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House Bill 0785

Florida House of Representatives - 1997 HB 785 By Representative Putnam 1 A bill to be entitled 2 An act relating to environmental protection; 3 amending s. 253.03, F.S.; prohibiting the 4 control, regulation, permitting, or imposition 5 of charges on certain severed materials; 6 amending s. 369.20, F.S.; authorizing certain 7 riparian owners to remove aquatic plants 8 without certain permits under certain 9 circumstances; authorizing the Department of 10 Environmental Protection to issue certain 11 permits; providing criteria; providing 12 construction; exempting such permits from 13 certain water pollution operation permit 14 requirements; amending s. 403.813, F.S.; 15 exempting installation and repair of certain 16 piers and docking facilities from certain 17 permitting requirements; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (16) is added to section 253.03, 23 Florida Statutes, 1996 Supplement, to read: 24 253.03 Board of trustees to administer state lands; 25 lands enumerated.-- 26 (16) The Board of Trustees of the Internal Improvement 27 Trust Fund, and the state through its agencies, may not 28 control, regulate, permit, or charge for any severed materials 29 which are removed from the area adjacent to an intake or 30 discharge structure pursuant to an exemption authorized in s. 31 403.813(2)(f). 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 785 584-104-97 1 Section 2. Subsections (8), (9), (10), and (11) are 2 added to section 369.20, Florida Statutes, 1996 Supplement, to 3 read: 4 369.20 Florida Aquatic Weed Control Act.-- 5 (8) As an exemption to all permitting requirements in 6 this section and ss. 369.22 and 369.25, in all freshwater 7 bodies, except aquatic preserves designated under chapter 258 8 and Outstanding Florida Waters designated under chapter 403, a 9 riparian owner may physically or mechanically remove aquatic 10 plants within an area delimited by up to 50 percent of the 11 property owner's frontage or 50 feet, whichever is less, and 12 by a sufficient length waterward from, and perpendicular to, 13 the riparian owner's shoreline to create a corridor to allow 14 access for a boat or swimmer to reach open water. All 15 unvegetated areas shall be cumulatively considered when 16 determining the width of the exempt corridor. Physical or 17 mechanical removal does not include the use of any chemicals 18 or any activity that requires a permit pursuant to part IV of 19 chapter 373. 20 (9) The department is authorized to issue an aquatic 21 plant control general permit for the removal of aquatic 22 plants, the removal of tussocks, the associated replanting of 23 indigenous aquatic plants, or the associated removal from 24 freshwater bodies of organic detrital material that exists on 25 the surface of natural mineral soil that is necessary to 26 accomplish such plant removal or replanting, or the removal of 27 aquatic plants for aquatic plant management, including 28 associated incidental removal of sediment attached to plant 29 roots. 30 (a) The activities permitted pursuant to this 31 subsection are exempt from the requirement to obtain a permit 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 785 584-104-97 1 pursuant to part IV of chapter 373 and no fee shall be 2 required. 3 (b) Organic detrital material that exists on the 4 surface of natural mineral soil shall be permitted to be 5 removed to a depth of 3 feet or to the natural mineral soils, 6 whichever is less. 7 (c) All organic material shall be deposited in an 8 upland site except when spoil material is permitted to be used 9 to create wildlife islands in freshwater bodies of the state 10 when a governmental entity is permitted pursuant to this 11 section to create such islands as a part of a restoration or 12 enhancement project. 13 (d) All activities shall be performed in a manner to 14 prevent violations of state water quality standards. 15 (e) The department is not authorized to adopt 16 implementing rules for this subsection, notwithstanding any 17 other provision of law. 18 (10) A permit issued pursuant to this section to 19 control, eradicate, remove, or replant aquatic plants, to 20 remove tussocks, or to remove organic detrital material on 21 sovereign submerged lands or other state lands constitutes 22 consent of use and authorization required pursuant to chapter 23 253 for such activities. 24 (11) A permit issued pursuant to this section for the 25 application of herbicides to waters in the state for the 26 control of aquatic plants, algae, or invasive exotic plants is 27 exempt from the requirement to obtain a water pollution 28 operation permit pursuant to s. 403.088. 29 Section 3. Paragraph (b) of subsection (2) of section 30 403.813, Florida Statutes, 1996 Supplement, is amended to 31 read: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 785 584-104-97 1 403.813 Permits issued at district centers; 2 exceptions.-- 3 (2) No permit under this chapter, chapter 373, chapter 4 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 5 Laws of Florida, 1949, shall be required for activities 6 associated with the following types of projects; however, 7 nothing in this subsection relieves an applicant from any 8 requirement to obtain permission to use or occupy lands owned 9 by the Board of Trustees of the Internal Improvement Trust 10 Fund or any water management district in its governmental or 11 proprietary capacity or from complying with applicable local 12 pollution control programs authorized under this chapter or 13 other requirements of county and municipal governments: 14 (b) The installation and repair of mooring pilings and 15 dolphins associated with private docking facilities or piers 16 and the installation of private docks, or piers and 17 recreational docking facilities or piers of local governmental 18 entities, any of which structures docks: 19 1. Has 500 square feet or less of over-water surface 20 area for a dock which is located in an area designated as 21 Outstanding Florida Waters or 1,000 square feet or less of 22 over-water surface area for a dock which is located in an area 23 which is not designated as Outstanding Florida Waters; 24 2. Is constructed on or held in place by pilings or is 25 a floating dock which is constructed so as not to involve 26 filling or dredging other than that necessary to install the 27 pilings; 28 3. Shall not substantially impede the flow of water or 29 create a navigational hazard; 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 785 584-104-97 1 4. Is used for recreational, noncommercial activities 2 associated with the mooring or storage of boats and boat 3 paraphernalia; and 4 5. Is the sole dock constructed pursuant to this 5 exemption as measured along the shoreline for a distance of 65 6 feet, unless the parcel of land or individual lot as platted 7 is less than 65 feet in length along the shoreline, in which 8 case there may be one exempt dock allowed per parcel or lot. 9 10 Nothing in this paragraph shall prohibit the department from 11 taking appropriate enforcement action pursuant to this chapter 12 to abate or prohibit any activity otherwise exempt from 13 permitting pursuant to this paragraph if the department can 14 demonstrate that the exempted activity has caused water 15 pollution in violation of this chapter. 16 Section 4. This act shall take effect October 1, 1997. 17 18 ***************************************** 19 HOUSE SUMMARY 20 Prohibits the control, regulation, permitting, or 21 imposition of charges on materials severed from areas around intake or discharge structures. Authorizes 22 freshwater riparian owners to remove aquatic plants without permits to create an access corridor from land to 23 open water. Authorizes the Department of Environmental Protection to issue permits to remove or replant aquatic 24 plants. Exempts installation and repair of piers and the installation of private piers and recreational docking 25 facilities and piers of local governmental entities from permitting requirements. See bill for details. 26 27 28 29 30 31 5