| 1 | A bill to be entitled |
| 2 | An act relating to the City of Clearwater, Pinellas |
| 3 | County; ratifying certain uses of property granted to the |
| 4 | city by the state which were authorized by the city; |
| 5 | providing that certain uses of such property are |
| 6 | consistent with a grant made by the state; providing for |
| 7 | limited private use of certain undeveloped submerged |
| 8 | portions of the property if the city determines that the |
| 9 | use is consistent with the laws governing the management |
| 10 | of sovereignty submerged lands by the Board of Trustees of |
| 11 | the Internal Improvement Trust Fund; requiring the city to |
| 12 | use revenues from any such limited private use to fund |
| 13 | certain water-related activities; providing for a right of |
| 14 | reverter in the Board of Trustees of the Internal |
| 15 | Improvement Trust Fund; providing that the act does not |
| 16 | modify or supersede the city's charter concerning |
| 17 | waterfront property owned by the city; providing an |
| 18 | effective date. |
| 19 |
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| 20 | WHEREAS, the right-of-way for the causeway to Clearwater |
| 21 | Beach known as Memorial Causeway and certain adjacent submerged |
| 22 | lands was granted to the City of Clearwater under chapter 11050, |
| 23 | Laws of Florida, 1925, to be owned and maintained as provided in |
| 24 | the 1925 special act, and |
| 25 | WHEREAS, the 1925 special act limits the use of property |
| 26 | granted to public purposes and uses as specified in the act and |
| 27 | provides for reversion of such property to the state in |
| 28 | circumstances involving use of the property in a manner that is |
| 29 | inconsistent with those specifications, and |
| 30 | WHEREAS, chapter 86-345, Laws of Florida, released a |
| 31 | portion of the property granted by the 1925 special act from the |
| 32 | reverter in order to permit the development and maintenance of a |
| 33 | portion of the property as a marine science center as approved |
| 34 | by the city commission and electors of the City of Clearwater, |
| 35 | and |
| 36 | WHEREAS, the property granted by the 1925 special act now |
| 37 | consists of uplands and submerged lands adjacent to those |
| 38 | uplands, which have been developed for public purposes and uses, |
| 39 | plus additional submerged lands that are adjacent to the |
| 40 | developed uplands and that remain undeveloped, and |
| 41 | WHEREAS, the City of Clearwater wishes to make use of |
| 42 | portions of the undeveloped adjacent submerged lands for public |
| 43 | purposes and certain limited private uses as specified in this |
| 44 | act which are consistent with the laws and rules governing the |
| 45 | management of sovereignty submerged lands by the Board of |
| 46 | Trustees of the Internal Improvement Trust Fund, and |
| 47 | WHEREAS, the Board of Trustees of the Internal Improvement |
| 48 | Trust Fund and the City of Clearwater desire that the extent and |
| 49 | manner of the use of the adjacent portions of the submerged |
| 50 | lands be consistent with the use of other sovereignty submerged |
| 51 | lands of the state, NOW, THEREFORE, |
| 52 |
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| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
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| 55 | Section 1. Any use of the property described in chapter |
| 56 | 11050, Laws of Florida, 1925, and authorized by the City of |
| 57 | Clearwater on or before the effective date of this act is |
| 58 | ratified notwithstanding whether the use is for a public |
| 59 | purpose. In addition, any use of that portion of the property |
| 60 | described in chapter 86-345, Laws of Florida, which was |
| 61 | undertaken on or before the effective date of this act has been |
| 62 | and is consistent with the grant made in that act for the |
| 63 | purpose of developing and maintaining a marine science center. |
| 64 | Section 2. The City of Clearwater may authorize private |
| 65 | uses of the submerged portions of the property granted under |
| 66 | chapter 11050, Laws of Florida, 1925, which uses are in addition |
| 67 | to the other uses authorized under that act if the private uses |
| 68 | are consistent with the laws and rules governing the management |
| 69 | of the sovereignty submerged lands of this state by the Board of |
| 70 | Trustees of the Internal Improvement Trust Fund, including rules |
| 71 | of the board concerning private marinas and docking facilities. |
| 72 | A dock or mooring facility for a multifamily dwelling or a dock |
| 73 | for a single-family dwelling which is consistent with such laws |
| 74 | and rules does not violate this act. The City of Clearwater |
| 75 | shall use any revenue generated by authorizing any private use |
| 76 | of the submerged land to fund water-related activities for the |
| 77 | benefit of the public. |
| 78 | Section 3. If the Board of Trustees of the Internal |
| 79 | Improvement Trust Fund finds that any use of a portion of the |
| 80 | submerged lands granted under chapter 11050, Laws of Florida, |
| 81 | 1925, which was authorized by the City of Clearwater and not |
| 82 | ratified by Section 1 of this act is inconsistent with the laws |
| 83 | and rules governing the board's management of the state's |
| 84 | sovereignty submerged lands, that portion shall, notwithstanding |
| 85 | the 1925 special act, revert to the state to be held and managed |
| 86 | by the Board of Trustees of the Internal Improvement Trust Fund. |
| 87 | Section 4. This act does not modify or supersede any |
| 88 | provision of the Charter of the City of Clearwater concerning |
| 89 | use of waterfront property that is owned by the City of |
| 90 | Clearwater. |
| 91 | Section 5. This act shall take effect upon becoming a law. |