Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 1012 Barcode 519372 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 04/16/2009 02:22 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Constantine moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 122 - 183 4 and insert: 5 service, 15 cents per square foot. If these facilities are 6 located in an aquatic preserve, the rate shall be 30 cents per 7 square foot. 8 2. The annual lease fees provided for in this paragraph 9 shall be revised every 5 years beginning March 1, 2014, and 10 increased or decreased based on the average change in the 11 Consumer Price Index, calculated by averaging the Consumer Price 12 Index over the previous 5-year period. Adjustments to the fees 13 shall be to the nearest cent for the per-square-foot rates and 14 to the nearest $25 for the minimums. Any increase or decrease 15 may not exceed 10 percent and may not have the effect of 16 lowering the fees below those established in the paragraph. 17 3. There shall be a late payment assessment for lease fees 18 or other charges due which are not paid within 30 days after the 19 due date. This assessment shall be computed at the rate of 12 20 percent per annum, calculated on a daily basis for every day the 21 payment is late. 22 4. For the purposes of this paragraph, the additional 23 charges provided in subparagraph b. shall not apply to existing 24 facilities in aquatic preserves that were excluded from the 25 additional rate in accordance with rule 18-21.011, Florida 26 Administrative Code. 27 (g) Government, research, or education facilities are 28 exempt from the annual lease fees in paragraph (f) except as 29 otherwise defined by rule. 30 (h) A community-based social club shall be classified as 31 “first-come, first-served” for the purposes of assessing fees 32 pursuant to this subsection if the club is designated as 33 qualified under s. 501(c)(7) by Title 26, subtitle A, chapter 1, 34 subchapter F, part 1, s. 501 of the United States Internal 35 Revenue Code. The club must be organized for pleasure, 36 recreation, and other similar nonprofitable purposes and 37 substantially all of its activities must be for these purposes, 38 and the club may not discriminate based on race, color, 39 religion, or handicap. The club may not convey to any member the 40 exclusive use of a club wet slip and all wet slips must be 41 available on a first-come, first-served basis to all members in 42 a specific membership category. Any publications related to 43 membership and wet slip rental contracts must state that the wet 44 slips are available on a first-come, first-served basis to all 45 members in a specific membership category and that the club does 46 not discriminate based on race, color, religion, or handicap. 47 Upon the date the club is found to have conveyed, deeded, leased 48 long term, included an automatic renewal or conditions, or 49 issued in any form an exclusive right to use a wet slip, the 50 submerged land lease fee shall revert to the private rate 51 pursuant to this subsection and be subject to retroactive 52 private lease fees. The club shall provide recreational, 53 educational, or charitable activities at least once annually 54 which are open to the general public beginning within 365 days 55 after the lease anniversary date. 56 (i) The department shall provide a draft lease to the 57 applicant 14 days prior to the scheduled hearing before the 58 board of trustees. The applicant may waive this requirement. 59 (j) Rules adopted by the board of trustees must also 60 provide for: 61 1. The assessment of fines and penalties for violation of 62 lease conditions. Such fines or penalties shall be in addition 63 to those authorized pursuant to s. 253.04. 64 2. An exemption from the annual fees for: 65 a. Events that may require the installation and use of 66 temporary structures, including docks, moorings, pilings, and 67 access walkways on sovereign submerged lands solely for the 68 purposes of facilitating boat shows or boat displays in, or 69 adjacent to, established marinas or government-owned upland 70 property. 71 b. First-come first-served facilities that have a 72 contractual arrangement with a county or municipality and can 73 demonstrate financial hardship to the Board of Trustees. 74 c. Those facilities that qualify for Consent by Rule or 75 Letter of Consent pursuant to rule 18-21, Florida Administrative 76 Code and shall also be exempt from paying application fees. 77 78 ================= T I T L E A M E N D M E N T ================ 79 And the title is amended as follows: 80 Delete line 10 81 and insert: 82 rates; providing for exemptions; detailing minimum