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.

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

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.state.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.