HB 1585

1
A bill to be entitled
2An act relating to the City of Clearwater, Pinellas
3County; ratifying certain uses of property granted to the
4city by the state which were authorized by the city;
5providing that certain uses of such property are
6consistent with a grant made by the state; providing for
7limited private use of certain undeveloped submerged
8portions of the property if the city determines that the
9use is consistent with the laws governing the management
10of sovereignty submerged lands by the Board of Trustees of
11the Internal Improvement Trust Fund; requiring the city to
12use revenues from any such limited private use to fund
13certain water-related activities; providing for a right of
14reverter in the Board of Trustees of the Internal
15Improvement Trust Fund; providing that the act does not
16modify or supersede the city's charter concerning
17waterfront property owned by the city; providing an
18effective date.
19
20     WHEREAS, the right-of-way for the causeway to Clearwater
21Beach known as Memorial Causeway and certain adjacent submerged
22lands was granted to the City of Clearwater under chapter 11050,
23Laws of Florida, 1925, to be owned and maintained as provided in
24the 1925 special act, and
25     WHEREAS, the 1925 special act limits the use of property
26granted to public purposes and uses as specified in the act and
27provides for reversion of such property to the state in
28circumstances involving use of the property in a manner that is
29inconsistent with those specifications, and
30     WHEREAS, chapter 86-345, Laws of Florida, released a
31portion of the property granted by the 1925 special act from the
32reverter in order to permit the development and maintenance of a
33portion of the property as a marine science center as approved
34by the city commission and electors of the City of Clearwater,
35and
36     WHEREAS, the property granted by the 1925 special act now
37consists of uplands and submerged lands adjacent to those
38uplands, which have been developed for public purposes and uses,
39plus additional submerged lands that are adjacent to the
40developed uplands and that remain undeveloped, and
41     WHEREAS, the City of Clearwater wishes to make use of
42portions of the undeveloped adjacent submerged lands for public
43purposes and certain limited private uses as specified in this
44act which are consistent with the laws and rules governing the
45management of sovereignty submerged lands by the Board of
46Trustees of the Internal Improvement Trust Fund, and
47     WHEREAS, the Board of Trustees of the Internal Improvement
48Trust Fund and the City of Clearwater desire that the extent and
49manner of the use of the adjacent portions of the submerged
50lands be consistent with the use of other sovereignty submerged
51lands of the state, NOW, THEREFORE,
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Any use of the property described in chapter
5611050, Laws of Florida, 1925, and authorized by the City of
57Clearwater on or before the effective date of this act is
58ratified notwithstanding whether the use is for a public
59purpose. In addition, any use of that portion of the property
60described in chapter 86-345, Laws of Florida, which was
61undertaken on or before the effective date of this act has been
62and is consistent with the grant made in that act for the
63purpose of developing and maintaining a marine science center.
64     Section 2.  The City of Clearwater may authorize private
65uses of the submerged portions of the property granted under
66chapter 11050, Laws of Florida, 1925, which uses are in addition
67to the other uses authorized under that act if the private uses
68are consistent with the laws and rules governing the management
69of the sovereignty submerged lands of this state by the Board of
70Trustees of the Internal Improvement Trust Fund, including rules
71of the board concerning private marinas and docking facilities.
72A dock or mooring facility for a multifamily dwelling or a dock
73for a single-family dwelling which is consistent with such laws
74and rules does not violate this act. The City of Clearwater
75shall use any revenue generated by authorizing any private use
76of the submerged land to fund water-related activities for the
77benefit of the public.
78     Section 3.  If the Board of Trustees of the Internal
79Improvement Trust Fund finds that any use of a portion of the
80submerged lands granted under chapter 11050, Laws of Florida,
811925, which was authorized by the City of Clearwater and not
82ratified by Section 1 of this act is inconsistent with the laws
83and rules governing the board's management of the state's
84sovereignty submerged lands, that portion shall, notwithstanding
85the 1925 special act, revert to the state to be held and managed
86by the Board of Trustees of the Internal Improvement Trust Fund.
87     Section 4.  This act does not modify or supersede any
88provision of the Charter of the City of Clearwater concerning
89use of waterfront property that is owned by the City of
90Clearwater.
91     Section 5.  This act shall take effect upon becoming a law.


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