Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1012
       
       
       
       
       
       
                                Barcode 519372                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/16/2009 02:22 PM       .                                
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       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