Senate Bill 0668

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



    Florida Senate - 2000                                   SB 668

    By Senator Bronson





    18-505-00

  1                      A bill to be entitled

  2         An act relating to rulemaking authority

  3         regarding seawalls (RAB); amending s. 403.813,

  4         F.S.; limiting a permit exemption for the

  5         construction of seawalls in specified

  6         circumstances; requiring the restoration and

  7         repair of specified seawalls to meet specified

  8         criteria; providing an effective date.

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

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12         Section 1.  Paragraphs (e), (i), and (o) of subsection

13  (2) of section 403.813, Florida Statutes, are 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         (e)  The restoration of seawalls at their previous

28  locations or upland of, or within 1 foot waterward of, their

29  previous locations.  However, this shall not affect the

30  permitting requirements of chapter 161, and department rules

31  shall clearly indicate that this exception does not constitute

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






    Florida Senate - 2000                                   SB 668
    18-505-00




  1  an exception from the permitting requirements of chapter 161.

  2  Restoration and repair must be performed using the criteria

  3  set forth in s. 373.414(5).

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

  5  artificially created waterways where such construction will

  6  not violate existing water quality standards, impede

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

  8  apply to the construction of vertical seawalls in estuaries or

  9  lagoons unless the proposed construction is within an existing

10  man-made canal where the shoreline is currently occupied in

11  whole or part by vertical seawalls.

12         (o)  The construction of private seawalls in wetlands

13  or other surface waters of the state where such construction

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

15  a continuous and uniform seawall construction line with the

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

17  does not violate existing water quality standards, impede

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

19  and lagoons the construction of vertical seawalls is limited

20  to the circumstances and purposes stated in section

21  373.414(5)(b)1.-4. This paragraph does this shall not affect

22  the permitting requirements of chapter 161, and department

23  rules must shall clearly indicate that this exception does not

24  constitute an exception from the permitting requirements of

25  chapter 161.

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

27  law.

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    Florida Senate - 2000                                   SB 668
    18-505-00




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  2                          SENATE SUMMARY

  3    Limits the permit exemption for the construction of
      seawalls and requires the restoration and repair of
  4    seawalls to meet specified criteria.

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