CS/CS/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 expand online self-
13	certification and authorization for certain exemptions,
14	general permits, and individual permits; requiring the
15	department to provide a report to the Legislature and the
16	Legislative Committee on Intergovernmental Relations by a
17	specified date; prohibiting local governments from
18	specifying the method or form for documenting that a
19	project meets specified requirements; amending s. 403.813,
20	F.S.; clarifying provisions relating to permits issued at
21	district centers to authorize the use of different
22	construction materials or minor deviations when replacing
23	or repairing docks and piers; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (e) of subsection (3) of section
28	258.42, Florida Statutes, is amended to read:
29	258.42  Maintenance of preserves.-The Board of Trustees of
30	the Internal Improvement Trust Fund shall maintain such aquatic
31	preserves subject to the following provisions:
32	(3)
33	(e)  There shall be no erection of Structures may not be
34	erected within the preserve, except:
35	1.  Private residential docks may be approved for
36	reasonable ingress or egress of riparian owners. Slips at
37	private residential single-family docks that contain boat lifts
38	or davits that do not float in the water when loaded may not, in
39	whole or in part, be enclosed by walls, but may be roofed if the
40	roof does not overhang more than 1 foot beyond the footprint of
41	the lift and the boat stored at the lift. Such roofs are not
42	included in the square-footage calculation of a terminal
43	platform.
44	2.  Private residential multislip docks may be approved if
45	located within a reasonable distance of a publicly maintained
46	navigation channel, or a natural channel of adequate depth and
47	width to allow operation of the watercraft for which the docking
48	facility is designed without the craft having an adverse impact
49	on marine resources. The distance shall be determined in
50	accordance with criteria established by the trustees by rule,
51	based on a consideration of the depth of the water, nature and
52	condition of bottom, and presence of manatees.
53	3.  Commercial docking facilities shown to be consistent
54	with the use or management criteria of the preserve may be
55	approved if the facilities are located within a reasonable
56	distance of a publicly maintained navigation channel, or a
57	natural channel of adequate depth and width to allow operation
58	of the watercraft for which the docking facility is designed
59	without the craft having an adverse impact on marine resources.
60	The distance shall be determined in accordance with criteria
61	established by the trustees by rule, based on a consideration of
62	the depth of the water, nature and condition of bottom, and
63	presence of manatees.
64	4.  Structures for shore protection, including restoration
65	of seawalls at their previous location or upland of or within 18
66	inches waterward of their previous location, approved
67	navigational aids, or public utility crossings authorized under
68	paragraph (a) may be approved.
69
70	A No structure under this paragraph or chapter 253 may not shall
71	be prohibited solely because the local government fails to adopt
72	a marina plan or other policies dealing with the siting of such
73	structures in its local comprehensive plan.
74	Section 2.  Subsection (29) of section 403.061, Florida
75	Statutes, is amended, present subsection (40) is renumbered as
76	subsection (42), and new subsections (40) and (41) are added to
77	that section, to read:
78	403.061  Department; powers and duties.-The department
79	shall have the power and the duty to control and prohibit
80	pollution of air and water in accordance with the law and rules
81	adopted and promulgated by it and, for this purpose, to:
82	(29)  Adopt by rule special criteria to protect Class II
83	and Class III shellfish harvesting waters. Such rules may
84	include special criteria for approving docking facilities that
85	have 10 or fewer slips if the construction and operation of such
86	facilities will not result in the closure of shellfish waters.
87	Rules previously adopted by the department in rule 17-
88	4.28(8)(a), Florida Administrative Code, are hereby ratified and
89	determined to be a valid exercise of delegated legislative
90	authority and shall remain in effect unless amended by the
91	Environmental Regulation Commission.
92	(40)  Maintain a list of projects or activities, including
93	mitigation banks, which applicants may consider when developing
94	proposals in order to meet the mitigation or public interest
95	requirements of this chapter, chapter 253, or chapter 373. The
96	contents of such list are not a rule as defined in chapter 120,
97	and listing a specific project or activity does not imply
98	department approval for such project or activity. Each county
99	government is encouraged to develop an inventory of projects or
100	activities for inclusion on the list by obtaining input from
101	local stakeholders in the public, private, and nonprofit
102	sectors, including local governments, port authorities, marine
103	contractors, other representatives of the marine construction
104	industry, environmental or conservation organizations, and other
105	interested parties. A county may establish dedicated trust funds
106	for depositing public interest donations to be used for future
107	public interest projects, including improving on-water law
108	enforcement capabilities.
109	(41)  Expand the use of online self-certification and other
110	forms of online authorization for appropriate exemptions,
111	general permits, and individual permits issued by the department
112	and the water management districts if such expansion is
113	economically feasible. The department shall provide a report on
114	the progress of these activities to the President of the Senate,
115	the Speaker of the House of Representatives, and the Legislative
116	Committee on Intergovernmental Relations by February 15, 2011.
117	Notwithstanding any other provision of law, a local government
118	may not specify the method or form for documenting that a
119	project meets the requirements for authorization under chapter
120	161, chapter 253, chapter 373, or this chapter. This includes
121	Internet-based department programs that provide for self-
122	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.