Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. SB 2288
                        Barcode 891902
                            CHAMBER ACTION
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       05/02/2005 10:23 AM         .                    
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11  Senator Posey moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 8 and 9,
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16  insert:  
17         Section 2.  Paragraph (s) of subsection (2) of section
18  403.813, Florida Statutes, is amended to read:
19         403.813  Permits issued at district centers;
20  exceptions.--
21         (2)  A permit is not required under this chapter,
22  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
23  or chapter 25270, 1949, Laws of Florida, 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
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    7:49 AM   04/28/05                               s2288c-24-ta1

Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 891902 1 requirements of county and municipal governments: 2 (s) The construction, installation, operation, or 3 maintenance of floating vessel platforms or floating boat 4 lifts, provided that such structures: 5 1. Float at all times in the water for the sole 6 purpose of supporting a vessel so that the vessel is out of 7 the water when not in use; 8 2. Are wholly contained within a boat slip previously 9 permitted under ss. 403.91-403.929, 1984 Supplement to the 10 Florida Statutes 1983, as amended, or part IV of chapter 373 ; 11 are, or, when associated with a dock that is exempt under this 12 subsection or a permitted dock with no defined boat slip and, 13 do not exceed a combined total of 500 square feet, or 200 14 square feet in an Outstanding Florida Water; or are attached 15 to a bulkhead on a parcel of land where there is no other 16 docking structure and do not exceed a combined total of 1,000 17 square feet outside of Outstanding Florida Waters, 500 square 18 feet within an Outstanding Florida Water that is not an 19 aquatic preserve, or 200 square feet within an aquatic 20 preserve; 21 3. Are not used for any commercial purpose or for 22 mooring vessels that remain in the water when not in use, and 23 do not substantially impede the flow of water, create a 24 navigational hazard, or unreasonably infringe upon the 25 riparian rights of adjacent property owners, as defined in s. 26 253.141; 27 4. Are constructed and used so as to minimize adverse 28 impacts to submerged lands, wetlands, shellfish areas, aquatic 29 plant and animal species, and other biological communities, 30 including locating such structures in areas where no 31 seagrasses are least dense exist if such areas are present 2 7:49 AM 04/28/05 s2288c-24-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 891902 1 adjacent to the dock or bulkhead; and 2 5. Are not constructed in areas specifically 3 prohibited for boat mooring under conditions of a permit 4 issued in accordance with ss. 403.91-403.929, 1984 Supplement 5 to the Florida Statutes 1983, as amended, or part IV of 6 chapter 373, or other form of authorization issued by a local 7 government. 8 9 Structures that qualify for this exemption are relieved from 10 any requirement to obtain permission to use or occupy lands 11 owned by the Board of Trustees of the Internal Improvement 12 Trust Fund and shall not be subject to any permitting or 13 registration requirements, or other more stringent regulation 14 by any local government. The exemption provided in this 15 paragraph shall be in addition to the exemption provided in 16 paragraph (b). By January 1, 2006 2003, the department shall 17 adopt a general permit by rule for the construction, 18 installation, operation, or maintenance of those floating 19 vessel platforms or floating boat lifts that do not qualify 20 for the exemption provided in this paragraph but do not cause 21 significant adverse impacts to occur individually or 22 cumulatively. The issuance of such general permit shall also 23 constitute permission to use or occupy lands owned by the 24 Board of Trustees of the Internal Improvement Trust Fund. 25 Structures that qualify for Upon the adoption of the rule 26 creating such general permit are not subject to any permitting 27 or registration requirement, or other no local government 28 shall impose a more stringent regulation by any local 29 government on floating vessel platforms or floating boat lifts 30 covered by such general permit. 31 3 7:49 AM 04/28/05 s2288c-24-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 2288 Barcode 891902 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, line 9, after the semicolon, 7 8 insert: 9 amending s. 403.813, F.S.; clarifying 10 provisions relating to an existing exemption 11 from certain regulations for certain floating 12 vessel platforms; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 7:49 AM 04/28/05 s2288c-24-ta1