Florida Senate - 2009                      CS for CS for SB 1468
       
       
       
       By the Committees on Finance and Tax; and Community Affairs; and
       Senators Dean, Bennett, Storms, and Joyner
       
       
       
       593-05151-09                                          20091468c2
    1                        A bill to be entitled                      
    2         An act relating to working waterfront property;
    3         creating s. 193.704, F.S.; providing definitions;
    4         creating s. 193.7041, F.S.; identifying property that
    5         is eligible for classification as working waterfront
    6         property; requiring the assessment of working
    7         waterfront property based on current use; requiring an
    8         application for classification of property as working
    9         waterfront property; authorizing a property appraiser
   10         to approve an application that is not filed by a
   11         certain deadline due to extenuating circumstances;
   12         providing for the waiver of annual application
   13         requirements; providing for the loss of classification
   14         upon a change of ownership or use; requiring that
   15         property owners notify the property appraiser of
   16         changes in use or ownership of property; imposing a
   17         penalty on a property owner who fails to notify the
   18         property appraiser of an event resulting in the
   19         unlawful or improper classification of property as
   20         working waterfront property; requiring the imposition
   21         of tax liens to recover penalties and interest;
   22         providing for the assessment of a portion of property
   23         within a working waterfront property which is not used
   24         as working waterfront property; requiring that a
   25         property appraiser make a list relating to
   26         applications to certify property as working waterfront
   27         property; creating s. 193.7042, F.S.; requiring that
   28         property appraisers notify property owners of the
   29         denial of an application to classify property as
   30         working waterfront property; providing for the appeal
   31         of such denial to the value adjustment board;
   32         requiring a filing fee of a certain amount; providing
   33         for the appeal of a denial of a petition to the value
   34         adjustment board to the circuit court; requiring that
   35         property appraisers notify property owners whose
   36         property was classified as working waterfront property
   37         by a value adjustment board or court to recertify that
   38         the use and ownership of the property have not
   39         changed; authorizing the waiver of certain notice and
   40         certification requirements; amending s. 195.073, F.S.;
   41         providing for the classification of land as working
   42         waterfront property on an assessment roll; amending s.
   43         259.105, F.S.; renaming the “Stan Mayfield Working
   44         Waterfronts Program” within the Florida Communities
   45         Trust as the “Stan Mayfield Commercial Waterfronts
   46         Restoration and Preservation Program”; amending s.
   47         380.502, F.S.; conforming provisions to changes made
   48         by the act; amending s. 380.503, F.S.; deleting a
   49         definition for the term “working waterfronts” for
   50         purposes of the Florida Communities Trust Act;
   51         amending s. 380.507, F.S.; providing a cross
   52         reference; clarifying provisions relating to the
   53         authority of the Florida Communities Trust to provide
   54         grants or loans for certain projects; clarifying the
   55         trust’s rulemaking authority; deleting obsolete
   56         provisions; amending s. 380.508, F.S.; deleting
   57         provisions relating to the purpose of working
   58         waterfront projects; amending s. 380.5105, F.S.;
   59         conforming provisions to changes made by the act;
   60         providing a definition for the term “commercial
   61         waterfront”; providing that certain property does not
   62         qualify as commercial waterfront property; providing
   63         for water-dependent commercial activities; limiting
   64         participation in the program to counties and
   65         municipalities effective on a specified date; limiting
   66         the uses of acquired property in perpetuity; requiring
   67         that the Florida Communities Trust adopt rules
   68         establishing procedures and an application process;
   69         providing an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Section 193.704, Florida Statutes, is created to
   74  read:
   75         193.704Working waterfront property; definitions.—As used
   76  in ss. 193.704-193.7042, the term:
   77         (1)“Accessible to the public” means routinely available to
   78  the public, with or without charge, from sunrise to sunset and
   79  having appropriate public accommodations, such as public parking
   80  or public boat ramps.
   81         (2)“Commercial fishing operation” has the same meaning as
   82  in s. 379.2351.
   83         (3)“Drystack” means a vessel-storage facility or building
   84  in which the storage spaces for vessels are available for use by
   85  the public on a first-come, first-served lease basis without
   86  automatic renewal rights or conditions. The term does not
   87  include drystacks in which boat storage is limited to persons
   88  who purchase, receive, or rent a storage space as a condition of
   89  homeownership or tenancy.
   90         (4)“Land used predominantly for commercial fishing
   91  purposes” means land used in good faith in a for-profit
   92  commercial fishing operation for the taking or harvesting of
   93  freshwater fish or saltwater products, as defined in s. 379.101,
   94  for which a commercial license to take, harvest, or sell such
   95  freshwater fish or saltwater products as required under chapter
   96  379.
   97         (5)“Marina” means a commercial facility licensed to do
   98  business in Florida which provides secured public moorings or
   99  drystacks for boats on a first-come, first-served leased basis
  100  and without automatic renewal rights or conditions. The term
  101  does not include marinas that limit mooring or storage of
  102  vessels to persons who purchase, receive, or rent a mooring slip
  103  or storage space as a condition of homeownership or tenancy.
  104         (6)“Marine manufacturing facility” means a facility that
  105  manufactures vessels for use in waters that are navigable.
  106         (7)“Marine vessel construction and repair facilities”
  107  means facilities such as shipyards or dockyards that construct
  108  and repair vessels that travel over waters that are navigable.
  109  As used in this section, the term “repair” includes retrofitting
  110  and maintenance.
  111         (8)“Open to the public” means for hire to the public and
  112  accessible during normal operating hours.
  113         (9)“Support activities” means those facilities that are
  114  typically colocated with marine vessel construction and repair
  115  facilities, such as shop, equipment, or salvage facilities.
  116         (10)“Water-dependent” means that the operations of a
  117  facility require direct access to the water.
  118         (11)“Waterfront” means property that is on, over, or
  119  abutting waters that are navigable.
  120         (12)“Waters that are navigable” means the waters of the
  121  state which are capable of supporting boating and are used or
  122  may be used in their ordinary condition as highways for commerce
  123  for which trade or travel are or may be conducted in the
  124  customary modes of trade or travel on water.
  125         Section 2. Section 193.7041, Florida Statutes, is created
  126  to read:
  127         193.7041Working waterfront property; classification and
  128  assessment; loss of classification; penalty.—
  129         (1)Pursuant to s. 4(j), Art. VII of the State
  130  Constitution, effective January 1, 2010, the following
  131  waterfront property is eligible for classification as working
  132  waterfront property:
  133         (a)Land used predominantly for commercial fishing
  134  purposes.
  135         (b)Land that is accessible to the public and used for
  136  vessel launches into waters that are navigable.
  137         (c)Marinas and drystacks that are open to the public.
  138         (d)Water-dependent marine manufacturing facilities.
  139         (e)Water-dependent commercial fishing facilities.
  140         (f)Water-dependent marine vessel construction and repair
  141  facilities and their support activities.
  142         (2)Property classified as working waterfront property
  143  pursuant to this section must be assessed on the basis of
  144  current use. Assessed value must be calculated using the income
  145  approach to value as described in The Appraisal of Real Estate,
  146  Thirteenth Edition, as subsequently revised and published by the
  147  Appraisal Institute, and in effect on January 1 of the
  148  assessment year. The capitalization rate used to determine
  149  assessed value must be based upon a debt coverage ratio formula
  150  in which the overall capitalization rate equals the debt
  151  coverage ratio multiplied by the mortgage capitalization rate
  152  multiplied by the loan-to-value ratio for comparable properties.
  153  The overall capitalization rate must be calculated and updated
  154  annually. In assessing working waterfront property, a property
  155  appraiser shall use data from lenders for industrywide loan
  156  interest rates, loan-to-value ratios, amortization terms,
  157  payment periods, debt coverage ratio requirements, market rental
  158  rates, market expense rates, and market vacancy rates. The data
  159  must be county-specific unless insufficient data is available,
  160  in which case the property appraiser shall use data for
  161  surrounding counties.
  162         (3)(a)Property may not be classified as working waterfront
  163  property unless an application for the classification is filed
  164  with the property appraiser on or before March 1 of each year in
  165  the county in which the property is located. Before classifying
  166  the property as working waterfront property, the property
  167  appraiser may require the property owner to establish that the
  168  property is used as required under this section. The owner of
  169  property classified as working waterfront property in the prior
  170  year may reapply on a short form adopted by rule by the
  171  Department of Revenue.
  172         (b)Failure of a property owner to apply for the
  173  classification as working waterfront property by March 1
  174  constitutes a waiver of the classification for 1 year. However,
  175  the property appraiser may approve a late application and grant
  176  a working waterfront classification if the property owner
  177  establishes that extenuating circumstances prevented the
  178  property owner from filing an application by the deadline.
  179         (c)A county may, at the request of the property appraiser
  180  and by a majority vote of its governing body, waive the
  181  requirement that an annual application or short form be filed
  182  with the property appraiser for renewal of the classification of
  183  property as working waterfront property. The waiver may be
  184  revoked by a majority vote of the governing body of the county.
  185         (d)Notwithstanding paragraph (c), a new application for
  186  classification as working waterfront property must be filed with
  187  the property appraiser after the property receiving the
  188  classification is sold or otherwise disposed of or the ownership
  189  changes in any manner.
  190         (e)The property appraiser shall remove from the
  191  classification as working waterfront property any property for
  192  which the classified use has been abandoned or discontinued. The
  193  removed property shall be assessed at just value pursuant to s.
  194  193.011.
  195         (f)1.The owner of classified working waterfront property,
  196  who is not required to file an annual application under this
  197  section, must notify the property appraiser promptly if the use
  198  of the property or the ownership changes in a manner that
  199  changes the classified status of the property. If a property
  200  owner fails to notify the property appraiser and the property
  201  appraiser determines that, for any year within the prior 10
  202  years, the property was not qualified to receive the
  203  classification, the owner of the property is subject to taxes
  204  otherwise due and owing as a result of the failure plus 15
  205  percent interest per annum and a penalty of 50 percent of the
  206  additional taxes owed.
  207         2.A property appraiser who determines that a property
  208  owner failed to provide the required notice of change in use or
  209  ownership must record a tax lien against real property owned by
  210  the person or entity. The property is subject to the payment of
  211  all taxes and penalties. If the person or entity no longer owns
  212  property in the county in which the unlawfully or improperly
  213  classified working waterfront property is located, the property
  214  appraiser shall record a tax lien against other properties owned
  215  by the person or entity in other counties of the state. Any tax
  216  lien recorded pursuant to this paragraph must identify the
  217  property that was unlawfully or improperly classified as working
  218  waterfront property and the property to which the lien applies.
  219         (g)For property in which a portion receives a working
  220  waterfront classification, the portion not eligible for
  221  classification as a working waterfront property must be assessed
  222  pursuant to s. 193.011.
  223         (h)The property appraiser must make a list of all
  224  applications for classification as working waterfront property.
  225  The list must include the acreage, the just value of the
  226  property determined pursuant to s. 193.011, the value of the
  227  property if classification as working waterfront property is
  228  granted or the reason if classification is denied, the name of
  229  the property owner, the name of any business operating on the
  230  property, and the address of the property.
  231         Section 3. Section 193.7042, Florida Statutes, is created
  232  to read:
  233         193.7042Working waterfront property; denial of
  234  classification; appeal process.—
  235         (1)The property appraiser must provide written notice to a
  236  property owner applying for a working waterfront classification
  237  of the denial of an application to classify property as working
  238  waterfront property on or before July 1 of the year for which
  239  the application was filed. The notice must advise the property
  240  owner of his or her right to appeal the denial to the value
  241  adjustment board and of the deadline for filing an appeal.
  242         (2)Any property owner whose application for classification
  243  as working waterfront property is denied may appeal the denial
  244  to the value adjustment board by filing a petition requesting
  245  that the application for classification be approved. The
  246  petition may be filed at any time during the taxable year on or
  247  before the 25th day after the property appraiser mails the
  248  assessment notice pursuant to s. 194.011(1). Notwithstanding s.
  249  194.013, the petitioner must pay a nonrefundable fee of $15 upon
  250  filing the petition. The value adjustment board shall grant the
  251  petition if the petitioner establishes that the property is
  252  qualified to be classified as working waterfront property.
  253         (3)A denial of a petition for classification by the value
  254  adjustment board may be appealed to the circuit court.
  255         (4)(a)Property that receives a working waterfront
  256  classification from the value adjustment board or the circuit
  257  court under this section retains that classification in any
  258  subsequent year until the use of the property as working
  259  waterfront property is abandoned or discontinued or the
  260  ownership changes in any manner. The property appraiser shall,
  261  no later than January 31 of each year, notify a property owner
  262  receiving a classification under this subsection to certify that
  263  the ownership and the use of the property has not changed. The
  264  department shall prescribe by rule adopted pursuant to ss.
  265  120.536(1) and 120.54 the form of the notice to be used by the
  266  property appraiser.
  267         (b)If a county has waived the requirement that an annual
  268  application or short form be filed for classification of the
  269  property under s. 193.7041, the county may, by majority vote of
  270  its governing body, waive the notice and certification
  271  requirements of this subsection and shall provide the property
  272  owner with the same notification as provided to property owners
  273  granted a working waterfront classification by the property
  274  appraiser. The waiver may be revoked by a majority vote of the
  275  county governing body.
  276         Section 4. Subsection (1) of section 195.073, Florida
  277  Statutes, is amended to read:
  278         195.073 Classification of property.—All items required by
  279  law to be on the assessment rolls must receive a classification
  280  based upon the use of the property. The department shall
  281  promulgate uniform definitions for all classifications. The
  282  department may designate other subclassifications of property.
  283  No assessment roll may be approved by the department which does
  284  not show proper classifications.
  285         (1) Real property must be classified according to the
  286  assessment basis of the land into the following classes:
  287         (a) Residential, subclassified into categories, one
  288  category for homestead property and one for nonhomestead
  289  property:
  290         1. Single family.
  291         2. Mobile homes.
  292         3. Multifamily.
  293         4. Condominiums.
  294         5. Cooperatives.
  295         6. Retirement homes.
  296         (b) Commercial and industrial.
  297         (c) Agricultural.
  298         (d) Nonagricultural acreage.
  299         (e) High-water recharge.
  300         (f) Historic property used for commercial or certain
  301  nonprofit purposes.
  302         (g) Exempt, wholly or partially.
  303         (h) Centrally assessed.
  304         (i) Leasehold interests.
  305         (j) Time-share property.
  306         (k) Working waterfront property.
  307         (l) Other.
  308         Section 5. Paragraph (j) of subsection (3) of section
  309  259.105, Florida Statutes, is amended to read:
  310         259.105 The Florida Forever Act.—
  311         (3) Less the costs of issuing and the costs of funding
  312  reserve accounts and other costs associated with bonds, the
  313  proceeds of cash payments or bonds issued pursuant to this
  314  section shall be deposited into the Florida Forever Trust Fund
  315  created by s. 259.1051. The proceeds shall be distributed by the
  316  Department of Environmental Protection in the following manner:
  317         (j) Two and five-tenths percent to the Department of
  318  Community Affairs for the acquisition of land and capital
  319  project expenditures necessary to implement the Stan Mayfield
  320  Commercial Waterfront Restoration and Preservation Working
  321  Waterfronts Program within the Florida Communities Trust
  322  pursuant to s. 380.5105.
  323         Section 6. Paragraph (a) of subsection (3) of section
  324  380.502, Florida Statutes, is amended to read:
  325         380.502 Legislative findings and intent.—
  326         (3) It is the intent of the Legislature to establish a
  327  nonregulatory agency that will assist local governments in
  328  bringing local comprehensive plans into compliance and
  329  implementing the goals, objectives, and policies of the
  330  conservation, recreation and open space, and coastal elements of
  331  local comprehensive plans, or in conserving natural resources
  332  and resolving land use conflicts by:
  333         (a) Responding promptly and creatively to opportunities to
  334  correct undesirable development patterns, restore degraded
  335  natural areas, enhance resource values, restore deteriorated or
  336  deteriorating urban waterfronts, restore and preserve commercial
  337  waterfront property working waterfronts, reserve lands for later
  338  purchase, participate in and promote the use of innovative land
  339  acquisition methods, and provide public access to surface
  340  waters.
  341         Section 7. Subsection (18) of section 380.503, Florida
  342  Statutes, is amended to read:
  343         380.503 Definitions.—As used in ss. 380.501-380.515, unless
  344  the context indicates a different meaning or intent:
  345         (18) “Working waterfront” means:
  346         (a) A parcel or parcels of land directly used for the
  347  purposes of the commercial harvest of marine organisms or
  348  saltwater products by state-licensed commercial fishermen,
  349  aquaculturists, or business entities, including piers, wharves,
  350  docks, or other facilities operated to provide waterfront access
  351  to licensed commercial fishermen, aquaculturists, or business
  352  entities; or
  353         (b) A parcel or parcels of land used for exhibitions,
  354  demonstrations, educational venues, civic events, and other
  355  purposes that promote and educate the public about economic,
  356  cultural, and historic heritage of Florida’s traditional working
  357  waterfronts, including the marketing of the seafood and
  358  aquaculture industries.
  359         Section 8. Subsections (2), (6), (7), and (11) of section
  360  380.507, Florida Statutes, are amended to read:
  361         380.507 Powers of the trust.—The trust shall have all the
  362  powers necessary or convenient to carry out the purposes and
  363  provisions of this part, including:
  364         (2) To undertake, coordinate, or fund activities and
  365  projects which will help bring local comprehensive plans into
  366  compliance and help implement the goals, objectives, and
  367  policies of the conservation, recreation and open space, and
  368  coastal elements of local comprehensive plans, or which will
  369  otherwise serve to conserve natural resources and resolve land
  370  use conflicts, including, but not limited to:
  371         (a) Redevelopment projects.
  372         (b) Resource enhancement projects.
  373         (c) Public access projects.
  374         (d) Urban waterfront restoration projects.
  375         (e) Site reservation.
  376         (f) Urban greenways and open space projects.
  377         (g) Commercial waterfront restoration and preservation
  378  projects under s. 380.5105 Working waterfronts.
  379         (6) Except as provided in s. 380.5105, to award grants and
  380  make loans to local governments and nonprofit organizations for
  381  the purposes listed in subsection (2) and for acquiring fee
  382  title and less than fee title, such as conservation easements or
  383  other interests in land, for the purposes of this part.
  384         (7) Except as provided in s. 380.5105, to provide by grant
  385  or loan up to the total cost of any project approved according
  386  to this part, including the local share of federally supported
  387  projects. The trust may require local funding participation in
  388  projects. The trust shall determine the funding it will provide
  389  by considering the total amount of funding available for the
  390  project, the fiscal resources of other project participants, the
  391  urgency of the project relative to other eligible projects, and
  392  other factors which the trust shall have prescribed by rule. The
  393  trust may fund up to 100 percent of any local government land
  394  acquisition costs, if part of an approved project.
  395         (11) Except as provided in s. 380.5105, to make rules
  396  necessary to carry out the purposes of this part and to exercise
  397  any power granted in this part, pursuant to the provisions of
  398  chapter 120. The trust shall adopt rules governing the
  399  acquisition of lands using proceeds from the Preservation 2000
  400  Trust Fund and the Florida Forever Trust Fund, consistent with
  401  the intent expressed in the Florida Forever Act. Such rules for
  402  land acquisition must include, but are not limited to,
  403  procedures for appraisals and confidentiality consistent with
  404  ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
  405  determining a maximum purchase price, and procedures to assure
  406  that the land is acquired in a voluntarily negotiated
  407  transaction, surveyed, conveyed with marketable title, and
  408  examined for hazardous materials contamination. Land acquisition
  409  procedures of a local land authority created pursuant to s.
  410  380.0663 or s. 380.0677 may be used for the land acquisition
  411  programs described by ss. 259.101(3)(c) and 259.105 if within
  412  areas of critical state concern designated pursuant to s.
  413  380.05, subject to approval of the trust.
  414         Section 9. Paragraphs (e) and (f) of subsection (4) of
  415  section 380.508, Florida Statutes, are amended to read:
  416         380.508 Projects; development, review, and approval.—
  417         (4) Projects or activities which the trust undertakes,
  418  coordinates, or funds in any manner shall comply with the
  419  following guidelines:
  420         (e)The purpose of working waterfront projects shall be to
  421  restore and preserve working waterfronts as provided in s.
  422  380.5105.
  423         (e)(f) The trust shall cooperate with local governments,
  424  state agencies, federal agencies, and nonprofit organizations in
  425  ensuring the reservation of lands for parks, recreation, fish
  426  and wildlife habitat, historical preservation, or scientific
  427  study. In the event that any local government, state agency,
  428  federal agency, or nonprofit organization is unable, due to
  429  limited financial resources or other circumstances of a
  430  temporary nature, to acquire a site for the purposes described
  431  in this paragraph, the trust may acquire and hold the site for
  432  subsequent conveyance to the appropriate governmental agency or
  433  nonprofit organization. The trust may provide such technical
  434  assistance as is required to aid local governments, state and
  435  federal agencies, and nonprofit organizations in completing
  436  acquisition and related functions. The trust shall not reserve
  437  lands acquired in accordance with this paragraph for more than 5
  438  years from the time of acquisition. A local government, federal
  439  or state agency, or nonprofit organization may acquire the land
  440  at any time during this period for public purposes. The purchase
  441  price shall be based upon the trust’s cost of acquisition, plus
  442  administrative and management costs in reserving the land. The
  443  payment of this purchase price shall be by money, trust-approved
  444  property of an equivalent value, or a combination of money and
  445  trust-approved property. If, after the 5-year period, the trust
  446  has not sold to a governmental agency or nonprofit organization
  447  land acquired for site reservation, the trust shall dispose of
  448  such land at fair market value or shall trade it for other land
  449  of comparable value which will serve to accomplish the purposes
  450  of this part. Any proceeds from the sale of such land shall be
  451  deposited in the Florida Communities Trust Fund.
  452  
  453  Project costs may include costs of providing parks, open space,
  454  public access sites, scenic easements, and other areas and
  455  facilities serving the public where such features are part of a
  456  project plan approved according to this part. In undertaking or
  457  coordinating projects or activities authorized by this part, the
  458  trust shall, when appropriate, use and promote the use of
  459  creative land acquisition methods, including the acquisition of
  460  less than fee interest through, among other methods,
  461  conservation easements, transfer of development rights, leases,
  462  and leaseback arrangements. The trust also shall assist local
  463  governments in the use of sound alternative methods of financing
  464  for funding projects and activities authorized by this part. Any
  465  funds over and above eligible project costs, which remain after
  466  completion of a project approved according to this part, shall
  467  be transmitted to the state and deposited in the Florida
  468  Communities Trust Fund.
  469         Section 10. Section 380.5105, Florida Statutes, is amended
  470  to read:
  471         380.5105 The Stan Mayfield Commercial Waterfront
  472  Restoration and Preservation Program Working Waterfronts;
  473  Florida Forever program.—
  474         (1)As used in this section, the term “commercial
  475  waterfront” means real or improved property that provides direct
  476  access for water-dependent commercial activities. The term does
  477  not include seaports or any property classified as working
  478  waterfront property under s. 193.7041. Water-dependent
  479  commercial activities include, but are not limited to, public
  480  lodging or eating establishments; aquaculturists; and docks,
  481  wharves, piers, wet or dry marinas, boat ramps, boat hauling
  482  facilities, and boat repair facilities that are not eligible for
  483  classification as working waterfront property under s. 193.7041
  484  and s. 4(j), Art. VII of the State Constitution.
  485         (2)(1) Notwithstanding any other provision of this chapter,
  486  it is the intent of the Legislature that the Florida Communities
  487  Trust shall administer the commercial waterfront restoration and
  488  preservation working waterfronts program as set forth in this
  489  section. Effective July 1, 2009, participation in this program
  490  is limited to counties and municipalities that acquire, in fee
  491  simple or less-than-fee simple, commercial waterfront property
  492  for restoration or preservation purposes and limit the use of
  493  the property in perpetuity to the water-dependent commercial
  494  activities authorized under this section.
  495         (3)(2) The Florida Communities Trust and the Department of
  496  Agriculture and Consumer Services shall jointly develop and
  497  adopt rules specifically establishing the procedures to be
  498  followed for acquisitions under this section which use Florida
  499  Forever funds provided to the trust under s. 259.105 and rules
  500  to develop an application process and a process to evaluate,
  501  score, and rank commercial waterfront restoration and
  502  preservation for the evaluation, scoring and ranking of working
  503  waterfront acquisition projects. The proposed rules jointly
  504  developed pursuant to this subsection shall be promulgated by
  505  the trust. Such rules shall establish a system of weighted
  506  criteria to give increased priority to projects:
  507         (a) Within a municipality with a population less than
  508  30,000;
  509         (b) Within a municipality or area under intense growth and
  510  development pressures, as evidenced by a number of factors,
  511  including a determination that the municipality’s growth rate
  512  exceeds the average growth rate for the state;
  513         (c) Within the boundary of a community redevelopment agency
  514  established pursuant to s. 163.356;
  515         (d) Adjacent to state-owned submerged lands designated as
  516  an aquatic preserve identified in s. 258.39; or
  517         (e) That provide a demonstrable benefit to the local
  518  economy.
  519         (4)(3) For projects that will require more than the grant
  520  amount awarded for completion, the county or municipality
  521  applicant must identify in the their project application funding
  522  sources that will provide the difference between the grant award
  523  and the estimated project completion cost. Such rules may be
  524  incorporated into those developed pursuant to s. 380.507(11).
  525         (5)(4) The trust shall develop a ranking list based on
  526  criteria identified in subsection (2) for proposed fee simple
  527  and less-than-fee simple acquisition projects proposed for
  528  acquisition under developed pursuant to this section. The trust
  529  shall, by the first meeting of the Board of Trustees of the
  530  Internal Improvement Trust Fund meeting in February of each
  531  year, present the ranking list pursuant to this section to the
  532  board of trustees for final approval of projects for funding.
  533  The board of trustees may remove projects from the ranking list
  534  but may not add projects.
  535         (6)(5) Grant awards, acquisition approvals, and terms of
  536  fee simple and less-than-fee acquisitions shall be approved by
  537  the trust. Counties and municipalities Waterfront communities
  538  that receive grant awards must submit annual progress reports to
  539  the trust identifying completed project activities which are
  540  complete, and the progress achieved in meeting the goals
  541  outlined in the project application. The trust must implement a
  542  process to monitor and evaluate the performance of grant
  543  recipients in completing projects that are funded through the
  544  commercial waterfront restoration and preservation working
  545  waterfronts program.
  546         Section 11. This act shall take effect July 1, 2009.