HB 1239

1	A bill to be entitled
2	An act relating to docks; amending s. 258.42, F.S.;
3	authorizing the placement of roofs on certain residential
4	single-family docks; amending s. 403.061, F.S.;
5	authorizing the Department of Environmental Protection to
6	adopt rules that include special criteria for approving
7	certain docking facilities in shellfish harvesting waters;
8	deleting an obsolete provision; authorizing the department
9	to maintain a list of projects or activities for
10	applicants to consider when developing proposals in order
11	to meet mitigation or public interest requirements;
12	authorizing the department to develop a project management
13	plan to implement an e-permitting program; authorizing the
14	department to expand online self-certification for certain
15	exemptions and general permits; prohibiting local
16	governments from specifying the method or form for
17	documenting that a project meets specified requirements;
18	amending s. 403.813, F.S.; clarifying provisions relating
19	to permits issued at district centers to authorize the use
20	of different construction materials or minor deviations
21	when replacing or repairing docks and piers; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Paragraph (e) of subsection (3) of section
27	258.42, Florida Statutes, is amended to read:
28	258.42  Maintenance of preserves.-The Board of Trustees of
29	the Internal Improvement Trust Fund shall maintain such aquatic
30	preserves subject to the following provisions:
31	(3)
32	(e)  There shall be no erection of Structures may not be
33	erected within the preserve, except:
34	1.  Private residential docks may be approved for
35	reasonable ingress or egress of riparian owners. Slips at
36	private residential single-family docks that contain boat lifts
37	or davits that do not float in the water when loaded may not, in
38	whole or in part, be enclosed by walls, but may be roofed if the
39	roof does not overhang more than 1 foot beyond the footprint of
40	the boat lift. Such roofs are not included in the square-footage
41	calculation of a terminal platform.
42	2.  Private residential multislip docks may be approved if
43	located within a reasonable distance of a publicly maintained
44	navigation channel, or a natural channel of adequate depth and
45	width to allow operation of the watercraft for which the docking
46	facility is designed without the craft having an adverse impact
47	on marine resources. The distance shall be determined in
48	accordance with criteria established by the trustees by rule,
49	based on a consideration of the depth of the water, nature and
50	condition of bottom, and presence of manatees.
51	3.  Commercial docking facilities shown to be consistent
52	with the use or management criteria of the preserve may be
53	approved if the facilities are located within a reasonable
54	distance of a publicly maintained navigation channel, or a
55	natural channel of adequate depth and width to allow operation
56	of the watercraft for which the docking facility is designed
57	without the craft having an adverse impact on marine resources.
58	The distance shall be determined in accordance with criteria
59	established by the trustees by rule, based on a consideration of
60	the depth of the water, nature and condition of bottom, and
61	presence of manatees.
62	4.  Structures for shore protection, including restoration
63	of seawalls at their previous location or upland of or within 18
64	inches waterward of their previous location, approved
65	navigational aids, or public utility crossings authorized under
66	paragraph (a) may be approved.
67
68	A No structure under this paragraph or chapter 253 may not shall
69	be prohibited solely because the local government fails to adopt
70	a marina plan or other policies dealing with the siting of such
71	structures in its local comprehensive plan.
72	Section 2.  Subsection (29) of section 403.061, Florida
73	Statutes, is amended, present subsection (40) is renumbered as
74	section (43), and new subsections (40), (41), and (42) are added
75	to that section, to read:
76	403.061  Department; powers and duties.-The department
77	shall have the power and the duty to control and prohibit
78	pollution of air and water in accordance with the law and rules
79	adopted and promulgated by it and, for this purpose, to:
80	(29)  Adopt by rule special criteria to protect Class II
81	shellfish harvesting waters. Such rules may include special
82	criteria for approving docking facilities that have 10 or fewer
83	slips if the construction and operation of such facilities will
84	not result in the closure of shellfish waters. Rules previously
85	adopted by the department in rule 17-
86	Administrative Code, are hereby ratified and
87	valid exercise of delegated legislative
88	remain in effect unless amended by the Environmental Regulation
89	Commission.
90	(40)  Maintain a list of projects or activities, including
91	mitigation banks, which applicants may consider when developing
92	proposals in order to meet the mitigation or public interest
93	requirements of this chapter, chapter 253, or chapter 373. The
94	contents of such list are not a rule as defined in chapter 120,
95	and listing a specific project or activity does not imply
96	department approval for such project or activity. Each county
97	government is encouraged to develop an inventory of projects or
98	activities for inclusion on the list by obtaining input from
99	local stakeholders in the public, private, and nonprofit
100	sectors, including local governments, port authorities, marine
101	contractors, other representatives of the marine construction
102	industry, environmental or conservation organizations, and other
103	interested parties. A county may establish dedicated trust funds
104	for depositing public interest donations to be used for future
105	public interest projects, including improving on-water law
106	enforcement capabilities.
107	(41)  Develop a project management plan to implement an e-
108	permitting program that allows for timely submission and
109	exchange of permit application and compliance information that
110	benefits the department's mission, permit applicants,
111	permitholders, and the public. The plan must include an
112	implementation timetable, estimated costs, and transaction fees.
113	The department shall submit the plan to the President of the
114	Senate, the Speaker of the House of Representatives, and the
115	Legislative Committee on Intergovernmental Relations by January
116	15, 2011.
117	(42)  Expand the use of online self-certification for
118	appropriate exemptions and general permits issued by the
119	department and the water management districts if such expansion
120	is economically feasible. Notwithstanding any other provision of
121	law, a local government may not specify the method or form for
122	documenting that a project meets the requirements for
123	authorization under chapter 161, chapter 253, chapter 373, or
124	this chapter. This includes Internet-based department programs
125	that provide for self-certification.
126
127	The department shall implement such programs in conjunction with
128	its other powers and duties and shall place special emphasis on
129	reducing and eliminating contamination that presents a threat to
130	humans, animals or plants, or to the environment.
131	Section 3.  Paragraph (d) of subsection (1) of section
132	403.813, Florida Statutes, is amended to read:
133	403.813  Permits issued at district centers; exceptions.-
134	(1)  A permit is not required under this chapter, chapter
135	373, chapter 61-691, Laws of Florida, or chapter 25214 or
136	chapter 25270, 1949, Laws of Florida, for activities associated
137	with the following types of projects; however, except as
138	otherwise provided in this subsection, nothing in this
139	subsection relieves an applicant from any requirement to obtain
140	permission to use or occupy lands owned by the Board of Trustees
141	of the Internal Improvement Trust Fund or any water management
142	district in its governmental or proprietary capacity or from
143	complying with applicable local pollution control programs
144	authorized under this chapter or other requirements of county
145	and municipal governments:
146	(d)  The replacement or repair of existing docks and piers,
147	except that no fill material may not is to be used and provided
148	that the replacement or repaired dock or pier must be is in the
149	same location and of the same configuration and dimensions as
150	the dock or pier being replaced or repaired. This does not
151	preclude the use of different construction materials or minor
152	deviations to allow upgrades to current structural and design
153	standards.
154	Section 4.  This act shall take effect July 1, 2010.

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