CS/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 Waterway, the Okeechobee Waterway, and
5certain other public navigation channels by inland
6navigation districts is in the public interest; amending
7s. 374.976, F.S.; authorizing inland navigation districts
8to aid and cooperate with certain nonmember counties,
9navigation districts, and seaports in addressing the
10impacts of waterway development projects; authorizing
11inland navigation districts to provide assistance and
12support to seaports for certain waterway projects;
13amending s. 374.977, F.S.; requiring the Fish and Wildlife
14Conservation Commission to post and maintain regulatory
15markers for manatee protection speed zones; authorizing
16the commission to apply for certain funding from inland
17navigation districts for such purpose; amending s.
18403.813, F.S.; removing provisions requiring the Secretary
19of Environmental Protection to adopt procedural rules for
20certain dredge and fill projects; revising provisions for
21maintenance dredging by seaports and inland navigation
22districts; authorizing mixing zones; authorizing discharge
23of the return water under certain conditions; defining the
24term "manmade waters"; prohibiting the state from charging
25seaports and inland navigation districts certain fees;
26authorizing the use of flocculants under certain
27conditions; providing specific time extensions for
28maintenance dredging projects under certain conditions;
29authorizing the Department of Environmental Protection to
30develop and maintain a list of flocculants the use of
31which is permitted under part IV of chapter 373, F.S.,
32relating to management and storage of surface waters;
33amending ss. 253.03, 373.4145, and 380.061, F.S.;
34conforming cross-references to changes made by the act;
35providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsection (1) of section 374.975, Florida
40Statutes, is amended to read:
41     374.975  Inland navigation districts; legislative intent.--
42     (1)  The Legislature hereby recognizes the continuing need
43for inland navigation districts to undertake programs necessary
44to accomplish the purposes of construction, maintenance, and
45operation of Florida's inland waterways pursuant to s. 107 of
46the federal River and Harbor Act of 1960, (33 U.S.C. s. 577,)
47and that is in the public interest for inland navigation
48districts to operate and maintain the Intracoastal Waterway, the
49Okeechobee Waterway, and any other public navigation channels
50authorized by the Board of Trustees of the Internal Improvement
51Trust Fund.
52     Section 2.  Paragraph (c) of subsection (1) and subsection
53(4) of section 374.976, Florida Statutes, are amended to read:
54     374.976  Authority to address impacts of waterway
55development projects.--
56     (1)  Each inland navigation district is empowered and
57authorized to undertake programs intended to alleviate the
58problems associated with its waterway or waterways, including,
59but not limited to, the following:
60     (c)  The district is authorized to aid and cooperate with
61the Federal Government, state, member counties, nonmember
62counties that contain any part of the intracoastal waterway
63within their boundaries, navigation districts, the seaports of
64Jacksonville, Port Canaveral, Fort Pierce, Palm Beach, Port
65Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St.
66Joe, Panama City, Pensacola, Key West, and Fernandina, and local
67governments within the district in planning and carrying out
68public navigation, local and regional anchorage management,
69beach renourishment, public recreation, inlet management,
70environmental education, and boating safety projects, directly
71related to the waterways. The district is also authorized to
72enter into cooperative agreements with the United States Army
73Corps of Engineers, state, and member counties, and to covenant
74in any such cooperative agreement to pay part of the costs of
75acquisition, planning, development, construction,
76reconstruction, extension, improvement, operation, and
77maintenance of such projects.
78     (4)  The Florida Inland Navigation District may furnish
79assistance and support to seaports for the purpose of planning
80and carrying out dredge material management projects, and other
81environmental mitigation projects, and other projects concerning
82waterway related access. Port projects shall benefit publicly
83maintained channels and harbors. Any port eligible for funding
84shall be located in a member county of the district, and each
85port shall contribute matching funds for funded projects.
86Financial assistance for such port projects shall not be
87included in calculating the proportional share of ad valorem tax
88collections of the county in which the port is located, provided
89the port seeking assistance demonstrates a regional benefit
90realized from the port's activities. However, the cost of a port
91project funded under pursuant to this section may not exceed the
92proportional share of ad valorem taxation of the counties in the
93district which are benefited by the project.
94     Section 3.  Section 374.977, Florida Statutes, is amended
95to read:
96     374.977  Inland navigation districts; manatee protection
97speed zones, responsibility for sign posting.--The Fish and
98Wildlife Conservation Commission Each inland navigation district
99shall be responsible for posting and maintaining regulatory
100markers, as approved by the Fish and Wildlife Conservation
101Commission, for manatee protection speed zones pursuant to a
102rule adopted by the commission. The commission may apply to
103inland navigation districts for funding under s. 374.976 to
104assist the commission with its responsibility under this
105section. Such responsibility shall not be limited to the
106intracoastal waterway, but shall include all waters within each
107member county for which regulatory markers must be posted. Sign
108locations shall be jointly selected by the Fish and Wildlife
109Conservation Commission and the appropriate inland navigation
110district, pending necessary federal, state, and local approvals.
111Should an inland navigation district lack the resources or
112otherwise be unable to carry out its sign posting and
113maintenance duties, this responsibility shall then be assumed by
114the Fish and Wildlife Conservation Commission.
115     Section 4.  Section 403.813, Florida Statutes, is amended
116to read:
117     403.813  Permits issued at district centers; exceptions.--
118     (1)  The secretary shall adopt procedural rules providing
119for a short-form application for, and issuance at the district
120centers of, permits for:
121     (a)  Projects which affect less than 10 acres of
122jurisdictional area and are within the landward extent of waters
123of the state that are directly impacted by dredging or filling,
124including other areas severed from or connected to waters of the
125state as a result of dredge and fill activities.
126     (b)  Docking facilities of less than 10 wet slips, which
127facilities do not provide commercial or marine supplies or
128services.
129     (c)  New seawalls or similar structures which do not exceed
130500 linear feet of shoreline.
131     (d)  The installation of subaqueous transmission and
132distribution lines laid on, or embedded in, the bottoms of
133waters of the state carrying water, electricity, communication
134cables, oil, and gas, except as exempted by paragraph (2)(m) or
135paragraph (2)(n).
136     (e)  Other similar projects that are limited in scope as
137specified by rule.
138     (1)(2)  A permit is not required under this chapter,
139chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
140or chapter 25270, 1949, Laws of Florida, for activities
141associated with the following types of projects; however, except
142as otherwise provided in this subsection, nothing in this
143subsection relieves an applicant from any requirement to obtain
144permission to use or occupy lands owned by the Board of Trustees
145of the Internal Improvement Trust Fund or any water management
146district in its governmental or proprietary capacity or from
147complying with applicable local pollution control programs
148authorized under this chapter or other requirements of county
149and municipal governments:
150     (a)  The installation of overhead transmission lines, with
151support structures which are not constructed in waters of the
152state and which do not create a navigational hazard.
153     (b)  The installation and repair of mooring pilings and
154dolphins associated with private docking facilities or piers and
155the installation of private docks, piers and recreational
156docking facilities, or piers and recreational docking facilities
157of local governmental entities when the local governmental
158entity's activities will not take place in any manatee habitat,
159any of which docks:
160     1.  Has 500 square feet or less of over-water surface area
161for a dock which is located in an area designated as Outstanding
162Florida Waters or 1,000 square feet or less of over-water
163surface area for a dock which is located in an area which is not
164designated as Outstanding Florida Waters;
165     2.  Is constructed on or held in place by pilings or is a
166floating dock which is constructed so as not to involve filling
167or dredging other than that necessary to install the pilings;
168     3.  Shall not substantially impede the flow of water or
169create a navigational hazard;
170     4.  Is used for recreational, noncommercial activities
171associated with the mooring or storage of boats and boat
172paraphernalia; and
173     5.  Is the sole dock constructed pursuant to this exemption
174as measured along the shoreline for a distance of 65 feet,
175unless the parcel of land or individual lot as platted is less
176than 65 feet in length along the shoreline, in which case there
177may be one exempt dock allowed per parcel or lot.
178
179Nothing in this paragraph shall prohibit the department from
180taking appropriate enforcement action pursuant to this chapter
181to abate or prohibit any activity otherwise exempt from
182permitting pursuant to this paragraph if the department can
183demonstrate that the exempted activity has caused water
184pollution in violation of this chapter.
185     (c)  The installation and maintenance to design
186specifications of boat ramps on artificial bodies of water where
187navigational access to the proposed ramp exists or the
188installation of boat ramps open to the public in any waters of
189the state where navigational access to the proposed ramp exists
190and where the construction of the proposed ramp will be less
191than 30 feet wide and will involve the removal of less than 25
192cubic yards of material from the waters of the state, and the
193maintenance to design specifications of such ramps; however, the
194material to be removed shall be placed upon a self-contained
195upland site so as to prevent the escape of the spoil material
196into the waters of the state.
197     (d)  The replacement or repair of existing docks and piers,
198except that no fill material is to be used and provided that the
199replacement or repaired dock or pier is in the same location and
200of the same configuration and dimensions as the dock or pier
201being replaced or repaired.
202     (e)  The restoration of seawalls at their previous
203locations or upland of, or within 1 foot waterward of, their
204previous locations. However, this shall not affect the
205permitting requirements of chapter 161, and department rules
206shall clearly indicate that this exception does not constitute
207an exception from the permitting requirements of chapter 161.
208     (f)  The performance of maintenance dredging of existing
209manmade canals, channels, intake and discharge structures, and
210previously dredged portions of natural water bodies within
211drainage rights-of-way or drainage easements which have been
212recorded in the public records of the county, where the spoil
213material is to be removed and deposited on a self-contained,
214upland spoil site which will prevent the escape of the spoil
215material into the waters of the state, provided that no more
216dredging is to be performed than is necessary to restore the
217canals, channels, and intake and discharge structures, and
218previously dredged portions of natural water bodies, to original
219design specifications or configurations, provided that the work
220is conducted in compliance with s. 370.12(2)(d), provided that
221no significant impacts occur to previously undisturbed natural
222areas, and provided that control devices for return flow and
223best management practices for erosion and sediment control are
224utilized to prevent bank erosion and scouring and to prevent
225turbidity, dredged material, and toxic or deleterious substances
226from discharging into adjacent waters during maintenance
227dredging. Further, for maintenance dredging of previously
228dredged portions of natural water bodies within recorded
229drainage rights-of-way or drainage easements, an entity that
230seeks an exemption must notify the department or water
231management district, as applicable, at least 30 days prior to
232dredging and provide documentation of original design
233specifications or configurations where such exist. This
234exemption applies to all canals and previously dredged portions
235of natural water bodies within recorded drainage rights-of-way
236or drainage easements constructed prior to April 3, 1970, and to
237those canals and previously dredged portions of natural water
238bodies constructed on or after April 3, 1970, pursuant to all
239necessary state permits. This exemption does not apply to the
240removal of a natural or manmade barrier separating a canal or
241canal system from adjacent waters. When no previous permit has
242been issued by the Board of Trustees of the Internal Improvement
243Trust Fund or the United States Army Corps of Engineers for
244construction or maintenance dredging of the existing manmade
245canal or intake or discharge structure, such maintenance
246dredging shall be limited to a depth of no more than 5 feet
247below mean low water. The Board of Trustees of the Internal
248Improvement Trust Fund may fix and recover from the permittee an
249amount equal to the difference between the fair market value and
250the actual cost of the maintenance dredging for material removed
251during such maintenance dredging. However, no charge shall be
252exacted by the state for material removed during such
253maintenance dredging by a public port authority. The removing
254party may subsequently sell such material; however, proceeds
255from such sale that exceed the costs of maintenance dredging
256shall be remitted to the state and deposited in the Internal
257Improvement Trust Fund.
258     (g)  The maintenance of existing insect control structures,
259dikes, and irrigation and drainage ditches, provided that spoil
260material is deposited on a self-contained, upland spoil site
261which will prevent the escape of the spoil material into waters
262of the state. In the case of insect control structures, if the
263cost of using a self-contained upland spoil site is so
264excessive, as determined by the Department of Health, pursuant
265to s. 403.088(1), that it will inhibit proposed insect control,
266then-existing spoil sites or dikes may be used, upon
267notification to the department. In the case of insect control
268where upland spoil sites are not used pursuant to this
269exemption, turbidity control devices shall be used to confine
270the spoil material discharge to that area previously disturbed
271when the receiving body of water is used as a potable water
272supply, is designated as shellfish harvesting waters, or
273functions as a habitat for commercially or recreationally
274important shellfish or finfish. In all cases, no more dredging
275is to be performed than is necessary to restore the dike or
276irrigation or drainage ditch to its original design
277specifications.
278     (h)  The repair or replacement of existing functional pipes
279or culverts the purpose of which is the discharge or conveyance
280of stormwater. In all cases, the invert elevation, the diameter,
281and the length of the culvert shall not be changed. However, the
282material used for the culvert may be different from the
283original.
284     (i)  The construction of private docks of 1,000 square feet
285or less of over-water surface area and seawalls in artificially
286created waterways where such construction will not violate
287existing water quality standards, impede navigation, or affect
288flood control. This exemption does not apply to the construction
289of vertical seawalls in estuaries or lagoons unless the proposed
290construction is within an existing manmade canal where the
291shoreline is currently occupied in whole or part by vertical
292seawalls.
293     (j)  The construction and maintenance of swales.
294     (k)  The installation of aids to navigation and buoys
295associated with such aids, provided the devices are marked
296pursuant to s. 327.40.
297     (l)  The replacement or repair of existing open-trestle
298foot bridges and vehicular bridges that are 100 feet or less in
299length and two lanes or less in width, provided that no more
300dredging or filling of submerged lands is performed other than
301that which is necessary to replace or repair pilings and that
302the structure to be replaced or repaired is the same length, the
303same configuration, and in the same location as the original
304bridge. No debris from the original bridge shall be allowed to
305remain in the waters of the state.
306     (m)  The installation of subaqueous transmission and
307distribution lines laid on, or embedded in, the bottoms of
308waters in the state, except in Class I and Class II waters and
309aquatic preserves, provided no dredging or filling is necessary.
310     (n)  The replacement or repair of subaqueous transmission
311and distribution lines laid on, or embedded in, the bottoms of
312waters of the state.
313     (o)  The construction of private seawalls in wetlands or
314other surface waters where such construction is between and
315adjoins at both ends existing seawalls; follows a continuous and
316uniform seawall construction line with the existing seawalls; is
317no more than 150 feet in length; and does not violate existing
318water quality standards, impede navigation, or affect flood
319control. However, in estuaries and lagoons the construction of
320vertical seawalls is limited to the circumstances and purposes
321stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
322the permitting requirements of chapter 161, and department rules
323must clearly indicate that this exception does not constitute an
324exception from the permitting requirements of chapter 161.
325     (p)  The restoration of existing insect control impoundment
326dikes which are less than 100 feet in length. Such impoundments
327shall be connected to tidally influenced waters for 6 months
328each year beginning September 1 and ending February 28 if
329feasible or operated in accordance with an impoundment
330management plan approved by the department. A dike restoration
331may involve no more dredging than is necessary to restore the
332dike to its original design specifications. For the purposes of
333this paragraph, restoration does not include maintenance of
334impoundment dikes of operating insect control impoundments.
335     (q)  The construction, operation, or maintenance of
336stormwater management facilities which are designed to serve
337single-family residential projects, including duplexes,
338triplexes, and quadruplexes, if they are less than 10 acres
339total land and have less than 2 acres of impervious surface and
340if the facilities:
341     1.  Comply with all regulations or ordinances applicable to
342stormwater management and adopted by a city or county;
343     2.  Are not part of a larger common plan of development or
344sale; and
345     3.  Discharge into a stormwater discharge facility exempted
346or permitted by the department under this chapter which has
347sufficient capacity and treatment capability as specified in
348this chapter and is owned, maintained, or operated by a city,
349county, special district with drainage responsibility, or water
350management district; however, this exemption does not authorize
351discharge to a facility without the facility owner's prior
352written consent.
353     (r)  The removal of aquatic plants, the removal of
354tussocks, the associated replanting of indigenous aquatic
355plants, and the associated removal from lakes of organic
356detrital material when such planting or removal is performed and
357authorized by permit or exemption granted under s. 369.20 or s.
358369.25, provided that:
359     1.  Organic detrital material that exists on the surface of
360natural mineral substrate shall be allowed to be removed to a
361depth of 3 feet or to the natural mineral substrate, whichever
362is less;
363     2.  All material removed pursuant to this paragraph shall
364be deposited in an upland site in a manner that will prevent the
365reintroduction of the material into waters in the state except
366when spoil material is permitted to be used to create wildlife
367islands in freshwater bodies of the state when a governmental
368entity is permitted pursuant to s. 369.20 to create such islands
369as a part of a restoration or enhancement project;
370     3.  All activities are performed in a manner consistent
371with state water quality standards; and
372     4.  No activities under this exemption are conducted in
373wetland areas, as defined by s. 373.019(25), which are supported
374by a natural soil as shown in applicable United States
375Department of Agriculture county soil surveys, except when a
376governmental entity is permitted pursuant to s. 369.20 to
377conduct such activities as a part of a restoration or
378enhancement project.
379
380The department may not adopt implementing rules for this
381paragraph, notwithstanding any other provision of law.
382     (s)  The construction, installation, operation, or
383maintenance of floating vessel platforms or floating boat lifts,
384provided that such structures:
385     1.  Float at all times in the water for the sole purpose of
386supporting a vessel so that the vessel is out of the water when
387not in use;
388     2.  Are wholly contained within a boat slip previously
389permitted under ss. 403.91-403.929, 1984 Supplement to the
390Florida Statutes 1983, as amended, or part IV of chapter 373, or
391do not exceed a combined total of 500 square feet, or 200 square
392feet in an Outstanding Florida Water, when associated with a
393dock that is exempt under this subsection or associated with a
394permitted dock with no defined boat slip or attached to a
395bulkhead on a parcel of land where there is no other docking
396structure;
397     3.  Are not used for any commercial purpose or for mooring
398vessels that remain in the water when not in use, and do not
399substantially impede the flow of water, create a navigational
400hazard, or unreasonably infringe upon the riparian rights of
401adjacent property owners, as defined in s. 253.141;
402     4.  Are constructed and used so as to minimize adverse
403impacts to submerged lands, wetlands, shellfish areas, aquatic
404plant and animal species, and other biological communities,
405including locating such structures in areas where seagrasses are
406least dense adjacent to the dock or bulkhead; and
407     5.  Are not constructed in areas specifically prohibited
408for boat mooring under conditions of a permit issued in
409accordance with ss. 403.91-403.929, 1984 Supplement to the
410Florida Statutes 1983, as amended, or part IV of chapter 373, or
411other form of authorization issued by a local government.
412
413Structures that qualify for this exemption are relieved from any
414requirement to obtain permission to use or occupy lands owned by
415the Board of Trustees of the Internal Improvement Trust Fund
416and, with the exception of those structures attached to a
417bulkhead on a parcel of land where there is no docking
418structure, shall not be subject to any more stringent permitting
419requirements, registration requirements, or other regulation by
420any local government. Local governments may require either
421permitting or one-time registration of floating vessel platforms
422to be attached to a bulkhead on a parcel of land where there is
423no other docking structure as necessary to ensure compliance
424with local ordinances, codes, or regulations. Local governments
425may require either permitting or one-time registration of all
426other floating vessel platforms as necessary to ensure
427compliance with the exemption criteria in this section; to
428ensure compliance with local ordinances, codes, or regulations
429relating to building or zoning, which are no more stringent than
430the exemption criteria in this section or address subjects other
431than subjects addressed by the exemption criteria in this
432section; and to ensure proper installation, maintenance, and
433precautionary or evacuation action following a tropical storm or
434hurricane watch of a floating vessel platform or floating boat
435lift that is proposed to be attached to a bulkhead or parcel of
436land where there is no other docking structure. The exemption
437provided in this paragraph shall be in addition to the exemption
438provided in paragraph (b). The department shall adopt a general
439permit by rule for the construction, installation, operation, or
440maintenance of those floating vessel platforms or floating boat
441lifts that do not qualify for the exemption provided in this
442paragraph but do not cause significant adverse impacts to occur
443individually or cumulatively. The issuance of such general
444permit shall also constitute permission to use or occupy lands
445owned by the Board of Trustees of the Internal Improvement Trust
446Fund. No local government shall impose a more stringent
447regulation, permitting requirement, registration requirement, or
448other regulation covered by such general permit. Local
449governments may require either permitting or one-time
450registration of floating vessel platforms as necessary to ensure
451compliance with the general permit in this section; to ensure
452compliance with local ordinances, codes, or regulations relating
453to building or zoning that are no more stringent than the
454general permit in this section; and to ensure proper
455installation and maintenance of a floating vessel platform or
456floating boat lift that is proposed to be attached to a bulkhead
457or parcel of land where there is no other docking structure.
458     (t)  The repair, stabilization, or paving of existing
459county maintained roads and the repair or replacement of bridges
460that are part of the roadway, within the Northwest Florida Water
461Management District and the Suwannee River Water Management
462District, provided:
463     1.  The road and associated bridge were in existence and in
464use as a public road or bridge, and were maintained by the
465county as a public road or bridge on or before January 1, 2002;
466     2.  The construction activity does not realign the road or
467expand the number of existing traffic lanes of the existing
468road; however, the work may include the provision of safety
469shoulders, clearance of vegetation, and other work reasonably
470necessary to repair, stabilize, pave, or repave the road,
471provided that the work is constructed by generally accepted
472engineering standards;
473     3.  The construction activity does not expand the existing
474width of an existing vehicular bridge in excess of that
475reasonably necessary to properly connect the bridge with the
476road being repaired, stabilized, paved, or repaved to safely
477accommodate the traffic expected on the road, which may include
478expanding the width of the bridge to match the existing
479connected road. However, no debris from the original bridge
480shall be allowed to remain in waters of the state, including
481wetlands;
482     4.  Best management practices for erosion control shall be
483employed as necessary to prevent water quality violations;
484     5.  Roadside swales or other effective means of stormwater
485treatment must be incorporated as part of the project;
486     6.  No more dredging or filling of wetlands or water of the
487state is performed than that which is reasonably necessary to
488repair, stabilize, pave, or repave the road or to repair or
489replace the bridge, in accordance with generally accepted
490engineering standards; and
491     7.  Notice of intent to use the exemption is provided to
492the department, if the work is to be performed within the
493Northwest Florida Water Management District, or to the Suwannee
494River Water Management District, if the work is to be performed
495within the Suwannee River Water Management District, 30 days
496prior to performing any work under the exemption.
497
498Within 30 days after this act becomes a law, the department
499shall initiate rulemaking to adopt a no fee general permit for
500the repair, stabilization, or paving of existing roads that are
501maintained by the county and the repair or replacement of
502bridges that are part of the roadway where such activities do
503not cause significant adverse impacts to occur individually or
504cumulatively. The general permit shall apply statewide and, with
505no additional rulemaking required, apply to qualified projects
506reviewed by the Suwannee River Water Management District, the
507St. Johns River Water Management District, the Southwest Florida
508Water Management District, and the South Florida Water
509Management District under the division of responsibilities
510contained in the operating agreements applicable to part IV of
511chapter 373. Upon adoption, this general permit shall, pursuant
512to the provisions of subsection (2) (3), supersede and replace
513the exemption in this paragraph.
514     (u)  Notwithstanding any provision to the contrary in this
515subsection, a permit or other authorization under chapter 253,
516chapter 369, chapter 373, or this chapter is not required for an
517individual residential property owner for the removal of organic
518detrital material from freshwater rivers or lakes that have a
519natural sand or rocky substrate and that are not Aquatic
520Preserves or for the associated removal and replanting of
521aquatic vegetation for the purpose of environmental enhancement,
522providing that:
523     1.  No activities under this exemption are conducted in
524wetland areas, as defined by s. 373.019(25), which are supported
525by a natural soil as shown in applicable United States
526Department of Agriculture county soil surveys.
527     2.  No filling or peat mining is allowed.
528     3.  No removal of native wetland trees, including, but not
529limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
530     4.  When removing organic detrital material, no portion of
531the underlying natural mineral substrate or rocky substrate is
532removed.
533     5.  Organic detrital material and plant material removed is
534deposited in an upland site in a manner that will not cause
535water quality violations.
536     6.  All activities are conducted in such a manner, and with
537appropriate turbidity controls, so as to prevent any water
538quality violations outside the immediate work area.
539     7.  Replanting with a variety of aquatic plants native to
540the state shall occur in a minimum of 25 percent of the
541preexisting vegetated areas where organic detrital material is
542removed, except for areas where the material is removed to bare
543rocky substrate; however, an area may be maintained clear of
544vegetation as an access corridor. The access corridor width may
545not exceed 50 percent of the property owner's frontage or 50
546feet, whichever is less, and may be a sufficient length
547waterward to create a corridor to allow access for a boat or
548swimmer to reach open water. Replanting must be at a minimum
549density of 2 feet on center and be completed within 90 days
550after removal of existing aquatic vegetation, except that under
551dewatered conditions replanting must be completed within 90 days
552after reflooding. The area to be replanted must extend waterward
553from the ordinary high water line to a point where normal water
554depth would be 3 feet or the preexisting vegetation line,
555whichever is less. Individuals are required to make a reasonable
556effort to maintain planting density for a period of 6 months
557after replanting is complete, and the plants, including
558naturally recruited native aquatic plants, must be allowed to
559expand and fill in the revegetation area. Native aquatic plants
560to be used for revegetation must be salvaged from the
561enhancement project site or obtained from an aquatic plant
562nursery regulated by the Department of Agriculture and Consumer
563Services. Plants that are not native to the state may not be
564used for replanting.
565     8.  No activity occurs any farther than 100 feet waterward
566of the ordinary high water line, and all activities must be
567designed and conducted in a manner that will not unreasonably
568restrict or infringe upon the riparian rights of adjacent upland
569riparian owners.
570     9.  The person seeking this exemption notifies the
571applicable department district office in writing at least 30
572days before commencing work and allows the department to conduct
573a preconstruction site inspection. Notice must include an
574organic-detrital-material removal and disposal plan and, if
575applicable, a vegetation-removal and revegetation plan.
576     10.  The department is provided written certification of
577compliance with the terms and conditions of this paragraph
578within 30 days after completion of any activity occurring under
579this exemption.
580     (2)(3)  The provisions of subsection (1) (2) are superseded
581by general permits established pursuant to ss. 373.118 and
582403.814 which include the same activities. Until such time as
583general permits are established, or should general permits be
584suspended or repealed, the exemptions under subsection (1) (2)
585shall remain or shall be reestablished in full force and effect.
586     (3)  The following provisions shall apply to maintenance
587dredging conducted pursuant to this section by the seaports of
588Jacksonville, Port Canaveral, Fort Pierce, Palm Beach, Port
589Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St.
590Joe, Panama City, Pensacola, Key West, and Fernandina, or by
591inland navigation districts:
592     (a)  A mixing zone for turbidity shall be allowed within a
593100-meter radius from the point of dredging while dredging is
594ongoing, except that the mixing zone does not extend into areas
595supporting submerged aquatic vegetation or hardbottom
596communities.
597     (b)  The discharge of the return water from the site used
598for the disposal of dredged material shall be allowed only if
599such discharge does not result in a violation of water quality
600standards in the receiving waters. However, any such return
601water discharge into manmade waters that are not in Monroe
602County shall be allowed a mixing zone for turbidity within a
603150-meter radius from the point of discharge during and
604immediately after the discharge while dredging is ongoing,
605except that the mixing zone shall not extend outside the manmade
606waters. As used in this paragraph, the term "manmade waters"
607means semienclosed port berths and surface waters that were
608wholly excavated from lands other than wetlands and other
609surface waters.
610     (c)  The state shall not charge a seaport or an inland
611navigation district a fee for material that is removed under
612this subsection.
613     (d)  The use of flocculants at the site used for disposal
614of the dredged material shall be allowed if the use, including
615supporting documentation, is coordinated in advance with the
616department and the department has determined that the use is not
617harmful to water resources.
618     (e)  Nothing in this subsection shall be construed to
619prohibit maintenance dredging of areas where the loss of
620original design function and constructed configuration has been
621caused by a storm event, provided that the dredging is performed
622as soon as practical after the storm event. Maintenance dredging
623that commences within 2 years after the storm event shall be
624presumed to satisfy this provision. If more than 2 years are
625needed to commence the maintenance dredging after the storm
626event, a request for a specific time extension to maintenance
627dredge shall be submitted to the department, prior to the end of
628the 2-year period, accompanied by a statement, including
629supporting documentation, demonstrating that contractors are not
630available or that additional time is needed to obtain
631authorization to maintenance dredge from the United States Army
632Corps of Engineers.
633     Section 5.  The Department of Environmental Protection may
634develop and maintain a list of flocculants the use of which is
635permitted under part IV of chapter 373, Florida Statutes,
636including information concerning any associated testing to
637determine compliance with state permitting standards and
638information on application rates and methods. Publication of
639this list is not a rule under the provisions of chapter 120,
640Florida Statutes. This section does not prevent an entity from
641proposing, or the department from approving, the use of a
642flocculant that is not on the department's list subject to the
643entity providing the necessary documentation required by the
644department to ensure that use of the flocculant will not cause
645harm to the water resources of the state.
646     Section 6.  Subsection (16) of section 253.03, Florida
647Statutes, is amended to read:
648     253.03  Board of trustees to administer state lands; lands
649enumerated.--
650     (16)  The Board of Trustees of the Internal Improvement
651Trust Fund, and the state through its agencies, may not control,
652regulate, permit, or charge for any severed materials which are
653removed from the area adjacent to an intake or discharge
654structure pursuant to an exemption authorized in s.
655403.813(1)(2)(f) and (r).
656     Section 7.  Subsection (3) of section 373.4145, Florida
657Statutes, is amended to read:
658     373.4145  Part IV permitting program within the
659geographical jurisdiction of the Northwest Florida Water
660Management District.--
661     (3)  The rules adopted under subsection (1), as applicable,
662shall:
663     (a)  Incorporate the exemptions in ss. 373.406 and
664403.813(1)(2).
665     (b)  Incorporate the provisions of rule 62-341.475(1)(f),
666Florida Administrative Code, applicable to single-family homes
667located entirely or partially within wholly owned, isolated
668wetlands.
669     (c)  Exempt from the notice and permitting requirements of
670this part the construction or private use of a single-family
671dwelling unit, duplex, triplex, or quadruplex that:
672     1.  Is not part of a larger common plan of development or
673sale proposed by the applicant.
674     2.  Does not involve wetlands or other surface waters.
675     (d)  Incorporate the exemptions and general permits that
676are effective under this part and have been enacted by rule by
677the department and other water management districts, including
678the general permits authorized by s. 403.814.
679     (e)  Provide an exemption for the repair, stabilization, or
680paving of county-maintained roads existing on or before January
6811, 2002, and the repair or replacement of bridges that are part
682of the roadway consistent with the provisions of s.
683403.813(1)(2)(t), notwithstanding the provisions of s.
684403.813(1)(2)(t)7. requiring adoption of a general permit
685applicable within the Northwest Florida Water Management
686District and the repeal of such exemption upon the adoption of a
687general permit.
688     (f)  Exempt from rule criteria under paragraph (1)(b) an
689alteration of a wholly owned, artificial surface water created
690entirely from uplands that does not connect to surface waters of
691the state, except for those created for the purpose of providing
692mitigation under this part.
693     Section 8.  Paragraph (a) of subsection (3) of section
694380.061, Florida Statutes, is amended to read:
695     380.061  The Florida Quality Developments program.--
696     (3)(a)  To be eligible for designation under this program,
697the developer shall comply with each of the following
698requirements which is applicable to the site of a qualified
699development:
700     1.  Have donated or entered into a binding commitment to
701donate the fee or a lesser interest sufficient to protect, in
702perpetuity, the natural attributes of the types of land listed
703below. In lieu of the above requirement, the developer may enter
704into a binding commitment which runs with the land to set aside
705such areas on the property, in perpetuity, as open space to be
706retained in a natural condition or as otherwise permitted under
707this subparagraph. Under the requirements of this subparagraph,
708the developer may reserve the right to use such areas for the
709purpose of passive recreation that is consistent with the
710purposes for which the land was preserved.
711     a.  Those wetlands and water bodies throughout the state as
712would be delineated if the provisions of s. 373.4145(1)(b) were
713applied. The developer may use such areas for the purpose of
714site access, provided other routes of access are unavailable or
715impracticable; may use such areas for the purpose of stormwater
716or domestic sewage management and other necessary utilities to
717the extent that such uses are permitted pursuant to chapter 403;
718or may redesign or alter wetlands and water bodies within the
719jurisdiction of the Department of Environmental Protection which
720have been artificially created, if the redesign or alteration is
721done so as to produce a more naturally functioning system.
722     b.  Active beach or primary and, where appropriate,
723secondary dunes, to maintain the integrity of the dune system
724and adequate public accessways to the beach. However, the
725developer may retain the right to construct and maintain
726elevated walkways over the dunes to provide access to the beach.
727     c.  Known archaeological sites determined to be of
728significance by the Division of Historical Resources of the
729Department of State.
730     d.  Areas known to be important to animal species
731designated as endangered or threatened animal species by the
732United States Fish and Wildlife Service or by the Fish and
733Wildlife Conservation Commission, for reproduction, feeding, or
734nesting; for traveling between such areas used for reproduction,
735feeding, or nesting; or for escape from predation.
736     e.  Areas known to contain plant species designated as
737endangered plant species by the Department of Agriculture and
738Consumer Services.
739     2.  Produce, or dispose of, no substances designated as
740hazardous or toxic substances by the United States Environmental
741Protection Agency or by the Department of Environmental
742Protection or the Department of Agriculture and Consumer
743Services. This subparagraph is not intended to apply to the
744production of these substances in nonsignificant amounts as
745would occur through household use or incidental use by
746businesses.
747     3.  Participate in a downtown reuse or redevelopment
748program to improve and rehabilitate a declining downtown area.
749     4.  Incorporate no dredge and fill activities in, and no
750stormwater discharge into, waters designated as Class II,
751aquatic preserves, or Outstanding Florida Waters, except as
752activities in those waters are permitted pursuant to s.
753403.813(1)(2) and the developer demonstrates that those
754activities meet the standards under Class II waters, Outstanding
755Florida Waters, or aquatic preserves, as applicable.
756     5.  Include open space, recreation areas, Xeriscape as
757defined in s. 373.185, and energy conservation and minimize
758impermeable surfaces as appropriate to the location and type of
759project.
760     6.  Provide for construction and maintenance of all onsite
761infrastructure necessary to support the project and enter into a
762binding commitment with local government to provide an
763appropriate fair-share contribution toward the offsite impacts
764which the development will impose on publicly funded facilities
765and services, except offsite transportation, and condition or
766phase the commencement of development to ensure that public
767facilities and services, except offsite transportation, will be
768available concurrent with the impacts of the development. For
769the purposes of offsite transportation impacts, the developer
770shall comply, at a minimum, with the standards of the state land
771planning agency's development-of-regional-impact transportation
772rule, the approved strategic regional policy plan, any
773applicable regional planning council transportation rule, and
774the approved local government comprehensive plan and land
775development regulations adopted pursuant to part II of chapter
776163.
777     7.  Design and construct the development in a manner that
778is consistent with the adopted state plan, the applicable
779strategic regional policy plan, and the applicable adopted local
780government comprehensive plan.
781     Section 9.  This act shall take effect July 1, 2008.


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