| 1 | A bill to be entitled |
| 2 | An act relating to Nassau County; providing that certain |
| 3 | single-family docks located in the Nassau River-St. Johns |
| 4 | River Marshes Aquatic Preserve must meet specified |
| 5 | criteria; authorizing the Department of Environmental |
| 6 | Protection to take action against owners of docks that do |
| 7 | not meet such criteria after a specified date; providing |
| 8 | an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Existing single-family docks constructed prior |
| 13 | to June 1, 2009, that are located within Nassau County on Lofton |
| 14 | Creek in the Nassau River-St. Johns River Marshes Aquatic |
| 15 | Preserve between State Road 200 to the north and a line drawn |
| 16 | between N30°32'44.890", W-81°33'08.68 and N30°32'40.001", W- |
| 17 | 81°32'55.79 to the south shall: |
| 18 | (1) Be exempt from the need to obtain a permit under part |
| 19 | IV of chapter 373, Florida Statutes, for the existing dock or |
| 20 | for modifications to the existing dock necessary to meet the |
| 21 | conditions for applying for a letter of consent pursuant to this |
| 22 | act. |
| 23 | (2) Notwithstanding the provisions of chapter 258, Florida |
| 24 | Statutes, and rule 18-20, Florida Administrative Code, be |
| 25 | allowed to retain a terminal platform, as defined in rule 18- |
| 26 | 20.003(67), Florida Administrative Code, with a cumulative total |
| 27 | deck and roof area not to exceed 800 square feet, provided that |
| 28 | by December 31, 2010, the owner of the riparian parcel |
| 29 | associated with the dock conforms the dock to meet the terminal |
| 30 | platform size requirement, if necessary, and applies for a |
| 31 | letter of consent to use sovereignty submerged lands from the |
| 32 | Department of Environmental Protection acting on behalf of the |
| 33 | Board of Trustees of the Internal Improvement Trust Fund. A |
| 34 | letter of consent shall be issued once applicable criteria of |
| 35 | this act are met and the owner shall record the original letter |
| 36 | of consent in the Nassau County Official Records Book to run |
| 37 | with the upland parcel. |
| 38 | (3) Be maintained or repaired within a footprint the same |
| 39 | as or smaller than the footprint of the current structure in |
| 40 | accordance with rule 18-21.004(7)(h), Florida Administrative |
| 41 | Code. This subsection does not prohibit an owner from |
| 42 | demolishing or removing such a dock. However, should more than |
| 43 | 50 percent of a nonconforming structure fall into a state of |
| 44 | disrepair or be destroyed as a result of any natural or manmade |
| 45 | force, the entire structure shall be brought into full |
| 46 | compliance with the current rules of the board. |
| 47 | Section 2. Nothing in this act shall be construed to |
| 48 | prevent the Department of Environmental Protection from taking |
| 49 | enforcement action against the owner of the riparian parcel |
| 50 | associated with a dock that does not meet the criteria of |
| 51 | section 1 after December 31, 2010. |
| 52 | Section 3. This act shall take effect upon becoming a law. |