CS/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 implement an e-permitting
13	program; authorizing the department to expand online self-
14	certification for certain exemptions and general permits;
15	prohibiting local governments from specifying the method
16	or form for documenting that a project meets specified
17	requirements; amending s. 403.813, F.S.; clarifying
18	provisions relating to permits issued at district centers
19	to authorize the use of different construction materials
20	or minor deviations when replacing or repairing docks and
21	piers; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (e) of subsection (3) of section
26	258.42, Florida Statutes, is amended to read:
27	258.42  Maintenance of preserves.-The Board of Trustees of
28	the Internal Improvement Trust Fund shall maintain such aquatic
29	preserves subject to the following provisions:
30	(3)
31	(e)  There shall be no erection of Structures may not be
32	erected within the preserve, except:
33	1.  Private residential docks may be approved for
34	reasonable ingress or egress of riparian owners. Slips at
35	private residential single-family docks that contain boat lifts
36	or davits that do not float in the water when loaded may not, in
37	whole or in part, be enclosed by walls, but may be roofed if the
38	roof does not overhang more than 1 foot beyond the footprint of
39	the boat stored at the lift. Such roofs are not included in the
40	square-footage calculation of a terminal platform.
41	2.  Private residential multislip docks may be approved if
42	located within a reasonable distance of a publicly maintained
43	navigation channel, or a natural channel of adequate depth and
44	width to allow operation of the watercraft for which the docking
45	facility is designed without the craft having an adverse impact
46	on marine resources. The distance shall be determined in
47	accordance with criteria established by the trustees by rule,
48	based on a consideration of the depth of the water, nature and
49	condition of bottom, and presence of manatees.
50	3.  Commercial docking facilities shown to be consistent
51	with the use or management criteria of the preserve may be
52	approved if the facilities are located within a reasonable
53	distance of a publicly maintained navigation channel, or a
54	natural channel of adequate depth and width to allow operation
55	of the watercraft for which the docking facility is designed
56	without the craft having an adverse impact on marine resources.
57	The distance shall be determined in accordance with criteria
58	established by the trustees by rule, based on a consideration of
59	the depth of the water, nature and condition of bottom, and
60	presence of manatees.
61	4.  Structures for shore protection, including restoration
62	of seawalls at their previous location or upland of or within 18
63	inches waterward of their previous location, approved
64	navigational aids, or public utility crossings authorized under
65	paragraph (a) may be approved.
66
67	A No structure under this paragraph or chapter 253 may not shall
68	be prohibited solely because the local government fails to adopt
69	a marina plan or other policies dealing with the siting of such
70	structures in its local comprehensive plan.
71	Section 2.  Subsection (29) of section 403.061, Florida
72	Statutes, is amended, present subsection (40) is renumbered as
73	section (43), and new subsections (40), (41), and (42) are added
74	to that section, to read:
75	403.061  Department; powers and duties.-The department
76	shall have the power and the duty to control and prohibit
77	pollution of air and water in accordance with the law and rules
78	adopted and promulgated by it and, for this purpose, to:
79	(29)  Adopt by rule special criteria to protect Class II
80	and Class III shellfish harvesting waters. Such rules may
81	include special criteria for approving docking facilities that
82	have 10 or fewer slips if the construction and operation of such
83	facilities will not result in the closure of shellfish waters.
84	Rules previously adopted by the department in rule 17-
85	4.28(8)(a), Florida Administrative Code, are hereby ratified and
86	determined to be a valid exercise of delegated legislative
87	authority and shall remain in effect unless amended by the
88	Environmental Regulation Commission.
89	(40)  Maintain a list of projects or activities, including
90	mitigation banks, which applicants may consider when developing
91	proposals in order to meet the mitigation or public interest
92	requirements of this chapter, chapter 253, or chapter 373. The
93	contents of such list are not a rule as defined in chapter 120,
94	and listing a specific project or activity does not imply
95	department approval for such project or activity. Each county
96	government is encouraged to develop an inventory of projects or
97	activities for inclusion on the list by obtaining input from
98	local stakeholders in the public, private, and nonprofit
99	sectors, including local governments, port authorities, marine
100	contractors, other representatives of the marine construction
101	industry, environmental or conservation organizations, and other
102	interested parties. A county may establish dedicated trust funds
103	for depositing public interest donations to be used for future
104	public interest projects, including improving on-water law
105	enforcement capabilities.
106	(41)  Implement an e-permitting program that allows for
107	timely submission and exchange of permit applications to benefit
108	the department's mission, permit applicants, permitholders, and
109	the public. The plan must include an implementation timetable,
110	estimated costs, and transaction fees. The department shall
111	submit the plan to the President of the Senate, the Speaker of
112	the House of Representatives, and the Legislative Committee on
113	Intergovernmental Relations by January 15, 2011.
114	(42)  Expand the use of online self-certification for
115	appropriate exemptions and general permits issued by the
116	department and the water management districts if such expansion
117	is economically feasible. Notwithstanding any other provision of
118	law, a local government may not specify the method or form for
119	documenting that a project meets the requirements for
120	authorization under chapter 161, chapter 253, chapter 373, or
121	this chapter. This includes Internet-based department programs
122	that provide for self-certification.
123
124	The department shall implement such programs in conjunction with
125	its other powers and duties and shall place special emphasis on
126	reducing and eliminating contamination that presents a threat to
127	humans, animals or plants, or to the environment.
128	Section 3.  Paragraph (d) of subsection (1) of section
129	403.813, Florida Statutes, is amended to read:
130	403.813  Permits issued at district centers; exceptions.-
131	(1)  A permit is not required under this chapter, chapter
132	373, chapter 61-691, Laws of Florida, or chapter 25214 or
133	chapter 25270, 1949, Laws of Florida, for activities associated
134	with the following types of projects; however, except as
135	otherwise provided in this subsection, nothing in this
136	subsection relieves an applicant from any requirement to obtain
137	permission to use or occupy lands owned by the Board of Trustees
138	of the Internal Improvement Trust Fund or any water management
139	district in its governmental or proprietary capacity or from
140	complying with applicable local pollution control programs
141	authorized under this chapter or other requirements of county
142	and municipal governments:
143	(d)  The replacement or repair of existing docks and piers,
144	except that no fill material may not is to be used and provided
145	that the replacement or repaired dock or pier must be is in the
146	same location and of the same configuration and dimensions as
147	the dock or pier being replaced or repaired. This does not
148	preclude the use of different construction materials or minor
149	deviations to allow upgrades to current structural and design
150	standards.
151	Section 4.  This act shall take effect July 1, 2010.

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