Senate Bill 1434

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                 SB 1434 (Corrected Copy)

    By Senator Latvala





    312-948A-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to environmental permitting (RAB);

  4         creating s. 161.0315, F.S.; providing authority

  5         to adopt rules relating to coastal

  6         construction; amending s. 161.053, F.S.;

  7         providing for adoption of rules establishing

  8         exemptions for certain activities that have no

  9         adverse effect on the coastal system; amending

10         s. 403.813, F.S.; clarifying authority to

11         implement certain exemptions without adoption

12         of rules; providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 161.0315, Florida Statutes, is

17  created to read:

18         161.0315  Rulemaking.--The department may adopt rules

19  relating to coastal construction under the Administrative

20  Procedures Act.

21         Section 2.  Subsection (12) of section 161.053, Florida

22  Statutes, is amended to read:

23         161.053  Coastal construction and excavation;

24  regulation on county basis.--

25         (12)(a)  The coastal construction control requirements

26  defined in subsection (1) and the requirements of the erosion

27  projections pursuant to subsection (6) do not apply to any

28  modification, maintenance, or repair to any existing structure

29  within the limits of the existing foundation which does not

30  require, involve, or include any additions to, or repair or

31  modification of, the existing foundation of that structure.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                 SB 1434 (Corrected Copy)
    312-948A-98




  1  Specifically excluded from this exemption are seawalls or

  2  other rigid coastal or shore protection structures and any

  3  additions or enclosures added, constructed, or installed below

  4  the first dwelling floor or lowest deck of the existing

  5  structure.

  6         (b)  Activities seaward of the coastal construction

  7  control line which are determined by the department not to

  8  have an adverse impact on the coastal system are exempt from

  9  the requirements in subsection (5).

10         (c)  The department may adopt rules establishing

11  exemptions from the requirements of this section.

12         Section 3.  Paragraph (r) of subsection (2) of section

13  403.813, Florida Statutes, is amended to read:

14         403.813  Permits issued at district centers;

15  exceptions.--

16         (2)  No permit under this chapter, chapter 373, chapter

17  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

18  1949, Laws of Florida, shall be required for activities

19  associated with the following types of projects; however,

20  nothing in this subsection relieves an applicant from any

21  requirement to obtain permission to use or occupy lands owned

22  by the Board of Trustees of the Internal Improvement Trust

23  Fund or any water management district in its governmental or

24  proprietary capacity or from complying with applicable local

25  pollution control programs authorized under this chapter or

26  other requirements of county and municipal governments:

27         (r)  The removal of aquatic plants, the removal of

28  tussocks, the associated replanting of indigenous aquatic

29  plants, or the associated removal from lakes of organic

30  material when such planting or removal is performed and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                 SB 1434 (Corrected Copy)
    312-948A-98




  1  authorized by permit or exemption granted under s. 369.20 or

  2  s. 369.25, if:

  3         1.  Organic material that exists on the surface of

  4  natural mineral soil shall be allowed to be removed to a depth

  5  of 3 feet or to the natural mineral soils, whichever is less.

  6         2.  All organic material removal pursuant to this

  7  subsection shall be deposited in an upland site in a manner

  8  that will prevent the reintroduction of the material into

  9  waters in the state except when spoil material is permitted to

10  be used to create wildlife islands in freshwater bodies of the

11  state when a governmental entity is permitted pursuant to this

12  section to create such islands as a part of a restoration or

13  enhancement project.

14         3.  All activities are performed in a manner consistent

15  with state water quality standards.

16

17  The department may is not authorized to adopt implementing

18  rules for this paragraph subsection, notwithstanding any other

19  provision of law.

20         Section 4.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          SENATE SUMMARY

25    Authorizes the Department of Environmental Protection to
      adopt rules relating to coastal construction. Clarifies
26    authority to implement exemptions without adoption of
      rules.
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