HB 1047

1	A bill to be entitled
2	An act relating to the City of Clearwater, Pinellas
3	County; providing for use of specified city-owned property
4	for recreational and commercial working waterfronts;
5	providing for use of revenue from specified city-owned
6	property; providing for development of specified city-
7	owned property consistent with the Florida Coastal
8	Management Program, the Waterfronts Florida Program, the
9	city comprehensive plan and code of ordinances, and other
10	applicable law; providing for preservation of referendum
11	requirement of use of certain city-owned property;
12	requiring a referendum for lease, license, sale, or
13	transfer of certain land and for any alteration to
14	existing public land use map designation for such land;
15	providing an effective date.
16
17	WHEREAS, the right-of-way for the causeway to Clearwater
18	Beach known as Memorial Causeway, including certain adjacent
19	submerged lands, was granted to the City of Clearwater under
20	chapter 11050, Laws of Florida, 1925, to be owned and maintained
21	as provided in that act, and
22	WHEREAS, chapter 2007-312, Laws of Florida, ratified
23	existing uses as consistent with the original grant and
24	reiterating certain restrictions on such uses, and
25	WHEREAS, the Legislature recognizes an important state
26	interest in maintaining viable water-dependent support
27	facilities, as well as providing access to the state's navigable
28	waters as a vital conduit for commerce, transportation of goods,
29	and maintaining and enhancing the annual $71 billion economic
30	impact of tourism and boating, and
31	WHEREAS, the City of Clearwater wishes to address the
32	physical and economic decline of its existing coastal and
33	working waterfront areas by revitalizing its waterfront as a
34	recreational and commercial working waterfront, and
35	WHEREAS, the City of Clearwater has taken the requisite
36	action to revitalize its coastal and waterfront areas by
37	implementing sections 197.303-197.3047, Florida Statutes, 2005,
38	as subsequently amended, through adoption of tax deferrals for
39	recreational and commercial working waterfront properties and
40	amending its comprehensive plan, which implements both a future
41	land use element requiring that redevelopment activities be
42	sensitive to the city's waterfront and promote public access to
43	the city's waterfront resources and a coastal management element
44	encouraging the preservation of recreational and commercial
45	working waterfronts and marinas and other water-dependent
46	facilities, and
47	WHEREAS, the city wishes to expand such revitalization
48	efforts consistent with the Florida Coastal Management Program
49	and the Waterfronts Florida Program and provide for the limited
50	elimination of reversion provisions that inherently conflict
51	with the city's working waterfront and coastal revitalization
52	efforts contained in the 1925 special act and chapter 2007-312,
53	Laws of Florida, NOW, THEREFORE,
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  The City of Clearwater may authorize the use of
58	the filled upland portion of the property described in chapter
59	11050, Laws of Florida, 1925, for purposes of recreational and
60	commercial working waterfronts as defined in section 342.07,
61	Florida Statutes, thereby providing access for the public to the
62	navigable waters of the state, and providing access to water-
63	dependent commercial activities.
64	Section 2.  Submerged portions of the property granted to
65	the City of Clearwater under chapter 11050, Laws of Florida,
66	1925, shall continue to be used as provided for in chapter
67	11050, Laws of Florida, 1925, and chapter 2007-312, Laws of
68	Florida, and the city shall use any revenue generated by public
69	or private use of the submerged land to fund water-related
70	activities for the benefit of the public.
71	Section 3.  Any filled portion of the lands granted under
72	chapter 11050, Laws of Florida, 1925, currently existing as
73	uplands to the west of the east abutment of the west bridge,
74	shall be used and developed in accordance with the Florida
75	Coastal Management Program, the Waterfronts Florida Program, the
76	City of Clearwater Comprehensive Plan, the City of Clearwater
77	Code of Ordinances, and other applicable law, and are hereby
78	released from a right of reverter to the extent that the use and
79	development of the property are consistent therewith.
80	Section 4.  This act shall not modify or supersede any
81	provision of the Charter of the City of Clearwater concerning
82	the requirement of a referendum for the use of waterfront
83	property that is owned by the City of Clearwater.
84	Section 5.  (1)  Any lease or license of the land for a new
85	purpose for a period longer than 30 years, or any sale or
86	transfer, other than utility easements, of the land or any
87	portion thereof, with respect to any filled portion of the lands
88	granted under chapter 11050, Laws of Florida, 1925, and chapter
89	2007-312, Laws of Florida, that currently exist as uplands upon
90	which the City of Clearwater Beach Marina exists, must be
91	approved at a referendum by vote of the electors of the City of
92	Clearwater voting in such referendum.
93	(2)  Additionally, if that portion of filled lands granted
94	under chapter 11050, Laws of Florida, 1925, and chapter 2007-
95	312, Laws of Florida, that currently exist as uplands upon which
96	the City of Clearwater Beach Marina exists is altered from
97	existing public land use map designation, such change must first
98	be approved at a referendum by vote of the electors of the City
99	of Clearwater voting in such referendum.
100	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.