HB 955

1	A bill to be entitled
2	An act relating to waterfront property; amending s.
3	163.3177, F.S.; requiring the future land use plan element
4	of a local comprehensive plan for a coastal county to
5	include criteria to encourage the preservation of
6	recreational and commercial working waterfronts; including
7	public access to waterways within those items indicated in
8	a recreation and open space element; amending s. 163.3178,
9	F.S.; providing requirements for the shoreline use
10	component of a coastal management element with respect to
11	recreational and commercial working waterfronts; amending
12	s. 163.3187, F.S.; including areas designated as rural
13	areas of critical economic concern in an exemption for
14	certain small scale amendments from a limit on the
15	frequency of amendments to the comprehensive plan of a
16	county or a municipality; increasing various acreage
17	limitations governing eligibility for such exemption for a
18	small scale amendment within such an area; requiring
19	certification of the amendment to the Office of Tourism,
20	Trade, and Economic Development; requiring public review
21	of certain property; amending s. 163.3246, F.S.; revising
22	provisions for the local government comprehensive planning
23	certification program; providing for certain
24	municipalities to be considered certified; requiring the
25	state land planning agency to provide a written notice of
26	certification; specifying components of such notice;
27	requiring local governments to submit monitoring reports
28	to the state land planning agency; providing exemptions
29	from certain development-of-regional-impact reviews;
30	amending s. 253.002, F.S.; removing an obsolete reference;
31	revising the responsibilities of the Department of
32	Agriculture and Consumer Services for aquaculture
33	activities; amending s. 253.03, F.S.; requiring the Board
34	of Trustees of the Internal Improvement Trust Fund to
35	encourage certain uses for sovereign submerged lands;
36	amending s. 253.67, F.S.; clarifying the definition of
37	"aquaculture"; amending s. 253.68, F.S.; providing
38	authority to the board for certain aquaculture activities;
39	providing a definition; requiring the board to establish
40	certain guidelines by rule; amending s. 253.74, F.S.;
41	providing penalties for certain unauthorized aquaculture
42	activities; amending s. 253.75, F.S.; revising the
43	responsibilities of the board with regard to certain
44	aquaculture activities; establishing the Waterfronts
45	Florida Program within the Department of Community
46	Affairs; providing definitions; requiring that the program
47	implement the Waterfronts Florida Partnership Program in
48	coordination with the Department of Environmental
49	Protection; authorizing the Department of Community
50	Affairs to provide financial assistance to certain local
51	governments; requiring the Department of Environmental
52	Protection and water management districts to adopt
53	programs to expedite the processing of permits for certain
54	projects; requiring the Department of Environmental
55	Protection, in coordination with the Fish and Wildlife
56	Conservation Commission, to study the use of state parks
57	for recreational boating; requiring that the department
58	make recommendations to the Governor and the Legislature;
59	amending s. 328.72, F.S.; revising the distribution of
60	vessel registration fees; providing for a portion of the
61	fees to be designated for certain trust funds; providing
62	for a grant program for public launching facilities;
63	providing priority consideration for certain counties;
64	requiring certain counties to provide an annual report to
65	the Fish and Wildlife Conservation Commission; requiring
66	the commission to provide exemptions for certain counties;
67	creating s. 342.07, F.S.; enunciating the state's interest
68	in maintaining recreational and commercial working
69	waterfronts; defining the term "recreational and
70	commercial working waterfront"; creating ss. 197.303-
71	197.3047, F.S.; authorizing county commissions to adopt
72	tax deferral ordinances for recreational and commercial
73	working waterfront properties; requiring bonding periods
74	effective prior the deferral to remain in effect for
75	certain properties; providing requirements for deferral
76	notification and application for certain properties;
77	providing a tax deferral for ad valorem taxes and non-ad
78	valorem assessments authorized to be deferred by ordinance
79	and levied on recreational and commercial working
80	waterfronts; providing certain exceptions; specifying the
81	rate of the deferral; providing that the taxes,
82	assessments, and interest deferred constitute a prior lien
83	on the property; providing an application process;
84	providing notice requirements; providing for a decision of
85	the tax collector to be appealed to the value adjustment
86	board; providing for calculating the deferral; providing
87	requirements for deferred payment tax certificates;
88	providing for the deferral to cease under certain
89	circumstances; requiring notice to the tax collector;
90	requiring payment of deferred taxes, assessments, and
91	interest under certain circumstances; authorizing
92	specified parties to make a prepayment of deferred taxes;
93	providing for distribution of payments; providing for
94	construction of provisions authorizing the deferments;
95	providing penalties; providing for a penalty to be
96	appealed to the value adjustment board; providing an
97	effective date.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Paragraphs (a) and (e) of subsection (6) of
102	section 163.3177, Florida Statutes, are amended to read:
103	163.3177  Required and optional elements of comprehensive
104	plan; studies and surveys.--
105	(6)  In addition to the requirements of subsections
106	(1)-(5), the comprehensive plan shall include the following
107	elements:
108	(a)  A future land use plan element designating proposed
109	future general distribution, location, and extent of the uses of
110	land for residential uses, commercial uses, industry,
111	agriculture, recreation, conservation, education, public
112	buildings and grounds, other public facilities, and other
113	categories of the public and private uses of land. Counties are
114	encouraged to designate rural land stewardship areas, pursuant
115	to the provisions of paragraph (11)(d), as overlays on the
116	future land use map. Each future land use category must be
117	defined in terms of uses included, and must include standards to
118	be followed in the control and distribution of population
119	densities and building and structure intensities. The proposed
120	distribution, location, and extent of the various categories of
121	land use shall be shown on a land use map or map series which
122	shall be supplemented by goals, policies, and measurable
123	objectives. The future land use plan shall be based upon
124	surveys, studies, and data regarding the area, including the
125	amount of land required to accommodate anticipated growth; the
126	projected population of the area; the character of undeveloped
127	land; the availability of public services; the need for
128	redevelopment, including the renewal of blighted areas and the
129	elimination of nonconforming uses which are inconsistent with
130	the character of the community; the compatibility of uses on
131	lands adjacent to or closely proximate to military
132	installations; and, in rural communities, the need for job
133	creation, capital investment, and economic development that will
134	strengthen and diversify the community's economy. The future
135	land use plan may designate areas for future planned development
136	use involving combinations of types of uses for which special
137	regulations may be necessary to ensure development in accord
138	with the principles and standards of the comprehensive plan and
139	this act. The future land use plan element shall include
140	criteria to be used to achieve the compatibility of adjacent or
141	closely proximate lands with military installations. In
142	addition, for rural communities, the amount of land designated
143	for future planned industrial use shall be based upon surveys
144	and studies that reflect the need for job creation, capital
145	investment, and the necessity to strengthen and diversify the
146	local economies, and shall not be limited solely by the
147	projected population of the rural community. The future land use
148	plan of a county may also designate areas for possible future
149	municipal incorporation. The land use maps or map series shall
150	generally identify and depict historic district boundaries and
151	shall designate historically significant properties meriting
152	protection. For coastal counties, the future land use element
153	must include, without limitation, regulatory incentives and
154	criteria that encourage the preservation of recreational and
155	commercial working waterfronts as defined in s. 342.07. The
156	future land use element must clearly identify the land use
157	categories in which public schools are an allowable use. When
158	delineating the land use categories in which public schools are
159	an allowable use, a local government shall include in the
160	categories sufficient land proximate to residential development
161	to meet the projected needs for schools in coordination with
162	public school boards and may establish differing criteria for
163	schools of different type or size. Each local government shall
164	include lands contiguous to existing school sites, to the
165	maximum extent possible, within the land use categories in which
166	public schools are an allowable use. All comprehensive plans
167	must comply with the school siting requirements of this
168	paragraph no later than October 1, 1999. The failure by a local
169	government to comply with these school siting requirements by
170	October 1, 1999, will result in the prohibition of the local
171	government's ability to amend the local comprehensive plan,
172	except for plan amendments described in s. 163.3187(1)(b), until
173	the school siting requirements are met. Amendments proposed by a
174	local government for purposes of identifying the land use
175	categories in which public schools are an allowable use or for
176	adopting or amending the school-siting maps pursuant to s.
177	163.31776(3) are exempt from the limitation on the frequency of
178	plan amendments contained in s. 163.3187. The future land use
179	element shall include criteria that encourage the location of
180	schools proximate to urban residential areas to the extent
181	possible and shall require that the local government seek to
182	collocate public facilities, such as parks, libraries, and
183	community centers, with schools to the extent possible and to
184	encourage the use of elementary schools as focal points for
185	neighborhoods. For schools serving predominantly rural counties,
186	defined as a county with a population of 100,000 or fewer, an
187	agricultural land use category shall be eligible for the
188	location of public school facilities if the local comprehensive
189	plan contains school siting criteria and the location is
190	consistent with such criteria. Local governments required to
191	update or amend their comprehensive plan to include criteria and
192	address compatibility of adjacent or closely proximate lands
193	with existing military installations in their future land use
194	plan element shall transmit the update or amendment to the
195	department by June 30, 2006.
196	(e)  A recreation and open space element indicating a
197	comprehensive system of public and private sites for recreation,
198	including, but not limited to, natural reservations, parks and
199	playgrounds, parkways, beaches and public access to beaches,
200	open spaces, waterways, and other recreational facilities.
201	Section 2.  Paragraph (g) of subsection (2) of section
202	163.3178, Florida Statutes, is amended to read:
203	163.3178  Coastal management.--
204	(2)  Each coastal management element required by s.
205	163.3177(6)(g) shall be based on studies, surveys, and data; be
206	consistent with coastal resource plans prepared and adopted
207	pursuant to general or special law; and contain:
208	(g)  A shoreline use component that which identifies public
209	access to beach and shoreline areas and addresses the need for
210	water-dependent and water-related facilities, including marinas,
211	along shoreline areas. Such component must include the
212	strategies that will be used to preserve recreational and
213	commercial working waterfronts as defined in s. 342.07.
214	Section 3.  Paragraph (c) of subsection (1) of section
215	163.3187, Florida Statutes, is amended, and paragraph (o) is
216	added to said subsection, to read:
217	163.3187  Amendment of adopted comprehensive plan.--
218	(1)  Amendments to comprehensive plans adopted pursuant to
219	this part may be made not more than two times during any
220	calendar year, except:
221	(c)  Any local government comprehensive plan amendments
222	directly related to proposed small scale development activities
223	may be approved without regard to statutory limits on the
224	frequency of consideration of amendments to the local
225	comprehensive plan. A small scale development amendment may be
226	adopted only under the following conditions:
227	1.  The proposed amendment involves a use of 10 acres or
228	fewer and:
229	a.  The cumulative annual effect of the acreage for all
230	small scale development amendments adopted by the local
231	government shall not exceed:
232	(I)  A maximum of 120 acres in a local government that
233	contains areas specifically designated in the local
234	comprehensive plan for urban infill, urban redevelopment, or
235	downtown revitalization as defined in s. 163.3164, urban infill
236	and redevelopment areas designated under s. 163.2517, areas
237	designated by the Governor as rural areas of critical economic
238	concern under s. 288.0656(7), transportation concurrency
239	exception areas approved pursuant to s. 163.3180(5), or regional
240	activity centers and urban central business districts approved
241	pursuant to s. 380.06(2)(e); however, amendments under this
242	paragraph may be applied to no more than 60 acres annually of
243	property outside the designated areas listed in this sub-sub-
244	subparagraph. Amendments adopted pursuant to paragraph (k) shall
245	not be counted toward the acreage limitations for small scale
246	amendments under this paragraph.
247	(II)  A maximum of 80 acres in a local government that does
248	not contain any of the designated areas set forth in sub-sub-
249	subparagraph (I).
250	(III)  A maximum of 120 acres in a county established
251	pursuant to s. 9, Art. VIII of the State Constitution.
252	b.  The proposed amendment does not involve the same
253	property granted a change within the prior 12 months.
254	c.  The proposed amendment does not involve the same
255	owner's property within 200 feet of property granted a change
256	within the prior 12 months.
257	d.  The proposed amendment does not involve a text change
258	to the goals, policies, and objectives of the local government's
259	comprehensive plan, but only proposes a land use change to the
260	future land use map for a site-specific small scale development
261	activity.
262	e.  The property that is the subject of the proposed
263	amendment is not located within an area of critical state
264	concern, unless the project subject to the proposed amendment
265	involves the construction of affordable housing units meeting
266	the criteria of s. 420.0004(3), and is located within an area of
267	critical state concern designated by s. 380.0552 or by the
268	Administration Commission pursuant to s. 380.05(1). Such
269	amendment is not subject to the density limitations of sub-
270	subparagraph f., and shall be reviewed by the state land
271	planning agency for consistency with the principles for guiding
272	development applicable to the area of critical state concern
273	where the amendment is located and shall not become effective
274	until a final order is issued under s. 380.05(6).
275	f.  If the proposed amendment involves a residential land
276	use, the residential land use has a density of 10 units or less
277	per acre, or the proposed future land use category allows a
278	maximum residential density of the same or less than the maximum
279	residential density allowable under the existing future land use
280	category, except that this limitation does not apply to small
281	scale amendments described in sub-sub-subparagraph a.(I) that
282	are designated in the local comprehensive plan for urban infill,
283	urban redevelopment, or downtown revitalization as defined in s.
284	163.3164, urban infill and redevelopment areas designated under
285	s. 163.2517, transportation concurrency exception areas approved
286	pursuant to s. 163.3180(5), or regional activity centers and
287	urban central business districts approved pursuant to s.
288	380.06(2)(e).
289	2.a.  A local government that proposes to consider a plan
290	amendment pursuant to this paragraph is not required to comply
291	with the procedures and public notice requirements of s.
292	163.3184(15)(c) for such plan amendments if the local government
293	complies with the provisions in s. 125.66(4)(a) for a county or
294	in s. 166.041(3)(c) for a municipality. If a request for a plan
295	amendment under this paragraph is initiated by other than the
296	local government, public notice is required.
297	b.  The local government shall send copies of the notice
298	and amendment to the state land planning agency, the regional
299	planning council, and any other person or entity requesting a
300	copy. This information shall also include a statement
301	identifying any property subject to the amendment that is
302	located within a coastal high hazard area as identified in the
303	local comprehensive plan.
304	3.  Small scale development amendments adopted pursuant to
305	this paragraph require only one public hearing before the
306	governing board, which shall be an adoption hearing as described
307	in s. 163.3184(7), and are not subject to the requirements of s.
308	163.3184(3)-(6) unless the local government elects to have them
309	subject to those requirements.
310	4.  If the small scale development amendment involves a
311	site within an area that is designated by the Governor as a
312	rural area of critical economic concern under s. 288.0656(7),
313	for the duration of such designation, sub-subparagraph 1.c.
314	shall not apply and the 10-acre limit listed in subparagraph 1.
315	shall be increased by 100 percent to 20 acres. The local
316	government approving the small scale plan amendment shall
317	certify to the Office of Tourism, Trade, and Economic
318	Development that the plan amendment furthers the economic
319	objectives set forth in the executive order issued under s.
320	288.0656(7), and the property subject to the plan amendment
321	shall undergo public review to ensure that all concurrency
322	requirements and federal, state, and local environmental permit
323	requirements are met.
324	(o)  A comprehensive plan amendment that is submitted by an
325	area designated by the Governor as a rural area of critical
326	economic concern under s. 288.0656(7) and that meets the
327	economic development objectives may be approved without regard
328	to the statutory limits on the frequency of adoption of
329	amendments to the comprehensive plan.
330	Section 4.  Subsections (10), (11), and (12) of section
331	163.3246, Florida Statutes, are renumbered as subsections (12),
332	(13), and (14), respectively, and new subsections (10) and (11)
333	are added to said section to read:
334	163.3246  Local government comprehensive planning
335	certification program.--
336	(10)  Notwithstanding subsections (2), (4), (5), (6), and
337	(7), any municipality designated as a rural area of critical
338	economic concern pursuant to s. 288.0656 that is located within
339	a county eligible to levy the Small County Surtax under s.
340	212.055(3) shall be considered certified during the
341	effectiveness of the designation of rural area of critical
342	economic concern. The state land planning agency shall provide a
343	written notice of certification to the local government of the
344	certified area, which shall be considered final agency action
345	subject to challenge under s. 120.569. The notice of
346	certification shall include the following components:
347	(a)  The boundary of the certification area.
348	(b)  A requirement that the local government submit either
349	an annual or biennial monitoring report to the state land
350	planning agency according to the schedule provided in the
351	written notice. The monitoring report shall, at a minimum,
352	include the number of amendments to the comprehensive plan
353	adopted by the local government, the number of plan amendments
354	challenged by an affected person, and the disposition of those
355	challenges.
356	(11)  If the local government of an area described in
357	subsection (10) does not request that the state land planning
358	agency review the developments of regional impact that are
359	proposed within the certified area, an application for approval
360	of a development order within the certified area shall be exempt
361	from review under s. 380.06, subject to the following:
362	(a)  Concurrent with filing an application for development
363	approval with the local government, a developer proposing a
364	project that would have been subject to review pursuant to s.
365	380.06 shall notify in writing the regional planning council
366	with jurisdiction.
367	(b)  The regional planning council shall coordinate with
368	the developer and the local government to ensure all concurrency
369	requirements as well as federal, state, and local environmental
370	permit requirements are met.
371	Section 5.  Subsection (1) of section 253.002, Florida
372	Statutes, is amended to read:
373	253.002  Department of Environmental Protection, water
374	management districts, and Department of Agriculture and Consumer
375	Services; duties with respect to state lands.--
376	(1)  The Department of Environmental Protection shall
377	perform all staff duties and functions related to the
378	acquisition, administration, and disposition of state lands,
379	title to which is or will be vested in the Board of Trustees of
380	the Internal Improvement Trust Fund. However, upon the effective
381	date of rules adopted pursuant to s. 373.427, a water management
382	district created under s. 373.069 shall perform the staff duties
383	and functions related to the review of any application for
384	authorization to use board of trustees-owned submerged lands
385	necessary for an activity regulated under part IV of chapter 373
386	for which the water management district has permitting
387	responsibility as set forth in an operating agreement adopted
388	pursuant to s. 373.046(4); and effective July 1, 2000, the
389	Department of Agriculture and Consumer Services shall perform
390	the staff duties and functions related to the review of
391	applications and compliance with lease conditions for use of
392	board of trustees-owned submerged lands under authorizations or
393	leases issued pursuant to ss. 253.67-253.75 and 597.010. Unless
394	expressly prohibited by law, the board of trustees may delegate
395	to the department any statutory duty or obligation relating to
396	the acquisition, administration, or disposition of lands, title
397	to which is or will be vested in the board of trustees. The
398	board of trustees may also delegate to any water management
399	district created under s. 373.069 the authority to take final
400	agency action, without any action on behalf of the board, on
401	applications for authorization to use board of trustees-owned
402	submerged lands for any activity regulated under part IV of
403	chapter 373 for which the water management district has
404	permitting responsibility as set forth in an operating agreement
405	adopted pursuant to s. 373.046(4). This water management
406	district responsibility under this subsection shall be subject
407	to the department's general supervisory authority pursuant to s.
408	373.026(7). The board of trustees may also delegate to the
409	Department of Agriculture and Consumer Services the authority to
410	take final agency action on behalf of the board on applications
411	to use board of trustees-owned submerged lands for any activity
412	for which that department has responsibility pursuant to ss.
413	253.67-253.75 and 597.010. However, the board of trustees shall
414	retain the authority to take final agency action on establishing
415	any areas for leasing, new leases, expanding existing lease
416	areas, or changing the type of lease activity in existing
417	leases. Upon issuance of an aquaculture lease or other real
418	property transaction relating to aquaculture, the Department of
419	Agriculture and Consumer Services must send a copy of the
420	document and the accompanying survey to the Department of
421	Environmental Protection.
422	Section 6.  Subsection (15) of section 253.03, Florida
423	Statutes, is renumbered as subsection (16), and a new subsection
424	(15) is added to said section to read:
425	253.03  Board of trustees to administer state lands; lands
426	enumerated.--
427	(15)  The Board of Trustees of the Internal Improvement
428	Trust Fund shall encourage the use of sovereign submerged lands
429	for water-dependent uses and public access.
430	Section 7.  Subsection (1) of section 253.67, Florida
431	Statutes, is amended to read:
432	253.67  Definitions.--As used in ss. 253.67-253.75:
433	(1)  "Aquaculture" means the cultivation of aquatic
434	organisms and associated activities, including, but not limited
435	to, grading, sorting, transporting, harvesting, holding,
436	storing, growing, and planting.
437	Section 8.  Subsection (1) and paragraph (a) of subsection
438	(2) of section 253.68, Florida Statutes, are amended to read:
439	253.68  Authority to lease or use submerged lands land and
440	water column for aquaculture activities.--
441	(1)  To the extent that it is not contrary to the public
442	interest, and subject to limitations contained in ss. 253.67-
443	253.75, the board of trustees may lease or authorize the use of
444	submerged lands to which it has title for the conduct of
445	aquaculture activities and grant exclusive use of the bottom and
446	the water column to the extent required by such activities.
447	"Aquaculture activities" means any activities, as determined by
448	board rule, related to the production of aquacultural products,
449	including, but not limited to, producing, storing, handling,
450	grading, sorting, transporting, harvesting, and aquaculture
451	support docking. Such leases or authorizations may permit
452	authorize use of the submerged land and water column for either
453	commercial or experimental purposes. However, a resolution of
454	objection adopted by a majority of the county commission of a
455	county within whose boundaries the proposed leased area would
456	lie, if the boundaries were extended to the extent of the
457	interest of the state, may be filed with the board of trustees
458	within 30 days of the date of the first publication of notice as
459	required by s. 253.70. Prior to the granting of any such leases
460	or authorizations, the board shall by rule establish and publish
461	a list of guidelines to be followed when considering
462	applications for lease or authorization. Such guidelines shall
463	be designed to protect the public's interest in submerged lands
464	and the publicly owned water column.
465	(2)(a)  The Legislature finds that the state's ability to
466	supply fresh seafood and other aquaculture products has been
467	diminished by a combination of factors, including a diminution
468	of the resources and restrictions on the harvest of certain
469	marine species. The Legislature declares that it is in the
470	state's economic, resource enhancement, and food production
471	interests to promote aquaculture production of food and nonfood
472	aquatic species by facilitating the review and approval
473	processes for authorizing the use of leasing sovereignty
474	submerged land or the water column; simplifying environmental
475	permitting; supporting educational, research, and demonstration
476	programs; and assisting certain local governments to develop
477	aquaculture as a means to promote economic development. The
478	Legislature declares that aquaculture shall be recognized as a
479	practicable resource management alternative to produce marine
480	aquaculture products, to protect and conserve natural resources,
481	to reduce competition for natural stocks, and to augment and
482	restore natural populations. Therefore, for the purpose of this
483	section, the Legislature declares that aquaculture is in the
484	public interest.
485	Section 9.  Section 253.74, Florida Statutes, is amended to
486	read:
487	253.74  Penalties.--
488	(1)  Any person who conducts aquaculture activities in
489	excess of those authorized by lease agreement with the board or
490	who conducts such activities on state-owned submerged lands
491	without having previously obtained an authorization from the
492	board commits leased the same shall be guilty of a misdemeanor
493	and shall be subject to imprisonment for not more than 6 months
494	or fine of not more than $1,000, or both. In addition to such
495	fine and imprisonment, all works, improvements, animal and plant
496	life involved in the project, may be forfeited to the state.
497	(2)  Any person who is found by the department to have
498	violated the provisions of chapter 403 or chapter 597 shall be
499	subject to having his or her lease of state-owned submerged
500	lands canceled.
501	Section 10.  Subsection (1) of section 253.75, Florida
502	Statutes, is amended to read:
503	253.75  Studies and recommendations by the department and
504	the Fish and Wildlife Conservation Commission; designation of
505	recommended traditional and other use zones; supervision of
506	aquaculture operations.--
507	(1)  Prior to the granting of any form of authorization
508	lease under this act, the board shall request comments by the
509	Fish and Wildlife Conservation Commission when the application
510	relates to bottom land covered by fresh or salt water. Such
511	comments shall be based on such factors as an assessment of the
512	probable effect of the proposed use lease on the conservation of
513	fish or wildlife or other programs under the constitutional or
514	statutory authority of the Fish and Wildlife Conservation
515	Commission.
516	Section 11.  Waterfronts Florida Program.--
517	(1)  There is established within the Department of
518	Community Affairs the Waterfronts Florida Program to provide
519	technical assistance and support to communities in revitalizing
520	waterfront areas in this state.
521	(2)  As used in this section, the term:
522	(a)  "Waterfront community" means a municipality or county
523	that is required to prepare a coastal element for its local
524	government comprehensive plan.
525	(b)  "Recreational and commercial working waterfront" means
526	a parcel or parcels of real property that provide access for
527	water-dependent commercial activities or provide access for the
528	public to the navigable waters of the state. Recreational and
529	commercial working waterfronts require direct access to or a
530	location on, over, or adjacent to a navigable body of water. The
531	term includes water-dependent facilities that are open to the
532	public and offer public access by vessels to the waters of the
533	state or that are support facilities for recreational,
534	commercial, research, or governmental vessels. These facilities
535	include docks, wharfs, lifts, wet and dry marinas, boat ramps,
536	boat hauling and repair facilities, commercial fishing
537	facilities, boat construction facilities, and other support
538	structures over the water.
539	(3)  The purpose of this program is to provide technical
540	assistance, support, training, and financial assistance to
541	waterfront communities in their efforts to revitalize waterfront
542	areas. The program shall direct its efforts on the following
543	priority concerns:
544	(a)  Protecting environmental and cultural resources;
545	(b)  Providing public access;
546	(c)  Mitigating hazards; and
547	(d)  Enhancing the viable traditional economy.
548	(4)  The program is responsible for:
549	(a)  Implementing the Waterfronts Florida Partnership
550	Program. The department, in coordination with the Department of
551	Environmental Protection, shall develop procedures and
552	requirements governing program eligibility, application
553	procedures, and application review. The department may provide
554	financial assistance to eligible local governments to develop
555	local plans to further the purpose of the program. In
556	recognition of limited funding, the department may limit the
557	number of local governments assisted by the program based on the
558	amount of funding appropriated to the department for the purpose
559	of the program.
560	(b)  Serving as a source for information and technical
561	assistance for Florida's waterfront communities in preserving
562	traditional recreational and commercial working waterfronts.
563	Section 12.  The Department of Environmental Protection
564	and, as appropriate, the water management districts created by
565	chapter 373, Florida Statutes, shall adopt programs to expedite
566	the processing of wetland resource and environmental resource
567	permits for marina projects that reserve at least 10 percent of
568	available boat slips for public use.
569	Section 13.  The Department of Environmental Protection, in
570	coordination with the Fish and Wildlife Conservation Commission,
571	shall undertake a study evaluating the current use of state
572	parks for purposes of recreational boating and identify
573	opportunities for increasing recreational boating access within
574	the state park system. The study must include recommendations
575	regarding the most appropriate locations for expanding existing
576	recreational boating access and must identify state parks where
577	new recreational boating access may be located. The environment
578	and wildlife values shall be taken into consideration but shall
579	not dictate the final outcome. The report must contain estimates
580	of the costs necessary to expand and construct additional
581	recreational boating facilities at specific state parks. The
582	department shall submit a report summarizing its findings and
583	recommendations to the Governor, the President of the Senate,
584	and the Speaker of the House of Representatives by January 1,
585	2006.
586	Section 14.  Subsection (15) of section 328.72, Florida
587	Statutes, is amended to read:
588	328.72  Classification; registration; fees and charges;
589	surcharge; disposition of fees; fines; marine turtle stickers.--
590	(15)  DISTRIBUTION OF FEES.--Except for the first $2, $1
591	of, which shall be remitted to the state for deposit into the
592	Save the Manatee Trust Fund created within the Fish and Wildlife
593	Conservation Commission and $1 of which shall be remitted to the
594	state for deposit into the Marine Resources Conservation Trust
595	Fund to fund a grant program for public launching facilities,
596	pursuant to s. 327.47, giving priority consideration to counties
597	with more than 35,000 registered vessels., Moneys designated for
598	the use of the counties, as specified in subsection (1), shall
599	be distributed by the tax collector to the board of county
600	commissioners for use as provided in this section. Such moneys
601	to be returned to the counties are for the sole purposes of
602	providing recreational channel marking and public launching
603	facilities and other boating-related activities, for removal of
604	vessels and floating structures deemed a hazard to public safety
605	and health for failure to comply with s. 327.53, and for manatee
606	and marine mammal protection and recovery. Counties that
607	demonstrate through an annual detailed accounting report of
608	vessel registration revenues that at least $1 of the
609	registration fees were spent on boating infrastructure shall
610	only be required to transfer the first $1 of the fees to the
611	Save the Manatee Trust Fund. This report shall be provided to
612	the Fish and Wildlife Conservation Commission no later than
613	November 1 of each year. The commission shall provide an
614	exemption letter to the department by December 15 of each year
615	for qualifying counties.
616	Section 15.  Section 342.07, Florida Statutes, is created
617	to read:
618	342.07  Recreational and commercial working waterfronts;
619	legislative findings; definitions.--
620	(1)  The Legislature recognizes that there is an important
621	state interest in facilitating boating access to the state's
622	navigable waters. This access is vital to recreational users and
623	the marine industry in the state, to maintaining or enhancing
624	the $14 billion economic impact of boating in the state, and to
625	ensuring continued access to all residents and visitors to the
626	navigable waters of the state. The Legislature recognizes that
627	there is an important state interest in maintaining viable
628	water-dependent support facilities, such as boat hauling and
629	repairing and commercial fishing facilities, and in maintaining
630	the availability of public access to the navigable waters of the
631	state. The Legislature further recognizes that the waterways of
632	the state are important for engaging in commerce and the
633	transportation of goods and people upon such waterways and that
634	such commerce and transportation is not feasible unless there is
635	access to and from the navigable waters of the state through
636	recreational and commercial working waterfronts.
637	(2)  As used in this section, the term "recreational and
638	commercial working waterfront" means a parcel or parcels of real
639	property that provide access for water-dependent commercial
640	activities or provide access for the public to the navigable
641	waters of the state. Recreational and commercial working
642	waterfronts require direct access to or a location on, over, or
643	adjacent to a navigable body of water. The term includes water-
644	dependent facilities that are open to the public and offer
645	public access by vessels to the waters of the state or that are
646	support facilities for recreational, commercial, research, or
647	governmental vessels. These facilities include docks, wharfs,
648	lifts, wet and dry marinas, boat ramps, boat hauling and repair
649	facilities, commercial fishing facilities, boat construction
650	facilities, and other support structures over the water. As used
651	in this section, the term "vessel" has the same meaning as in s.
652	327.02(37). Seaports are excluded from the definition.
653	Section 16.  Sections 197.303, 197.304, 197.3041, 197.3042,
654	197.3043, 197.3044, 197.3045, 197.3046, and 197.3047, Florida
655	Statutes, are created to read:
656	197.303  Ad valorem tax deferral for recreational and
657	commercial working waterfront properties.--
658	(1)  The board of county commissioners of any county or the
659	governing authority of any municipality may adopt an ordinance
660	to allow for ad valorem tax deferrals for recreational and
661	commercial working waterfront properties if the owners are
662	engaging in the operation, rehabilitation, or renovation of such
663	properties in accordance with guidelines established in this
664	section.
665	(2)  The board of county commissioners or the governing
666	authority of the municipality by ordinance may authorize the
667	deferral of ad valorem taxation and non-ad valorem assessments
668	for recreational and commercial working waterfront properties.
669	(3)  The ordinance shall designate the type and location of
670	working waterfront property for which deferrals may be granted,
671	which may include any property meeting the provisions of s.
672	342.07(2), which property may be further required to be located
673	within a particular geographic area or areas of the county or
674	municipality.
675	(4)  The ordinance must specify that such deferrals apply
676	only to taxes levied by the unit of government granting the
677	deferral. The deferrals do not apply, however, to taxes or non-
678	ad valorem assessments defined in s. 197.3632(1)(d) levied for
679	the payment of bonds or to taxes authorized by a vote of the
680	electors pursuant to s. 9(b) or s. 12, Art. VII of the State
681	Constitution.
682	(5)  The ordinance must specify that any deferral granted
683	remains in effect regardless of any change in the authority of
684	the county or municipality to grant the deferral. In order to
685	retain the deferral, however, the use and ownership of the
686	property as a working waterfront must be maintained over the
687	period for which the deferral is granted.
688	(6)(a)  If an application for deferral is granted on
689	property that is located in a community redevelopment area, the
690	amount of taxes eligible for deferral shall be reduced, as
691	provided for in paragraph (b), if:
692	1.  The community redevelopment agency has previously
693	issued instruments of indebtedness that are secured by increment
694	revenues on deposit in the community redevelopment trust fund;
695	and
696	2.  Those instruments of indebtedness are associated with
697	the real property applying for the deferral.
698	(b)  If the provisions of paragraph (a) apply, the tax
699	deferral shall not apply to an amount of taxes equal to the
700	amount that must be deposited into the community redevelopment
701	trust fund by the entity granting the deferral based upon the
702	taxable value of the property upon which the deferral is being
703	granted. Once all instruments of indebtedness that existed at
704	the time the deferral was originally granted are no longer
705	outstanding or have otherwise been defeased, the provisions of
706	this paragraph shall no longer apply.
707	(c)  If a portion of the taxes on a property were not
708	eligible for deferral because of the provisions of paragraph
709	(b), the community redevelopment agency shall notify the
710	property owner and the tax collector 1 year before the debt
711	instruments that prevented said taxes from being deferred are no
712	longer outstanding or otherwise defeased.
713	(d)  The tax collector shall notify a community
714	redevelopment agency of any tax deferral that has been granted
715	on property located within the community redevelopment area of
716	that agency.
717	(e)  Issuance of debt obligation after the date a deferral
718	has been granted shall not reduce the amount of taxes eligible
719	for deferral.
720	197.304  Tax deferral for recreational and commercial
721	working waterfronts.--
722	(1)  Any property owner in a jurisdiction that has adopted
723	a tax deferral ordinance pursuant to s. 197.303 that owns a
724	recreational and commercial working waterfront facility as
725	defined in s. 342.07 may elect to defer payment of those ad
726	valorem taxes and non-ad valorem assessments designated in the
727	ordinance authorizing the deferral by filing an annual
728	application for tax deferral with the county tax collector on or
729	before January 31 following the year in which the taxes and non-
730	ad valorem assessments are assessed. The applicant has the
731	burden to affirmatively demonstrate compliance with the
732	requirements of this section.
733	(2)  Approval of an application for tax deferral shall
734	defer that portion of the combined total of ad valorem taxes and
735	any non-ad valorem assessments that are authorized to be
736	deferred by the ordinance authorizing the deferral.
737	(3)  A tax deferral may not be granted if:
738	(a)  The total amount of deferred taxes, non-ad valorem
739	assessments, and interest plus the total amount of all other
740	unsatisfied liens on the property exceeds 85 percent of the
741	assessed value of the property; or
742	(b)  The primary financing on the property is for an amount
743	that exceeds 70 percent of the assessed value of the property.
744	(4)  The amount of taxes, non-ad valorem assessments, and
745	interest deferred shall accrue interest at a rate equal to the
746	semiannually compounded rate of one-half of 1 percent plus the
747	average yield to maturity of the long-term fixed-income portion
748	of the Florida Retirement System investments as of the end of
749	the quarter preceding the date of the sale of the deferred
750	payment tax certificates; however, the interest rate may not
751	exceed 9.5 percent.
752	(5)  The taxes, non-ad valorem assessments, and interest
753	deferred pursuant to this section constitute a prior lien and
754	shall attach as of the date and in the same manner and be
755	collected as other liens for taxes, as provided for under this
756	chapter, but such deferred taxes, non-ad valorem assessments,
757	and interest shall only be due, payable, and delinquent as
758	provided in ss. 197.303-197.3047.
759	197.3041  Tax deferral for recreational and commercial
760	working waterfronts; application.--
761	(1)  The application for deferral must be made annually
762	upon a form prescribed by the department and furnished by the
763	county tax collector. The application form must be signed upon
764	oath by the applicant before an officer authorized by the state
765	to administer oaths. The tax collector may require the applicant
766	to submit any other evidence and documentation as deemed
767	necessary by the tax collector in considering the application.
768	The application form must provide notice to the applicant of the
769	manner in which interest is computed. Each application form must
770	contain an explanation of the conditions to be met for approval
771	and the conditions under which deferred taxes and interest
772	become due, payable, and delinquent. Each application must
773	clearly state that all deferrals pursuant to ss. 197.303-
774	197.3047 constitute a lien on the applicant's property.
775	(2)(a)  The tax collector shall consider and render his or
776	her findings, determinations, and decision on each annual
777	application for a tax deferral for recreational and commercial
778	working waterfronts within 45 days after the date the
779	application is filed. The tax collector shall exercise
780	reasonable discretion based upon applicable information
781	available under this section. The determinations and findings of
782	the tax collector as provided for in this paragraph are not
783	quasi judicial and are subject exclusively to review by the
784	value adjustment board as provided by this section. A tax
785	collector who finds that the applicant is entitled to the tax
786	deferral shall approve the application and file the application
787	in the permanent records. A tax collector who finds that the
788	applicant is not entitled to the deferral shall send a notice of
789	disapproval within 45 days after the date the application is
790	filed, giving reasons for the disapproval to the applicant. The
791	notice must be sent by personal delivery or registered mail to
792	the mailing address given by the applicant in the manner in
793	which the original notice thereof was served upon the applicant
794	and must be filed among the permanent records of the tax
795	collector's office. The original notice of disapproval sent to
796	the applicant shall advise the applicant of the right to appeal
797	the decision of the tax collector to the value adjustment board
798	and inform the applicant of the procedure for filing such an
799	appeal.
800	(b)  An appeal of the decision of the tax collector to the
801	value adjustment board must be in writing on a form prescribed
802	by the department and furnished by the tax collector. The appeal
803	must be filed with the value adjustment board within 20 days
804	after the applicant's receipt of the notice of disapproval, and
805	the board must approve or disapprove the appeal within 30 days
806	after receipt. The value adjustment board shall review the
807	application and the evidence presented to the tax collector upon
808	which the applicant based his or her claim for tax deferral and,
809	at the election of the applicant, shall hear the applicant in
810	person, or by agent on the applicant's behalf, on his or her
811	right to the tax deferral. The value adjustment board shall
812	reverse the decision of the tax collector and grant a tax
813	deferral to the applicant if, in its judgment, the applicant is
814	entitled to the tax deferral or shall affirm the decision of the
815	tax collector. Action by the value adjustment board is final
816	unless the applicant or tax collector or other lienholder,
817	within 15 days after the date of disapproval of the application
818	by the board, files in the circuit court of the county in which
819	the property is located a de novo proceeding for a declaratory
820	judgment or other appropriate proceeding.
821	(3)  Each application must contain a list of, and the
822	current value of, all outstanding liens on the applicant's
823	property.
824	(4)  For approved applications, the date of receipt by the
825	tax collector of the application for tax deferral shall be used
826	in calculating taxes due and payable net of discounts for early
827	payment.
828	(5)  If such proof has not been furnished with a prior
829	application, each applicant shall furnish proof of fire and
830	extended coverage insurance in an amount that is in excess of
831	the sum of all outstanding liens and deferred taxes and interest
832	with a loss payable clause to the county tax collector.
833	(6)  The tax collector shall notify the property appraiser
834	in writing of those parcels for which taxes have been deferred.
835	(7)  The property appraiser shall promptly notify the tax
836	collector of changes in ownership or use of properties that have
837	been granted a tax deferral.
838	197.3042  Deferred payment tax certificates.--
839	(1)  The tax collector shall notify each local governing
840	body of the amount of taxes and non-ad valorem assessments
841	deferred which would otherwise have been collected for such
842	governing body. The county shall then, at the time of the tax
843	certificate sale held pursuant to s. 197.432, strike each
844	certificate off to the county. Certificates issued pursuant to
845	this section are exempt from the public sale of tax certificates
846	held pursuant to s. 197.432.
847	(2)  The certificates so held by the county shall bear
848	interest at a rate equal to the semiannually compounded rate of
849	0.5 percent plus the average yield to maturity of the long-term
850	fixed-income portion of the Florida Retirement System
851	investments as of the end of the quarter preceding the date of
852	the sale of the deferred payment tax certificates; however, the
853	interest rate may not exceed 9.5 percent.
854	197.3043  Change in use or ownership of property.--
855	(1)  If there is a change in use or ownership of the
856	tax-deferred property such that the owner is no longer entitled
857	to claim the property as a recreational or commercial working
858	waterfront facility, or there is a change in the legal or
859	beneficial ownership of the property, or the owner fails to
860	maintain the required fire and extended insurance coverage, the
861	total amount of deferred taxes and interest for all previous
862	years becomes due and payable November 1 of the year in which
863	the change in use or ownership occurs or on the date failure to
864	maintain insurance occurs, and is delinquent on April 1 of the
865	year following the year in which the change in use or ownership
866	or failure to maintain insurance occurs.
867	(2)  Whenever the property appraiser discovers that there
868	has been a change in the use or ownership of the property that
869	has been granted a tax deferral, the property appraiser shall
870	notify the tax collector in writing of the date such change
871	occurs, and the tax collector shall collect any taxes and
872	interest due or delinquent.
873	(3)  During any year in which the total amount of deferred
874	taxes, interest, and all other unsatisfied liens on the property
875	exceeds 85 percent of the assessed value of the property, the
876	tax collector shall immediately notify the owner of the property
877	on which taxes and interest have been deferred that the portion
878	of taxes and interest which exceeds 85 percent of the assessed
879	value of the property is due and payable within 30 days after
880	receipt of the notice. Failure to pay the amount due shall cause
881	the total amount of deferred taxes and interest to become
882	delinquent.
883	(4)  If deferred taxes become delinquent under this
884	chapter, on or before June 1 following the date the taxes become
885	delinquent, the tax collector shall sell a tax certificate for
886	the delinquent taxes and interest in the manner provided by s.
887	197.432.
888	197.3044  Prepayment of deferred taxes.--
889	(1)  All or part of the deferred taxes and accrued interest
890	may at any time be paid to the tax collector by:
891	(a)  The owner of the property.
892	(b)  The next of kin of the owner, heir of the owner, child
893	of the owner, or any person having or claiming a legal or
894	equitable interest in the property, if no objection is made by
895	the owner within 30 days after the tax collector notifies the
896	owner of the fact that such payment has been tendered.
897	(2)  Any partial payment made pursuant to this section
898	shall be applied first to accrued interest.
899	197.3045  Distribution of payments.--When any deferred
900	taxes or interest is collected, the tax collector shall maintain
901	a record of the payment, setting forth a description of the
902	property and the amount of taxes or interest collected for the
903	property. The tax collector shall distribute payments received
904	in accordance with the procedures for distributing ad valorem
905	taxes or redemption moneys as prescribed in this chapter.
906	197.3046  Construction.--Sections 197.303-197.3047 do not
907	prevent the collection of personal property taxes that become a
908	lien against tax-deferred property, defer payment of special
909	assessments to benefited property other than those specifically
910	allowed to be deferred, or affect any provision of any mortgage
911	or other instrument relating to property requiring a person to
912	pay ad valorem taxes or non-ad valorem assessments.
913	197.3047  Penalties.--
914	(1)  The following penalties shall be imposed on any person
915	who willfully files information required under ss. 197.303-
916	197.3047 which is incorrect:
917	(a)  The person shall pay the total amount of taxes and
918	interest deferred, which amount shall immediately become due;
919	(b)  The person shall be disqualified from filing a tax
920	deferral application for the next 3 years; and
921	(c)  The person shall pay a penalty of 25 percent of the
922	total amount of taxes and interest deferred.
923	(2)  Any person against whom the penalties prescribed in
924	this section have been imposed may appeal the penalties imposed
925	to the value adjustment board within 30 days after the penalties
926	are imposed.
927	Section 17.  This act shall take effect January 1, 2006.

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