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