amendment to the state land planning agency, the regional
344planning council, and any other person or entity requesting a
345copy. This information shall also include a statement
346identifying any property subject to the amendment that is
347located within a coastal high hazard area as identified in the
348local comprehensive plan.
349     3.  Small scale development amendments adopted pursuant to
350this paragraph require only one public hearing before the
351governing board, which shall be an adoption hearing as described
352in s. 163.3184(7), and are not subject to the requirements of s.
353163.3184(3)-(6) unless the local government elects to have them
354subject to those requirements.
355     4.  If the small scale development amendment involves a
356site within an area that is designated by the Governor as a
357rural area of critical economic concern under s. 288.0656(7),
358for the duration of such designation, sub-subparagraph 1.c.
359shall not apply and the 10-acre limit listed in subparagraph 1.
360shall be increased by 100 percent to 20 acres. The local
361government approving the small scale plan amendment shall
362certify to the Office of Tourism, Trade, and Economic
363Development that the plan amendment furthers the economic
364objectives set forth in the executive order issued under s.
365288.0656(7), and the property subject to the plan amendment
366shall undergo public review to ensure that all concurrency
367requirements and federal, state, and local environmental permit
368requirements are met.
369     (o)  A comprehensive plan amendment that is submitted by an
370area designated by the Governor as a rural area of critical
371economic concern under s. 288.0656(7) and that meets the
372economic development objectives may be approved without regard
373to the statutory limits on the frequency of adoption of
374amendments to the comprehensive plan.
375     Section 5.  Subsection (1) of section 253.002, Florida
376Statutes, is amended to read:
377     253.002  Department of Environmental Protection, water
378management districts, and Department of Agriculture and Consumer
379Services; duties with respect to state lands.--
380     (1)  The Department of Environmental Protection shall
381perform all staff duties and functions related to the
382acquisition, administration, and disposition of state lands,
383title to which is or will be vested in the Board of Trustees of
384the Internal Improvement Trust Fund. However, upon the effective
385date of rules adopted pursuant to s. 373.427, a water management
386district created under s. 373.069 shall perform the staff duties
387and functions related to the review of any application for
388authorization to use board of trustees-owned submerged lands
389necessary for an activity regulated under part IV of chapter 373
390for which the water management district has permitting
391responsibility as set forth in an operating agreement adopted
392pursuant to s. 373.046(4); and effective July 1, 2000, the
393Department of Agriculture and Consumer Services shall perform
394the staff duties and functions related to the review of
395applications and compliance with lease conditions for use of
396board of trustees-owned submerged lands under authorizations or
397leases issued pursuant to ss. 253.67-253.75 and 597.010. Unless
398expressly prohibited by law, the board of trustees may delegate
399to the department any statutory duty or obligation relating to
400the acquisition, administration, or disposition of lands, title
401to which is or will be vested in the board of trustees. The
402board of trustees may also delegate to any water management
403district created under s. 373.069 the authority to take final
404agency action, without any action on behalf of the board, on
405applications for authorization to use board of trustees-owned
406submerged lands for any activity regulated under part IV of
407chapter 373 for which the water management district has
408permitting responsibility as set forth in an operating agreement
409adopted pursuant to s. 373.046(4). This water management
410district responsibility under this subsection shall be subject
411to the department's general supervisory authority pursuant to s.
412373.026(7). The board of trustees may also delegate to the
413Department of Agriculture and Consumer Services the authority to
414take final agency action on behalf of the board on applications
415to use board of trustees-owned submerged lands for any activity
416for which that department has responsibility pursuant to ss.
417253.67-253.75 and 597.010. However, the board of trustees shall
418retain the authority to take final agency action on establishing
419any areas for leasing, new leases, expanding existing lease
420areas, or changing the type of lease activity in existing
421leases. Upon issuance of an aquaculture lease or other real
422property transaction relating to aquaculture, the Department of
423Agriculture and Consumer Services must send a copy of the
424document and the accompanying survey to the Department of
425Environmental Protection.
426     Section 6.  Subsection (15) of section 253.03, Florida
427Statutes, is renumbered as subsection (16), and a new subsection
428(15) is added to said section to read:
429     253.03  Board of trustees to administer state lands; lands
430enumerated.--
431     (15)  The Board of Trustees of the Internal Improvement
432Trust Fund shall encourage the use of sovereign submerged lands
433for water-dependent uses and public access.
434     Section 7.  Subsection (1) of section 253.67, Florida
435Statutes, is amended to read:
436     253.67  Definitions.--As used in ss. 253.67-253.75:
437     (1)  "Aquaculture" means the cultivation of aquatic
438organisms and associated activities, including, but not limited
439to, grading, sorting, transporting, harvesting, holding,
440storing, growing, and planting.
441     Section 8.  Subsection (1) and paragraph (a) of subsection
442(2) of section 253.68, Florida Statutes, are amended to read:
443     253.68  Authority to lease or use submerged lands land and
444water column for aquaculture activities.--
445     (1)  To the extent that it is not contrary to the public
446interest, and subject to limitations contained in ss. 253.67-
447253.75, the board of trustees may lease or authorize the use of
448submerged lands to which it has title for the conduct of
449aquaculture activities and grant exclusive use of the bottom and
450the water column to the extent required by such activities.
451"Aquaculture activities" means any activities, as determined by
452board rule, related to the production of aquacultural products,
453including, but not limited to, producing, storing, handling,
454grading, sorting, transporting, harvesting, and aquaculture
455support docking. Such leases or authorizations may permit
456authorize use of the submerged land and water column for either
457commercial or experimental purposes. However, a resolution of
458objection adopted by a majority of the county commission of a
459county within whose boundaries the proposed leased area would
460lie, if the boundaries were extended to the extent of the
461interest of the state, may be filed with the board of trustees
462within 30 days of the date of the first publication of notice as
463required by s. 253.70. Prior to the granting of any such leases
464or authorizations, the board shall by rule establish and publish
465a list of guidelines to be followed when considering
466applications for lease or authorization. Such guidelines shall
467be designed to protect the public's interest in submerged lands
468and the publicly owned water column.
469     (2)(a)  The Legislature finds that the state's ability to
470supply fresh seafood and other aquaculture products has been
471diminished by a combination of factors, including a diminution
472of the resources and restrictions on the harvest of certain
473marine species. The Legislature declares that it is in the
474state's economic, resource enhancement, and food production
475interests to promote aquaculture production of food and nonfood
476aquatic species by facilitating the review and approval
477processes for authorizing the use of leasing sovereignty
478submerged land or the water column; simplifying environmental
479permitting; supporting educational, research, and demonstration
480programs; and assisting certain local governments to develop
481aquaculture as a means to promote economic development. The
482Legislature declares that aquaculture shall be recognized as a
483practicable resource management alternative to produce marine
484aquaculture products, to protect and conserve natural resources,
485to reduce competition for natural stocks, and to augment and
486restore natural populations. Therefore, for the purpose of this
487section, the Legislature declares that aquaculture is in the
488public interest.
489     Section 9.  Section 253.74, Florida Statutes, is amended to
490read:
491     253.74  Penalties.--
492     (1)  Any person who conducts aquaculture activities in
493excess of those authorized by lease agreement with the board or
494who conducts such activities on state-owned submerged lands
495without having previously obtained an authorization from the
496board commits leased the same shall be guilty of a misdemeanor
497and shall be subject to imprisonment for not more than 6 months
498or fine of not more than $1,000, or both. In addition to such
499fine and imprisonment, all works, improvements, animal and plant
500life involved in the project, may be forfeited to the state.
501     (2)  Any person who is found by the department to have
502violated the provisions of chapter 403 or chapter 597 shall be
503subject to having his or her lease of state-owned submerged
504lands canceled.
505     Section 10.  Subsection (1) of section 253.75, Florida
506Statutes, is amended to read:
507     253.75  Studies and recommendations by the department and
508the Fish and Wildlife Conservation Commission; designation of
509recommended traditional and other use zones; supervision of
510aquaculture operations.--
511     (1)  Prior to the granting of any form of authorization
512lease under this act, the board shall request comments by the
513Fish and Wildlife Conservation Commission when the application
514relates to bottom land covered by fresh or salt water. Such
515comments shall be based on such factors as an assessment of the
516probable effect of the proposed use lease on the conservation of
517fish or wildlife or other programs under the constitutional or
518statutory authority of the Fish and Wildlife Conservation
519Commission.
520     Section 11.  Waterfronts Florida Program.--
521     (1)  There is established within the Department of
522Community Affairs the Waterfronts Florida Program to provide
523technical assistance and support to communities in revitalizing
524waterfront areas in this state.
525     (2)  As used in this section, the term:
526     (a)  "Waterfront community" means a municipality or county
527that is required to prepare a coastal element for its local
528government comprehensive plan.
529     (b)  "Recreational and commercial working waterfront" means
530a parcel or parcels of real property that provide access for
531water-dependent commercial activities or provide access for the
532public to the navigable waters of the state. Recreational and
533commercial working waterfronts require direct access to or a
534location on, over, or adjacent to a navigable body of water. The
535term includes water-dependent facilities that are open to the
536public and offer public access by vessels to the waters of the
537state or that are support facilities for recreational,
538commercial, research, or governmental vessels. These facilities
539include docks, wharfs, lifts, wet and dry marinas, boat ramps,
540boat hauling and repair facilities, commercial fishing
541facilities, boat construction facilities, and other support
542structures over the water.
543     (3)  The purpose of this program is to provide technical
544assistance, support, training, and financial assistance to
545waterfront communities in their efforts to revitalize waterfront
546areas. The program shall direct its efforts on the following
547priority concerns:
548     (a)  Protecting environmental and cultural resources;
549     (b)  Providing public access;
550     (c)  Mitigating hazards; and
551     (d)  Enhancing the viable traditional economy.
552     (4)  The program is responsible for:
553     (a)  Implementing the Waterfronts Florida Partnership
554Program. The department, in coordination with the Department of
555Environmental Protection, shall develop procedures and
556requirements governing program eligibility, application
557procedures, and application review. The department may provide
558financial assistance to eligible local governments to develop
559local plans to further the purpose of the program. In
560recognition of limited funding, the department may limit the
561number of local governments assisted by the program based on the
562amount of funding appropriated to the department for the purpose
563of the program.
564     (b)  Serving as a source for information and technical
565assistance for Florida's waterfront communities in preserving
566traditional recreational and commercial working waterfronts.
567     Section 12.  The Department of Environmental Protection
568and, as appropriate, the water management districts created by
569chapter 373, Florida Statutes, shall adopt programs to expedite
570the processing of wetland resource and environmental resource
571permits for marina projects that reserve at least 10 percent of
572available boat slips for public use.
573     Section 13.  The Department of Environmental Protection, in
574coordination with the Fish and Wildlife Conservation Commission,
575shall undertake a study evaluating the current use of state
576parks for purposes of recreational boating and identify
577opportunities for increasing recreational boating access within
578the state park system. The study must include recommendations
579regarding the most appropriate locations for expanding existing
580recreational boating access and must identify state parks where
581new recreational boating access may be located. The report must
582contain estimates of the costs necessary to expand and construct
583additional recreational boating facilities at specific state
584parks. The department shall submit a report summarizing its
585findings and recommendations to the Governor, the President of
586the Senate, and the Speaker of the House of Representatives by
587January 1, 2006.
588     Section 14.  Subsection (15) of section 328.72, Florida
589Statutes, is amended to read:
590     328.72  Classification; registration; fees and charges;
591surcharge; disposition of fees; fines; marine turtle stickers.--
592     (15)  DISTRIBUTION OF FEES.--Except for the first $2, $1
593of, which shall be remitted to the state for deposit into the
594Save the Manatee Trust Fund created within the Fish and Wildlife
595Conservation Commission and $1 of which shall be remitted to the
596state for deposit into the Marine Resources Conservation Trust
597Fund to fund a grant program for public launching facilities,
598pursuant to s. 327.47, giving priority consideration to counties
599with more than 35,000 registered vessels., Moneys designated for
600the use of the counties, as specified in subsection (1), shall
601be distributed by the tax collector to the board of county
602commissioners for use as provided in this section. Such moneys
603to be returned to the counties are for the sole purposes of
604providing recreational channel marking and public launching
605facilities and other boating-related activities, for removal of
606vessels and floating structures deemed a hazard to public safety
607and health for failure to comply with s. 327.53, and for manatee
608and marine mammal protection and recovery. Counties that
609demonstrate through an annual detailed accounting report of
610vessel registration revenues that registration fees were spent
611on public launching facilities shall only be required to
612transfer the first $1 of the fees to the Save the Manatee Trust
613Fund. This report shall be provided to the Fish and Wildlife
614Conservation Commission no later than November 1 of each year.
615The commission shall provide an exemption letter to the
616department by December 15 of each year for qualifying counties.
617     Section 15.  Section 342.07, Florida Statutes, is created
618to read:
619     342.07  Recreational and commercial working waterfronts;
620legislative findings; definitions.--
621     (1)  The Legislature recognizes that there is an important
622state interest in facilitating boating access to the state's
623navigable waters. This access is vital to recreational users and
624the marine industry in the state, to maintaining or enhancing
625the $14 billion economic impact of boating in the state, and to
626ensuring continued access to all residents and visitors to the
627navigable waters of the state. The Legislature recognizes that
628there is an important state interest in maintaining viable
629water-dependent support facilities, such as boat hauling and
630repairing and commercial fishing facilities, and in maintaining
631the availability of public access to the navigable waters of the
632state. The Legislature further recognizes that the waterways of
633the state are important for engaging in commerce and the
634transportation of goods and people upon such waterways and that
635such commerce and transportation is not feasible unless there is
636access to and from the navigable waters of the state through
637recreational and commercial working waterfronts.
638     (2)  As used in this section, the term "recreational and
639commercial working waterfront" means a parcel or parcels of real
640property that provide access for water-dependent commercial
641activities or provide access for the public to the navigable
642waters of the state. Recreational and commercial working
643waterfronts require direct access to or a location on, over, or
644adjacent to a navigable body of water. The term includes water-
645dependent facilities that are open to the public and offer
646public access by vessels to the waters of the state or that are
647support facilities for recreational, commercial, research, or
648governmental vessels. These facilities include docks, wharfs,
649lifts, wet and dry marinas, boat ramps, boat hauling and repair
650facilities, commercial fishing facilities, boat construction
651facilities, and other support structures over the water. As used
652in this section, the term "vessel" has the same meaning as in s.
653327.02(37). Seaports are excluded from the definition.
654     Section 16.  Sections 197.303, 197.304, 197.3041, 197.3042,
655197.3043, 197.3044, 197.3045, 197.3046, and 197.3047, Florida
656Statutes, are created to read:
657     197.303  Ad valorem tax deferral for recreational and
658commercial working waterfront properties.--
659     (1)  The board of county commissioners of any county or the
660governing authority of any municipality may adopt an ordinance
661to allow for ad valorem tax deferrals for recreational and
662commercial working waterfront properties if the owners are
663engaging in the operation, rehabilitation, or renovation of such
664properties in accordance with guidelines established in this
665section.
666     (2)  The board of county commissioners or the governing
667authority of the municipality by ordinance may authorize the
668deferral of ad valorem taxation and non-ad valorem assessments
669for recreational and commercial working waterfront properties.
670     (3)  The ordinance shall designate the type and location of
671working waterfront property for which deferrals may be granted,
672which may include any property meeting the provisions of s.
673342.07(2), which property may be further required to be located
674within a particular geographic area or areas of the county or
675municipality.
676     (4)  The ordinance must specify that such deferrals apply
677only to taxes levied by the unit of government granting the
678deferral. The deferrals do not apply, however, to taxes or non-
679ad valorem assessments defined in s. 197.3632(1)(d) levied for
680the payment of bonds or to taxes authorized by a vote of the
681electors pursuant to s. 9(b) or s. 12, Art. VII of the State
682Constitution.
683     (5)  The ordinance must specify that any deferral granted
684remains in effect regardless of any change in the authority of
685the county or municipality to grant the deferral. In order to
686retain the deferral, however, the use and ownership of the
687property as a working waterfront must be maintained over the
688period for which the deferral is granted.
689     (6)  While bonds currently outstanding remain outstanding
690on properties located within a community redevelopment area
691prior to the adoption and implementation of the tax deferral
692shall remain in effect, and such properties shall not be
693eligible for a tax deferral, until the bonds have matured or the
694bondholders have been defeased. The community redevelopment
695agency shall notify the property owner who previously applied
696for a tax deferral but was not eligible for a complete deferral
697because of the bonds outstanding and the tax collector 1 year
698prior to the bonds having matured or having been defeased. The
699existence of a community redevelopment area shall not prevent
700deferral of any taxes not pledged as a revenue source for bonds
701outstanding at the time of the application. Following the
702maturity or defeasance of the bonds outstanding at the time of
703the original application, issuance of bonds by the community
704redevelopment agency may not be based on the tax revenue
705generated by a property applying for a tax deferral or under a
706tax deferral.
707     197.304  Tax deferral for recreational and commercial
708working waterfronts.--
709     (1)  Any property owner in a jurisdiction that has adopted
710a tax deferral ordinance pursuant to s. 197.303 that owns a
711recreational and commercial working waterfront facility as
712defined in s. 342.07 may elect to defer payment of those ad
713valorem taxes and non-ad valorem assessments designated in the
714ordinance authorizing the deferral by filing an annual
715application for tax deferral with the county tax collector on or
716before January 31 following the year in which the taxes and non-
717ad valorem assessments are assessed. The applicant has the
718burden to affirmatively demonstrate compliance with the
719requirements of this section.
720     (2)  Approval of an application for tax deferral shall
721defer that portion of the combined total of ad valorem taxes and
722any non-ad valorem assessments that are authorized to be
723deferred by the ordinance authorizing the deferral.
724     (3)  A tax deferral may not be granted if:
725     (a)  The total amount of deferred taxes, non-ad valorem
726assessments, and interest plus the total amount of all other
727unsatisfied liens on the property exceeds 85 percent of the
728assessed value of the property; or
729     (b)  The primary financing on the property is for an amount
730that exceeds 70 percent of the assessed value of the property.
731     (4)  The amount of taxes, non-ad valorem assessments, and
732interest deferred shall accrue interest at a rate equal to the
733semiannually compounded rate of one-half of 1 percent plus the
734average yield to maturity of the long-term fixed-income portion
735of the Florida Retirement System investments as of the end of
736the quarter preceding the date of the sale of the deferred
737payment tax certificates; however, the interest rate may not
738exceed 9.5 percent.
739     (5)  The taxes, non-ad valorem assessments, and interest
740deferred pursuant to this section constitute a prior lien and
741shall attach as of the date and in the same manner and be
742collected as other liens for taxes, as provided for under this
743chapter, but such deferred taxes, non-ad valorem assessments,
744and interest shall only be due, payable, and delinquent as
745provided in ss. 197.303-197.3047.
746     197.3041  Tax deferral for recreational and commercial
747working waterfronts; application.--
748     (1)  The application for deferral must be made annually
749upon a form prescribed by the department and furnished by the
750county tax collector. The application form must be signed upon
751oath by the applicant before an officer authorized by the state
752to administer oaths. The tax collector may require the applicant
753to submit any other evidence and documentation as deemed
754necessary by the tax collector in considering the application.
755The application form must provide notice to the applicant of the
756manner in which interest is computed. Each application form must
757contain an explanation of the conditions to be met for approval
758and the conditions under which deferred taxes and interest
759become due, payable, and delinquent. Each application must
760clearly state that all deferrals pursuant to ss. 197.303-
761197.3047 constitute a lien on the applicant's property.
762     (2)(a)  The tax collector shall consider and render his or
763her findings, determinations, and decision on each annual
764application for a tax deferral for recreational and commercial
765working waterfronts within 45 days after the date the
766application is filed. The tax collector shall exercise
767reasonable discretion based upon applicable information
768available under this section. The determinations and findings of
769the tax collector as provided for in this paragraph are not
770quasi judicial and are subject exclusively to review by the
771value adjustment board as provided by this section. A tax
772collector who finds that the applicant is entitled to the tax
773deferral shall approve the application and file the application
774in the permanent records. A tax collector who finds that the
775applicant is not entitled to the deferral shall send a notice of
776disapproval within 45 days after the date the application is
777filed, giving reasons for the disapproval to the applicant. The
778notice must be sent by personal delivery or registered mail to
779the mailing address given by the applicant in the manner in
780which the original notice thereof was served upon the applicant
781and must be filed among the permanent records of the tax
782collector's office. The original notice of disapproval sent to
783the applicant shall advise the applicant of the right to appeal
784the decision of the tax collector to the value adjustment board
785and inform the applicant of the procedure for filing such an
786appeal.
787     (b)  An appeal of the decision of the tax collector to the
788value adjustment board must be in writing on a form prescribed
789by the department and furnished by the tax collector. The appeal
790must be filed with the value adjustment board within 20 days
791after the applicant's receipt of the notice of disapproval, and
792the board must approve or disapprove the appeal within 30 days
793after receipt. The value adjustment board shall review the
794application and the evidence presented to the tax collector upon
795which the applicant based his or her claim for tax deferral and,
796at the election of the applicant, shall hear the applicant in
797person, or by agent on the applicant's behalf, on his or her
798right to the tax deferral. The value adjustment board shall
799reverse the decision of the tax collector and grant a tax
800deferral to the applicant if, in its judgment, the applicant is
801entitled to the tax deferral or shall affirm the decision of the
802tax collector. Action by the value adjustment board is final
803unless the applicant or tax collector or other lienholder,
804within 15 days after the date of disapproval of the application
805by the board, files in the circuit court of the county in which
806the property is located a de novo proceeding for a declaratory
807judgment or other appropriate proceeding.
808     (3)  Each application must contain a list of, and the
809current value of, all outstanding liens on the applicant's
810property.
811     (4)  For approved applications, the date of receipt by the
812tax collector of the application for tax deferral shall be used
813in calculating taxes due and payable net of discounts for early
814payment.
815     (5)  If such proof has not been furnished with a prior
816application, each applicant shall furnish proof of fire and
817extended coverage insurance in an amount that is in excess of
818the sum of all outstanding liens and deferred taxes and interest
819with a loss payable clause to the county tax collector.
820     (6)  The tax collector shall notify the property appraiser
821in writing of those parcels for which taxes have been deferred.
822     (7)  The property appraiser shall promptly notify the tax
823collector of changes in ownership or use of properties that have
824been granted a tax deferral.
825     197.3042  Deferred payment tax certificates.--
826     (1)  The tax collector shall notify each local governing
827body of the amount of taxes and non-ad valorem assessments
828deferred which would otherwise have been collected for such
829governing body. The county shall then, at the time of the tax
830certificate sale held pursuant to s. 197.432, strike each
831certificate off to the county. Certificates issued pursuant to
832this section are exempt from the public sale of tax certificates
833held pursuant to s. 197.432.
834     (2)  The certificates so held by the county shall bear
835interest at a rate equal to the semiannually compounded rate of
8360.5 percent plus the average yield to maturity of the long-term
837fixed-income portion of the Florida Retirement System
838investments as of the end of the quarter preceding the date of
839the sale of the deferred payment tax certificates; however, the
840interest rate may not exceed 9.5 percent.
841     197.3043  Change in use or ownership of property.--
842     (1)  If there is a change in use or ownership of the
843tax-deferred property such that the owner is no longer entitled
844to claim the property as a recreational or commercial working
845waterfront facility, or there is a change in the legal or
846beneficial ownership of the property, or the owner fails to
847maintain the required fire and extended insurance coverage, the
848total amount of deferred taxes and interest for all previous
849years becomes due and payable November 1 of the year in which
850the change in use or ownership occurs or on the date failure to
851maintain insurance occurs, and is delinquent on April 1 of the
852year following the year in which the change in use or ownership
853or failure to maintain insurance occurs.
854     (2)  Whenever the property appraiser discovers that there
855has been a change in the use or ownership of the property that
856has been granted a tax deferral, the property appraiser shall
857notify the tax collector in writing of the date such change
858occurs, and the tax collector shall collect any taxes and
859interest due or delinquent.
860     (3)  During any year in which the total amount of deferred
861taxes, interest, and all other unsatisfied liens on the property
862exceeds 85 percent of the assessed value of the property, the
863tax collector shall immediately notify the owner of the property
864on which taxes and interest have been deferred that the portion
865of taxes and interest which exceeds 85 percent of the assessed
866value of the property is due and payable within 30 days after
867receipt of the notice. Failure to pay the amount due shall cause
868the total amount of deferred taxes and interest to become
869delinquent.
870     (4)  If deferred taxes become delinquent under this
871chapter, on or before June 1 following the date the taxes become
872delinquent, the tax collector shall sell a tax certificate for
873the delinquent taxes and interest in the manner provided by s.
874197.432.
875     197.3044  Prepayment of deferred taxes.--
876     (1)  All or part of the deferred taxes and accrued interest
877may at any time be paid to the tax collector by:
878     (a)  The owner of the property.
879     (b)  The next of kin of the owner, heir of the owner, child
880of the owner, or any person having or claiming a legal or
881equitable interest in the property, if no objection is made by
882the owner within 30 days after the tax collector notifies the
883owner of the fact that such payment has been tendered.
884     (2)  Any partial payment made pursuant to this section
885shall be applied first to accrued interest.
886     197.3045  Distribution of payments.--When any deferred
887taxes or interest is collected, the tax collector shall maintain
888a record of the payment, setting forth a description of the
889property and the amount of taxes or interest collected for the
890property. The tax collector shall distribute payments received
891in accordance with the procedures for distributing ad valorem
892taxes or redemption moneys as prescribed in this chapter.
893     197.3046  Construction.--Sections 197.303-197.3047 do not
894prevent the collection of personal property taxes that become a
895lien against tax-deferred property, defer payment of special
896assessments to benefited property other than those specifically
897allowed to be deferred, or affect any provision of any mortgage
898or other instrument relating to property requiring a person to
899pay ad valorem taxes or non-ad valorem assessments.
900     197.3047  Penalties.--
901     (1)  The following penalties shall be imposed on any person
902who willfully files information required under ss. 197.303-
903197.3047 which is incorrect:
904     (a)  The person shall pay the total amount of taxes and
905interest deferred, which amount shall immediately become due;
906     (b)  The person shall be disqualified from filing a tax
907deferral application for the next 3 years; and
908     (c)  The person shall pay a penalty of 25 percent of the
909total amount of taxes and interest deferred.
910     (2)  Any person against whom the penalties prescribed in
911this section have been imposed may appeal the penalties imposed
912to the value adjustment board within 30 days after the penalties
913are imposed.
914     Section 17.  This act shall take effect July 1, 2005.


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