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A bill to be entitled

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An act relating to working waterfront real property;

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creating s. 193.506, F.S.; authorizing owners of working

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waterfront real property to convey development rights to

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such property to a county or municipality; authorizing

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counties or municipalities to enter into agreements with

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owners of working waterfront real property to acquire

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development rights to such property for certain

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consideration and for certain periods; providing for

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renewals; authorizing owners to opt out of a conveyance

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under certain circumstances; providing for payment of

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certain additional ad valorem taxes under certain

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circumstances; providing procedures and requirements;

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providing for assessment of such property; providing a

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definition; requiring certain counties or municipalities

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to include within a local government comprehensive plan

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provisions to protect working waterfront property under

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certain circumstances; providing duties of property

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appraisers; providing an effective date.

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

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     Section 1.  Section 193.506, Florida Statutes, is created to

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read:

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     193.506 Working waterfront real property; development

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rights purchase by local government.--

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     (1)(a) The owner or owners in fee of any working waterfront

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real property may by appropriate instrument convey all rights to

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develop the property to the county or municipality in which such

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property is located for the sum of $10 and other valuable

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considerations for a period of 7 years. The conveyance shall be

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subject to renewal upon agreement by the owner or owners of the

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property and the county or municipality.

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     (b) Before the end of any 7-year period, the owner or

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owners of the property may elect to terminate the conveyance by

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paying to the county or municipality an amount of ad valorem

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taxes equal to the difference between the amount actually paid

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during the time the conveyance was in effect and the amount the

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owner or owners would have paid had development rights not been

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conveyed as provided under this section.

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     (2) A county or municipality may enter into an agreement

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with the owner or owners of working waterfront real property to

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acquire the development rights to such property as provided in

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subsection (1) and accept any instrument conveying a development

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right pursuant to subsection (1). If such instrument is accepted

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by the county or municipality, the instrument shall be promptly

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filed with the appropriate officer for recording in the same

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manner as any other instrument affecting title to real property.

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     (3) When, pursuant to this section, the development rights

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in working waterfront property have been conveyed to a county or

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municipality, the real property subject to such conveyance shall

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be assessed at fair market value as working waterfront real

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property and the appraiser shall recognize the nature and length

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of the restriction placed on the use of the property under the

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provisions of the conveyance.

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     (4) A county or municipality that holds title to any

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development right pursuant to this section may not convey that

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right to anyone and may not exercise that right in any manner

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inconsistent with working waterfronts. Property for which the

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development right has been conveyed to a county or municipality

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under this section may not be used for any purpose inconsistent

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with working waterfronts.

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     (5) For purposes of this section, the term "working

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waterfront real property" means land that is used predominantly

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for commercial fishing purposes, used predominantly for

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commercial or industrial water-dependent activities, or used for

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public access to waters that are navigable, and includes marinas

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and drystacks that are open to the public, water-dependent marine

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manufacturing facilities, commercial fishing facilities, marine

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repair facilities, and support facilities for marine repair

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facilities.

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     (6) A county or municipality that acquires the development

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rights to working waterfront real property pursuant to this

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section shall include within the local government comprehensive

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plan for such county or municipality required under chapter 163

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provisions for protecting such property as a working waterfront.

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     (7)(a) For the purposes of assessment roll preparation and

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recordkeeping, the property appraiser shall report the assessed

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value of property subject to a conveyance pursuant to this

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section as its classified use value and shall annually determine

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and report as just value the fair market value of such property

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irrespective of any negative effect that restrictions imposed or

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conveyances made pursuant to this section may have had on such

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value.

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     (b) The property appraiser shall report annually to the

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department the just value and classified use value of property

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for which the development right has been conveyed.

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     Section 2.  This act shall take effect July 1, 2008.