CS/HB 1585

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 received an
9	application on or before December 31, 2006, and determines
10	that the use is consistent with the laws governing the
11	management of sovereignty submerged lands by the Board of
12	Trustees of the Internal Improvement Trust Fund; providing
13	for a referendum for certain changes of use; requiring the
14	city to use revenues from any such limited private use to
15	fund certain water-related activities; providing for a
16	right of reverter in the Board of Trustees of the Internal
17	Improvement Trust Fund; providing that the act does not
18	modify or supersede the city's charter referendum
19	requirement for use of waterfront property owned by the
20	city; providing an effective date.
21
22	WHEREAS, the right-of-way for the causeway to Clearwater
23	Beach, known as Memorial Causeway, and certain adjacent
24	submerged lands was granted to the City of Clearwater under
25	chapter 11050, Laws of Florida, 1925, to be owned and maintained
26	as provided in the 1925 special act, and
27	WHEREAS, the 1925 special act limits the use of property
28	granted for public purposes and uses as specified in the act and
29	provides for reversion of such property to the state in
30	circumstances involving use of the property in a manner that is
31	inconsistent with those specifications, and
32	WHEREAS, chapter 86-345, Laws of Florida, released a
33	portion of the property granted by the 1925 special act from the
34	reverter in order to permit the development and maintenance of a
35	portion of the property as a marine science center as approved
36	by the city commission and electors of the City of Clearwater,
37	and
38	WHEREAS, the property granted by the 1925 special act now
39	consists of uplands and submerged lands adjacent to those
40	uplands, which have been developed for public purposes and uses,
41	plus additional submerged lands that are adjacent to the
42	developed uplands and that remain undeveloped, and
43	WHEREAS, the City of Clearwater wishes to make use of
44	portions of the undeveloped adjacent submerged lands for public
45	purposes and certain limited private uses as specified in this
46	act which are consistent with the laws and rules governing the
47	management of sovereignty submerged lands by the Board of
48	Trustees of the Internal Improvement Trust Fund, and
49	WHEREAS, the Board of Trustees of the Internal Improvement
50	Trust Fund and the City of Clearwater desire that the extent and
51	manner of the use of the adjacent portions of the submerged
52	lands be consistent with the use of other sovereignty submerged
53	lands of the state, NOW, THEREFORE,
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Any use of the property described in chapter
58	11050, Laws of Florida, 1925, and authorized by the City of
59	Clearwater on or before the effective date of this act is
60	ratified notwithstanding whether the use is for a public
61	purpose. In addition, any use of that portion of the property
62	described in chapter 86-345, Laws of Florida, which was
63	undertaken on or before the effective date of this act has been
64	and is consistent with the grant made in that act for the
65	purpose of developing and maintaining a marine science center.
66	Section 2.  The City of Clearwater may authorize private
67	uses of the submerged portions of the property granted under
68	chapter 11050, Laws of Florida, 1925, for which it has received
69	an application on or before December 31, 2006, if the private
70	uses are consistent with the laws and regulations governing the
71	management of sovereignty submerged lands of this state by the
72	Board of Trustees of the Internal Improvement Fund, including
73	rules of the board concerning private marinas and docking
74	facilities. If the use of any area under the control of the
75	portions of the property granted under chapter 11050, Laws of
76	Florida, 1925, including any portion of the property that may
77	include the Clearwater City Beach Marina Property, is altered
78	from the existing public intended open space recreation or any
79	other existing public land use designation, the change of use
80	must first be approved by a site-specific referendum put before
81	the voters of the City of Clearwater. A dock or mooring facility
82	for a multifamily dwelling or a dock for a single-family
83	dwelling authorized under this act which is consistent with such
84	laws and rules does not violate this act. The City of Clearwater
85	shall use any revenue generated by authorizing any private use
86	of the submerged land to fund water-related activities for the
87	benefit of the public.
88	Section 3.  If the Board of Trustees of the Internal
89	Improvement Trust Fund finds that any use of a portion of the
90	submerged lands granted under chapter 11050, Laws of Florida,
91	1925, which was authorized by the City of Clearwater and not
92	ratified by section 1 is inconsistent with the laws and rules
93	governing the board's management of the state's sovereignty
94	submerged lands, that portion shall, notwithstanding the 1925
95	special act, revert to the state to be held and managed by the
96	Board of Trustees of the Internal Improvement Trust Fund.
97	Section 4.  This act does not modify or supersede any
98	provision of the Charter of the City of Clearwater concerning
99	the requirement of a referendum for the use of waterfront
100	property that is owned by the City of Clearwater, which includes
101	the causeway as provided in section 2.
102	Section 5.  This act shall take effect upon becoming a law.

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