1 | Representative Berfield offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 54 and 55, insert: |
5 | Section 2. Paragraph (s) of subsection (2) of section |
6 | 403.813, Florida Statutes, is amended to read: |
7 | 403.813 Permits issued at district centers; exceptions.-- |
8 | (2) A permit is not required under this chapter, chapter |
9 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
10 | chapter 25270, 1949, Laws of Florida, for activities associated |
11 | with the following types of projects; however, except as |
12 | otherwise provided in this subsection, nothing in this |
13 | subsection relieves an applicant from any requirement to obtain |
14 | permission to use or occupy lands owned by the Board of Trustees |
15 | of the Internal Improvement Trust Fund or any water management |
16 | district in its governmental or proprietary capacity or from |
17 | complying with applicable local pollution control programs |
18 | authorized under this chapter or other requirements of county |
19 | and municipal governments: |
20 | (s) The construction, installation, operation, or |
21 | maintenance of floating vessel platforms or floating boat lifts, |
22 | provided that such structures: |
23 | 1. Float at all times in the water for the sole purpose of |
24 | supporting a vessel so that the vessel is out of the water when |
25 | not in use; |
26 | 2. Are wholly contained within a boat slip previously |
27 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
28 | Florida Statutes 1983, as amended, or part IV of chapter 373; |
29 | are, or, when associated with a dock that is exempt under this |
30 | subsection or a permitted dock with no defined boat slip and, do |
31 | not exceed a combined total of 500 square feet, or 200 square |
32 | feet in an Outstanding Florida Water; or are attached to a |
33 | bulkhead on a parcel of land where there is no other docking |
34 | structure and do not exceed a combined total of 1,000 square |
35 | feet outside of Outstanding Florida Waters, 500 square feet |
36 | within an Outstanding Florida Water that is not an aquatic |
37 | preserve, or 200 square feet within an aquatic preserve; |
38 | 3. Are not used for any commercial purpose or for mooring |
39 | vessels that remain in the water when not in use, and do not |
40 | substantially impede the flow of water, create a navigational |
41 | hazard, or unreasonably infringe upon the riparian rights of |
42 | adjacent property owners, as defined in s. 253.141; |
43 | 4. Are constructed and used so as to minimize adverse |
44 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
45 | plant and animal species, and other biological communities, |
46 | including locating such structures in areas where no seagrasses |
47 | are least dense exist if such areas are present adjacent to the |
48 | dock or bulkhead; and |
49 | 5. Are not constructed in areas specifically prohibited |
50 | for boat mooring under conditions of a permit issued in |
51 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
52 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
53 | other form of authorization issued by a local government. |
54 |
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55 | Structures that qualify for this exemption are relieved from any |
56 | requirement to obtain permission to use or occupy lands owned by |
57 | the Board of Trustees of the Internal Improvement Trust Fund and |
58 | shall not be subject to any permitting requirement, registration |
59 | requirement, or other more stringent regulation by any local |
60 | government. The exemption provided in this paragraph shall be in |
61 | addition to the exemption provided in paragraph (b). By January |
62 | 1, 2006 2003, the department shall adopt a general permit by |
63 | rule for the construction, installation, operation, or |
64 | maintenance of those floating vessel platforms or floating boat |
65 | lifts that do not qualify for the exemption provided in this |
66 | paragraph but do not cause significant adverse impacts to occur |
67 | individually or cumulatively. The issuance of such general |
68 | permit shall also constitute permission to use or occupy lands |
69 | owned by the Board of Trustees of the Internal Improvement Trust |
70 | Fund. Structures that qualify for Upon the adoption of the rule |
71 | creating such general permit shall not be subject to any |
72 | permitting requirement, registration requirement, or other more |
73 | stringent regulation by any, no local government shall impose a |
74 | more stringent regulation on floating vessel platforms or |
75 | floating boat lifts covered by such general permit. |
76 |
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77 | ================ T I T L E A M E N D M E N T ============= |
78 | Remove line 16 and insert: |
79 | future facility owners; amending s. 403.813, F.S.; |
80 | clarifying the effect of the existing exemption for |
81 | floating vessel platforms or floating boat lifts; |
82 | providing an effective date. |