HB 635

1
A bill to be entitled
2An act relating to water management; amending s. 374.975,
3F.S.; providing that operation and maintenance of the
4intracoastal waterways and certain other public navigation
5channels by inland navigation districts is in the public
6interest; amending s. 374.976, F.S.; authorizing inland
7navigation districts to aid and cooperate with certain
8nonmember counties in addressing the impacts of waterway
9development projects; amending s. 403.813, F.S.; removing
10provisions requiring the Secretary of Environmental
11Protection to adopt procedural rules for certain dredge
12and fill projects; revising provisions for maintenance
13dredging of certain areas; providing criteria for such
14works; removing activities related to irrigation and
15drainage ditch projects from certain permitting
16exemptions; amending ss. 253.03, 373.4145, and 380.061,
17F.S.; conforming cross-references to changes made by the
18act; authorizing the Department of Environmental
19Protection to develop and maintain a list of flocculants
20the use of which is permitted under part IV of chapter
21373, F.S., relating to management and storage of surface
22waters; repealing s. 374.977, F.S., relating to
23responsibility of inland navigation districts for posting
24and maintaining regulatory markers for manatee protection
25speed zones; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (1) of section 374.975, Florida
30Statutes, is amended to read:
31     374.975  Inland navigation districts; legislative intent.--
32     (1)  The Legislature hereby recognizes the continuing need
33for inland navigation districts to undertake programs necessary
34to accomplish the purposes of construction, maintenance, and
35operation of Florida's inland waterways pursuant to s. 107 of
36the federal River and Harbor Act of 1960 (33 U.S.C. s. 577) and
37that is in the public interest for inland navigation districts
38to operate and maintain the intracoastal waterways and any other
39public navigation channels authorized by the Board of Trustees
40of the Internal Improvement Trust Fund.
41     Section 2.  Paragraph (c) of subsection (1) of section
42374.976, Florida Statutes, is amended to read:
43     374.976  Authority to address impacts of waterway
44development projects.--
45     (1)  Each inland navigation district is empowered and
46authorized to undertake programs intended to alleviate the
47problems associated with its waterway or waterways, including,
48but not limited to, the following:
49     (c)  The district is authorized to aid and cooperate with
50the Federal Government, state, member counties, nonmember
51counties that contain any part of the intracoastal waterway
52within their boundaries, navigation districts, and local
53governments within the district in planning and carrying out
54public navigation, local and regional anchorage management,
55beach renourishment, public recreation, inlet management,
56environmental education, and boating safety projects, directly
57related to the waterways. The district is also authorized to
58enter into cooperative agreements with the United States Army
59Corps of Engineers, state, and member counties, and to covenant
60in any such cooperative agreement to pay part of the costs of
61acquisition, planning, development, construction,
62reconstruction, extension, improvement, operation, and
63maintenance of such projects.
64     Section 3.  Section 403.813, Florida Statutes, is amended
65to read:
66     403.813  Permits issued at district centers; exceptions.--
67     (1)  The secretary shall adopt procedural rules providing
68for a short-form application for, and issuance at the district
69centers of, permits for:
70     (a)  Projects which affect less than 10 acres of
71jurisdictional area and are within the landward extent of waters
72of the state that are directly impacted by dredging or filling,
73including other areas severed from or connected to waters of the
74state as a result of dredge and fill activities.
75     (b)  Docking facilities of less than 10 wet slips, which
76facilities do not provide commercial or marine supplies or
77services.
78     (c)  New seawalls or similar structures which do not exceed
79500 linear feet of shoreline.
80     (d)  The installation of subaqueous transmission and
81distribution lines laid on, or embedded in, the bottoms of
82waters of the state carrying water, electricity, communication
83cables, oil, and gas, except as exempted by paragraph (2)(m) or
84paragraph (2)(n).
85     (e)  Other similar projects that are limited in scope as
86specified by rule.
87     (1)(2)  A permit is not required under this chapter,
88chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
89or chapter 25270, 1949, Laws of Florida, for activities
90associated with the following types of projects; however, except
91as otherwise provided in this subsection, nothing in this
92subsection relieves an applicant from any requirement to obtain
93permission to use or occupy lands owned by the Board of Trustees
94of the Internal Improvement Trust Fund or any water management
95district in its governmental or proprietary capacity or from
96complying with applicable local pollution control programs
97authorized under this chapter or other requirements of county
98and municipal governments:
99     (a)  The installation of overhead transmission lines, with
100support structures which are not constructed in waters of the
101state and which do not create a navigational hazard.
102     (b)  The installation and repair of mooring pilings and
103dolphins associated with private docking facilities or piers and
104the installation of private docks, piers and recreational
105docking facilities, or piers and recreational docking facilities
106of local governmental entities when the local governmental
107entity's activities will not take place in any manatee habitat,
108any of which docks:
109     1.  Has 500 square feet or less of over-water surface area
110for a dock which is located in an area designated as Outstanding
111Florida Waters or 1,000 square feet or less of over-water
112surface area for a dock which is located in an area which is not
113designated as Outstanding Florida Waters;
114     2.  Is constructed on or held in place by pilings or is a
115floating dock which is constructed so as not to involve filling
116or dredging other than that necessary to install the pilings;
117     3.  Shall not substantially impede the flow of water or
118create a navigational hazard;
119     4.  Is used for recreational, noncommercial activities
120associated with the mooring or storage of boats and boat
121paraphernalia; and
122     5.  Is the sole dock constructed pursuant to this exemption
123as measured along the shoreline for a distance of 65 feet,
124unless the parcel of land or individual lot as platted is less
125than 65 feet in length along the shoreline, in which case there
126may be one exempt dock allowed per parcel or lot.
127
128Nothing in this paragraph shall prohibit the department from
129taking appropriate enforcement action pursuant to this chapter
130to abate or prohibit any activity otherwise exempt from
131permitting pursuant to this paragraph if the department can
132demonstrate that the exempted activity has caused water
133pollution in violation of this chapter.
134     (c)  The installation and maintenance to design
135specifications of boat ramps on artificial bodies of water where
136navigational access to the proposed ramp exists or the
137installation of boat ramps open to the public in any waters of
138the state where navigational access to the proposed ramp exists
139and where the construction of the proposed ramp will be less
140than 30 feet wide and will involve the removal of less than 25
141cubic yards of material from the waters of the state, and the
142maintenance to design specifications of such ramps; however, the
143material to be removed shall be placed upon a self-contained
144upland site so as to prevent the escape of the spoil material
145into the waters of the state.
146     (d)  The replacement or repair of existing docks and piers,
147except that no fill material is to be used and provided that the
148replacement or repaired dock or pier is in the same location and
149of the same configuration and dimensions as the dock or pier
150being replaced or repaired.
151     (e)  The restoration of seawalls at their previous
152locations or upland of, or within 1 foot waterward of, their
153previous locations. However, this shall not affect the
154permitting requirements of chapter 161, and department rules
155shall clearly indicate that this exception does not constitute
156an exception from the permitting requirements of chapter 161.
157     (f)1.  Maintenance dredging of the following areas that
158have been previously dredged or excavated:
159     a.  Boat basins.
160     b.  Boat slips.
161     c.  Intake and discharge structures.
162     d.  Navigation channels.
163     e.  Portions of natural water bodies within drainage
164rights-of-way or drainage easements that have been recorded in
165the public records of the county.
166     f.  Port facilities.
167     g.  Predominantly residential canals and canal systems.
168     h.  Manmade waters that were wholly excavated from lands
169other than wetlands and other surface waters such as canals,
170irrigation ditches, drainage ditches, and semienclosed port
171berths.
172     2.  All such maintenance dredging must meet the following
173conditions:
174     a.  The proposed work must be for purposes of maintenance
175rather than restoration. Work is not maintenance when the area
176to be dredged fails to reasonably fulfill its original design
177function, or the repairs needed to return the system to its
178original design are so extensive that they would cause more than
179a minimal individual or cumulative adverse environmental impact.
180This shall not be construed to prohibit maintenance dredging of
181areas where the loss of design function has been caused by storm
182events, provided that the dredging is performed as soon as
183practical after the storm event. Maintenance dredging that
184commences within two years of the storm event shall be presumed
185to satisfy this provision. If more than two years are need to
186commence the maintenance dredging after the storm event, a
187request shall be submitted to the department accompanied by a
188statement, including supporting documentation, that contractors
189are not available or that additional time is needed to obtain
190authorization from the U.S. Army Corps of Engineers.
191     b.  The area to be dredged must have been lawfully dredged
192or excavated pursuant to all applicable state and federal
193permits or authorizations at the time of original construction.
194     c.  No more dredging shall be performed than is necessary
195to maintain the area to be dredged in conformance with its
196original design specification or configuration, whichever is
197less. Dredging of intake or discharge structures or canals that
198were originally constructed prior to the requirement to obtain
199any state or federal permit shall be limited to a depth of no
200more than 5 feet below mean or ordinary low water, or the
201original design specification or configuration, whichever is
202less.
203     d.  No significant impacts shall occur to previously
204undisturbed natural areas.
205     e.  All dredged material shall be removed and deposited
206within a lawfully existing upland disposal site or an offshore
207dredged material disposal site located outside of the state's
208territorial limits that has been approved by the U.S.
209Environmental Protection Agency under s. 102 of the Marine
210Protection, Research, and Sanctuaries Act of l972.
211     f.  Turbidity curtains or other best management practices
212shall be installed and maintained to minimize turbidity and
213prevent erosion, scour, and the release of toxic or deleterious
214substances such that the activity does not result in violations
215of water quality standards at all points of dredging and
216discharge, and at the dredged material disposal site, except as
217provided below:
218     (I)  A mixing zone for turbidity is granted within a 100-
219meter radius from the point of dredging while dredging is
220ongoing provided that the mixing zone does not extend into areas
221supporting submerged aquatic vegetation or hardbottom
222communities.
223     (II)  The discharge of return water from the dredged
224material disposal site shall be allowed so long as the discharge
225water does not result in a violation of water quality standards
226in the receiving waters. However, return water discharges into
227manmade waters as described in sub-subparagraph 1.h., other than
228those in Monroe County, shall be granted a mixing zone for
229turbidity within a 150-meter radius from the point of discharge
230during and immediately following discharges while dredging is
231ongoing; such a mixing zone shall not extend outside of the
232manmade waters.
233     g.  All work performed under this exemption shall be
234conducted in compliance with s. 370.12(2)(d).
235     h.  No charge shall be exacted by the state for material
236removed during such maintenance dredging by a public port
237authority or inland navigation district.
238     i.  The dredging shall not involve the removal or
239alteration of a natural or manmade barrier separating manmade
240waters as described in sub-subparagraph 1.h. from adjacent
241waters.
242     j.  Any person seeking to use this exemption in previously
243dredged portions of natural water bodies within drainage rights-
244of-way or drainage easements which have been recorded in the
245public records of the county shall notify the department or
246water management district, as applicable, at least 30 days prior
247to dredging, and provide documentation of original design
248specifications or configurations of the area to be dredged,
249where such exist, in the notice.
250     k.  The use of flocculants at the disposal site is allowed
251provided that such use, including supporting documentation, has
252been coordinated in advance with the department and determined
253to not be harmful to water resources.
254     (f)  The performance of maintenance dredging of existing
255manmade canals, channels, intake and discharge structures, and
256previously dredged portions of natural water bodies within
257drainage rights-of-way or drainage easements which have been
258recorded in the public records of the county, where the spoil
259material is to be removed and deposited on a self-contained,
260upland spoil site which will prevent the escape of the spoil
261material into the waters of the state, provided that no more
262dredging is to be performed than is necessary to restore the
263canals, channels, and intake and discharge structures, and
264previously dredged portions of natural water bodies, to original
265design specifications or configurations, provided that the work
266is conducted in compliance with s. 370.12(2)(d), provided that
267no significant impacts occur to previously undisturbed natural
268areas, and provided that control devices for return flow and
269best management practices for erosion and sediment control are
270utilized to prevent bank erosion and scouring and to prevent
271turbidity, dredged material, and toxic or deleterious substances
272from discharging into adjacent waters during maintenance
273dredging. Further, for maintenance dredging of previously
274dredged portions of natural water bodies within recorded
275drainage rights-of-way or drainage easements, an entity that
276seeks an exemption must notify the department or water
277management district, as applicable, at least 30 days prior to
278dredging and provide documentation of original design
279specifications or configurations where such exist. This
280exemption applies to all canals and previously dredged portions
281of natural water bodies within recorded drainage rights-of-way
282or drainage easements constructed prior to April 3, 1970, and to
283those canals and previously dredged portions of natural water
284bodies constructed on or after April 3, 1970, pursuant to all
285necessary state permits. This exemption does not apply to the
286removal of a natural or manmade barrier separating a canal or
287canal system from adjacent waters. When no previous permit has
288been issued by the Board of Trustees of the Internal Improvement
289Trust Fund or the United States Army Corps of Engineers for
290construction or maintenance dredging of the existing manmade
291canal or intake or discharge structure, such maintenance
292dredging shall be limited to a depth of no more than 5 feet
293below mean low water. The Board of Trustees of the Internal
294Improvement Trust Fund may fix and recover from the permittee an
295amount equal to the difference between the fair market value and
296the actual cost of the maintenance dredging for material removed
297during such maintenance dredging. However, no charge shall be
298exacted by the state for material removed during such
299maintenance dredging by a public port authority. The removing
300party may subsequently sell such material; however, proceeds
301from such sale that exceed the costs of maintenance dredging
302shall be remitted to the state and deposited in the Internal
303Improvement Trust Fund.
304     (g)  The maintenance of existing insect control structures
305and, dikes, and irrigation and drainage ditches, provided that
306spoil material is deposited on a self-contained, upland spoil
307site which will prevent the escape of the spoil material into
308waters of the state. In the case of insect control structures,
309if the cost of using a self-contained upland spoil site is so
310excessive, as determined by the Department of Health, pursuant
311to s. 403.088(1), that it will inhibit proposed insect control,
312then-existing spoil sites or dikes may be used, upon
313notification to the department. In the case of insect control
314where upland spoil sites are not used pursuant to this
315exemption, turbidity control devices shall be used to confine
316the spoil material discharge to that area previously disturbed
317when the receiving body of water is used as a potable water
318supply, is designated as shellfish harvesting waters, or
319functions as a habitat for commercially or recreationally
320important shellfish or finfish. In all cases, no more dredging
321is to be performed than is necessary to maintain restore the
322dike or irrigation or drainage ditch to its original design
323specifications.
324     (h)  The repair or replacement of existing functional pipes
325or culverts the purpose of which is the discharge or conveyance
326of stormwater. In all cases, the invert elevation, the diameter,
327and the length of the culvert shall not be changed. However, the
328material used for the culvert may be different from the
329original.
330     (i)  The construction of private docks of 1,000 square feet
331or less of over-water surface area and seawalls in artificially
332created waterways where such construction will not violate
333existing water quality standards, impede navigation, or affect
334flood control. This exemption does not apply to the construction
335of vertical seawalls in estuaries or lagoons unless the proposed
336construction is within an existing manmade canal where the
337shoreline is currently occupied in whole or part by vertical
338seawalls.
339     (j)  The construction and maintenance of swales.
340     (k)  The installation of aids to navigation and buoys
341associated with such aids, provided the devices are marked
342pursuant to s. 327.40.
343     (l)  The replacement or repair of existing open-trestle
344foot bridges and vehicular bridges that are 100 feet or less in
345length and two lanes or less in width, provided that no more
346dredging or filling of submerged lands is performed other than
347that which is necessary to replace or repair pilings and that
348the structure to be replaced or repaired is the same length, the
349same configuration, and in the same location as the original
350bridge. No debris from the original bridge shall be allowed to
351remain in the waters of the state.
352     (m)  The installation of subaqueous transmission and
353distribution lines laid on, or embedded in, the bottoms of
354waters in the state, except in Class I and Class II waters and
355aquatic preserves, provided no dredging or filling is necessary.
356     (n)  The replacement or repair of subaqueous transmission
357and distribution lines laid on, or embedded in, the bottoms of
358waters of the state.
359     (o)  The construction of private seawalls in wetlands or
360other surface waters where such construction is between and
361adjoins at both ends existing seawalls; follows a continuous and
362uniform seawall construction line with the existing seawalls; is
363no more than 150 feet in length; and does not violate existing
364water quality standards, impede navigation, or affect flood
365control. However, in estuaries and lagoons the construction of
366vertical seawalls is limited to the circumstances and purposes
367stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
368the permitting requirements of chapter 161, and department rules
369must clearly indicate that this exception does not constitute an
370exception from the permitting requirements of chapter 161.
371     (p)  The restoration of existing insect control impoundment
372dikes which are less than 100 feet in length. Such impoundments
373shall be connected to tidally influenced waters for 6 months
374each year beginning September 1 and ending February 28 if
375feasible or operated in accordance with an impoundment
376management plan approved by the department. A dike restoration
377may involve no more dredging than is necessary to restore the
378dike to its original design specifications. For the purposes of
379this paragraph, restoration does not include maintenance of
380impoundment dikes of operating insect control impoundments.
381     (q)  The construction, operation, or maintenance of
382stormwater management facilities which are designed to serve
383single-family residential projects, including duplexes,
384triplexes, and quadruplexes, if they are less than 10 acres
385total land and have less than 2 acres of impervious surface and
386if the facilities:
387     1.  Comply with all regulations or ordinances applicable to
388stormwater management and adopted by a city or county;
389     2.  Are not part of a larger common plan of development or
390sale; and
391     3.  Discharge into a stormwater discharge facility exempted
392or permitted by the department under this chapter which has
393sufficient capacity and treatment capability as specified in
394this chapter and is owned, maintained, or operated by a city,
395county, special district with drainage responsibility, or water
396management district; however, this exemption does not authorize
397discharge to a facility without the facility owner's prior
398written consent.
399     (r)  The removal of aquatic plants, the removal of
400tussocks, the associated replanting of indigenous aquatic
401plants, and the associated removal from lakes of organic
402detrital material when such planting or removal is performed and
403authorized by permit or exemption granted under s. 369.20 or s.
404369.25, provided that:
405     1.  Organic detrital material that exists on the surface of
406natural mineral substrate shall be allowed to be removed to a
407depth of 3 feet or to the natural mineral substrate, whichever
408is less;
409     2.  All material removed pursuant to this paragraph shall
410be deposited in an upland site in a manner that will prevent the
411reintroduction of the material into waters in the state except
412when spoil material is permitted to be used to create wildlife
413islands in freshwater bodies of the state when a governmental
414entity is permitted pursuant to s. 369.20 to create such islands
415as a part of a restoration or enhancement project;
416     3.  All activities are performed in a manner consistent
417with state water quality standards; and
418     4.  No activities under this exemption are conducted in
419wetland areas, as defined by s. 373.019(25), which are supported
420by a natural soil as shown in applicable United States
421Department of Agriculture county soil surveys, except when a
422governmental entity is permitted pursuant to s. 369.20 to
423conduct such activities as a part of a restoration or
424enhancement project.
425
426The department may not adopt implementing rules for this
427paragraph, notwithstanding any other provision of law.
428     (s)  The construction, installation, operation, or
429maintenance of floating vessel platforms or floating boat lifts,
430provided that such structures:
431     1.  Float at all times in the water for the sole purpose of
432supporting a vessel so that the vessel is out of the water when
433not in use;
434     2.  Are wholly contained within a boat slip previously
435permitted under ss. 403.91-403.929, 1984 Supplement to the
436Florida Statutes 1983, as amended, or part IV of chapter 373, or
437do not exceed a combined total of 500 square feet, or 200 square
438feet in an Outstanding Florida Water, when associated with a
439dock that is exempt under this subsection or associated with a
440permitted dock with no defined boat slip or attached to a
441bulkhead on a parcel of land where there is no other docking
442structure;
443     3.  Are not used for any commercial purpose or for mooring
444vessels that remain in the water when not in use, and do not
445substantially impede the flow of water, create a navigational
446hazard, or unreasonably infringe upon the riparian rights of
447adjacent property owners, as defined in s. 253.141;
448     4.  Are constructed and used so as to minimize adverse
449impacts to submerged lands, wetlands, shellfish areas, aquatic
450plant and animal species, and other biological communities,
451including locating such structures in areas where seagrasses are
452least dense adjacent to the dock or bulkhead; and
453     5.  Are not constructed in areas specifically prohibited
454for boat mooring under conditions of a permit issued in
455accordance with ss. 403.91-403.929, 1984 Supplement to the
456Florida Statutes 1983, as amended, or part IV of chapter 373, or
457other form of authorization issued by a local government.
458
459Structures that qualify for this exemption are relieved from any
460requirement to obtain permission to use or occupy lands owned by
461the Board of Trustees of the Internal Improvement Trust Fund
462and, with the exception of those structures attached to a
463bulkhead on a parcel of land where there is no docking
464structure, shall not be subject to any more stringent permitting
465requirements, registration requirements, or other regulation by
466any local government. Local governments may require either
467permitting or one-time registration of floating vessel platforms
468to be attached to a bulkhead on a parcel of land where there is
469no other docking structure as necessary to ensure compliance
470with local ordinances, codes, or regulations. Local governments
471may require either permitting or one-time registration of all
472other floating vessel platforms as necessary to ensure
473compliance with the exemption criteria in this section; to
474ensure compliance with local ordinances, codes, or regulations
475relating to building or zoning, which are no more stringent than
476the exemption criteria in this section or address subjects other
477than subjects addressed by the exemption criteria in this
478section; and to ensure proper installation, maintenance, and
479precautionary or evacuation action following a tropical storm or
480hurricane watch of a floating vessel platform or floating boat
481lift that is proposed to be attached to a bulkhead or parcel of
482land where there is no other docking structure. The exemption
483provided in this paragraph shall be in addition to the exemption
484provided in paragraph (b). The department shall adopt a general
485permit by rule for the construction, installation, operation, or
486maintenance of those floating vessel platforms or floating boat
487lifts that do not qualify for the exemption provided in this
488paragraph but do not cause significant adverse impacts to occur
489individually or cumulatively. The issuance of such general
490permit shall also constitute permission to use or occupy lands
491owned by the Board of Trustees of the Internal Improvement Trust
492Fund. No local government shall impose a more stringent
493regulation, permitting requirement, registration requirement, or
494other regulation covered by such general permit. Local
495governments may require either permitting or one-time
496registration of floating vessel platforms as necessary to ensure
497compliance with the general permit in this section; to ensure
498compliance with local ordinances, codes, or regulations relating
499to building or zoning that are no more stringent than the
500general permit in this section; and to ensure proper
501installation and maintenance of a floating vessel platform or
502floating boat lift that is proposed to be attached to a bulkhead
503or parcel of land where there is no other docking structure.
504     (t)  The repair, stabilization, or paving of existing
505county maintained roads and the repair or replacement of bridges
506that are part of the roadway, within the Northwest Florida Water
507Management District and the Suwannee River Water Management
508District, provided:
509     1.  The road and associated bridge were in existence and in
510use as a public road or bridge, and were maintained by the
511county as a public road or bridge on or before January 1, 2002;
512     2.  The construction activity does not realign the road or
513expand the number of existing traffic lanes of the existing
514road; however, the work may include the provision of safety
515shoulders, clearance of vegetation, and other work reasonably
516necessary to repair, stabilize, pave, or repave the road,
517provided that the work is constructed by generally accepted
518engineering standards;
519     3.  The construction activity does not expand the existing
520width of an existing vehicular bridge in excess of that
521reasonably necessary to properly connect the bridge with the
522road being repaired, stabilized, paved, or repaved to safely
523accommodate the traffic expected on the road, which may include
524expanding the width of the bridge to match the existing
525connected road. However, no debris from the original bridge
526shall be allowed to remain in waters of the state, including
527wetlands;
528     4.  Best management practices for erosion control shall be
529employed as necessary to prevent water quality violations;
530     5.  Roadside swales or other effective means of stormwater
531treatment must be incorporated as part of the project;
532     6.  No more dredging or filling of wetlands or water of the
533state is performed than that which is reasonably necessary to
534repair, stabilize, pave, or repave the road or to repair or
535replace the bridge, in accordance with generally accepted
536engineering standards; and
537     7.  Notice of intent to use the exemption is provided to
538the department, if the work is to be performed within the
539Northwest Florida Water Management District, or to the Suwannee
540River Water Management District, if the work is to be performed
541within the Suwannee River Water Management District, 30 days
542prior to performing any work under the exemption.
543
544Within 30 days after this act becomes a law, the department
545shall initiate rulemaking to adopt a no fee general permit for
546the repair, stabilization, or paving of existing roads that are
547maintained by the county and the repair or replacement of
548bridges that are part of the roadway where such activities do
549not cause significant adverse impacts to occur individually or
550cumulatively. The general permit shall apply statewide and, with
551no additional rulemaking required, apply to qualified projects
552reviewed by the Suwannee River Water Management District, the
553St. Johns River Water Management District, the Southwest Florida
554Water Management District, and the South Florida Water
555Management District under the division of responsibilities
556contained in the operating agreements applicable to part IV of
557chapter 373. Upon adoption, this general permit shall, pursuant
558to the provisions of subsection (2) (3), supersede and replace
559the exemption in this paragraph.
560     (u)  Notwithstanding any provision to the contrary in this
561subsection, a permit or other authorization under chapter 253,
562chapter 369, chapter 373, or this chapter is not required for an
563individual residential property owner for the removal of organic
564detrital material from freshwater rivers or lakes that have a
565natural sand or rocky substrate and that are not Aquatic
566Preserves or for the associated removal and replanting of
567aquatic vegetation for the purpose of environmental enhancement,
568providing that:
569     1.  No activities under this exemption are conducted in
570wetland areas, as defined by s. 373.019(25), which are supported
571by a natural soil as shown in applicable United States
572Department of Agriculture county soil surveys.
573     2.  No filling or peat mining is allowed.
574     3.  No removal of native wetland trees, including, but not
575limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
576     4.  When removing organic detrital material, no portion of
577the underlying natural mineral substrate or rocky substrate is
578removed.
579     5.  Organic detrital material and plant material removed is
580deposited in an upland site in a manner that will not cause
581water quality violations.
582     6.  All activities are conducted in such a manner, and with
583appropriate turbidity controls, so as to prevent any water
584quality violations outside the immediate work area.
585     7.  Replanting with a variety of aquatic plants native to
586the state shall occur in a minimum of 25 percent of the
587preexisting vegetated areas where organic detrital material is
588removed, except for areas where the material is removed to bare
589rocky substrate; however, an area may be maintained clear of
590vegetation as an access corridor. The access corridor width may
591not exceed 50 percent of the property owner's frontage or 50
592feet, whichever is less, and may be a sufficient length
593waterward to create a corridor to allow access for a boat or
594swimmer to reach open water. Replanting must be at a minimum
595density of 2 feet on center and be completed within 90 days
596after removal of existing aquatic vegetation, except that under
597dewatered conditions replanting must be completed within 90 days
598after reflooding. The area to be replanted must extend waterward
599from the ordinary high water line to a point where normal water
600depth would be 3 feet or the preexisting vegetation line,
601whichever is less. Individuals are required to make a reasonable
602effort to maintain planting density for a period of 6 months
603after replanting is complete, and the plants, including
604naturally recruited native aquatic plants, must be allowed to
605expand and fill in the revegetation area. Native aquatic plants
606to be used for revegetation must be salvaged from the
607enhancement project site or obtained from an aquatic plant
608nursery regulated by the Department of Agriculture and Consumer
609Services. Plants that are not native to the state may not be
610used for replanting.
611     8.  No activity occurs any farther than 100 feet waterward
612of the ordinary high water line, and all activities must be
613designed and conducted in a manner that will not unreasonably
614restrict or infringe upon the riparian rights of adjacent upland
615riparian owners.
616     9.  The person seeking this exemption notifies the
617applicable department district office in writing at least 30
618days before commencing work and allows the department to conduct
619a preconstruction site inspection. Notice must include an
620organic-detrital-material removal and disposal plan and, if
621applicable, a vegetation-removal and revegetation plan.
622     10.  The department is provided written certification of
623compliance with the terms and conditions of this paragraph
624within 30 days after completion of any activity occurring under
625this exemption.
626     (2)(3)  The provisions of subsection (1) (2) are superseded
627by general permits established pursuant to ss. 373.118 and
628403.814 which include the same activities. Until such time as
629general permits are established, or should general permits be
630suspended or repealed, the exemptions under subsection (1) (2)
631shall remain or shall be reestablished in full force and effect.
632     Section 4.  Subsection (16) of section 253.03, Florida
633Statutes, is amended to read:
634     253.03  Board of trustees to administer state lands; lands
635enumerated.--
636     (16)  The Board of Trustees of the Internal Improvement
637Trust Fund, and the state through its agencies, may not control,
638regulate, permit, or charge for any severed materials which are
639removed from the area adjacent to an intake or discharge
640structure pursuant to an exemption authorized in s.
641403.813(1)(2)(f) and (r).
642     Section 5.  Subsection (3) of section 373.4145, Florida
643Statutes, is amended to read:
644     373.4145  Part IV permitting program within the
645geographical jurisdiction of the Northwest Florida Water
646Management District.--
647     (3)  The rules adopted under subsection (1), as applicable,
648shall:
649     (a)  Incorporate the exemptions in ss. 373.406 and
650403.813(1)(2).
651     (b)  Incorporate the provisions of rule 62-341.475(1)(f),
652Florida Administrative Code, applicable to single-family homes
653located entirely or partially within wholly owned, isolated
654wetlands.
655     (c)  Exempt from the notice and permitting requirements of
656this part the construction or private use of a single-family
657dwelling unit, duplex, triplex, or quadruplex that:
658     1.  Is not part of a larger common plan of development or
659sale proposed by the applicant.
660     2.  Does not involve wetlands or other surface waters.
661     (d)  Incorporate the exemptions and general permits that
662are effective under this part and have been enacted by rule by
663the department and other water management districts, including
664the general permits authorized by s. 403.814.
665     (e)  Provide an exemption for the repair, stabilization, or
666paving of county-maintained roads existing on or before January
6671, 2002, and the repair or replacement of bridges that are part
668of the roadway consistent with the provisions of s.
669403.813(1)(2)(t), notwithstanding the provisions of s.
670403.813(1)(2)(t)7. requiring adoption of a general permit
671applicable within the Northwest Florida Water Management
672District and the repeal of such exemption upon the adoption of a
673general permit.
674     (f)  Exempt from rule criteria under paragraph (1)(b) an
675alteration of a wholly owned, artificial surface water created
676entirely from uplands that does not connect to surface waters of
677the state, except for those created for the purpose of providing
678mitigation under this part.
679     Section 6.  Paragraph (a) of subsection (3) of section
680380.061, Florida Statutes, is amended to read:
681     380.061  The Florida Quality Developments program.--
682     (3)(a)  To be eligible for designation under this program,
683the developer shall comply with each of the following
684requirements which is applicable to the site of a qualified
685development:
686     1.  Have donated or entered into a binding commitment to
687donate the fee or a lesser interest sufficient to protect, in
688perpetuity, the natural attributes of the types of land listed
689below. In lieu of the above requirement, the developer may enter
690into a binding commitment which runs with the land to set aside
691such areas on the property, in perpetuity, as open space to be
692retained in a natural condition or as otherwise permitted under
693this subparagraph. Under the requirements of this subparagraph,
694the developer may reserve the right to use such areas for the
695purpose of passive recreation that is consistent with the
696purposes for which the land was preserved.
697     a.  Those wetlands and water bodies throughout the state as
698would be delineated if the provisions of s. 373.4145(1)(b) were
699applied. The developer may use such areas for the purpose of
700site access, provided other routes of access are unavailable or
701impracticable; may use such areas for the purpose of stormwater
702or domestic sewage management and other necessary utilities to
703the extent that such uses are permitted pursuant to chapter 403;
704or may redesign or alter wetlands and water bodies within the
705jurisdiction of the Department of Environmental Protection which
706have been artificially created, if the redesign or alteration is
707done so as to produce a more naturally functioning system.
708     b.  Active beach or primary and, where appropriate,
709secondary dunes, to maintain the integrity of the dune system
710and adequate public accessways to the beach. However, the
711developer may retain the right to construct and maintain
712elevated walkways over the dunes to provide access to the beach.
713     c.  Known archaeological sites determined to be of
714significance by the Division of Historical Resources of the
715Department of State.
716     d.  Areas known to be important to animal species
717designated as endangered or threatened animal species by the
718United States Fish and Wildlife Service or by the Fish and
719Wildlife Conservation Commission, for reproduction, feeding, or
720nesting; for traveling between such areas used for reproduction,
721feeding, or nesting; or for escape from predation.
722     e.  Areas known to contain plant species designated as
723endangered plant species by the Department of Agriculture and
724Consumer Services.
725     2.  Produce, or dispose of, no substances designated as
726hazardous or toxic substances by the United States Environmental
727Protection Agency or by the Department of Environmental
728Protection or the Department of Agriculture and Consumer
729Services. This subparagraph is not intended to apply to the
730production of these substances in nonsignificant amounts as
731would occur through household use or incidental use by
732businesses.
733     3.  Participate in a downtown reuse or redevelopment
734program to improve and rehabilitate a declining downtown area.
735     4.  Incorporate no dredge and fill activities in, and no
736stormwater discharge into, waters designated as Class II,
737aquatic preserves, or Outstanding Florida Waters, except as
738activities in those waters are permitted pursuant to s.
739403.813(1)(2) and the developer demonstrates that those
740activities meet the standards under Class II waters, Outstanding
741Florida Waters, or aquatic preserves, as applicable.
742     5.  Include open space, recreation areas, Xeriscape as
743defined in s. 373.185, and energy conservation and minimize
744impermeable surfaces as appropriate to the location and type of
745project.
746     6.  Provide for construction and maintenance of all onsite
747infrastructure necessary to support the project and enter into a
748binding commitment with local government to provide an
749appropriate fair-share contribution toward the offsite impacts
750which the development will impose on publicly funded facilities
751and services, except offsite transportation, and condition or
752phase the commencement of development to ensure that public
753facilities and services, except offsite transportation, will be
754available concurrent with the impacts of the development. For
755the purposes of offsite transportation impacts, the developer
756shall comply, at a minimum, with the standards of the state land
757planning agency's development-of-regional-impact transportation
758rule, the approved strategic regional policy plan, any
759applicable regional planning council transportation rule, and
760the approved local government comprehensive plan and land
761development regulations adopted pursuant to part II of chapter
762163.
763     7.  Design and construct the development in a manner that
764is consistent with the adopted state plan, the applicable
765strategic regional policy plan, and the applicable adopted local
766government comprehensive plan.
767     Section 7.  The Department of Environmental Protection may
768develop and maintain a list of flocculants the use of which is
769permitted under part IV of chapter 373, Florida Statutes,
770including information concerning any associated testing to
771determine compliance with state permitting standards and
772information on application rates and methods. Publication of
773this list is not a rule under the provisions of chapter 120,
774Florida Statutes. This section does not prevent an entity from
775proposing, or the department from approving, the use of a
776flocculant that is not on the department's list subject to the
777entity providing the necessary documentation required by the
778department to ensure that its use will not cause harm to the
779water resources of the state.
780     Section 8.  Section 374.977, Florida Statutes, is repealed.
781     Section 9.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.