Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 768
       
       
       
       
       
       
                                Barcode 537904                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/16/2011           .                                
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       The Committee on Commerce and Tourism (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 407 and 408
    4  insert:
    5         Section 7. Subsection (3) of section 403.813, Florida
    6  Statutes, is amended to read:
    7         403.813 Permits issued at district centers; exceptions.—
    8         (3) A permit is not required under this chapter, chapter
    9  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   10  chapter 25270, 1949, Laws of Florida, for maintenance dredging
   11  conducted under this section by the seaports of Jacksonville,
   12  Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami,
   13  Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City,
   14  Pensacola, Key West, and Fernandina or by inland navigation
   15  districts, if the dredging is no more than is necessary to meet
   16  the original design specifications or configurations and
   17  previously undisturbed natural areas are not significantly
   18  impacted, and if the work conducted does not violate the
   19  protections for manatees under s. 379.2431(2)(d). In addition:
   20         (a) A mixing zone for turbidity is granted within a 150
   21  meter radius from the point of dredging while dredging is
   22  ongoing, except that the mixing zone may not extend into areas
   23  supporting wetland communities, submerged aquatic vegetation, or
   24  hardbottom communities.
   25         (b) The discharge of the return water from the site used
   26  for the disposal of dredged material shall be allowed only if
   27  such discharge does not result in a violation of water quality
   28  standards in the receiving waters. The return-water discharge
   29  into receiving waters shall be granted a mixing zone for
   30  turbidity within a 150-meter radius from the point of discharge
   31  into the receiving waters during and immediately after the
   32  dredging, except that the mixing zone may not extend into areas
   33  supporting wetland communities, submerged aquatic vegetation, or
   34  hardbottom communities. Ditches, pipes, and similar types of
   35  linear conveyances are not considered receiving waters for the
   36  purposes of this paragraph.
   37         (c) The state may not exact a charge for material that this
   38  subsection allows a public port or an inland navigation district
   39  to remove. In addition, consent to use any sovereignty submerged
   40  lands pursuant to this section is hereby granted.
   41         (d) The use of flocculants at the site used for disposal of
   42  the dredged material is allowed if the use, including supporting
   43  documentation, is coordinated in advance with the department and
   44  the department has determined that the use is not harmful to
   45  water resources.
   46         (e) The spoil material from the maintenance dredging may be
   47  deposited on an unpermitted, self-contained, upland spoil site
   48  that will prevent the escape of the spoil material into the
   49  waters of the state.
   50         (f)(e) This subsection does not prohibit maintenance
   51  dredging of areas where the loss of original design function and
   52  constructed configuration has been caused by a storm event,
   53  provided that the dredging is performed as soon as practical
   54  after the storm event. Maintenance dredging that commences
   55  within 3 years after the storm event shall be presumed to
   56  satisfy this provision. If more than 3 years are needed to
   57  commence the maintenance dredging after the storm event, a
   58  request for a specific time extension to perform the maintenance
   59  dredging shall be submitted to the department, prior to the end
   60  of the 3-year period, accompanied by a statement, including
   61  supporting documentation, demonstrating that contractors are not
   62  available or that additional time is needed to obtain
   63  authorization for the maintenance dredging from the United
   64  States Army Corps of Engineers.
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete line 42
   69  and insert:
   70         certain compliance; amending s. 403.813, F.S.;
   71         exempting specified seaports and inland navigation
   72         districts from requirements to conduct maintenance
   73         dredging under certain circumstances; providing that
   74         ditches, pipes, and similar linear conveyances are not
   75         receiving waters; authorizing public ports and inland
   76         navigation districts to use sovereignty submerged
   77         lands in connection with maintenance dredging;
   78         authorizing spoil material to be disposed on a self
   79         contained, upland spoil site that will prevent the
   80         escape of spoil material into the waters of the state;
   81         providing an effective date.