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