HB 7155

1
A bill to be entitled
2An act relating to environmental resources; amending s.
3337.0261, F.S.; defining the term "construction materials
4mining activities"; providing legislative intent;
5providing for the assessment of aggregate construction
6materials in the state contingent upon a specific
7appropriation; providing duties for the Department of
8Transportation, the Department of Environmental
9Protection, the Department of Community Affairs, and the
10Florida Geological Survey relating to such assessment;
11providing parameters for the assessment; authorizing the
12Department of Transportation to adopt rules; creating s.
13373.4146, F.S.; providing conditions for construction
14aggregate materials mining permitting; requiring the
15Department of Environmental Protection to consider adverse
16impacts to wetlands in aggregate mining permits; providing
17an exemption for the Miami-Dade County Lake Belt Area;
18amending s. 378.412, F.S.; prohibiting local governments
19from enacting or enforcing actions that prohibit mining in
20certain lands; providing an expedited permitting process
21for certain environmental resource permitting and
22reclamation applications; providing requirements for the
23challenge of agency actions; amending s. 403.061, F.S.;
24revising powers and duties of the Department of
25Environmental Protection relating to proposals for certain
26projects or activities; authorizing counties to establish
27dedicated funds for certain projects; amending s. 403.813,
28F.S.; prohibiting a local government from requiring
29additional verification from the Department of
30Environmental Protection for certain projects; prohibiting
31local governments from requiring the Department of
32Environmental Protection or a water management district to
33provide certain project authorization; providing an
34effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsections (1) and (2) of section 337.0261,
39Florida Statutes, are amended, and subsection (6) is added to
40that section, to read:
41     337.0261  Construction aggregate materials.--
42     (1)  DEFINITIONS.--As used in this section, the term:
43     (a)  "Construction aggregate materials" means crushed
44stone, limestone, dolomite, limerock, shell rock, cemented
45coquina, sand for use as a component of mortars, concrete,
46bituminous mixtures, or underdrain filters, and other mined
47resources providing the basic material for concrete, asphalt,
48and road base.
49     (b)  "Construction materials mining activities" means the
50extraction of limestone and sand suitable for production of
51construction aggregates, sand, cement, and road base materials
52for shipment offsite by any person or company primarily engaged
53in the commercial mining of any such natural resources.
54     (2)  LEGISLATIVE INTENT.--The Legislature finds that:
55     (a)  There is a strategic and critical need for an
56available supply of construction aggregate materials within the
57state and that a disruption of the supply would cause a
58significant detriment to the state's construction industry,
59transportation system, and overall health, safety, and welfare.
60     (b)  Construction aggregate materials are a finite natural
61resource.
62     (c)  Construction aggregate materials mining is an industry
63of critical importance to the state and is therefore in the
64public interest.
65     (d)  There is a need for a reliable, predictable, and
66sustainable supply of construction aggregate materials so that
67public and private construction is maintained without
68interruption.
69     (e)  There are a limited number of aggregate resource
70counties within the state where aggregate and sand resources
71exist.
72     (f)  There is a need to accurately identify and locate
73available supplies of aggregate construction materials in the
74state.
75     (6)  STRATEGIC AGGREGATE RESOURCE ASSESSMENT.--Contingent
76upon a specific appropriation, the Department of Transportation
77shall organize and provide administrative support in the
78preparation of a strategic aggregate resource assessment. The
79Department of Transportation shall work with the Department of
80Environmental Protection, the Department of Community Affairs,
81and local governments in the preparation of a strategic
82aggregate resource assessment.
83     (a)  For construction aggregate materials:
84     1.  The Florida Geological Survey shall identify and map
85areas where construction aggregate materials deposits are
86located in the state. Information may be submitted by willing
87land owners to the Florida Geological Survey for inclusion in
88the state data repository. Proprietary or business information
89submitted to or acquired by the Florida Geological Survey shall
90be maintained in an electronic database under the control of the
91Florida Geological Survey and protected as trade secrets
92pursuant to s. 815.045.
93     2.  The Department of Transportation shall identify and
94superimpose on the aggregate resource map a high to low quality
95grading classification to identifying the areas that contain
96geologically valuable resources needed for road building and
97repair. The quality grading classification mapping shall be for
98planning purposes only and shall not constitute a formal
99determination by the department for any other reason.
100     3.  The Department of Environmental Protection shall
101identify and superimpose on the aggregate resource map the areas
102of natural resources that may be of concern during state
103permitting in order to identify any potential conflicts between
104the location of geologically valuable resources and natural land
105and water resources. The mapping of natural resources shall be
106for planning purposes only and shall not constitute a formal
107determination of the landward extent of wetlands and other
108surface waters pursuant to part IV of chapter 373.
109     4.  The Department of Community Affairs, along with the
110local governments, shall identify and superimpose on the
111aggregate resource map the distribution, location, and extent of
112land uses within a local government jurisdiction in addition to
113future land use map designations and zoning elements in order to
114identify any potential conflicts between the areas where growth
115and development is planned and areas with deposits of
116geologically valuable resources. The mapping of land uses within
117a local government jurisdiction shall be for planning purposes
118only and shall not constitute a formal determination by the
119department or the local government for any other reason.
120
121The strategic aggregate resource assessment shall provide a
122projection of 5-year, 25-year, and 50-year demand for aggregate.
123In addition, the strategic aggregate resource assessment shall
124provide an estimate of volume of aggregate available from
125already permitted mines to meet demand projections. The
126strategic aggregate resource assessment shall identify
127international and out-of-state construction aggregate materials
128available to meet demand projections.
129     (b)  For infrastructure, the strategic aggregate resource
130assessment shall:
131     1.  Provide a rating structure assessing the ability to
132mine these deposits in an economic manner, taking into account
133the proximity of the materials to the available markets, the
134thickness of overburden, and the quantity and quality of the
135materials. In assessing the economic viability of a geologic
136deposit the strategic aggregate resource assessment shall take
137into account the proximity to rail and port facilities where
138similar or replacement products can be imported at a lower cost
139than producing them locally.
140     2.  Identify the current and potential capacity of
141construction aggregate material imports into the state utilizing
142current and planned rail, connecting roadways, and port
143infrastructure.
144     (c)  The strategic aggregate resource assessment shall be
145updated every 5 years and be included as part of the Department
146of Transportation Florida Transportation Plan.
147     (d)  The Department of Transportation shall prepare the
148findings of the strategic aggregate resource assessment in an
149initial report submitted to the Governor, the President of the
150Senate, and the Speaker of the House of Representatives no later
151than February 1, 2010. Subsequent reports shall be submitted by
152February 1 following each 5-year strategic aggregate resource
153assessment update.
154     (e)  The Department of Transportation is authorized to
155adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
156this section and in the preparation of the strategic aggregate
157resource assessment.
158     Section 2.  Section 373.4146, Florida Statutes, is created
159to read:
160     373.4146  Permitting of mining of construction aggregate
161materials.--
162     (1)  An applicant seeking an aggregate resource mining
163permit shall attend a preapplication meeting with the department
164to review construction, operation, environmental resource, and
165reclamation issues. The department shall invite the local
166government responsible for the review of the local regulations
167impacting the aggregate resource mining permit to attend the
168preapplication meeting to review land use issues with the
169applicant. Parties are encouraged to identify and resolve
170environmental and land use issues in order to streamline the
171application process to the greatest extent practicable.
172     (2)  When permitting the construction, operation, and
173reclamation of construction aggregate material mines, including
174the permitting requirements in part IV of chapter 373 and the
175reclamation requirements in part IV of chapter 378, the
176department is directed to consider adverse impacts to all
177wetlands and other surface waters, notwithstanding the
178provisions of s. 373.414(2)(a). The department shall also
179require groundwater monitoring within the permit issued pursuant
180to part IV of chapter 373 to ensure that water quality outside
181the mining pit is protected.
182     (3)  For purposes of this section, "construction aggregate
183material" means crushed stone, limestone, dolomite, limerock,
184shell rock, cemented coquina, and sand for use as a component of
185mortars, concrete, bituminous mixtures, or underdrain filters,
186and other mined resources providing the basic material for
187concrete, asphalt, and road base. Mined materials that do not
188require sorting and grading and that are used for fill are not
189construction aggregate materials.
190     (4)  This section does not apply to the Miami-Dade County
191Lake Belt Area as described in s. 373.4149.
192     Section 3.  Section 378.412, Florida Statutes, is amended
193to read:
194     378.412  Relationship with other laws.--
195     (1)  It is the intent of the Legislature that ss. 378.202-
196378.804 supplement other laws regarding resource extraction.
197Nothing contained in such sections shall be construed to limit,
198abridge, or alter any agency's duties, authority, and
199responsibilities granted pursuant to another statute. Nothing in
200ss. 378.202-378.804 shall be deemed to preempt local ordinances
201that impose stricter reclamation standards, except that no
202county or municipality shall enact or enforce any ordinance,
203resolution, regulation, rule, policy, or other action which
204prohibits or prevents the construction or operation of a
205limestone mine on lands where mining is a permissible use or on
206lands zoned or classified as mining lands on or after March 1,
2072008.
208     (2)  Due to the state's critical infrastructure needs and
209the potential shortfall in available construction aggregate
210materials, limerock environmental resource permitting and
211reclamation applications filed after March 1, 2008, are eligible
212for the expedited permitting process under s. 403.973.
213Challenges to state agency action in the expedited permitting
214process for establishment of a limerock mine in this state under
215s. 403.973 are subject to the same requirements as challenges
216brought under s. 403.973(14)(a), except that, notwithstanding s.
217120.574, summary proceedings must be conducted within 30 days
218after a party files the motion for summary hearing, regardless
219of whether the parties agree to the summary proceeding.
220     Section 4.  Subsection (40) of section 403.061, Florida
221Statutes, is renumbered as subsection (41), and a new subsection
222(40) is added to that section to read:
223     403.061  Department; powers and duties.--The department
224shall have the power and the duty to control and prohibit
225pollution of air and water in accordance with the law and rules
226adopted and promulgated by it and, for this purpose, to:
227     (40)  Maintain a list of projects or activities that
228applicants may consider when developing proposals to meet the
229mitigation or public interest requirements of chapter 253,
230chapter 373, or this chapter. The contents of such a list are
231not a rule as defined in chapter 120, and listing a specific
232project or activity does not imply approval by the department
233for such project or activity. Each county government is
234encouraged to develop a prioritized inventory of projects or
235activities for inclusion on the list by obtaining input from
236local stakeholder groups in the public, private, and nonprofit
237sectors, including local governments, port authorities, marine
238contractors, other representatives of the marine construction
239industry, environmental or conservation organizations, and other
240interested parties. Counties may establish dedicated funds for
241depositing public interest donations into a reserve for future
242public interest projects, including improvements to on-water law
243enforcement.
244
245The department shall implement such programs in conjunction with
246its other powers and duties and shall place special emphasis on
247reducing and eliminating contamination that presents a threat to
248humans, animals or plants, or to the environment.
249     Section 5.  Subsections (2) and (3) of section 403.813,
250Florida Statutes, are amended to read:
251     403.813  Permits issued at district centers; exceptions.--
252     (2)  A permit is not required under this chapter, chapter
253373, chapter 61-691, Laws of Florida, or chapter 25214 or
254chapter 25270, 1949, Laws of Florida, and a local government may
255not require further verification from the department for
256activities associated with the following types of projects;
257however, except as otherwise provided in this subsection,
258nothing in this subsection does not relieve relieves an
259applicant from any requirement to obtain permission to use or
260occupy lands owned by the Board of Trustees of the Internal
261Improvement Trust Fund or any water management district in its
262governmental or proprietary capacity or from complying with
263applicable local pollution control programs authorized under
264this chapter or other requirements of county and municipal
265governments:
266     (a)  The installation of overhead transmission lines, with
267support structures which are not constructed in waters of the
268state and which do not create a navigational hazard.
269     (b)  The installation and repair of mooring pilings and
270dolphins associated with private docking facilities or piers and
271the installation of private docks, piers and recreational
272docking facilities, or piers and recreational docking facilities
273of local governmental entities when the local governmental
274entity's activities will not take place in any manatee habitat,
275any of which docks:
276     1.  Has 500 square feet or less of over-water surface area
277for a dock which is located in an area designated as Outstanding
278Florida Waters or 1,000 square feet or less of over-water
279surface area for a dock which is located in an area which is not
280designated as Outstanding Florida Waters;
281     2.  Is constructed on or held in place by pilings or is a
282floating dock which is constructed so as not to involve filling
283or dredging other than that necessary to install the pilings;
284     3.  Shall not substantially impede the flow of water or
285create a navigational hazard;
286     4.  Is used for recreational, noncommercial activities
287associated with the mooring or storage of boats and boat
288paraphernalia; and
289     5.  Is the sole dock constructed pursuant to this exemption
290as measured along the shoreline for a distance of 65 feet,
291unless the parcel of land or individual lot as platted is less
292than 65 feet in length along the shoreline, in which case there
293may be one exempt dock allowed per parcel or lot.
294
295Nothing in this paragraph shall prohibit the department from
296taking appropriate enforcement action pursuant to this chapter
297to abate or prohibit any activity otherwise exempt from
298permitting pursuant to this paragraph if the department can
299demonstrate that the exempted activity has caused water
300pollution in violation of this chapter.
301     (c)  The installation and maintenance to design
302specifications of boat ramps on artificial bodies of water where
303navigational access to the proposed ramp exists or the
304installation of boat ramps open to the public in any waters of
305the state where navigational access to the proposed ramp exists
306and where the construction of the proposed ramp will be less
307than 30 feet wide and will involve the removal of less than 25
308cubic yards of material from the waters of the state, and the
309maintenance to design specifications of such ramps; however, the
310material to be removed shall be placed upon a self-contained
311upland site so as to prevent the escape of the spoil material
312into the waters of the state.
313     (d)  The replacement or repair of existing docks and piers,
314except that no fill material is to be used and provided that the
315replacement or repaired dock or pier is in the same location and
316of the same configuration and dimensions as the dock or pier
317being replaced or repaired. This shall not preclude the use of
318different construction materials or minor deviations to allow
319upgrades to current structural and design standards.
320     (e)  The restoration of seawalls at their previous
321locations or upland of, or within 1 foot waterward of, their
322previous locations. However, this shall not affect the
323permitting requirements of chapter 161, and department rules
324shall clearly indicate that this exception does not constitute
325an exception from the permitting requirements of chapter 161.
326     (f)  The performance of maintenance dredging of existing
327manmade canals, channels, intake and discharge structures, and
328previously dredged portions of natural water bodies within
329drainage rights-of-way or drainage easements which have been
330recorded in the public records of the county, where the spoil
331material is to be removed and deposited on a self-contained,
332upland spoil site which will prevent the escape of the spoil
333material into the waters of the state, provided that no more
334dredging is to be performed than is necessary to restore the
335canals, channels, and intake and discharge structures, and
336previously dredged portions of natural water bodies, to original
337design specifications or configurations, provided that the work
338is conducted in compliance with s. 370.12(2)(d), provided that
339no significant impacts occur to previously undisturbed natural
340areas, and provided that control devices for return flow and
341best management practices for erosion and sediment control are
342utilized to prevent bank erosion and scouring and to prevent
343turbidity, dredged material, and toxic or deleterious substances
344from discharging into adjacent waters during maintenance
345dredging. Further, for maintenance dredging of previously
346dredged portions of natural water bodies within recorded
347drainage rights-of-way or drainage easements, an entity that
348seeks an exemption must notify the department or water
349management district, as applicable, at least 30 days prior to
350dredging and provide documentation of original design
351specifications or configurations where such exist. This
352exemption applies to all canals and previously dredged portions
353of natural water bodies within recorded drainage rights-of-way
354or drainage easements constructed prior to April 3, 1970, and to
355those canals and previously dredged portions of natural water
356bodies constructed on or after April 3, 1970, pursuant to all
357necessary state permits. This exemption does not apply to the
358removal of a natural or manmade barrier separating a canal or
359canal system from adjacent waters. When no previous permit has
360been issued by the Board of Trustees of the Internal Improvement
361Trust Fund or the United States Army Corps of Engineers for
362construction or maintenance dredging of the existing manmade
363canal or intake or discharge structure, such maintenance
364dredging shall be limited to a depth of no more than 5 feet
365below mean low water. The Board of Trustees of the Internal
366Improvement Trust Fund may fix and recover from the permittee an
367amount equal to the difference between the fair market value and
368the actual cost of the maintenance dredging for material removed
369during such maintenance dredging. However, no charge shall be
370exacted by the state for material removed during such
371maintenance dredging by a public port authority. The removing
372party may subsequently sell such material; however, proceeds
373from such sale that exceed the costs of maintenance dredging
374shall be remitted to the state and deposited in the Internal
375Improvement Trust Fund.
376     (g)  The maintenance of existing insect control structures,
377dikes, and irrigation and drainage ditches, provided that spoil
378material is deposited on a self-contained, upland spoil site
379which will prevent the escape of the spoil material into waters
380of the state. In the case of insect control structures, if the
381cost of using a self-contained upland spoil site is so
382excessive, as determined by the Department of Health, pursuant
383to s. 403.088(1), that it will inhibit proposed insect control,
384then-existing spoil sites or dikes may be used, upon
385notification to the department. In the case of insect control
386where upland spoil sites are not used pursuant to this
387exemption, turbidity control devices shall be used to confine
388the spoil material discharge to that area previously disturbed
389when the receiving body of water is used as a potable water
390supply, is designated as shellfish harvesting waters, or
391functions as a habitat for commercially or recreationally
392important shellfish or finfish. In all cases, no more dredging
393is to be performed than is necessary to restore the dike or
394irrigation or drainage ditch to its original design
395specifications.
396     (h)  The repair or replacement of existing functional pipes
397or culverts the purpose of which is the discharge or conveyance
398of stormwater. In all cases, the invert elevation, the diameter,
399and the length of the culvert shall not be changed. However, the
400material used for the culvert may be different from the
401original.
402     (i)  The construction of private docks of 1,000 square feet
403or less of over-water surface area and seawalls in artificially
404created waterways where such construction will not violate
405existing water quality standards, impede navigation, or affect
406flood control. This exemption does not apply to the construction
407of vertical seawalls in estuaries or lagoons unless the proposed
408construction is within an existing manmade canal where the
409shoreline is currently occupied in whole or part by vertical
410seawalls.
411     (j)  The construction and maintenance of swales.
412     (k)  The installation of aids to navigation and buoys
413associated with such aids, provided the devices are marked
414pursuant to s. 327.40.
415     (l)  The replacement or repair of existing open-trestle
416foot bridges and vehicular bridges that are 100 feet or less in
417length and two lanes or less in width, provided that no more
418dredging or filling of submerged lands is performed other than
419that which is necessary to replace or repair pilings and that
420the structure to be replaced or repaired is the same length, the
421same configuration, and in the same location as the original
422bridge. No debris from the original bridge shall be allowed to
423remain in the waters of the state.
424     (m)  The installation of subaqueous transmission and
425distribution lines laid on, or embedded in, the bottoms of
426waters in the state, except in Class I and Class II waters and
427aquatic preserves, provided no dredging or filling is necessary.
428     (n)  The replacement or repair of subaqueous transmission
429and distribution lines laid on, or embedded in, the bottoms of
430waters of the state.
431     (o)  The construction of private seawalls in wetlands or
432other surface waters where such construction is between and
433adjoins at both ends existing seawalls; follows a continuous and
434uniform seawall construction line with the existing seawalls; is
435no more than 150 feet in length; and does not violate existing
436water quality standards, impede navigation, or affect flood
437control. However, in estuaries and lagoons the construction of
438vertical seawalls is limited to the circumstances and purposes
439stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
440the permitting requirements of chapter 161, and department rules
441must clearly indicate that this exception does not constitute an
442exception from the permitting requirements of chapter 161.
443     (p)  The restoration of existing insect control impoundment
444dikes which are less than 100 feet in length. Such impoundments
445shall be connected to tidally influenced waters for 6 months
446each year beginning September 1 and ending February 28 if
447feasible or operated in accordance with an impoundment
448management plan approved by the department. A dike restoration
449may involve no more dredging than is necessary to restore the
450dike to its original design specifications. For the purposes of
451this paragraph, restoration does not include maintenance of
452impoundment dikes of operating insect control impoundments.
453     (q)  The construction, operation, or maintenance of
454stormwater management facilities which are designed to serve
455single-family residential projects, including duplexes,
456triplexes, and quadruplexes, if they are less than 10 acres
457total land and have less than 2 acres of impervious surface and
458if the facilities:
459     1.  Comply with all regulations or ordinances applicable to
460stormwater management and adopted by a city or county;
461     2.  Are not part of a larger common plan of development or
462sale; and
463     3.  Discharge into a stormwater discharge facility exempted
464or permitted by the department under this chapter which has
465sufficient capacity and treatment capability as specified in
466this chapter and is owned, maintained, or operated by a city,
467county, special district with drainage responsibility, or water
468management district; however, this exemption does not authorize
469discharge to a facility without the facility owner's prior
470written consent.
471     (r)  The removal of aquatic plants, the removal of
472tussocks, the associated replanting of indigenous aquatic
473plants, and the associated removal from lakes of organic
474detrital material when such planting or removal is performed and
475authorized by permit or exemption granted under s. 369.20 or s.
476369.25, provided that:
477     1.  Organic detrital material that exists on the surface of
478natural mineral substrate shall be allowed to be removed to a
479depth of 3 feet or to the natural mineral substrate, whichever
480is less;
481     2.  All material removed pursuant to this paragraph shall
482be deposited in an upland site in a manner that will prevent the
483reintroduction of the material into waters in the state except
484when spoil material is permitted to be used to create wildlife
485islands in freshwater bodies of the state when a governmental
486entity is permitted pursuant to s. 369.20 to create such islands
487as a part of a restoration or enhancement project;
488     3.  All activities are performed in a manner consistent
489with state water quality standards; and
490     4.  No activities under this exemption are conducted in
491wetland areas, as defined by s. 373.019(25), which are supported
492by a natural soil as shown in applicable United States
493Department of Agriculture county soil surveys, except when a
494governmental entity is permitted pursuant to s. 369.20 to
495conduct such activities as a part of a restoration or
496enhancement project.
497
498The department may not adopt implementing rules for this
499paragraph, notwithstanding any other provision of law.
500     (s)  The construction, installation, operation, or
501maintenance of floating vessel platforms or floating boat lifts,
502provided that such structures:
503     1.  Float at all times in the water for the sole purpose of
504supporting a vessel so that the vessel is out of the water when
505not in use;
506     2.  Are wholly contained within a boat slip previously
507permitted under ss. 403.91-403.929, 1984 Supplement to the
508Florida Statutes 1983, as amended, or part IV of chapter 373, or
509do not exceed a combined total of 500 square feet, or 200 square
510feet in an Outstanding Florida Water, when associated with a
511dock that is exempt under this subsection or associated with a
512permitted dock with no defined boat slip or attached to a
513bulkhead on a parcel of land where there is no other docking
514structure;
515     3.  Are not used for any commercial purpose or for mooring
516vessels that remain in the water when not in use, and do not
517substantially impede the flow of water, create a navigational
518hazard, or unreasonably infringe upon the riparian rights of
519adjacent property owners, as defined in s. 253.141;
520     4.  Are constructed and used so as to minimize adverse
521impacts to submerged lands, wetlands, shellfish areas, aquatic
522plant and animal species, and other biological communities,
523including locating such structures in areas where seagrasses are
524least dense adjacent to the dock or bulkhead; and
525     5.  Are not constructed in areas specifically prohibited
526for boat mooring under conditions of a permit issued in
527accordance with ss. 403.91-403.929, 1984 Supplement to the
528Florida Statutes 1983, as amended, or part IV of chapter 373, or
529other form of authorization issued by a local government.
530
531Structures that qualify for this exemption are relieved from any
532requirement to obtain permission to use or occupy lands owned by
533the Board of Trustees of the Internal Improvement Trust Fund
534and, with the exception of those structures attached to a
535bulkhead on a parcel of land where there is no docking
536structure, shall not be subject to any more stringent permitting
537requirements, registration requirements, or other regulation by
538any local government. Local governments may require either
539permitting or one-time registration of floating vessel platforms
540to be attached to a bulkhead on a parcel of land where there is
541no other docking structure as necessary to ensure compliance
542with local ordinances, codes, or regulations. Local governments
543may require either permitting or one-time registration of all
544other floating vessel platforms as necessary to ensure
545compliance with the exemption criteria in this section; to
546ensure compliance with local ordinances, codes, or regulations
547relating to building or zoning, which are no more stringent than
548the exemption criteria in this section or address subjects other
549than subjects addressed by the exemption criteria in this
550section; and to ensure proper installation, maintenance, and
551precautionary or evacuation action following a tropical storm or
552hurricane watch of a floating vessel platform or floating boat
553lift that is proposed to be attached to a bulkhead or parcel of
554land where there is no other docking structure. The exemption
555provided in this paragraph shall be in addition to the exemption
556provided in paragraph (b). The department shall adopt a general
557permit by rule for the construction, installation, operation, or
558maintenance of those floating vessel platforms or floating boat
559lifts that do not qualify for the exemption provided in this
560paragraph but do not cause significant adverse impacts to occur
561individually or cumulatively. The issuance of such general
562permit shall also constitute permission to use or occupy lands
563owned by the Board of Trustees of the Internal Improvement Trust
564Fund. No local government shall impose a more stringent
565regulation, permitting requirement, registration requirement, or
566other regulation covered by such general permit. Local
567governments may require either permitting or one-time
568registration of floating vessel platforms as necessary to ensure
569compliance with the general permit in this section; to ensure
570compliance with local ordinances, codes, or regulations relating
571to building or zoning that are no more stringent than the
572general permit in this section; and to ensure proper
573installation and maintenance of a floating vessel platform or
574floating boat lift that is proposed to be attached to a bulkhead
575or parcel of land where there is no other docking structure.
576     (t)  The repair, stabilization, or paving of existing
577county maintained roads and the repair or replacement of bridges
578that are part of the roadway, within the Northwest Florida Water
579Management District and the Suwannee River Water Management
580District, provided:
581     1.  The road and associated bridge were in existence and in
582use as a public road or bridge, and were maintained by the
583county as a public road or bridge on or before January 1, 2002;
584     2.  The construction activity does not realign the road or
585expand the number of existing traffic lanes of the existing
586road; however, the work may include the provision of safety
587shoulders, clearance of vegetation, and other work reasonably
588necessary to repair, stabilize, pave, or repave the road,
589provided that the work is constructed by generally accepted
590engineering standards;
591     3.  The construction activity does not expand the existing
592width of an existing vehicular bridge in excess of that
593reasonably necessary to properly connect the bridge with the
594road being repaired, stabilized, paved, or repaved to safely
595accommodate the traffic expected on the road, which may include
596expanding the width of the bridge to match the existing
597connected road. However, no debris from the original bridge
598shall be allowed to remain in waters of the state, including
599wetlands;
600     4.  Best management practices for erosion control shall be
601employed as necessary to prevent water quality violations;
602     5.  Roadside swales or other effective means of stormwater
603treatment must be incorporated as part of the project;
604     6.  No more dredging or filling of wetlands or water of the
605state is performed than that which is reasonably necessary to
606repair, stabilize, pave, or repave the road or to repair or
607replace the bridge, in accordance with generally accepted
608engineering standards; and
609     7.  Notice of intent to use the exemption is provided to
610the department, if the work is to be performed within the
611Northwest Florida Water Management District, or to the Suwannee
612River Water Management District, if the work is to be performed
613within the Suwannee River Water Management District, 30 days
614prior to performing any work under the exemption.
615
616Within 30 days after this act becomes a law, the department
617shall initiate rulemaking to adopt a no fee general permit for
618the repair, stabilization, or paving of existing roads that are
619maintained by the county and the repair or replacement of
620bridges that are part of the roadway where such activities do
621not cause significant adverse impacts to occur individually or
622cumulatively. The general permit shall apply statewide and, with
623no additional rulemaking required, apply to qualified projects
624reviewed by the Suwannee River Water Management District, the
625St. Johns River Water Management District, the Southwest Florida
626Water Management District, and the South Florida Water
627Management District under the division of responsibilities
628contained in the operating agreements applicable to part IV of
629chapter 373. Upon adoption, this general permit shall, pursuant
630to the provisions of subsection (3), supersede and replace the
631exemption in this paragraph.
632     (u)  Notwithstanding any provision to the contrary in this
633subsection, a permit or other authorization under chapter 253,
634chapter 369, chapter 373, or this chapter is not required for an
635individual residential property owner for the removal of organic
636detrital material from freshwater rivers or lakes that have a
637natural sand or rocky substrate and that are not Aquatic
638Preserves or for the associated removal and replanting of
639aquatic vegetation for the purpose of environmental enhancement,
640providing that:
641     1.  No activities under this exemption are conducted in
642wetland areas, as defined by s. 373.019(25), which are supported
643by a natural soil as shown in applicable United States
644Department of Agriculture county soil surveys.
645     2.  No filling or peat mining is allowed.
646     3.  No removal of native wetland trees, including, but not
647limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
648     4.  When removing organic detrital material, no portion of
649the underlying natural mineral substrate or rocky substrate is
650removed.
651     5.  Organic detrital material and plant material removed is
652deposited in an upland site in a manner that will not cause
653water quality violations.
654     6.  All activities are conducted in such a manner, and with
655appropriate turbidity controls, so as to prevent any water
656quality violations outside the immediate work area.
657     7.  Replanting with a variety of aquatic plants native to
658the state shall occur in a minimum of 25 percent of the
659preexisting vegetated areas where organic detrital material is
660removed, except for areas where the material is removed to bare
661rocky substrate; however, an area may be maintained clear of
662vegetation as an access corridor. The access corridor width may
663not exceed 50 percent of the property owner's frontage or 50
664feet, whichever is less, and may be a sufficient length
665waterward to create a corridor to allow access for a boat or
666swimmer to reach open water. Replanting must be at a minimum
667density of 2 feet on center and be completed within 90 days
668after removal of existing aquatic vegetation, except that under
669dewatered conditions replanting must be completed within 90 days
670after reflooding. The area to be replanted must extend waterward
671from the ordinary high water line to a point where normal water
672depth would be 3 feet or the preexisting vegetation line,
673whichever is less. Individuals are required to make a reasonable
674effort to maintain planting density for a period of 6 months
675after replanting is complete, and the plants, including
676naturally recruited native aquatic plants, must be allowed to
677expand and fill in the revegetation area. Native aquatic plants
678to be used for revegetation must be salvaged from the
679enhancement project site or obtained from an aquatic plant
680nursery regulated by the Department of Agriculture and Consumer
681Services. Plants that are not native to the state may not be
682used for replanting.
683     8.  No activity occurs any farther than 100 feet waterward
684of the ordinary high water line, and all activities must be
685designed and conducted in a manner that will not unreasonably
686restrict or infringe upon the riparian rights of adjacent upland
687riparian owners.
688     9.  The person seeking this exemption notifies the
689applicable department district office in writing at least 30
690days before commencing work and allows the department to conduct
691a preconstruction site inspection. Notice must include an
692organic-detrital-material removal and disposal plan and, if
693applicable, a vegetation-removal and revegetation plan.
694     10.  The department is provided written certification of
695compliance with the terms and conditions of this paragraph
696within 30 days after completion of any activity occurring under
697this exemption.
698     (3)  The provisions of subsection (2) are superseded by
699general permits established pursuant to ss. 373.118 and 403.814
700which include the same activities. Until such time as general
701permits are established, or if should general permits are be
702suspended or repealed, the exemptions under subsection (2) shall
703remain or shall be reestablished in full force and effect.
704     Section 6.  Notwithstanding any other provisions of law to
705the contrary, a local government may not require the production
706of written documentation from the Department of Environmental
707Protection or a water management district that a project does
708not require a permit pursuant to s. 403.813(2), Florida
709Statutes.
710     Section 7.  This act shall take effect upon becoming a law.


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