Florida Senate - 2012                                    SB 1240
       
       
       
       By Senator Hays
       
       
       
       
       20-01251-12                                           20121240__
    1                        A bill to be entitled                      
    2         An act relating to freshwater rivers and lakes;
    3         amending s. 403.813, F.S.; exempting from permit
    4         requirements certain projects that provide for removal
    5         of detrital material from certain freshwater rivers or
    6         lakes if a governmental agency sponsors or
    7         participates in the project and certain additional
    8         conditions are met; requiring that the district office
    9         of the Department of Environmental Protection be
   10         notified before work commences; providing for
   11         information that must be given in the notice;
   12         requiring that the department receive written
   13         certification of compliance; prohibiting the
   14         department from charging a fee for detrital material
   15         that is removed; authorizing the use of sovereignty
   16         submerged lands for the purposes authorized by the
   17         act; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (4) is added to section 403.813,
   22  Florida Statutes, to read:
   23         403.813 Permits issued at district centers; exceptions.—
   24         (4) Notwithstanding any provision to the contrary under
   25  chapter 253, chapter 369, chapter 373, chapter 61-691, Laws of
   26  Florida, or chapter 25214 or chapter 25270, 1949, Laws of
   27  Florida, or this chapter, a permit or other authorization is not
   28  required for a project to maintain, restore, or enhance
   29  navigational, environmental, or aquatic habitat and which
   30  provides for the removal of organic detrital material from a
   31  freshwater river or lake that has a natural sand or rocky
   32  substrate, if a governmental agency sponsors or participates in
   33  the project, through funding or otherwise, and if the following
   34  conditions are met:
   35         (a) The organic detrital material and plant material that
   36  is removed must be deposited in an upland site in a manner that
   37  will not cause a water quality violation or must be redirected
   38  to a alternative beneficial reuse.
   39         (b) A mixing zone for turbidity must be granted within a
   40  150-meter radius from the point of dredging while the dredging
   41  is ongoing.
   42         (c) The return water, which may contain flocculants,
   43  resulting from dewatering of the dredge material or from the
   44  site used for the disposal or storage of dredged material must
   45  be allowed to return to the water body from which the material
   46  is dredged. If the return water is discharged into a mixing
   47  zone, it must be discharged within a radius not to exceed 1,000
   48  meters from the point of discharge into the receiving waters
   49  during and immediately after the dredging. The mixing zone may
   50  not extend into wetland areas. The return water discharged into
   51  mixing zones must be of sufficient dilution so that the return
   52  water is diluted to such an extent in the mixing zone as to
   53  avoid materially altering the natural state of the water outside
   54  the mixing zone.
   55         (d) The applicable district office of the department must
   56  be notified in writing at least 30 days before work is
   57  commenced. The notice must include a plan for the removal of
   58  organic detrital material, a plan for the disposal of material,
   59  if applicable, and notification of intent to pursue alternative
   60  beneficial reuse of the material, if applicable.
   61         (e) The department must be provided written certification
   62  of compliance with the terms and conditions of this subsection
   63  within 30 days after completion of any activity occurring under
   64  this exemption.
   65         (f) The department may not charge a fee for the removal of
   66  detrital material pursuant to this subsection.
   67         (g) Sovereignty submerged lands may be used for the
   68  purposes authorized in this subsection.
   69         Section 2. This act shall take effect July 1, 2012.