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									 Preservation of
 Recreational &
 Commercial Working
 Waterfronts

Provisions of Chapter 2005-157,
Laws of Florida (HB955, SB1316)
Working Waterfronts
Presentation
 2005 Legislation
 Required Comprehensive Plan
Amendments FS 163
 DCA Technical Assistance
 Conservation Clinic UF College of
Law

             K. Marlene Conaway
           Department of Community
                   Affairs
             Working Waterfronts
                 Legislation
• In 2005, the Florida Legislature passed
  House Bill 955 and Senate Bill 1316
  entitled “Waterfront Property.”

• Now codified in Ch. 2005-157, Laws of
  Florida and incorporated into various
  affected statutes

• Effective January 1, 2006
          The Legislation

• Defines Working Waterfronts.
• Amends Chapter 163 FS to require
  preservation consideration in
  Comprehensive Plans.
• Waterfront Florida Program
• Fees and permitting considerations for
  access and marinas.
• Tax deferral Incentives
Definition: Recreational and
Commercial Working Waterfront
 • “A parcel or parcels of real property that
   provide access for water-dependent
   commercial activities or provide access
   for the public to the navigable waters of
   the state.”
 • “Recreational and commercial working
   waterfronts require direct access to or
   location on, over, or adjacent to a
   navigable body of water.”
                       “Section 342.07, F.S.
Definition: Recreational and
Commercial Working Waterfront

 • “Water dependent facilities that are open
   to the public and offer public access by
   vessels to the waters of the state or that
   are support facilities for recreational,
   commercial, research, or governmental
   vessels.”
                        Section 342.07, F.S.
Definition: Recreational and
Commercial Working Waterfront

 • “Docks, wharfs, lifts, wet and dry
   marinas, boat ramps, boat hauling and
   repair facilities, commercial fishing
   facilities, boat construction facilities, and
   other support structures over the water
   are all included in the definition.”
   (Seaports are excluded from this
   definition.)
                          Section 342.07, F.S.
  Why Should Working
Waterfronts be Protected?
• Commercial
  Waterfronts
  • Historical significance for
    Florida coastal cities
  • Marine Industries
    account for an economic
    output of $14 billion per
    year
  • Provide Floridians with
    180,000 jobs
  • Bring more diversified
    economy to coastal
    communities
  Why Should Working
Waterfronts be Protected?
             • Recreational
               Waterfronts
                • Provide Floridians and
                  tourists with access to the
                  water
                • Florida has the highest
                  amount of marine recreation
                  in the US
                • Public boat ramps account
                  for an economic impact of
                  $1.3 billion per year
                • Provide Floridians with
                  25,000 jobs
                • Generate $128 million in
                  state and local tax revenue
  Some Driving Forces Behind
 Working Waterfront Conversions
• Skyrocketing coastal property values
• High and unpredictable property taxes
• Increase in regulation of commercial fishing
  to protect reduced fishery stocks
• Confusing and time consuming regulatory
  processes for expanding or creating new
  working waterfronts
• Increase in cheaper imported seafood
• Rising fuel costs
    DCA Responsibilities
•   Technical Assistance.
•   Local compliance with State Statutes.
•   Evaluation and Appraisal Report (EAR)
      - 7 years.
•   EAR based amendments.
•   Review of text and Future Land Use Map
    amendments.
     Comprehensive Planning
         Requirements
•   Chapter 163.3177(6)(a), F.S., requires
    that the Future Land Use element for
    coastal counties include, without
    limitation, regulatory incentives and
    criteria that encourage the preservation of
    recreational and commercial working
    waterfronts (as defined in s. 342.07).
•   This section applies only to coastal
    counties.
    Comprehensive Planning
        Requirements
•   Chapter 163.3177(6)(e), F.S., requires that
    the Recreation and Open Space element
    include waterways in the comprehensive
    system of public and private sites for
    recreation.
•   This amendment applies to all local
    governments.
    Comprehensive Planning
        Requirements
•   Chapter 163.3178(2)(g), F.S., requires that
    the shoreline use component of the Coastal
    Management element include the strategies
    that will be used to preserve recreational and
    commercial working waterfronts (as defined in
    F.S. 342.07).
•   This amendment applies to all coastal local
    governments.
         DCA Assistance
Contract with University of Florida College of Law
Conservation Clinic to:

Task 1: Help local governments address
planning mandates.
•Describe & document a systematic approach to identifying
public waterway access (Florida Sea Grant).
          Waterway access analysis manual
• Identify & analyze regulatory incentives, criteria &
implementation strategies for preservation of Commercial
and Recreational working waterfronts.
          Regulatory Policy “menu” and legal basis
          ”Best Policy Practice” examples
         DCA Assistance
Contracting with University of Florida
Conservation Law Clinic to:

•Develop model Comprehensive Plan language and
provide policy basis for regulatory incentives and criteria.
    Annotated Model Goals, Objectives and Policies
• Review how well “water dependency” tests are working to
preserve public access - local/national.
    Analysis of how and what is working and develop
    model water dependency language for Comprehensive
    Plans.
          DCA Assistance
Contract with University of Florida Conservation
Law Clinic to:

Task 2: Research and describe regulatory incentives
based on tax and fee policies.
•Survey of owners of working waterfronts to understand their
interest in the Tax deferral program.
     Survey and recommendations to enhance the utility of Tax
     Deferral as an implementation strategy
•Develop a Model ordinance for tax deferral program for local
governments who want to implement the program.
     Model tax deferral ordinance that complies w/the
     provisions of the law
          DCA Assistance
Contract with University of Florida Conservation
Law Clinic to:

Task 3: Assist local governments in providing public
access through use of sovereign submerged lands.
•Review Florida’s submerged land use and leasing policies.
         Policy analysis of use of the submerged lands fee
         structure as a tool in preserving public access and
         working waterfronts.
•Provide a guidance tool concerning managed anchorages and
mooring fields (w/ Florida Sea Grant)
         Power Point presentation on a “Community Guide to
         Managed Anchorages and Mooring Fields”
            DCA Assistance
Contract with University of Florida Conservation Law
  Clinic to:
• Task 4: Examine tax increment financing as a source of revenue
  for maintaining/improving working waterfronts and develop a
  Waterfront community Guide for establishing a Community
  Redevelopment Area (CRA).
• Task 5: Review and report on the capability of existing State and
  Local acquisition programs to acquire public access and
  recommend programmatic changes to enhance access as a
  priority for acquisition.
• Task 6: Create an “access to Recreational and Commercial
  Working Waterfronts” website for communities seeking
  strategies to maintain and enhance working waterfronts.
Questions?
     • Contact DCA
     • K. Marlene Conaway
       (marlene.conaway@dca.st
       ate.fl.us)
     • Jennifer Carver
       (jennifer.carver@dca.state.fl.us)
     • (850) 487-4545
     • www.dca.state.fl.us
Other Provisions from Ch. 2005-
              157
Submerged lands
• Directs the Board of Trustees of the
  Internal Improvement Trust Fund to
  encourage the use of sovereign
  submerged lands for water-dependent
  uses and public access.
• The bill also expands the definition of
  “aquaculture” and expands the uses of
  submerged lands for aquaculture activities.
       Waterfronts Florida Program

• Section 9 establishes a Waterfronts Florida Program
  within the Florida DCA, which will provide technical
  assistance and financial support to communities
  revitalizing their waterfront areas (codifies existing
  DCA program).
• Waterfronts Florida Program’s purposes include:
   •   Protecting environmental resources;
   •   Providing public access;
   •   Mitigating hazards; and
   •   Enhancing the viable traditional economy.
  Other Important Sections of Ch.
            2005-157
Section 10
   • DEP and Water Management Districts are required to adopt
      procedures for expedited wetland resource and
      environmental resource permits for marina projects that
      reserve at least 10% of their slips for the public.
Section 11
   • DEP and FWCC must undertake study to evaluate
      expanding recreational boating access within the state park
      system.
   • Environment and wildlife values are to be considered in the
      evaluation but shall not dictate the final outcome of
      expansion sites.
 Section 14 Tax Deferral Program

• Section 14 authorizes local governments to adopt a
  tax deferral program for working waterfronts.
• If a local government adopts a tax deferral program
  then working waterfront owners in that jurisdiction
  can apply for the tax deferral.
• Taxes may be deferred each year upon filing of an
  application for deferral by the property owner.
   • Interest will accrue but is capped at a maximum of 9.5%.
• The portion of taxes and interest deferred will depend
  on each locality’s particular ordinance.
           Tax Deferral Program

• Result of a change in use or ownership of the
  working waterfront property.
   • The total amount of deferred taxes and interest becomes
     due for all previous years, if Use changes.
   • The total amount of deferred taxes and interest becomes
     due for all previous years, if Ownership changes. “Change in
     the legal or beneficial ownership of the property.”
   • The total amount of deferred taxes and interest becomes
     due for all previous years, if the property owner fails to
     maintain required fire and extended insurance coverage,
 Other Important Sections of Ch.
           2005-157
Section 15
  •   Directs $1 of marine turtle sticker fees to be
      deposited into the Marine Resources
      Conservation Trust Fund to fund a grant program
      for public launching facilities, with priority to
      counties with more than 35,000 registered
      vessels.

								
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