Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2128
                        Barcode 351828
                            CHAMBER ACTION
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       04/18/2006 06:46 PM         .                    
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11  The Committee on Environmental Preservation (Smith)
12  recommended the following amendment to amendment (191400):
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14         Senate Amendment (with title amendment) 
15         On page 9, between lines 28 and 29,
16  
17  and insert:  
18         Section 8.  Paragraph (s) of subsection (2) of section
19  403.813, Florida Statutes, is amended to read:
20         403.813  Permits issued at district centers;
21  exceptions.--
22         (2)  A permit is not required under this chapter,
23  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
24  or chapter 25270, 1949, Laws of Florida, for activities
25  associated with the following types of projects; however,
26  except as otherwise provided in this subsection, nothing in
27  this subsection relieves an applicant from any requirement to
28  obtain permission to use or occupy lands owned by the Board of
29  Trustees of the Internal Improvement Trust Fund or any water
30  management district in its governmental or proprietary
31  capacity or from complying with applicable local pollution
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    12:45 PM   04/18/06                             s2128.ep14.01a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 351828 1 control programs authorized under this chapter or other 2 requirements of county and municipal governments: 3 (s) The construction, installation, operation, or 4 maintenance of floating vessel platforms or floating boat 5 lifts, provided that such structures: 6 1. Float at all times in the water for the sole 7 purpose of supporting a vessel so that the vessel is out of 8 the water when not in use; 9 2. Are wholly contained within a boat slip previously 10 permitted under ss. 403.91-403.929, 1984 Supplement to the 11 Florida Statutes 1983, as amended, or part IV of chapter 373, 12 or do not exceed a combined total of 500 square feet, or 200 13 square feet in an Outstanding Florida Water, when associated 14 with a dock that is exempt under this subsection or associated 15 with a permitted dock with no defined boat slip or attached to 16 a bulkhead on a parcel of land where there is no other docking 17 structure, do not exceed a combined total of 500 square feet, 18 or 200 square feet in an Outstanding Florida Water; 19 3. Are not used for any commercial purpose or for 20 mooring vessels that remain in the water when not in use, and 21 do not substantially impede the flow of water, create a 22 navigational hazard, or unreasonably infringe upon the 23 riparian rights of adjacent property owners, as defined in s. 24 253.141; 25 4. Are constructed and used so as to minimize adverse 26 impacts to submerged lands, wetlands, shellfish areas, aquatic 27 plant and animal species, and other biological communities, 28 including locating such structures in areas where no 29 seagrasses are least dense exist if such areas are present 30 adjacent to the dock or bulkhead; and 31 5. Are not constructed in areas specifically 2 12:45 PM 04/18/06 s2128.ep14.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 351828 1 prohibited for boat mooring under conditions of a permit 2 issued in accordance with ss. 403.91-403.929, 1984 Supplement 3 to the Florida Statutes 1983, as amended, or part IV of 4 chapter 373, or other form of authorization issued by a local 5 government. 6 7 Structures that qualify for this exemption are relieved from 8 any requirement to obtain permission to use or occupy lands 9 owned by the Board of Trustees of the Internal Improvement 10 Trust Fund and shall not be subject to any more stringent 11 permitting requirements, registration requirements, or other 12 regulation by any local government. Local governments may 13 require either permitting or one-time registration of floating 14 vessel platforms as necessary to ensure compliance with the 15 exemption criteria in this section; to ensure compliance with 16 local ordinances, codes, or regulations relating to building 17 or zoning, which are no more stringent than the exemption 18 criteria in this section; and to ensure proper installation 19 and maintenance of a floating vessel platform or floating boat 20 lift that is proposed to be attached to a bulkhead or parcel 21 of land where there is no other docking structure. The 22 exemption provided in this paragraph shall be in addition to 23 the exemption provided in paragraph (b). By January 1, 2003, 24 The department shall adopt a general permit by rule for the 25 construction, installation, operation, or maintenance of those 26 floating vessel platforms or floating boat lifts that do not 27 qualify for the exemption provided in this paragraph but do 28 not cause significant adverse impacts to occur individually or 29 cumulatively. The issuance of such general permit shall also 30 constitute permission to use or occupy lands owned by the 31 Board of Trustees of the Internal Improvement Trust Fund. Upon 3 12:45 PM 04/18/06 s2128.ep14.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 351828 1 the adoption of the rule creating such general permit, No 2 local government shall impose a more stringent regulation, 3 permitting requirement, registration requirement, or other 4 regulation covered by such general permit. Local governments 5 may require either permitting or one-time registration of 6 floating vessel platforms as necessary to ensure compliance 7 with the general permit in this section; to ensure compliance 8 with local ordinances, codes, or regulations relating to 9 building or zoning that are no more stringent than the general 10 permit in this section; and to ensure proper installation and 11 maintenance of a floating vessel platform or floating boat 12 lift that is proposed to be attached to a bulkhead or parcel 13 of land where there is no other docking structure on floating 14 vessel platforms or floating boat lifts covered by such 15 general permit. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 14, line 29, after the semicolon 21 22 insert: 23 amending s. 403.813, F.S.; providing exemptions 24 from permitting, registration, and regulation 25 of floating vessel platforms or floating boat 26 lifts by a local government; authorizing local 27 governments to require certain permits or 28 registration for floating vessel platforms or 29 floating boat lifts under certain 30 circumstances; 31 4 12:45 PM 04/18/06 s2128.ep14.01a