Senate Bill sb2942c1

CODING: Words stricken are deletions; words underlined are additions.
    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23         not modified or superseded; providing an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

31  

                                  1

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






    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,

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  2

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






    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.

                                  3

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.

17  

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.

31  

                                  4

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