CS for CS for SB 1468 First Engrossed
20091468e1
1 A bill to be entitled
2 An act relating to working waterfront property;
3 creating s. 193.704, F.S.; providing definitions;
4 identifying property that is eligible for
5 classification as working waterfront property;
6 requiring the assessment of working waterfront
7 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; providing an appeal process for an
28 application that has been denied; amending s. 195.073,
29 F.S.; providing for the classification of land as
30 working waterfront property on an assessment roll;
31 amending s. 259.105, F.S.; renaming the “Stan Mayfield
32 Working Waterfronts Program” within the Florida
33 Communities Trust as the “Stan Mayfield Commercial
34 Waterfronts Restoration and Preservation Program”;
35 amending s. 380.502, F.S.; conforming provisions to
36 changes made by the act; amending s. 380.503, F.S.;
37 deleting a definition for the term “working
38 waterfronts” for purposes of the Florida Communities
39 Trust Act; amending s. 380.507, F.S.; providing a
40 cross-reference; clarifying provisions relating to the
41 authority of the Florida Communities Trust to provide
42 grants or loans for certain projects; clarifying the
43 trust’s rulemaking authority; deleting obsolete
44 provisions; amending s. 380.508, F.S.; deleting
45 provisions relating to the purpose of working
46 waterfront projects; amending s. 380.5105, F.S.;
47 conforming provisions to changes made by the act;
48 providing a definition for the term “commercial
49 waterfront”; providing that certain property does not
50 qualify as commercial waterfront property; providing
51 for water-dependent commercial activities; limiting
52 the uses of acquired property in perpetuity; requiring
53 that the Florida Communities Trust adopt rules
54 establishing procedures and an application process;
55 providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 193.704, Florida Statutes, is created to
60 read:
61 193.704 Working waterfront property; definitions;
62 classification and assessment; denial of classification and
63 appeal.—
64 (1) DEFINITIONS.—For purposes of granting a working
65 waterfront property classification under this section for
66 January 1, 2010, and thereafter, the term:
67 (a) “Accessible to the public” means routinely available to
68 the public from sunrise to sunset, with or without charge, with
69 appropriate accommodations, including, but not limited to,
70 public parking or public boat ramps that are available for use
71 by the general public.
72 (b) “Commercial fishing operation” has the same meaning as
73 that provided in s. 379.2351.
74 (c) “Commercial fishing facility” means docks, piers,
75 processing houses, or other facilities which support a
76 commercial fishing operation as defined in paragraph (b), or an
77 aquaculture operation licensed under chapter 253.
78 (d) “Drystack” means a vessel storage facility or building
79 in which storage spaces for vessels are available for use by the
80 public on a first-come, first-served basis with no automatic
81 renewal rights or conditions. The term excludes storage that is
82 purchased, received, or rented as a result of homeownership or
83 tenancy.
84 (e) “Land used predominantly for commercial fishing
85 purposes” means land used in good faith in a venture for-profit
86 commercial fishing operation for the taking or harvesting of
87 freshwater fish or saltwater products, as defined in s. 379.101,
88 for which a commercial license to take, harvest, or sell such
89 fish or products is required under chapter 379, or land used in
90 an aquaculture operation authorized under ss. 253.67-253.75.
91 (f) “Marina” means a licensed commercial facility that
92 provides secured public moorings or drystacks for vessels on a
93 first-come, first-served basis and with no automatic renewal
94 rights or conditions. The term excludes mooring or storage that
95 is purchased, received, or rented as a result of homeownership
96 or tenancy.
97 (g) “Marine manufacturing facility” means a facility that
98 manufactures vessels for use in waters that are navigable.
99 (h) “Marine vessel construction and repair facility” means
100 a facility that constructs and repairs vessels that travel over
101 waters that are navigable, including, but not limited to,
102 shipyards and boatyards. As used in this section, the term
103 “repair” includes retrofitting and maintenance of vessels.
104 (i) “Open to the public” means for hire to the general
105 public and accessible during normal operating hours.
106 (j) “Support facility” means a facility that typically is
107 colocated with marine vessel construction and repair facilities,
108 including, but not limited to, shops, equipment, and salvage
109 facilities.
110 (k) “Water-dependent” means that the operations of a
111 facility require direct access to water.
112 (l) “Waterfront” means property that is on, over, or
113 abutting waters that are navigable.
114 (m) “Waters that are navigable” means any body of water
115 that is subject to the ebb and flow of the tide, connects with
116 continuous interstate waterway, has navigable capacity, and is
117 actually navigable.
118 (2) CLASSIFICATION AND ASSESSMENT; LOSS; PENALTY.—
119 (a) The following waterfront properties are eligible for
120 classification as working waterfront property:
121 1. Land used predominantly for commercial fishing purposes.
122 2. Land that is accessible to the public and used for
123 vessel launches into waters that are navigable.
124 3. Marinas and drystacks that are open to the public.
125 4. Water-dependent marine manufacturing facilities.
126 5. Water-dependent commercial fishing facilities.
127 6. Water-dependent marine vessel construction and repair
128 facilities and their support facilities.
129 (b) Property classified as working waterfront property
130 under this section shall be assessed on the basis of current
131 use. The assessed value shall be calculated using the income
132 approach to value, and using a capitalization rate based upon
133 the debt coverage ratio formula. The capitalization rate shall
134 be calculated and updated annually. The capitalization rate
135 shall be based on data that is county specific unless
136 insufficient data is available, in which case the property
137 appraisers shall use data from counties with similar conditions
138 and characteristics, or data provided by the department. The
139 condition and size of the property shall also be taken into
140 account when assessing the property.
141 (c)1. Property may not be classified as working waterfront
142 property unless an application for such classification is filed
143 with the property appraiser on or before March 1 of each year in
144 the county in which the property is located. Before approving
145 such classification, the property appraiser may require the
146 applicant to establish that the property is actually used as
147 required under this section. The property appraiser may require
148 the applicant to furnish the property appraiser such information
149 as may reasonably be required to establish that such property
150 was actually used for working waterfront purposes, and to
151 establish the classified use value of the property, including
152 income and expense data. The owner or lessee of property
153 classified as working waterfront property in the prior year may
154 reapply on a short form provided by the Department of Revenue.
155 The lessee of property may make original application or reapply
156 on a short form if the lease, or an affidavit executed by the
157 owner, provides that the lessee is empowered to make application
158 for the working waterfront classification on behalf of the owner
159 and a copy of the lease or affidavit accompanies the
160 application. An applicant may withdraw an application on or
161 before the 25th day following the mailing of the notice of
162 proposed property taxes pursuant to s. 200.069 in the year the
163 application was filed.
164 2. Failure by a property owner or lessee to apply for a
165 classification as working waterfront property by March 1 shall
166 constitute a waiver for 1 year of the privilege granted in this
167 section. However, a person who is qualified to receive a working
168 waterfront classification but who fails to timely apply for
169 classification may file an application for classification with
170 the property appraiser. Upon review of the application, if the
171 applicant is qualified to receive the classification and
172 demonstrates particular extenuating circumstances that warrant
173 the classification, the property appraiser may grant the
174 classification.
175 3. A county, at the request of the property appraiser and
176 by a majority vote of its governing body, may waive the
177 requirement that an annual application or short form be filed
178 with the property appraiser for renewal of the classification of
179 property within the county as working waterfront property. Such
180 waiver may be revoked by a majority of the county governing
181 body.
182 4. Notwithstanding subparagraph 2., a new application for
183 classification as working waterfront property must be filed with
184 the property appraiser whenever any property granted the
185 classification as working waterfront property is sold or
186 otherwise disposed of, whenever ownership or the lessee changes
187 in any manner, whenever the owner or the lessee ceases to use
188 the property as working waterfront property, or whenever the
189 status of the owner or the lessee changes so as to change the
190 classified status of the property.
191 5. The property appraiser shall remove from the
192 classification as working waterfront property any property for
193 which the classified use has been abandoned or discontinued, or
194 the property has been diverted to an unclassified use. Such
195 removed property shall be assessed at just value as provided in
196 s. 193.011.
197 6.a. The owner of any property classified as working
198 waterfront property who is not required to file an annual
199 application under this section, and the lessee if the
200 application was made by the lessee, shall notify the property
201 appraiser promptly whenever the use of the property or the
202 status or condition of the owner or lessee changes, so as to
203 change the classified status of the property. If any such
204 property owner or lessee fails to notify the property appraiser
205 and the property appraiser determines that for any year within
206 the prior 10 years the owner was not entitled to receive such
207 classification, the owner of the property is subject to taxes
208 otherwise due and owing as a result of such failure plus 15
209 percent interest per annum and a penalty of 50 percent of the
210 additional taxes owed. However, the penalty may be waived if the
211 owner or lessee can demonstrate that they took reasonable care
212 to notify the property appraiser of the change in use, status,
213 or condition of the property.
214 b. The property appraiser making such determination shall
215 record in the public records of the county in which the working
216 waterfront property is located a notice of tax lien against any
217 property owned by the working waterfront property owner, and
218 such property must be identified in the notice of tax lien. Such
219 property is subject to the payment of all taxes and penalties.
220 Such lien, when filed, attaches to any property identified in
221 the notice of tax lien owned by the person or entity that
222 illegally or improperly received the classification. If such
223 person or entity no longer owns property in that county but owns
224 property in another county or counties in the state, the
225 property appraiser shall record in such other county or counties
226 a notice of tax lien identifying the property owned by the
227 working waterfront property owner in such county or counties
228 which shall become a lien against the identified property.
229 7. When a parcel receiving a working waterfront
230 classification contains facilities or vacant land not eligible
231 to be classified as a working waterfront property under this
232 subsection, the facilities and their curtilage, as well as the
233 vacant land, must be assessed separately as provided in s.
234 193.011.
235 8. The property appraiser shall have available at his or
236 her office a list by ownership of all applications for
237 classification as working waterfront property received, showing
238 the acreage, the full valuation under s. 193.011, the value of
239 the land under the provisions of this subsection, and whether or
240 not the classification was granted.
241 (3) DENIAL OF CLASSIFICATION; APPEAL.—
242 (a) The property appraiser shall notify an applicant for a
243 working waterfront classification in writing of a denial of an
244 application for such classification on or before July 1 of the
245 year for which the application was filed. The notification shall
246 advise the applicant of his or her right to appeal to the value
247 adjustment board and of the appeal filing deadline.
248 (b) Any applicant whose application for classification as
249 working waterfront property is denied by the property appraiser
250 may appeal to the value adjustment board by filing a petition
251 requesting that the classification be granted. The petition may
252 be filed on or before the 25th day following the mailing of the
253 assessment notice by the property appraiser as required under s.
254 194.011(1). Notwithstanding the provisions of s. 194.013, the
255 petitioner shall pay a nonrefundable fee of $15 upon filing the
256 petition. Upon the value adjustment board’s review of the
257 petition, if the petitioner is qualified to receive the
258 classification and demonstrates particular extenuating
259 circumstances which warrant granting the classification, the
260 value adjustment board may grant the petition and
261 classification.
262 (c) A denial of a petition for classification by the value
263 adjustment board may be appealed to a court of competent
264 jurisdiction.
265 (d)1. Property that has received a working waterfront
266 classification from the value adjustment board or a court of
267 competent jurisdiction under this subsection is entitled to
268 receive such classification in any subsequent year until such
269 use is changed, abandoned or discontinued, or the ownership
270 changes in any manner as provided in subparagraph (2)(c)4. The
271 property appraiser shall, no later than January 31 of each year,
272 provide notice to the property owner or lessee receiving a
273 classification under this subsection requiring the property
274 owner or a lessee qualified to make application to certify that
275 the ownership and the use of the property has not changed. The
276 department shall prescribe by rule the form of the notice to be
277 used by the property appraiser.
278 2. If a county has waived the requirement that an annual
279 application or short form be filed for classification of the
280 property under subsection (2), the county may, by majority vote
281 of its governing body, waive the notice and certification
282 requirements of this paragraph and shall provide the property
283 owner or lessee with the same notification as provided to
284 property owners granted a working waterfront classification by
285 the property appraiser. Such waiver may be revoked by a majority
286 vote of the county governing body.
287 Section 2. Subsection (1) of section 195.073, Florida
288 Statutes, is amended to read:
289 195.073 Classification of property.—All items required by
290 law to be on the assessment rolls must receive a classification
291 based upon the use of the property. The department shall
292 promulgate uniform definitions for all classifications. The
293 department may designate other subclassifications of property.
294 No assessment roll may be approved by the department which does
295 not show proper classifications.
296 (1) Real property must be classified according to the
297 assessment basis of the land into the following classes:
298 (a) Residential, subclassified into categories, one
299 category for homestead property and one for nonhomestead
300 property:
301 1. Single family.
302 2. Mobile homes.
303 3. Multifamily.
304 4. Condominiums.
305 5. Cooperatives.
306 6. Retirement homes.
307 (b) Commercial and industrial.
308 (c) Agricultural.
309 (d) Nonagricultural acreage.
310 (e) High-water recharge.
311 (f) Historic property used for commercial or certain
312 nonprofit purposes.
313 (g) Exempt, wholly or partially.
314 (h) Centrally assessed.
315 (i) Leasehold interests.
316 (j) Time-share property.
317 (k) Working waterfront property.
318 (l) Other.
319 Section 3. Paragraph (j) of subsection (3) of section
320 259.105, Florida Statutes, is amended to read:
321 259.105 The Florida Forever Act.—
322 (3) Less the costs of issuing and the costs of funding
323 reserve accounts and other costs associated with bonds, the
324 proceeds of cash payments or bonds issued pursuant to this
325 section shall be deposited into the Florida Forever Trust Fund
326 created by s. 259.1051. The proceeds shall be distributed by the
327 Department of Environmental Protection in the following manner:
328 (j) Two and five-tenths percent to the Department of
329 Community Affairs for the acquisition of land and capital
330 project expenditures necessary to implement the Stan Mayfield
331 Commercial Waterfront Restoration and Preservation Working
332 Waterfronts Program within the Florida Communities Trust
333 pursuant to s. 380.5105.
334 Section 4. Paragraph (a) of subsection (3) of section
335 380.502, Florida Statutes, is amended to read:
336 380.502 Legislative findings and intent.—
337 (3) It is the intent of the Legislature to establish a
338 nonregulatory agency that will assist local governments in
339 bringing local comprehensive plans into compliance and
340 implementing the goals, objectives, and policies of the
341 conservation, recreation and open space, and coastal elements of
342 local comprehensive plans, or in conserving natural resources
343 and resolving land use conflicts by:
344 (a) Responding promptly and creatively to opportunities to
345 correct undesirable development patterns, restore degraded
346 natural areas, enhance resource values, restore deteriorated or
347 deteriorating urban waterfronts, restore and preserve commercial
348 waterfront property working waterfronts, reserve lands for later
349 purchase, participate in and promote the use of innovative land
350 acquisition methods, and provide public access to surface
351 waters.
352 Section 5. Subsection (18) of section 380.503, Florida
353 Statutes, is amended to read:
354 380.503 Definitions.—As used in ss. 380.501-380.515, unless
355 the context indicates a different meaning or intent:
356 (18) “Working waterfront” means:
357 (a) A parcel or parcels of land directly used for the
358 purposes of the commercial harvest of marine organisms or
359 saltwater products by state-licensed commercial fishermen,
360 aquaculturists, or business entities, including piers, wharves,
361 docks, or other facilities operated to provide waterfront access
362 to licensed commercial fishermen, aquaculturists, or business
363 entities; or
364 (b) A parcel or parcels of land used for exhibitions,
365 demonstrations, educational venues, civic events, and other
366 purposes that promote and educate the public about economic,
367 cultural, and historic heritage of Florida’s traditional working
368 waterfronts, including the marketing of the seafood and
369 aquaculture industries.
370 Section 6. Subsections (2), (6), (7), and (11) of section
371 380.507, Florida Statutes, are amended to read:
372 380.507 Powers of the trust.—The trust shall have all the
373 powers necessary or convenient to carry out the purposes and
374 provisions of this part, including:
375 (2) To undertake, coordinate, or fund activities and
376 projects which will help bring local comprehensive plans into
377 compliance and help implement the goals, objectives, and
378 policies of the conservation, recreation and open space, and
379 coastal elements of local comprehensive plans, or which will
380 otherwise serve to conserve natural resources and resolve land
381 use conflicts, including, but not limited to:
382 (a) Redevelopment projects.
383 (b) Resource enhancement projects.
384 (c) Public access projects.
385 (d) Urban waterfront restoration projects.
386 (e) Site reservation.
387 (f) Urban greenways and open space projects.
388 (g) Commercial waterfront restoration and preservation
389 projects under s. 380.5105 Working waterfronts.
390 (6) Except as provided in s. 380.5105, to award grants and
391 make loans to local governments and nonprofit organizations for
392 the purposes listed in subsection (2) and for acquiring fee
393 title and less than fee title, such as conservation easements or
394 other interests in land, for the purposes of this part.
395 (7) Except as provided in s. 380.5105, to provide by grant
396 or loan up to the total cost of any project approved according
397 to this part, including the local share of federally supported
398 projects. The trust may require local funding participation in
399 projects. The trust shall determine the funding it will provide
400 by considering the total amount of funding available for the
401 project, the fiscal resources of other project participants, the
402 urgency of the project relative to other eligible projects, and
403 other factors which the trust shall have prescribed by rule. The
404 trust may fund up to 100 percent of any local government land
405 acquisition costs, if part of an approved project.
406 (11) Except as provided in s. 380.5105, to make rules
407 necessary to carry out the purposes of this part and to exercise
408 any power granted in this part, pursuant to the provisions of
409 chapter 120. The trust shall adopt rules governing the
410 acquisition of lands using proceeds from the Preservation 2000
411 Trust Fund and the Florida Forever Trust Fund, consistent with
412 the intent expressed in the Florida Forever Act. Such rules for
413 land acquisition must include, but are not limited to,
414 procedures for appraisals and confidentiality consistent with
415 ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
416 determining a maximum purchase price, and procedures to assure
417 that the land is acquired in a voluntarily negotiated
418 transaction, surveyed, conveyed with marketable title, and
419 examined for hazardous materials contamination. Land acquisition
420 procedures of a local land authority created pursuant to s.
421 380.0663 or s. 380.0677 may be used for the land acquisition
422 programs described by ss. 259.101(3)(c) and 259.105 if within
423 areas of critical state concern designated pursuant to s.
424 380.05, subject to approval of the trust.
425 Section 7. Paragraphs (e) and (f) of subsection (4) of
426 section 380.508, Florida Statutes, are amended to read:
427 380.508 Projects; development, review, and approval.—
428 (4) Projects or activities which the trust undertakes,
429 coordinates, or funds in any manner shall comply with the
430 following guidelines:
431 (e) The purpose of working waterfront projects shall be to
432 restore and preserve working waterfronts as provided in s.
433 380.5105.
434 (e)(f) The trust shall cooperate with local governments,
435 state agencies, federal agencies, and nonprofit organizations in
436 ensuring the reservation of lands for parks, recreation, fish
437 and wildlife habitat, historical preservation, or scientific
438 study. In the event that any local government, state agency,
439 federal agency, or nonprofit organization is unable, due to
440 limited financial resources or other circumstances of a
441 temporary nature, to acquire a site for the purposes described
442 in this paragraph, the trust may acquire and hold the site for
443 subsequent conveyance to the appropriate governmental agency or
444 nonprofit organization. The trust may provide such technical
445 assistance as is required to aid local governments, state and
446 federal agencies, and nonprofit organizations in completing
447 acquisition and related functions. The trust shall not reserve
448 lands acquired in accordance with this paragraph for more than 5
449 years from the time of acquisition. A local government, federal
450 or state agency, or nonprofit organization may acquire the land
451 at any time during this period for public purposes. The purchase
452 price shall be based upon the trust’s cost of acquisition, plus
453 administrative and management costs in reserving the land. The
454 payment of this purchase price shall be by money, trust-approved
455 property of an equivalent value, or a combination of money and
456 trust-approved property. If, after the 5-year period, the trust
457 has not sold to a governmental agency or nonprofit organization
458 land acquired for site reservation, the trust shall dispose of
459 such land at fair market value or shall trade it for other land
460 of comparable value which will serve to accomplish the purposes
461 of this part. Any proceeds from the sale of such land shall be
462 deposited in the Florida Communities Trust Fund.
463
464 Project costs may include costs of providing parks, open space,
465 public access sites, scenic easements, and other areas and
466 facilities serving the public where such features are part of a
467 project plan approved according to this part. In undertaking or
468 coordinating projects or activities authorized by this part, the
469 trust shall, when appropriate, use and promote the use of
470 creative land acquisition methods, including the acquisition of
471 less than fee interest through, among other methods,
472 conservation easements, transfer of development rights, leases,
473 and leaseback arrangements. The trust also shall assist local
474 governments in the use of sound alternative methods of financing
475 for funding projects and activities authorized by this part. Any
476 funds over and above eligible project costs, which remain after
477 completion of a project approved according to this part, shall
478 be transmitted to the state and deposited in the Florida
479 Communities Trust Fund.
480 Section 8. Section 380.5105, Florida Statutes, is amended
481 to read:
482 380.5105 The Stan Mayfield Commercial Waterfront
483 Restoration and Preservation Program Working Waterfronts;
484 Florida Forever program.—
485 (1) As used in this section, the term “commercial
486 waterfront” means real or improved property that provides direct
487 access for water-dependent commercial activities. The term does
488 not include seaports or any property classified as working
489 waterfront property under s. 193.7041. Water-dependent
490 commercial activities include, but are not limited to,
491 aquaculturists, docks, wharves, piers, wet or dry marinas, boat
492 ramps, boat hauling facilities, and boat repair facilities that
493 are not eligible for classification as working waterfront
494 property under s. 193.7041 and s. 4(j), Art. VII of the State
495 Constitution.
496 (2)(1) Notwithstanding any other provision of this chapter,
497 it is the intent of the Legislature that the Florida Communities
498 Trust shall administer the commercial waterfront restoration and
499 preservation working waterfronts program as set forth in this
500 section.
501 (3)(2) The Florida Communities Trust and the Department of
502 Agriculture and Consumer Services shall jointly develop and
503 adopt rules specifically establishing the procedures to be
504 followed for acquisitions under this section which use Florida
505 Forever funds provided to the trust under s. 259.105 and rules
506 to develop an application process and a process to evaluate,
507 score, and rank commercial waterfront restoration and
508 preservation for the evaluation, scoring and ranking of working
509 waterfront acquisition projects. The proposed rules jointly
510 developed pursuant to this subsection shall be promulgated by
511 the trust. Such rules shall establish a system of weighted
512 criteria to give increased priority to projects:
513 (a) Within a municipality with a population less than
514 30,000;
515 (b) Within a municipality or area under intense growth and
516 development pressures, as evidenced by a number of factors,
517 including a determination that the municipality’s growth rate
518 exceeds the average growth rate for the state;
519 (c) Within the boundary of a community redevelopment agency
520 established pursuant to s. 163.356;
521 (d) Adjacent to state-owned submerged lands designated as
522 an aquatic preserve identified in s. 258.39; or
523 (e) That provide a demonstrable benefit to the local
524 economy.
525 (4)(3) For projects that will require more than the grant
526 amount awarded for completion, the county or municipality
527 applicant must identify in the their project application funding
528 sources that will provide the difference between the grant award
529 and the estimated project completion cost. Such rules may be
530 incorporated into those developed pursuant to s. 380.507(11).
531 (5)(4) The trust shall develop a ranking list based on
532 criteria identified in subsection (2) for proposed fee simple
533 and less-than-fee simple acquisition projects proposed for
534 acquisition under developed pursuant to this section. The trust
535 shall, by the first meeting of the Board of Trustees of the
536 Internal Improvement Trust Fund meeting in February of each
537 year, present the ranking list pursuant to this section to the
538 board of trustees for final approval of projects for funding.
539 The board of trustees may remove projects from the ranking list
540 but may not add projects.
541 (6)(5) Grant awards, acquisition approvals, and terms of
542 fee simple and less-than-fee acquisitions shall be approved by
543 the trust. Counties and municipalities Waterfront communities
544 that receive grant awards must submit annual progress reports to
545 the trust identifying completed project activities which are
546 complete, and the progress achieved in meeting the goals
547 outlined in the project application. The trust must implement a
548 process to monitor and evaluate the performance of grant
549 recipients in completing projects that are funded through the
550 commercial waterfront restoration and preservation working
551 waterfronts program.
552 Section 9. This act shall take effect July 1, 2009.