CS for CS for SB 1468                     Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20091468e2
       
    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.
  132         1. If appropriate to the property, the assessed value shall
  133  be calculated using the income approach to value, and using a
  134  capitalization rate based upon the debt coverage ratio formula.
  135  The capitalization rate shall be calculated and updated
  136  annually. The capitalization rate shall be based on data that is
  137  county specific unless insufficient data is available, in which
  138  case the property appraisers shall use data from counties with
  139  similar conditions and characteristics, or data provided by the
  140  department. The condition and size of the property shall also be
  141  taken into account when assessing the property.
  142         2. In assessing property for which the methodology in 1. is
  143  not appropriate, the property appraiser shall consider only the
  144  following factors:
  145         a. The condition of the property.
  146         b. The present market value of the property in its current
  147  use.
  148         c. The income produced by the property.
  149         3.  In no event shall the assessed value of the property
  150  exceed just value.
  151         (c)1.Property may not be classified as working waterfront
  152  property unless an application for such classification is filed
  153  with the property appraiser on or before March 1 of each year in
  154  the county in which the property is located. Before approving
  155  such classification, the property appraiser may require the
  156  applicant to establish that the property is actually used as
  157  required under this section. The property appraiser may require
  158  the applicant to furnish the property appraiser such information
  159  as may reasonably be required to establish that such property
  160  was actually used for working waterfront purposes, and to
  161  establish the classified use value of the property, including
  162  income and expense data. The owner or lessee of property
  163  classified as working waterfront property in the prior year may
  164  reapply on a short form provided by the Department of Revenue.
  165  The lessee of property may make original application or reapply
  166  on a short form if the lease, or an affidavit executed by the
  167  owner, provides that the lessee is empowered to make application
  168  for the working waterfront classification on behalf of the owner
  169  and a copy of the lease or affidavit accompanies the
  170  application. An applicant may withdraw an application on or
  171  before the 25th day following the mailing of the notice of
  172  proposed property taxes pursuant to s. 200.069 in the year the
  173  application was filed.
  174         2. Failure by a property owner or lessee to apply for a
  175  classification as working waterfront property by March 1 shall
  176  constitute a waiver for 1 year of the privilege granted in this
  177  section. However, a person who is qualified to receive a working
  178  waterfront classification but who fails to timely apply for
  179  classification may file an application for classification with
  180  the property appraiser. Upon review of the application, if the
  181  applicant is qualified to receive the classification and
  182  demonstrates particular extenuating circumstances that warrant
  183  the classification, the property appraiser may grant the
  184  classification.
  185         3. A county, at the request of the property appraiser and
  186  by a majority vote of its governing body, may waive the
  187  requirement that an annual application or short form be filed
  188  with the property appraiser for renewal of the classification of
  189  property within the county as working waterfront property. Such
  190  waiver may be revoked by a majority of the county governing
  191  body.
  192         4. Notwithstanding subparagraph 2., a new application for
  193  classification as working waterfront property must be filed with
  194  the property appraiser whenever any property granted the
  195  classification as working waterfront property is sold or
  196  otherwise disposed of, whenever ownership or the lessee changes
  197  in any manner, whenever the owner or the lessee ceases to use
  198  the property as working waterfront property, or whenever the
  199  status of the owner or the lessee changes so as to change the
  200  classified status of the property.
  201         5. The property appraiser shall remove from the
  202  classification as working waterfront property any property for
  203  which the classified use has been abandoned or discontinued, or
  204  the property has been diverted to an unclassified use. Such
  205  removed property shall be assessed at just value as provided in
  206  s. 193.011.
  207         6.a. The owner of any property classified as working
  208  waterfront property who is not required to file an annual
  209  application under this section, and the lessee if the
  210  application was made by the lessee, shall notify the property
  211  appraiser promptly whenever the use of the property or the
  212  status or condition of the owner or lessee changes, so as to
  213  change the classified status of the property. If any such
  214  property owner or lessee fails to notify the property appraiser
  215  and the property appraiser determines that for any year within
  216  the prior 10 years the owner was not entitled to receive such
  217  classification, the owner of the property is subject to taxes
  218  otherwise due and owing as a result of such failure plus 15
  219  percent interest per annum and a penalty of 50 percent of the
  220  additional taxes owed. However, the penalty may be waived if the
  221  owner or lessee can demonstrate that they took reasonable care
  222  to notify the property appraiser of the change in use, status,
  223  or condition of the property.
  224         b. The property appraiser making such determination shall
  225  record in the public records of the county in which the working
  226  waterfront property is located a notice of tax lien against any
  227  property owned by the working waterfront property owner, and
  228  such property must be identified in the notice of tax lien. Such
  229  property is subject to the payment of all taxes and penalties.
  230  Such lien, when filed, attaches to any property identified in
  231  the notice of tax lien owned by the person or entity that
  232  illegally or improperly received the classification. If such
  233  person or entity no longer owns property in that county but owns
  234  property in another county or counties in the state, the
  235  property appraiser shall record in such other county or counties
  236  a notice of tax lien identifying the property owned by the
  237  working waterfront property owner in such county or counties
  238  which shall become a lien against the identified property.
  239         7. When a parcel receiving a working waterfront
  240  classification contains facilities or vacant land not eligible
  241  to be classified as a working waterfront property under this
  242  subsection, the facilities and their curtilage, as well as the
  243  vacant land, must be assessed separately as provided in s.
  244  193.011.
  245         8. The property appraiser shall have available at his or
  246  her office a list by ownership of all applications for
  247  classification as working waterfront property received, showing
  248  the acreage, the full valuation under s. 193.011, the value of
  249  the land under the provisions of this subsection, and whether or
  250  not the classification was granted.
  251         (3) DENIAL OF CLASSIFICATION; APPEAL.—
  252         (a) The property appraiser shall notify an applicant for a
  253  working waterfront classification in writing of a denial of an
  254  application for such classification on or before July 1 of the
  255  year for which the application was filed. The notification shall
  256  advise the applicant of his or her right to appeal to the value
  257  adjustment board and of the appeal filing deadline.
  258         (b) Any applicant whose application for classification as
  259  working waterfront property is denied by the property appraiser
  260  may appeal to the value adjustment board by filing a petition
  261  requesting that the classification be granted. The petition may
  262  be filed on or before the 25th day following the mailing of the
  263  assessment notice by the property appraiser as required under s.
  264  194.011(1). Notwithstanding the provisions of s. 194.013, the
  265  petitioner shall pay a nonrefundable fee of $15 upon filing the
  266  petition. Upon the value adjustment board’s review of the
  267  petition, if the petitioner is qualified to receive the
  268  classification and demonstrates particular extenuating
  269  circumstances which warrant granting the classification, the
  270  value adjustment board may grant the petition and
  271  classification.
  272         (c) A denial of a petition for classification by the value
  273  adjustment board may be appealed to a court of competent
  274  jurisdiction.
  275         (d)1. Property that has received a working waterfront
  276  classification from the value adjustment board or a court of
  277  competent jurisdiction under this subsection is entitled to
  278  receive such classification in any subsequent year until such
  279  use is changed, abandoned or discontinued, or the ownership
  280  changes in any manner as provided in subparagraph (2)(c)4. The
  281  property appraiser shall, no later than January 31 of each year,
  282  provide notice to the property owner or lessee receiving a
  283  classification under this subsection requiring the property
  284  owner or a lessee qualified to make application to certify that
  285  the ownership and the use of the property has not changed. The
  286  department shall prescribe by rule the form of the notice to be
  287  used by the property appraiser.
  288         2. If a county has waived the requirement that an annual
  289  application or short form be filed for classification of the
  290  property under subsection (2), the county may, by majority vote
  291  of its governing body, waive the notice and certification
  292  requirements of this paragraph and shall provide the property
  293  owner or lessee with the same notification as provided to
  294  property owners granted a working waterfront classification by
  295  the property appraiser. Such waiver may be revoked by a majority
  296  vote of the county governing body.
  297         Section 2. Subsection (1) of section 195.073, Florida
  298  Statutes, is amended to read:
  299         195.073 Classification of property.—All items required by
  300  law to be on the assessment rolls must receive a classification
  301  based upon the use of the property. The department shall
  302  promulgate uniform definitions for all classifications. The
  303  department may designate other subclassifications of property.
  304  No assessment roll may be approved by the department which does
  305  not show proper classifications.
  306         (1) Real property must be classified according to the
  307  assessment basis of the land into the following classes:
  308         (a) Residential, subclassified into categories, one
  309  category for homestead property and one for nonhomestead
  310  property:
  311         1. Single family.
  312         2. Mobile homes.
  313         3. Multifamily.
  314         4. Condominiums.
  315         5. Cooperatives.
  316         6. Retirement homes.
  317         (b) Commercial and industrial.
  318         (c) Agricultural.
  319         (d) Nonagricultural acreage.
  320         (e) High-water recharge.
  321         (f) Historic property used for commercial or certain
  322  nonprofit purposes.
  323         (g) Exempt, wholly or partially.
  324         (h) Centrally assessed.
  325         (i) Leasehold interests.
  326         (j) Time-share property.
  327         (k) Working waterfront property.
  328         (l) Other.
  329         Section 3. Paragraph (j) of subsection (3) of section
  330  259.105, Florida Statutes, is amended to read:
  331         259.105 The Florida Forever Act.—
  332         (3) Less the costs of issuing and the costs of funding
  333  reserve accounts and other costs associated with bonds, the
  334  proceeds of cash payments or bonds issued pursuant to this
  335  section shall be deposited into the Florida Forever Trust Fund
  336  created by s. 259.1051. The proceeds shall be distributed by the
  337  Department of Environmental Protection in the following manner:
  338         (j) Two and five-tenths percent to the Department of
  339  Community Affairs for the acquisition of land and capital
  340  project expenditures necessary to implement the Stan Mayfield
  341  Commercial Waterfront Restoration and Preservation Working
  342  Waterfronts Program within the Florida Communities Trust
  343  pursuant to s. 380.5105.
  344         Section 4. Paragraph (a) of subsection (3) of section
  345  380.502, Florida Statutes, is amended to read:
  346         380.502 Legislative findings and intent.—
  347         (3) It is the intent of the Legislature to establish a
  348  nonregulatory agency that will assist local governments in
  349  bringing local comprehensive plans into compliance and
  350  implementing the goals, objectives, and policies of the
  351  conservation, recreation and open space, and coastal elements of
  352  local comprehensive plans, or in conserving natural resources
  353  and resolving land use conflicts by:
  354         (a) Responding promptly and creatively to opportunities to
  355  correct undesirable development patterns, restore degraded
  356  natural areas, enhance resource values, restore deteriorated or
  357  deteriorating urban waterfronts, restore and preserve commercial
  358  waterfront property working waterfronts, reserve lands for later
  359  purchase, participate in and promote the use of innovative land
  360  acquisition methods, and provide public access to surface
  361  waters.
  362         Section 5. Subsection (18) of section 380.503, Florida
  363  Statutes, is amended to read:
  364         380.503 Definitions.—As used in ss. 380.501-380.515, unless
  365  the context indicates a different meaning or intent:
  366         (18) “Working waterfront” means:
  367         (a) A parcel or parcels of land directly used for the
  368  purposes of the commercial harvest of marine organisms or
  369  saltwater products by state-licensed commercial fishermen,
  370  aquaculturists, or business entities, including piers, wharves,
  371  docks, or other facilities operated to provide waterfront access
  372  to licensed commercial fishermen, aquaculturists, or business
  373  entities; or
  374         (b) A parcel or parcels of land used for exhibitions,
  375  demonstrations, educational venues, civic events, and other
  376  purposes that promote and educate the public about economic,
  377  cultural, and historic heritage of Florida’s traditional working
  378  waterfronts, including the marketing of the seafood and
  379  aquaculture industries.
  380         Section 6. Subsections (2), (6), (7), and (11) of section
  381  380.507, Florida Statutes, are amended to read:
  382         380.507 Powers of the trust.—The trust shall have all the
  383  powers necessary or convenient to carry out the purposes and
  384  provisions of this part, including:
  385         (2) To undertake, coordinate, or fund activities and
  386  projects which will help bring local comprehensive plans into
  387  compliance and help implement the goals, objectives, and
  388  policies of the conservation, recreation and open space, and
  389  coastal elements of local comprehensive plans, or which will
  390  otherwise serve to conserve natural resources and resolve land
  391  use conflicts, including, but not limited to:
  392         (a) Redevelopment projects.
  393         (b) Resource enhancement projects.
  394         (c) Public access projects.
  395         (d) Urban waterfront restoration projects.
  396         (e) Site reservation.
  397         (f) Urban greenways and open space projects.
  398         (g) Commercial waterfront restoration and preservation
  399  projects under s. 380.5105 Working waterfronts.
  400         (6) Except as provided in s. 380.5105, to award grants and
  401  make loans to local governments and nonprofit organizations for
  402  the purposes listed in subsection (2) and for acquiring fee
  403  title and less than fee title, such as conservation easements or
  404  other interests in land, for the purposes of this part.
  405         (7) Except as provided in s. 380.5105, to provide by grant
  406  or loan up to the total cost of any project approved according
  407  to this part, including the local share of federally supported
  408  projects. The trust may require local funding participation in
  409  projects. The trust shall determine the funding it will provide
  410  by considering the total amount of funding available for the
  411  project, the fiscal resources of other project participants, the
  412  urgency of the project relative to other eligible projects, and
  413  other factors which the trust shall have prescribed by rule. The
  414  trust may fund up to 100 percent of any local government land
  415  acquisition costs, if part of an approved project.
  416         (11) Except as provided in s. 380.5105, to make rules
  417  necessary to carry out the purposes of this part and to exercise
  418  any power granted in this part, pursuant to the provisions of
  419  chapter 120. The trust shall adopt rules governing the
  420  acquisition of lands using proceeds from the Preservation 2000
  421  Trust Fund and the Florida Forever Trust Fund, consistent with
  422  the intent expressed in the Florida Forever Act. Such rules for
  423  land acquisition must include, but are not limited to,
  424  procedures for appraisals and confidentiality consistent with
  425  ss. 125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of
  426  determining a maximum purchase price, and procedures to assure
  427  that the land is acquired in a voluntarily negotiated
  428  transaction, surveyed, conveyed with marketable title, and
  429  examined for hazardous materials contamination. Land acquisition
  430  procedures of a local land authority created pursuant to s.
  431  380.0663 or s. 380.0677 may be used for the land acquisition
  432  programs described by ss. 259.101(3)(c) and 259.105 if within
  433  areas of critical state concern designated pursuant to s.
  434  380.05, subject to approval of the trust.
  435         Section 7. Paragraphs (e) and (f) of subsection (4) of
  436  section 380.508, Florida Statutes, are amended to read:
  437         380.508 Projects; development, review, and approval.—
  438         (4) Projects or activities which the trust undertakes,
  439  coordinates, or funds in any manner shall comply with the
  440  following guidelines:
  441         (e)The purpose of working waterfront projects shall be to
  442  restore and preserve working waterfronts as provided in s.
  443  380.5105.
  444         (e)(f) The trust shall cooperate with local governments,
  445  state agencies, federal agencies, and nonprofit organizations in
  446  ensuring the reservation of lands for parks, recreation, fish
  447  and wildlife habitat, historical preservation, or scientific
  448  study. In the event that any local government, state agency,
  449  federal agency, or nonprofit organization is unable, due to
  450  limited financial resources or other circumstances of a
  451  temporary nature, to acquire a site for the purposes described
  452  in this paragraph, the trust may acquire and hold the site for
  453  subsequent conveyance to the appropriate governmental agency or
  454  nonprofit organization. The trust may provide such technical
  455  assistance as is required to aid local governments, state and
  456  federal agencies, and nonprofit organizations in completing
  457  acquisition and related functions. The trust shall not reserve
  458  lands acquired in accordance with this paragraph for more than 5
  459  years from the time of acquisition. A local government, federal
  460  or state agency, or nonprofit organization may acquire the land
  461  at any time during this period for public purposes. The purchase
  462  price shall be based upon the trust’s cost of acquisition, plus
  463  administrative and management costs in reserving the land. The
  464  payment of this purchase price shall be by money, trust-approved
  465  property of an equivalent value, or a combination of money and
  466  trust-approved property. If, after the 5-year period, the trust
  467  has not sold to a governmental agency or nonprofit organization
  468  land acquired for site reservation, the trust shall dispose of
  469  such land at fair market value or shall trade it for other land
  470  of comparable value which will serve to accomplish the purposes
  471  of this part. Any proceeds from the sale of such land shall be
  472  deposited in the Florida Communities Trust Fund.
  473  
  474  Project costs may include costs of providing parks, open space,
  475  public access sites, scenic easements, and other areas and
  476  facilities serving the public where such features are part of a
  477  project plan approved according to this part. In undertaking or
  478  coordinating projects or activities authorized by this part, the
  479  trust shall, when appropriate, use and promote the use of
  480  creative land acquisition methods, including the acquisition of
  481  less than fee interest through, among other methods,
  482  conservation easements, transfer of development rights, leases,
  483  and leaseback arrangements. The trust also shall assist local
  484  governments in the use of sound alternative methods of financing
  485  for funding projects and activities authorized by this part. Any
  486  funds over and above eligible project costs, which remain after
  487  completion of a project approved according to this part, shall
  488  be transmitted to the state and deposited in the Florida
  489  Communities Trust Fund.
  490         Section 8. Section 380.5105, Florida Statutes, is amended
  491  to read:
  492         380.5105 The Stan Mayfield Commercial Waterfront
  493  Restoration and Preservation Program Working Waterfronts;
  494  Florida Forever program.—
  495         (1)As used in this section, the term “commercial
  496  waterfront” means real or improved property that provides direct
  497  access for water-dependent commercial activities. The term does
  498  not include seaports or any property classified as working
  499  waterfront property under s. 193.7041. Water-dependent
  500  commercial activities include, but are not limited to,
  501  aquaculturists, docks, wharves, piers, wet or dry marinas, boat
  502  ramps, boat hauling facilities, and boat repair facilities that
  503  are not eligible for classification as working waterfront
  504  property under s. 193.7041 and s. 4(j), Art. VII of the State
  505  Constitution.
  506         (2)(1) Notwithstanding any other provision of this chapter,
  507  it is the intent of the Legislature that the Florida Communities
  508  Trust shall administer the commercial waterfront restoration and
  509  preservation working waterfronts program as set forth in this
  510  section.
  511         (3)(2) The Florida Communities Trust and the Department of
  512  Agriculture and Consumer Services shall jointly develop and
  513  adopt rules specifically establishing the procedures to be
  514  followed for acquisitions under this section which use Florida
  515  Forever funds provided to the trust under s. 259.105 and rules
  516  to develop an application process and a process to evaluate,
  517  score, and rank commercial waterfront restoration and
  518  preservation for the evaluation, scoring and ranking of working
  519  waterfront acquisition projects. The proposed rules jointly
  520  developed pursuant to this subsection shall be promulgated by
  521  the trust. Such rules shall establish a system of weighted
  522  criteria to give increased priority to projects:
  523         (a) Within a municipality with a population less than
  524  30,000;
  525         (b) Within a municipality or area under intense growth and
  526  development pressures, as evidenced by a number of factors,
  527  including a determination that the municipality’s growth rate
  528  exceeds the average growth rate for the state;
  529         (c) Within the boundary of a community redevelopment agency
  530  established pursuant to s. 163.356;
  531         (d) Adjacent to state-owned submerged lands designated as
  532  an aquatic preserve identified in s. 258.39; or
  533         (e) That provide a demonstrable benefit to the local
  534  economy.
  535         (4)(3) For projects that will require more than the grant
  536  amount awarded for completion, the county or municipality
  537  applicant must identify in the their project application funding
  538  sources that will provide the difference between the grant award
  539  and the estimated project completion cost. Such rules may be
  540  incorporated into those developed pursuant to s. 380.507(11).
  541         (5)(4) The trust shall develop a ranking list based on
  542  criteria identified in subsection (2) for proposed fee simple
  543  and less-than-fee simple acquisition projects proposed for
  544  acquisition under developed pursuant to this section. The trust
  545  shall, by the first meeting of the Board of Trustees of the
  546  Internal Improvement Trust Fund meeting in February of each
  547  year, present the ranking list pursuant to this section to the
  548  board of trustees for final approval of projects for funding.
  549  The board of trustees may remove projects from the ranking list
  550  but may not add projects.
  551         (6)(5) Grant awards, acquisition approvals, and terms of
  552  fee simple and less-than-fee acquisitions shall be approved by
  553  the trust. Counties and municipalities Waterfront communities
  554  that receive grant awards must submit annual progress reports to
  555  the trust identifying completed project activities which are
  556  complete, and the progress achieved in meeting the goals
  557  outlined in the project application. The trust must implement a
  558  process to monitor and evaluate the performance of grant
  559  recipients in completing projects that are funded through the
  560  commercial waterfront restoration and preservation working
  561  waterfronts program.
  562         Section 9. This act shall take effect July 1, 2009.