Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. SB 2288
                        Barcode 700070
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       05/02/2005 02:03 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 1, line 13,
15  
16  insert:  
17         Section 3.  Subsection (5) is added to section 373.118,
18  Florida Statutes, to read:
19         373.118  General permits.--
20         (5)  The department shall adopt by rule one or more
21  general permits for local governments to construct, operate,
22  and maintain public marina facilities, public mooring fields,
23  public boat ramps, including associated courtesy docks, and
24  associated parking facilities located in uplands. The general
25  permits adopted by rule shall include provisions to ensure
26  compliance with subsection (1), part IV of this chapter, and
27  the criteria necessary to include the general permits in a
28  state programmatic general permit issued by the United States
29  Army Corps of Engineers under s. 404 of the Clean Water Act,
30  Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq. A
31  facility authorized under such general permits is exempt from
                                  1
    11:50 AM   05/02/05                              s2288c-21-c2d

Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 700070 1 review as a development of regional impact if the facility 2 complies with the comprehensive plan of the applicable local 3 government. The facilities shall be consistent with the local 4 government manatee protection plan required pursuant to ch. 5 370 and shall obtain Clean Marina Program status before 6 opening for operation and maintain that status for the life of 7 the facility. Marinas authorized under any such general permit 8 may not exceed an area of 50,000 square feet over wetlands and 9 other surface waters. The department shall initiate the 10 rulemaking process within 60 days after the effective date of 11 this act. 12 Section 4. Paragraph (s) of subsection (2) of section 13 403.813, Florida Statutes, is amended to read: 14 403.813 Permits issued at district centers; 15 exceptions.-- 16 (2) A permit is not required under this chapter, 17 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 18 or chapter 25270, 1949, Laws of Florida, for activities 19 associated with the following types of projects; however, 20 except as otherwise provided in this subsection, nothing in 21 this subsection relieves an applicant from any requirement to 22 obtain permission to use or occupy lands owned by the Board of 23 Trustees of the Internal Improvement Trust Fund or any water 24 management district in its governmental or proprietary 25 capacity or from complying with applicable local pollution 26 control programs authorized under this chapter or other 27 requirements of county and municipal governments: 28 (s) The construction, installation, operation, or 29 maintenance of floating vessel platforms or floating boat 30 lifts, provided that such structures: 31 1. Float at all times in the water for the sole 2 11:50 AM 05/02/05 s2288c-21-c2d
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 700070 1 purpose of supporting a vessel so that the vessel is out of 2 the water when not in use; 3 2. Are wholly contained within a boat slip previously 4 permitted under ss. 403.91-403.929, 1984 Supplement to the 5 Florida Statutes 1983, as amended, or part IV of chapter 373; 6 are, or, when associated with a dock that is exempt under this 7 subsection or a permitted dock with no defined boat slip and, 8 do not exceed a combined total of 500 square feet, or 200 9 square feet in an Outstanding Florida Water; or are attached 10 to a bulkhead on a parcel of land where there is no other 11 docking structure and do not exceed a combined total of 1,000 12 square feet outside of Outstanding Florida Waters, 500 square 13 feet within an Outstanding Florida Water that is not an 14 aquatic preserve, or 200 square feet within an aquatic 15 preserve; 16 3. Are not used for any commercial purpose or for 17 mooring vessels that remain in the water when not in use, and 18 do not substantially impede the flow of water, create a 19 navigational hazard, or unreasonably infringe upon the 20 riparian rights of adjacent property owners, as defined in s. 21 253.141; 22 4. Are constructed and used so as to minimize adverse 23 impacts to submerged lands, wetlands, shellfish areas, aquatic 24 plant and animal species, and other biological communities, 25 including locating such structures in areas where no 26 seagrasses are least dense exist if such areas are present 27 adjacent to the dock or bulkhead; and 28 5. Are not constructed in areas specifically 29 prohibited for boat mooring under conditions of a permit 30 issued in accordance with ss. 403.91-403.929, 1984 Supplement 31 to the Florida Statutes 1983, as amended, or part IV of 3 11:50 AM 05/02/05 s2288c-21-c2d
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 700070 1 chapter 373, or other form of authorization issued by a local 2 government. 3 4 Structures that qualify for this exemption are relieved from 5 any requirement to obtain permission to use or occupy lands 6 owned by the Board of Trustees of the Internal Improvement 7 Trust Fund and shall not be subject to any permitting 8 requirement, registration requirement, or other more stringent 9 regulation by any local government. The exemption provided in 10 this paragraph shall be in addition to the exemption provided 11 in paragraph (b). By January 1, 2006 2003, the department 12 shall adopt a general permit by rule for the construction, 13 installation, operation, or maintenance of those floating 14 vessel platforms or floating boat lifts that do not qualify 15 for the exemption provided in this paragraph but do not cause 16 significant adverse impacts to occur individually or 17 cumulatively. The issuance of such general permit shall also 18 constitute permission to use or occupy lands owned by the 19 Board of Trustees of the Internal Improvement Trust Fund. 20 Structures that qualify for Upon the adoption of the rule 21 creating such general permit are not subject to any permitting 22 requirement, registration requirement, or other more stringent 23 regulation by any, no local government shall impose a more 24 stringent regulation on floating vessel platforms or floating 25 boat lifts covered by such general permit. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 1, line 3, after the first semicolon, 31 4 11:50 AM 05/02/05 s2288c-21-c2d
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 700070 1 insert: 2 amending s. 373.118, F.S.; directing the 3 Department of Environmental Protection to adopt 4 rules to authorize local governments to 5 construct and maintain all facilities, 6 including public marinas and boat ramps; 7 exempting certain facilities from 8 development-of-regional-impact review; 9 providing for regulatory criteria; providing 10 for the use of submerged lands; amending s. 11 403.813, F.S.; revising permit exemption 12 requirements for floating vessel platforms or 13 floating boat lifts; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 11:50 AM 05/02/05 s2288c-21-c2d