Preservation of Recreational

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Preservation of Recreational Commercial Working
Waterfronts

• Provisions of Chapter 2005-157, Laws of Florida
  (HB955, SB1316)

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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
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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

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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

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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.

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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.

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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.

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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

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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

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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

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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.

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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.

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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.

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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.

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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

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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.

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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

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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 Floridas 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

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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.

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Questions?

• Contact DCA
• K. Marlene Conaway (marlene.conaway_at_dca.state.fl.u
  s)
• Jennifer Carver (jennifer.carver_at_dca.state.fl.us)
• [phone]
• www.dca.state.fl.us

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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.

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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 Programs purposes include
• Protecting environmental resources
• Providing public access
• Mitigating hazards and
• Enhancing the viable traditional economy.

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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.

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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 localitys particular ordinance.

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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,

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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.