CS/HB 877

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


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