| 1 | A bill to be entitled |
| 2 | An act relating to working waterfront real property; |
| 3 | creating s. 193.506, F.S.; authorizing owners of working |
| 4 | waterfront real property to convey development rights to |
| 5 | such property to a county or municipality; authorizing |
| 6 | counties or municipalities to enter into agreements with |
| 7 | owners of working waterfront real property to acquire |
| 8 | development rights to such property for certain |
| 9 | consideration and for certain periods; providing for |
| 10 | renewals; authorizing owners to opt out of a conveyance |
| 11 | under certain circumstances; providing for payment of |
| 12 | certain additional ad valorem taxes under certain |
| 13 | circumstances; providing procedures and requirements; |
| 14 | providing for assessment of such property; providing a |
| 15 | definition; requiring certain counties or municipalities |
| 16 | to include within a local government comprehensive plan |
| 17 | provisions to protect working waterfront property under |
| 18 | certain circumstances; providing duties of property |
| 19 | appraisers; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 193.506, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 193.506 Working waterfront real property; development |
| 26 | rights purchase by local government.-- |
| 27 | (1)(a) The owner or owners in fee of any working |
| 28 | waterfront real property may by appropriate instrument convey |
| 29 | all rights to develop the property to the county or municipality |
| 30 | in which such property is located for the sum of $10 and other |
| 31 | valuable considerations for a period of 7 years. The conveyance |
| 32 | shall be subject to renewal upon agreement by the owner or |
| 33 | owners of the property and the county or municipality. |
| 34 | (b) Before the end of any 7-year period, the owner or |
| 35 | owners of the property may elect to terminate the conveyance by |
| 36 | paying to the county or municipality an amount of ad valorem |
| 37 | taxes equal to the difference between the amount actually paid |
| 38 | during the time the conveyance was in effect and the amount the |
| 39 | owner or owners would have paid had development rights not been |
| 40 | conveyed as provided under this section. |
| 41 | (2) A county or municipality may enter into an agreement |
| 42 | with the owner or owners of working waterfront real property to |
| 43 | acquire the development rights to such property as provided in |
| 44 | subsection (1) and accept any instrument conveying a development |
| 45 | right pursuant to subsection (1). If such instrument is accepted |
| 46 | by the county or municipality, the instrument shall be promptly |
| 47 | filed with the appropriate officer for recording in the same |
| 48 | manner as any other instrument affecting title to real property. |
| 49 | (3) When, pursuant to this section, the development right |
| 50 | in working waterfront property has been conveyed to a county or |
| 51 | municipality, the real property subject to such conveyance shall |
| 52 | be assessed at fair market value as working waterfront real |
| 53 | property and the appraiser shall recognize the nature and length |
| 54 | of the restriction placed on the use of the property under the |
| 55 | provisions of the conveyance. |
| 56 | (4) A county or municipality that holds title to a |
| 57 | development right pursuant to this section shall not convey that |
| 58 | right to anyone and shall not exercise that right in any manner |
| 59 | inconsistent with working waterfronts. Property for which the |
| 60 | development right has been conveyed to a county or municipality |
| 61 | under this section may not be used for any purpose inconsistent |
| 62 | with working waterfronts. |
| 63 | (5) For purposes of this section, the term "working |
| 64 | waterfront real property" means land that is used predominantly |
| 65 | for commercial fishing purposes, used predominantly for |
| 66 | commercial or industrial water-dependent activities, or used for |
| 67 | public access to waters that are navigable, and includes marinas |
| 68 | and drystacks that are open to the public, water-dependent |
| 69 | marine manufacturing facilities, commercial fishing facilities, |
| 70 | marine repair facilities, and support facilities for marine |
| 71 | repair facilities. |
| 72 | (6) A county or municipality that acquires the development |
| 73 | rights to working waterfront real property pursuant to this |
| 74 | section shall include within the local government comprehensive |
| 75 | plan for such county or municipality required under chapter 163 |
| 76 | provisions for protecting such property as a working waterfront. |
| 77 | (7)(a) For the purposes of assessment roll preparation and |
| 78 | recordkeeping, the property appraiser shall report the assessed |
| 79 | value of property subject to a conveyance pursuant to this |
| 80 | section as its classified use value and shall annually determine |
| 81 | and report as just value the fair market value of such property |
| 82 | irrespective of any negative impact that restrictions imposed or |
| 83 | conveyances made pursuant to this section may have had on such |
| 84 | value. |
| 85 | (b) The property appraiser shall report annually to the |
| 86 | department the just value and classified use value of property |
| 87 | for which the development right has been conveyed. |
| 88 | Section 2. This act shall take effect upon becoming a law. |