Florida Senate - 2010 (NP) SB 2180
By Senator Jones
13-01210B-10 20102180__
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
4 property for recreational and commercial working
5 waterfronts; providing for use of revenue from
6 specified city-owned property; providing for
7 development of specified city-owned property
8 consistent with the Florida Coastal Management
9 Program, the Waterfronts Florida Program, the city
10 comprehensive plan and code of ordinances, and other
11 applicable law; providing for preservation of
12 referendum requirement of use of certain city-owned
13 property; requiring a referendum for lease, license,
14 sale, or transfer of certain land and for any
15 alteration to existing public land use map designation
16 for such land; providing an effective date.
17
18 WHEREAS, the right-of-way for the causeway to Clearwater
19 Beach known as Memorial Causeway, including certain adjacent
20 submerged lands, was granted to the City of Clearwater under
21 chapter 11050, Laws of Florida, 1925, to be owned and maintained
22 as provided in that act, and
23 WHEREAS, chapter 2007-312, Laws of Florida, ratified
24 existing uses as consistent with the original grant and
25 reiterating certain restrictions on such uses, and
26 WHEREAS, the Legislature recognizes an important state
27 interest in maintaining viable water-dependent support
28 facilities, as well as providing access to the state’s navigable
29 waters as a vital conduit for commerce, transportation of goods,
30 and maintaining and enhancing the annual $71 billion economic
31 impact of tourism and boating, and
32 WHEREAS, the City of Clearwater wishes to address the
33 physical and economic decline of its existing coastal and
34 working waterfront areas by revitalizing its waterfront as a
35 recreational and commercial working waterfront, and
36 WHEREAS, the City of Clearwater has taken the requisite
37 action to revitalize its coastal and waterfront areas by
38 implementing sections 197.303—197.3047, Florida Statutes, 2005,
39 as subsequently amended, through adoption of tax deferrals for
40 recreational and commercial working waterfront properties and
41 amending its comprehensive plan, which implements both a future
42 land use element requiring that redevelopment activities be
43 sensitive to the city’s waterfront and promote public access to
44 the city’s waterfront resources and a coastal management element
45 encouraging the preservation of recreational and commercial
46 working waterfronts and marinas and other water-dependent
47 facilities, and
48 WHEREAS, the city wishes to expand such revitalization
49 efforts consistent with the Florida Coastal Management Program
50 and the Waterfronts Florida Program and provide for the limited
51 elimination of reversion provisions that inherently conflict
52 with the city’s working waterfront and coastal revitalization
53 efforts contained in the 1925 special act and chapter 2007-312,
54 Laws of Florida, NOW, THEREFORE,
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. The City of Clearwater may authorize the use of
59 the filled upland portion of the property described in chapter
60 11050, Laws of Florida, 1925, for purposes of recreational and
61 commercial working waterfronts as defined in section 342.07,
62 Florida Statutes, thereby providing access for the public to the
63 navigable waters of the state, and providing access to water
64 dependent commercial activities.
65 Section 2. Submerged portions of the property granted to
66 the City of Clearwater under chapter 11050, Laws of Florida,
67 1925, shall continue to be used as provided for in chapter
68 11050, Laws of Florida, 1925, and chapter 2007-312, Laws of
69 Florida, and the city shall use any revenue generated by public
70 or private use of the submerged land to fund water-related
71 activities for the benefit of the public.
72 Section 3. Any filled portion of the lands granted under
73 chapter 11050, Laws of Florida, 1925, currently existing as
74 uplands to the west of the east abutment of the west bridge,
75 shall be used and developed in accordance with the Florida
76 Coastal Management Program, the Waterfronts Florida Program, the
77 City of Clearwater Comprehensive Plan, the City of Clearwater
78 Code of Ordinances, and other applicable law, and are hereby
79 released from a right of reverter to the extent that the use and
80 development of the property are consistent therewith.
81 Section 4. This act shall not modify or supersede any
82 provision of the Charter of the City of Clearwater concerning
83 the requirement of a referendum for the use of waterfront
84 property that is owned by the City of Clearwater.
85 Section 5. (1) Any lease or license of the land for a new
86 purpose for a period longer than 30 years, or any sale or
87 transfer, other than utility easements, of the land or any
88 portion thereof, with respect to any filled portion of the lands
89 granted under chapter 11050, Laws of Florida, 1925, and chapter
90 2007-312, Laws of Florida, that currently exist as uplands upon
91 which the City of Clearwater Beach Marina exists, must be
92 approved at a referendum by vote of the electors of the City of
93 Clearwater voting in such referendum.
94 (2) Additionally, if that portion of filled lands granted
95 under chapter 11050, Laws of Florida, 1925, and chapter 2007
96 312, Laws of Florida, that currently exist as uplands upon which
97 the City of Clearwater Beach Marina exists is altered from
98 existing public land use map designation, such change must first
99 be approved at a referendum by vote of the electors of the City
100 of Clearwater voting in such referendum.
101 Section 6. This act shall take effect upon becoming a law.