March 18, 2019
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       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.

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