Senate Bill 0668e1

    SB 668                                         First Engrossed



  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; providing an effective date.

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

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

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

12         403.813  Permits issued at district centers;

13  exceptions.--

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

15  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

16  1949, Laws of Florida, shall be required for activities

17  associated with the following types of projects; however,

18  nothing in this subsection relieves an applicant from any

19  requirement to obtain permission to use or occupy lands owned

20  by the Board of Trustees of the Internal Improvement Trust

21  Fund or any water management district in its governmental or

22  proprietary capacity or from complying with applicable local

23  pollution control programs authorized under this chapter or

24  other requirements of county and municipal governments:

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

26  artificially created waterways where such construction will

27  not violate existing water quality standards, impede

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

29  apply to the construction of vertical seawalls in estuaries or

30  lagoons unless the proposed construction is within an existing

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






    SB 668                                         First Engrossed



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

  2  whole or 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 section

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.

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