| 1 | Representative Needelman offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (520211) (with title |
| 4 | amendment) |
| 5 | Remove the entire body and insert: |
| 6 | Section 1. Subsection (5) is added to section 373.118, |
| 7 | Florida Statutes, to read: |
| 8 | 373.118 General permits.-- |
| 9 | (5) The department shall adopt by rule one or more general |
| 10 | permits for local governments to construct, operate, and |
| 11 | maintain public marina facilities, public mooring fields, public |
| 12 | boat ramps, including associated courtesy docks, and associated |
| 13 | parking facilities located in uplands. Such general permits |
| 14 | adopted by rule shall include provisions to ensure compliance |
| 15 | with subsection (1), part IV of this chapter, and the criteria |
| 16 | necessary to include the general permits in a state programmatic |
| 17 | general permit issued by the United States Army Corps of |
| 18 | Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92- |
| 19 | 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility |
| 20 | authorized under such general permits is exempt from review as a |
| 21 | development of regional impact if the facility complies with the |
| 22 | comprehensive plan of the applicable local government. Such |
| 23 | facilities shall be consistent with the local government manatee |
| 24 | protection plan required pursuant to ch. 370 and shall obtain |
| 25 | Clean Marina Program status prior to opening for operation and |
| 26 | maintain that status for the life of the facility. Marinas |
| 27 | authorized under any such general permit shall not exceed an |
| 28 | area of 50,000 square feet over wetlands and other surface |
| 29 | waters. The department shall initiate the rulemaking process |
| 30 | within 60 days after the effective date of this act. |
| 31 | Section 2. This act shall take effect July 1, 2005. |
| 32 |
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| 33 | ================ T I T L E A M E N D M E N T ============= |
| 34 | Remove the entire title and insert: |
| 35 | A bill to be entitled |
| 36 | An act relating to public marinas and boat ramps; amending |
| 37 | s. 373.118, F.S.; directing the Department of |
| 38 | Environmental Protection to adopt rules to authorize local |
| 39 | governments to construct and maintain all facilities, |
| 40 | including public marinas and boat ramps; exempting certain |
| 41 | facilities from development-of-regional-impact review; |
| 42 | providing for regulatory criteria; providing for the use |
| 43 | of submerged lands; providing an effective date. |