1 | The State Resources Council recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to public marinas and boat ramps; amending |
7 | s. 373.118, F.S.; directing the Department of |
8 | Environmental Protection to adopt by rule one or more |
9 | general permits for local governments to construct, |
10 | operate, and maintain public marinas and boat ramps; |
11 | exempting certain facilities from development-of-regional- |
12 | impact review; defining the term "public"; providing for |
13 | the use of submerged lands; providing for regulatory |
14 | criteria; requiring the conditions of such permits to be |
15 | effective for the life of the facility and binding on |
16 | future facility owners; providing an effective date. |
17 |
|
18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
|
20 | Section 1. Subsection (5) is added to section 373.118, |
21 | Florida Statutes, to read: |
22 | 373.118 General permits.-- |
23 | (5) The department shall adopt by rule one or more general |
24 | permits for local governments to construct, operate, and |
25 | maintain public marina facilities and public boat ramps, |
26 | including associated courtesy docks and associated parking |
27 | facilities located in uplands. Such general permits adopted by |
28 | rule shall include provisions to ensure compliance with |
29 | subsection (1), part IV of this chapter, and the criteria |
30 | necessary to include the general permits in a state programmatic |
31 | general permit issued by the United States Army Corps of |
32 | Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92- |
33 | 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility |
34 | authorized under such general permits is exempt from review as a |
35 | development of regional impact if the facility complies with the |
36 | comprehensive plan of the applicable local government. As used |
37 | in this subsection, the term "public" means the marina or ramp |
38 | is open to the public on a first-come, first-served basis with |
39 | slip rental terms not to exceed 1 year. Such facilities shall be |
40 | consistent with the local government manatee protection plan |
41 | required pursuant to chapter 370 and shall obtain Clean Marina |
42 | Program status prior to opening for operation and maintain that |
43 | status for the life of the facility. Marinas authorized under |
44 | any such general permits shall not exceed an area of 50,000 |
45 | square feet over wetlands and other surface waters and shall |
46 | accommodate an average vessel length not to exceed 45 feet or |
47 | vessels whose size range reflects that of vessels registered in |
48 | the jurisdiction of the local government. Boat ramps authorized |
49 | under any such general permits shall be limited to ramps |
50 | associated with a parking facility designed to accommodate no |
51 | more than 100 vehicles with trailers. All conditions of general |
52 | permits adopted pursuant to this subsection shall remain in |
53 | effect for the life of the facility and shall be binding on any |
54 | future owners of the facility. |
55 | Section 2. This act shall take effect July 1, 2005. |