| 1 | A bill to be entitled |
| 2 | An act relating to public marinas and boat ramps; amending |
| 3 | s. 403.814, F.S.; directing the Department of |
| 4 | Environmental Protection to authorize local governments to |
| 5 | construct and maintain public marinas and boat ramps; |
| 6 | providing for the use of submerged lands; providing for |
| 7 | regulatory criteria; exempting certain facilities from |
| 8 | development-of-regional-impact review; providing a |
| 9 | definition; prohibiting the sale of public marinas and |
| 10 | boat ramps; providing for preemptive fees; specifying the |
| 11 | use of such fees; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
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| 15 | Section 1. Subsection (12) is added to section 403.814, |
| 16 | Florida Statutes, to read: |
| 17 | 403.814 General permits; delegation.-- |
| 18 | (12) The department shall adopt by rule a general permit |
| 19 | providing regulatory and proprietary authorization to local |
| 20 | governments for the construction and maintenance of public |
| 21 | marina facilities and public boat ramps. Such facilities shall |
| 22 | preempt no more than 50,000 square feet of sovereign submerged |
| 23 | lands and shall be reviewed pursuant to the regulatory criteria |
| 24 | set forth in s. 373.414. All public marina facilities |
| 25 | constructed pursuant to this subsection must obtain Clean Marina |
| 26 | Program status within a reasonable time after completion and |
| 27 | must maintain such status for the life of the facility. Any |
| 28 | public facility in compliance with the provisions of this |
| 29 | subsection shall not be required to undergo review as a |
| 30 | development of regional impact as long as the facility is |
| 31 | consistent with the comprehensive plan of the applicable local |
| 32 | government. For the purposes of this section, the term "public |
| 33 | facility" shall mean open to the public on a first-come, first- |
| 34 | served basis with a rental term not to exceed 1 year. No public |
| 35 | marina facility or boat ramp constructed pursuant to this |
| 36 | subsection shall be sold to a private entity. The state hereby |
| 37 | consents to the use of all state lands lying under water that |
| 38 | are necessary for the accomplishment of the purposes of this |
| 39 | subsection. Fees charged to local governments for preemption of |
| 40 | such state lands shall be as set forth in chapter 253 and shall |
| 41 | be used to promote boating access in the state. |
| 42 | Section 2. This act shall take effect July 1, 2005. |