House Bill 2205

    Florida House of Representatives - 2000                HB 2205

        By the Committee on Water & Resource Management and
    Representatives Alexander, Merchant, Cantens, Brummer, Lee, K.
    Smith, Ogles, Kelly and Betancourt




  1                      A bill to be entitled

  2         An act relating to construction of private

  3         seawalls; amending s. 403.813, F.S.; revising

  4         circumstances under which the construction of

  5         certain private seawalls is exempt from

  6         permitting requirements; providing an effective

  7         date.

  8

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

10

11         Section 1.  Paragraphs (i) and (o) of subsection (2) of

12  section 403.813, Florida Statutes, are amended to read:

13         403.813  Permits issued at district centers;

14  exceptions.--

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

16  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

17  1949, Laws of Florida, shall be required for activities

18  associated with the following types of projects; however,

19  nothing in this subsection relieves an applicant from any

20  requirement to obtain permission to use or occupy lands owned

21  by the Board of Trustees of the Internal Improvement Trust

22  Fund or any water management district in its governmental or

23  proprietary capacity or from complying with applicable local

24  pollution control programs authorized under this chapter or

25  other requirements of county and municipal governments:

26         (i)  The construction of private docks and seawalls in

27  artificially created waterways where such construction will

28  not violate existing water quality standards, impede

29  navigation, or affect flood control. This exemption does not

30  apply to the construction of vertical seawalls in estuaries or

31  lagoons unless the proposed construction is within an existing

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






    Florida House of Representatives - 2000                HB 2205

    195-842-00






  1  manmade canal where the shoreline is currently occupied in

  2  whole or in part by vertical seawalls.

  3         (o)  The construction of private seawalls in wetlands

  4  or other surface waters of the state where such construction

  5  is between and adjoins at both ends existing seawalls, follows

  6  a continuous and uniform seawall construction line with the

  7  existing seawalls, is no more than 150 feet in length, and

  8  does not violate existing water quality standards, impede

  9  navigation, or affect flood control.  However, in estuaries

10  and lagoons, the construction of vertical seawalls is limited

11  to the circumstances and purposes stated in s.

12  373.414(5)(b)1.-4. This paragraph does this shall not affect

13  the permitting requirements of chapter 161, and department

14  rules must shall clearly indicate that this exception does not

15  constitute an exception from the permitting requirements of

16  chapter 161.

17         Section 2.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Revises circumstances under which current exemptions from
23    permitting requirements for the construction of private
      seawalls apply.
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