Senate Bill sb2942c1
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Florida Senate - 2007 CS for SB 2942
By the Committee on Environmental Preservation and
Conservation; and Senator Fasano
592-2659-07
1 A bill to be entitled
2 An act relating to the City of Clearwater,
3 Pinellas County; ratifying certain uses of
4 property granted to the city by the state;
5 providing that certain uses of such property
6 are consistent with a grant made by the state;
7 providing for limited private use of certain
8 undeveloped submerged portions of the property
9 if the city received an application on or
10 before December 31, 2006, and determines that
11 the use is consistent with the laws governing
12 the management of sovereignty submerged lands
13 by the Board of Trustees of the Internal
14 Improvement Trust Fund; providing for a
15 referendum for certain changes in use;
16 requiring the city to use revenues from any
17 such limited private use to fund certain
18 water-related activities; providing for a right
19 of reverter in the Board of Trustees of the
20 Internal Improvement Trust Fund; providing that
21 the city's charter referendum requirement for
22 use of waterfront property owned by the city is
23 not modified or superseded; providing an
24 effective date.
25
26 WHEREAS, the right-of-way for the causeway to
27 Clearwater Beach, known as Memorial Causeway, and certain
28 adjacent submerged lands was granted to the City of Clearwater
29 under chapter 11050, Laws of Florida, 1925, to be owned and
30 maintained as provided in the 1925 special act, and
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Florida Senate - 2007 CS for SB 2942
592-2659-07
1 WHEREAS, the 1925 special act limits the use of
2 property granted for public purposes and uses as specified in
3 the act and provides for reversion of such property to the
4 state in circumstances involving use of the property in a
5 manner that is inconsistent with those specifications, and
6 WHEREAS, chapter 86-345, Laws of Florida, released a
7 portion of the property granted by the 1925 special act from
8 the reverter in order to permit the development and
9 maintenance of a portion of the property as a marine science
10 center as approved by the city commission and electors of the
11 City of Clearwater, and
12 WHEREAS, the property granted by the 1925 special act
13 now consists of uplands and submerged lands adjacent to those
14 uplands, which have been developed for public purposes and
15 uses, plus additional submerged lands that are adjacent to the
16 developed uplands and that remain undeveloped, and
17 WHEREAS, the City of Clearwater wishes to make use of
18 portions of the undeveloped adjacent submerged lands for
19 public purposes and certain limited private uses as specified
20 in this act which are consistent with the laws and rules
21 governing the management of sovereignty submerged lands by the
22 Board of Trustees of the Internal Improvement Trust Fund, and
23 WHEREAS, the Board of Trustees of the Internal
24 Improvement Trust Fund and the City of Clearwater desire that
25 the extent and manner of the use of the adjacent portions of
26 the submerged lands be consistent with the use of other
27 sovereignty submerged lands of the state, NOW, THEREFORE,
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29 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2007 CS for SB 2942
592-2659-07
1 Section 1. Any use of the property described in
2 chapter 11050, Laws of Florida, 1925, and authorized by the
3 City of Clearwater on or before the effective date of this act
4 is ratified notwithstanding the reason for the use. In
5 addition, any use of that portion of the property described in
6 chapter 86-345, Laws of Florida, which was undertaken on or
7 before the effective date of this chapter has been and is
8 consistent with the grant made in that chapter for the purpose
9 of developing and maintaining a marine science center.
10 Section 2. The City of Clearwater may authorize
11 private uses of the submerged portions of the property granted
12 under chapter 11050, Laws of Florida, 1925, for which it has
13 received an application on or before December 31, 2006, if the
14 private uses are consistent with the laws and rules governing
15 the management of sovereignty submerged lands of this state by
16 the Board of Trustees of the Internal Improvement Fund,
17 including rules of the board concerning private marinas and
18 docking facilities. If the use of any area under the control
19 of the portions of the property granted under chapter 11050,
20 Laws of Florida, 1925, including any portion of the property
21 that may include the Clearwater City Beach Marina Property, is
22 altered from the existing public open-space recreation usage
23 or any other existing public land use designation, the change
24 of use must first be approved by a site-specific referendum
25 put before the registered voters of the City of Clearwater. A
26 dock or mooring facility for a multifamily dwelling or a dock
27 for a single-family dwelling authorized under this act which
28 is consistent with such laws and rules does not violate this
29 act. The City of Clearwater shall use any revenue generated by
30 authorizing any private use of the submerged land to fund
31 water-related activities for the benefit of the public.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2942
592-2659-07
1 Section 3. If the Board of Trustees of the Internal
2 Improvement Trust Fund finds that any use of a portion of the
3 submerged lands granted under chapter 11050, Laws of Florida,
4 1925, which was authorized by the City of Clearwater and not
5 ratified by this act is inconsistent with the laws and rules
6 governing the board's management of the state's sovereignty
7 submerged lands, that portion shall, notwithstanding the 1925
8 special act, revert to the state to be held and managed by the
9 Board of Trustees of the Internal Improvement Trust Fund.
10 Section 4. This act does not modify or supersede any
11 provision of the Charter of the City of Clearwater concerning
12 the requirement of a referendum for the use of waterfront
13 property that is owned by the City of Clearwater, which shall
14 include the causeway.
15 Section 5. This act shall take effect upon becoming a
16 law.
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18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 2942
20
21 The committee substitute clarifies that the uses of the
property described in ch. 11050, L.O.F., which were authorized
22 by the City of Clearwater on or before the effective date of
this act are ratified notwithstanding the reason for the use.
23
The City of Clearwater may authorize private uses of the
24 submerged portions of the property granted under ch. 11050,
L.O.F., for which it has received an application on or before
25 December 31, 2006, under certain conditions. If the use is
altered from the existing public open-space recreation usage
26 or any other existing public land use designation, the change
of use must first be approved by a site-specific referendum
27 put before the registered voters of the City of Clearwater.
28 This committee substitute does not modify or supersede any
provision of the Charter of the City of Clearwater concerning
29 the requirement of a referendum for the use of waterfront
property that is owned by the City of Clearwater, which shall
30 include the causeway.
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