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



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Bennett offered the following:

12

13         Amendment (with title amendment) 

14         On page 13, between lines 15 and 16,

15

16  insert:

17         Section 8.  Subsection (2) of section 403.813, Florida

18  Statutes, is amended to read:

19         403.813  Permits issued at district centers;

20  exceptions.--

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

22  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

23  1949, Laws of Florida, shall be required for activities

24  associated with the following types of projects; however,

25  except as otherwise provided in this subsection, nothing in

26  this subsection relieves an applicant from any requirement to

27  obtain permission to use or occupy lands owned by the Board of

28  Trustees of the Internal Improvement Trust Fund or any water

29  management district in its governmental or proprietary

30  capacity or from complying with applicable local pollution

31  control programs authorized under this chapter or other

                                  1

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  requirements of county and municipal governments:

  2         (a)  The installation of overhead transmission lines,

  3  with support structures which are not constructed in waters of

  4  the state and which do not create a navigational hazard.

  5         (b)  The installation and repair of mooring pilings and

  6  dolphins associated with private docking facilities or piers

  7  and the installation of private docks, piers and recreational

  8  docking facilities, or piers and recreational docking

  9  facilities of local governmental entities when the local

10  governmental entity's activities will not take place in any

11  manatee habitat, any of which docks:

12         1.  Has 500 square feet or less of over-water surface

13  area for a dock which is located in an area designated as

14  Outstanding Florida Waters or 1,000 square feet or less of

15  over-water surface area for a dock which is located in an area

16  which is not designated as Outstanding Florida Waters;

17         2.  Is constructed on or held in place by pilings or is

18  a floating dock which is constructed so as not to involve

19  filling or dredging other than that necessary to install the

20  pilings;

21         3.  Shall not substantially impede the flow of water or

22  create a navigational hazard;

23         4.  Is used for recreational, noncommercial activities

24  associated with the mooring or storage of boats and boat

25  paraphernalia; and

26         5.  Is the sole dock constructed pursuant to this

27  exemption as measured along the shoreline for a distance of 65

28  feet, unless the parcel of land or individual lot as platted

29  is less than 65 feet in length along the shoreline, in which

30  case there may be one exempt dock allowed per parcel or lot.

31

                                  2

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  Nothing in this paragraph shall prohibit the department from

  2  taking appropriate enforcement action pursuant to this chapter

  3  to abate or prohibit any activity otherwise exempt from

  4  permitting pursuant to this paragraph if the department can

  5  demonstrate that the exempted activity has caused water

  6  pollution in violation of this chapter.

  7         (c)  The installation and maintenance to design

  8  specifications of boat ramps on artificial bodies of water

  9  where navigational access to the proposed ramp exists or the

10  installation of boat ramps open to the public in any waters of

11  the state where navigational access to the proposed ramp

12  exists and where the construction of the proposed ramp will be

13  less than 30 feet wide and will involve the removal of less

14  than 25 cubic yards of material from the waters of the state,

15  and the maintenance to design specifications of such ramps;

16  however, the material to be removed shall be placed upon a

17  self-contained upland site so as to prevent the escape of the

18  spoil material into the waters of the state.

19         (d)  The replacement or repair of existing docks and

20  piers, except that no fill material is to be used and provided

21  that the replacement or repaired dock or pier is in the same

22  location and of the same configuration and dimensions as the

23  dock or pier being replaced or repaired.

24         (e)  The restoration of seawalls at their previous

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

26  previous locations.  However, this shall not affect the

27  permitting requirements of chapter 161, and department rules

28  shall clearly indicate that this exception does not constitute

29  an exception from the permitting requirements of chapter 161.

30         (f)  The performance of maintenance dredging of

31  existing manmade canals, channels, intake and discharge

                                  3

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  structures, and previously dredged portions of natural water

  2  bodies within drainage rights-of-way or drainage easements

  3  which have been recorded in the public records of the county,

  4  where the spoil material is to be removed and deposited on a

  5  self-contained, upland spoil site which will prevent the

  6  escape of the spoil material into the waters of the state,

  7  provided that no more dredging is to be performed than is

  8  necessary to restore the canals, channels, and intake and

  9  discharge structures, and previously dredged portions of

10  natural water bodies, to original design specifications or

11  configurations, provided that the work is conducted in

12  compliance with s. 370.12(2)(d), provided that no significant

13  impacts occur to previously undisturbed natural areas, and

14  provided that control devices for return flow and best

15  management practices for erosion and sediment control are

16  utilized to prevent bank erosion and scouring and to prevent

17  turbidity, dredged material, and toxic or deleterious

18  substances from discharging into adjacent waters during

19  maintenance dredging. Further, for maintenance dredging of

20  previously dredged portions of natural water bodies within

21  recorded drainage rights-of-way or drainage easements, an

22  entity that seeks an exemption must notify the department or

23  water management district, as applicable, at least 30 days

24  prior to dredging and provide documentation of original design

25  specifications or configurations where such exist. This

26  exemption applies to all canals and previously dredged

27  portions of natural water bodies within recorded drainage

28  rights-of-way or drainage easements constructed prior to April

29  3, 1970, and to those canals and previously dredged portions

30  of natural water bodies constructed on or after April 3, 1970,

31  pursuant to all necessary state permits.  This exemption does

                                  4

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  not apply to the removal of a natural or manmade barrier

  2  separating a canal or canal system from adjacent waters.  When

  3  no previous permit has been issued by the Board of Trustees of

  4  the Internal Improvement Trust Fund or the United States Army

  5  Corps of Engineers for construction or maintenance dredging of

  6  the existing manmade canal or intake or discharge structure,

  7  such maintenance dredging shall be limited to a depth of no

  8  more than 5 feet below mean low water. The Board of Trustees

  9  of the Internal Improvement Trust Fund may fix and recover

10  from the permittee an amount equal to the difference between

11  the fair market value and the actual cost of the maintenance

12  dredging for material removed during such maintenance

13  dredging. However, no charge shall be exacted by the state for

14  material removed during such maintenance dredging by a public

15  port authority.  The removing party may subsequently sell such

16  material; however, proceeds from such sale that exceed the

17  costs of maintenance dredging shall be remitted to the state

18  and deposited in the Internal Improvement Trust Fund.

19         (g)  The maintenance of existing insect control

20  structures, dikes, and irrigation and drainage ditches,

21  provided that spoil material is deposited on a self-contained,

22  upland spoil site which will prevent the escape of the spoil

23  material into waters of the state.  In the case of insect

24  control structures, if the cost of using a self-contained

25  upland spoil site is so excessive, as determined by the

26  Department of Health, pursuant to s. 403.088(1), that it will

27  inhibit proposed insect control, then-existing spoil sites or

28  dikes may be used, upon notification to the department.  In

29  the case of insect control where upland spoil sites are not

30  used pursuant to this exemption, turbidity control devices

31  shall be used to confine the spoil material discharge to that

                                  5

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  area previously disturbed when the receiving body of water is

  2  used as a potable water supply, is designated as shellfish

  3  harvesting waters, or functions as a habitat for commercially

  4  or recreationally important shellfish or finfish.  In all

  5  cases, no more dredging is to be performed than is necessary

  6  to restore the dike or irrigation or drainage ditch to its

  7  original design specifications.

  8         (h)  The repair or replacement of existing functional

  9  pipes or culverts the purpose of which is the discharge or

10  conveyance of stormwater. In all cases, the invert elevation,

11  the diameter, and the length of the culvert shall not be

12  changed.  However, the material used for the culvert may be

13  different from the original.

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

15  artificially created waterways where such construction will

16  not violate existing water quality standards, impede

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

18  apply to the construction of vertical seawalls in estuaries or

19  lagoons unless the proposed construction is within an existing

20  manmade canal where the shoreline is currently occupied in

21  whole or part by vertical seawalls.

22         (j)  The construction and maintenance of swales.

23         (k)  The installation of aids to navigation and buoys

24  associated with such aids, provided the devices are marked

25  pursuant to s. 327.40.

26         (l)  The replacement or repair of existing open-trestle

27  foot bridges and vehicular bridges that are 100 feet or less

28  in length and two lanes or less in width, provided that no

29  more dredging or filling of submerged lands is performed other

30  than that which is necessary to replace or repair pilings and

31  that the structure to be replaced or repaired is the same

                                  6

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  length, the same configuration, and in the same location as

  2  the original bridge.  No debris from the original bridge shall

  3  be allowed to remain in the waters of the state.

  4         (m)  The installation of subaqueous transmission and

  5  distribution lines laid on, or embedded in, the bottoms of

  6  waters in the state, except in Class I and Class II waters and

  7  aquatic preserves, provided no dredging or filling is

  8  necessary.

  9         (n)  The replacement or repair of subaqueous

10  transmission and distribution lines laid on, or embedded in,

11  the bottoms of waters of the state.

12         (o)  The construction of private seawalls in wetlands

13  or other surface waters where such construction is between and

14  adjoins at both ends existing seawalls; follows a continuous

15  and uniform seawall construction line with the existing

16  seawalls; is no more than 150 feet in length; and does not

17  violate existing water quality standards, impede navigation,

18  or affect flood control. However, in estuaries and lagoons the

19  construction of vertical seawalls is limited to the

20  circumstances and purposes stated in s. 373.414(5)(b)1.-4.

21  This paragraph does not affect the permitting requirements of

22  chapter 161, and department rules must clearly indicate that

23  this exception does not constitute an exception from the

24  permitting requirements of chapter 161.

25         (p)  The restoration of existing insect control

26  impoundment dikes which are less than 100 feet in length. Such

27  impoundments shall be connected to tidally influenced waters

28  for 6 months each year beginning September 1 and ending

29  February 28 if feasible or operated in accordance with an

30  impoundment management plan approved by the department.  A

31  dike restoration may involve no more dredging than is

                                  7

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  necessary to restore the dike to its original design

  2  specifications.  For the purposes of this paragraph,

  3  restoration does not include maintenance of impoundment dikes

  4  of operating insect control impoundments.

  5         (q)  The construction, operation, or maintenance of

  6  stormwater management facilities which are designed to serve

  7  single-family residential projects, including duplexes,

  8  triplexes, and quadruplexes, if they are less than 10 acres

  9  total land and have less than 2 acres of impervious surface

10  and if the facilities:

11         1.  Comply with all regulations or ordinances

12  applicable to stormwater management and adopted by a city or

13  county;

14         2.  Are not part of a larger common plan of development

15  or sale; and

16         3.  Discharge into a stormwater discharge facility

17  exempted or permitted by the department under this chapter

18  which has sufficient capacity and treatment capability as

19  specified in this chapter and is owned, maintained, or

20  operated by a city, county, special district with drainage

21  responsibility, or water management district; however, this

22  exemption does not authorize discharge to a facility without

23  the facility owner's prior written consent.

24         (r)  The removal of aquatic plants, the removal of

25  tussocks, the associated replanting of indigenous aquatic

26  plants, or the associated removal from lakes of organic

27  material when such planting or removal is performed and

28  authorized by permit or exemption granted under s. 369.20 or

29  s. 369.25, if:

30         1.  Organic material that exists on the surface of

31  natural mineral soil shall be allowed to be removed to a depth

                                  8

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1299

    Amendment No. ___ (for drafter's use only)





  1  of 3 feet or to the natural mineral soils, whichever is less.

  2         2.  All organic material removal pursuant to this

  3  subsection shall be deposited in an upland site in a manner

  4  that will prevent the reintroduction of the material into

  5  waters in the state except when spoil material is permitted to

  6  be used to create wildlife islands in freshwater bodies of the

  7  state when a governmental entity is permitted pursuant to this

  8  section to create such islands as a part of a restoration or

  9  enhancement project.

10         3.  All activities are performed in a manner consistent

11  with state water quality standards.

12

13  The department may not adopt implementing rules for this

14  paragraph, notwithstanding any other provision of law.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1, line 2, after the semicolon,

20

21  insert:

22         amending s. 403.813, F.S.; revising language

23         with respect to permits issued at district

24         centers;

25

26

27

28

29

30

31

                                  9

    File original & 9 copies    03/13/02
    hbd0001                     10:58 am         01299-0067-584953