House Bill hb0729c1

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    Florida House of Representatives - 2001              CS/HB 729

        By the Committee on Natural Resources & Environmental
    Protection and Representative Argenziano





  1                      A bill to be entitled

  2         An act relating to environmental control;

  3         amending s. 403.813, F.S.; creating an

  4         exemption from permitting requirements under

  5         ch. 403, F.S., for the removal of invasive

  6         plants and the removal of organic detrital

  7         material from freshwater lakes and rivers under

  8         specified conditions; precluding additional

  9         state or local approval requirements for

10         floating vessel platforms within boat slips;

11         amending s. 253.12, F.S.; precluding additional

12         state or local approval requirements for

13         floating vessel platforms within boat slips;

14         providing an effective date.

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

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18         Section 1.  Paragraph (s) is added to subsection (2) of

19  section 403.813, Florida Statutes, and subsection (4) is added

20  to said section, to read:

21         403.813  Permits issued at district centers;

22  exceptions.--

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

24  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

25  1949, Laws of Florida, shall be required for activities

26  associated with the following types of projects; however,

27  nothing in this subsection relieves an applicant from any

28  requirement to obtain permission to use or occupy lands owned

29  by the Board of Trustees of the Internal Improvement Trust

30  Fund or any water management district in its governmental or

31  proprietary capacity or from complying with applicable local

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    Florida House of Representatives - 2001              CS/HB 729

    194-149-01






  1  pollution control programs authorized under this chapter or

  2  other requirements of county and municipal governments:

  3         (s)  Notwithstanding any provision to the contrary in

  4  this subsection, no permit or other authorization under

  5  chapter 253, chapter 369, chapter 373, or this chapter is

  6  required for the removal of organic detrital material from

  7  freshwater rivers or lakes that have a natural sand or rocky

  8  substrate and that are not aquatic preserves, and the

  9  associated removal and replanting of aquatic vegetation for

10  the purpose of environmental enhancement, provided that:

11         1.  No filling or peat mining is allowed.

12         2.  No removal of native wetland trees, including, but

13  not limited to, ash, bay cypress, gum, maple, and tupelo,

14  shall occur.

15         3.  When removing organic detrital material, no portion

16  of the underlying natural mineral soils or rocky substrate may

17  be removed.

18         4.  Organic detrital material and plant material

19  removed is deposited in an upland site in a manner that will

20  not cause water quality violations.

21         5.  All activities are conducted in such a manner and

22  with appropriate turbidity controls to prevent any water

23  quality violations outside of the immediate work area.

24         6.  Replanting with a variety of aquatic plants native

25  to Florida shall occur in a minimum of 25 percent of the areas

26  where organic detrital material is removed except for areas

27  where the material is removed to bare rocky substrate;

28  however, an area may be maintained clear of vegetation as an

29  access corridor. The access corridor width shall not exceed 50

30  percent of the property owner's frontage or 50 feet, whichever

31  is less, and may be a sufficient length waterward to create a

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    Florida House of Representatives - 2001              CS/HB 729

    194-149-01






  1  corridor to allow access for a boat or swimmer to reach open

  2  water. Replanting shall be at a minimum density of 2 feet on

  3  center and be completed within 90 days after removal of

  4  existing aquatic vegetation, except that under dewatered

  5  conditions, replanting must be completed within 90 days after

  6  reflooding. The area to be replanted shall extend waterward

  7  from the ordinary high water line to a point where normal

  8  water depth would be 3 feet or to the preexisting vegetation

  9  line, whichever is less, provided such area does not extend

10  beyond a point 5 feet waterward of the ordinary high water

11  line. Individuals are required to make a reasonable effort to

12  maintain planting density for a period of 6 months after

13  replanting is complete and the plants, including naturally

14  recruited native aquatic plants, shall be allowed to expand

15  and fill in the revegetation area.  Native aquatic plants to

16  be used for revegetation shall be salvaged from the

17  enhancement project site or obtained from an aquatic plant

18  nursery regulated by the Department of Agriculture and

19  Consumer Services. Plants that are not native to the state of

20  Florida shall not be used for replanting.

21         7.  No activity may occur any farther waterward of the

22  ordinary high water line than 100 feet and all activities must

23  be designed and conducted in a manner that will not

24  unreasonably restrict or infringe upon the riparian rights of

25  the upland riparian owners.

26         8.  Any person who seeks to use this exemption notifies

27  the applicable department district office in writing at least

28  30 days prior to commencing work and allows the department to

29  conduct a preconstruction site inspection.  Notice must

30  include an organic detrital material removal and disposal plan

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    Florida House of Representatives - 2001              CS/HB 729

    194-149-01






  1  and, if applicable, a vegetation removal and revegetation

  2  plan.

  3         9.  The department is provided written certification of

  4  compliance with the terms and conditions of subparagraphs

  5  1.-8. within 30 days after completion of any activity under

  6  this exemption.

  7         (4)  No state or local approval or authority in

  8  addition to that required under chapter 253, chapter 373, or

  9  this chapter shall be required for the installation of a

10  floating vessel platform contained entirely within the

11  confines of a boat slip or for a dock with no defined boat

12  slip, that does not exceed 135 percent of the beam or length

13  of the boat it supports, when such boat slip or dock has been

14  either permitted or is exempt pursuant to paragraph (2)(b).

15         Section 2.  Subsection (11) is added to section 253.12,

16  Florida Statutes, to read:

17         253.12  Title to tidal lands vested in state.--

18         (11)  No state or local approval or authority in

19  addition to that required under this chapter, chapter 373, or

20  chapter 403 shall be required for the installation of a

21  floating vessel platform contained entirely within the

22  confines of a boat slip, or for a dock with no defined boat

23  slip, that does not exceed 135 percent of the beam or length

24  of the boat it supports, when such boat slip or dock has been

25  either authorized or is exempt pursuant to s. 403.813(2)(b).

26         Section 3.  This act shall take effect July 1, 2001.

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