1 | A bill to be entitled |
2 | An act relating to public marinas and boat ramps; amending |
3 | s. 373.118, F.S.; directing the Department of |
4 | Environmental Protection to adopt rules to authorize local |
5 | governments to construct and maintain all facilities, |
6 | including public marinas and boat ramps; exempting certain |
7 | facilities from development-of-regional-impact review; |
8 | providing for regulatory criteria; providing for the use |
9 | of submerged lands; amending s. 403.813, F.S.; revising |
10 | permit exemption requirements for floating vessel |
11 | platforms or floating boat lifts; providing an effective |
12 | date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Subsection (5) is added to section 373.118, |
17 | Florida Statutes, to read: |
18 | 373.118 General permits.-- |
19 | (5) The department shall adopt by rule one or more general |
20 | permits for local governments to construct, operate, and |
21 | maintain public marina facilities, public mooring fields, public |
22 | boat ramps, including associated courtesy docks, and associated |
23 | parking facilities located in uplands. Such general permits |
24 | adopted by rule shall include provisions to ensure compliance |
25 | with subsection (1), part IV of this chapter, and the criteria |
26 | necessary to include the general permits in a state programmatic |
27 | general permit issued by the United States Army Corps of |
28 | Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92- |
29 | 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility |
30 | authorized under such general permits is exempt from review as a |
31 | development of regional impact if the facility complies with the |
32 | comprehensive plan of the applicable local government. Such |
33 | facilities shall be consistent with the local government manatee |
34 | protection plan required pursuant to ch. 370 and shall obtain |
35 | Clean Marina Program status prior to opening for operation and |
36 | maintain that status for the life of the facility. Marinas |
37 | authorized under any such general permit shall not exceed an |
38 | area of 50,000 square feet over wetlands and other surface |
39 | waters. The department shall initiate the rulemaking process |
40 | within 60 days after the effective date of this act. |
41 | Section 2. Paragraph (s) of subsection (2) of section |
42 | 403.813, Florida Statutes, is amended to read: |
43 | 403.813 Permits issued at district centers; exceptions.-- |
44 | (2) A permit is not required under this chapter, chapter |
45 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
46 | chapter 25270, 1949, Laws of Florida, for activities associated |
47 | with the following types of projects; however, except as |
48 | otherwise provided in this subsection, nothing in this |
49 | subsection relieves an applicant from any requirement to obtain |
50 | permission to use or occupy lands owned by the Board of Trustees |
51 | of the Internal Improvement Trust Fund or any water management |
52 | district in its governmental or proprietary capacity or from |
53 | complying with applicable local pollution control programs |
54 | authorized under this chapter or other requirements of county |
55 | and municipal governments: |
56 | (s) The construction, installation, operation, or |
57 | maintenance of floating vessel platforms or floating boat lifts, |
58 | provided that such structures: |
59 | 1. Float at all times in the water for the sole purpose of |
60 | supporting a vessel so that the vessel is out of the water when |
61 | not in use; |
62 | 2. Are wholly contained within a boat slip previously |
63 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
64 | Florida Statutes 1983, as amended, or part IV of chapter 373; |
65 | are, or, when associated with a dock that is exempt under this |
66 | subsection or a permitted dock with no defined boat slip and, do |
67 | not exceed a combined total of 500 square feet, or 200 square |
68 | feet in an Outstanding Florida Water; or are attached to a |
69 | bulkhead on a parcel of land where there is no other docking |
70 | structure and do not exceed a combined total of 1,000 square |
71 | feet outside of Outstanding Florida Waters, 500 square feet |
72 | within an Outstanding Florida Water that is not an aquatic |
73 | preserve, or 200 square feet within an aquatic preserve; |
74 | 3. Are not used for any commercial purpose or for mooring |
75 | vessels that remain in the water when not in use, and do not |
76 | substantially impede the flow of water, create a navigational |
77 | hazard, or unreasonably infringe upon the riparian rights of |
78 | adjacent property owners, as defined in s. 253.141; |
79 | 4. Are constructed and used so as to minimize adverse |
80 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
81 | plant and animal species, and other biological communities, |
82 | including locating such structures in areas where no seagrasses |
83 | are least dense exist if such areas are present adjacent to the |
84 | dock or bulkhead; and |
85 | 5. Are not constructed in areas specifically prohibited |
86 | for boat mooring under conditions of a permit issued in |
87 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
88 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
89 | other form of authorization issued by a local government. |
90 |
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91 | Structures that qualify for this exemption are relieved from any |
92 | requirement to obtain permission to use or occupy lands owned by |
93 | the Board of Trustees of the Internal Improvement Trust Fund and |
94 | shall not be subject to any permitting requirement, registration |
95 | requirement, or other more stringent regulation by any local |
96 | government. The exemption provided in this paragraph shall be in |
97 | addition to the exemption provided in paragraph (b). By January |
98 | 1, 2006 2003, the department shall adopt a general permit by |
99 | rule for the construction, installation, operation, or |
100 | maintenance of those floating vessel platforms or floating boat |
101 | lifts that do not qualify for the exemption provided in this |
102 | paragraph but do not cause significant adverse impacts to occur |
103 | individually or cumulatively. The issuance of such general |
104 | permit shall also constitute permission to use or occupy lands |
105 | owned by the Board of Trustees of the Internal Improvement Trust |
106 | Fund. Structures that qualify for Upon the adoption of the rule |
107 | creating such general permit shall not be subject to any |
108 | permitting requirement, registration requirement, or other more |
109 | stringent regulation by any, no local government shall impose a |
110 | more stringent regulation on floating vessel platforms or |
111 | floating boat lifts covered by such general permit. |
112 | Section 3. This act shall take effect July 1, 2005. |