Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for HB 7093
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/3R         .        Floor: SENA1/CA         
             05/02/2014 02:01 PM       .      05/02/2014 09:09 PM       

       Senator Dean moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1882 and 1883
    4  insert:
    5         Section 12. Subsections (17) and (18) of section 161.053,
    6  Florida Statutes, are amended to read:
    7         161.053 Coastal construction and excavation; regulation on
    8  county basis.—
    9         (17) The department may grant areawide permits to local
   10  governments, other governmental agencies, and utility companies
   11  for special classes of activities in areas under their general
   12  jurisdiction or responsibility or for the construction of minor
   13  structures, if these activities or structures, due to the type,
   14  size, or temporary nature of the activity or structure, will not
   15  cause measurable interference with the natural functioning of
   16  the beach-dune system or with marine turtles or their nesting
   17  sites. Such activities or structures must comply with this
   18  section and may include, but are not limited to: road repairs,
   19  not including new construction; utility repairs and
   20  replacements, or other minor activities necessary to provide
   21  utility services; beach cleaning; dune restoration; on-grade
   22  walkovers for enhancing accessibility or use in compliance with
   23  the Americans with Disabilities Act; and emergency response. The
   24  department shall may adopt rules to establish criteria and
   25  guidelines for permit applicants. The department shall consult
   26  with the Fish and Wildlife Conservation Commission on each
   27  proposed areawide permit and must require notice provisions
   28  appropriate to the type and nature of the activities for which
   29  the areawide permits are sought.
   30         (18)(a) The department may grant general permits for
   31  projects, including dune restoration, dune walkovers, decks,
   32  fences, landscaping, sidewalks, driveways, pool resurfacing,
   33  minor pool repairs, and other nonhabitable structures, if the
   34  projects, due to type, size, or temporary nature, will not cause
   35  a measurable interference with the natural functioning of the
   36  beach-dune system or with marine turtles or their nesting sites.
   37  Multifamily habitable structures do not qualify for general
   38  permits. However, single-family habitable structures and
   39  swimming pools associated with such single-family habitable
   40  structures that do not advance the line of existing construction
   41  and satisfy all siting and design requirements of this section,
   42  and minor reconstruction for existing coastal armoring
   43  structures, may be eligible for a general permit.
   44         (b) The department shall may adopt rules to establish
   45  criteria and guidelines for permit applicants.
   46         (c)(a) Persons wishing to use the general permits must, at
   47  least 30 days before beginning any work, notify the department
   48  in writing on forms adopted by the department. The notice must
   49  include a description of the proposed project and supporting
   50  documents depicting the proposed project, its location, and
   51  other pertinent information as required by rule, to demonstrate
   52  that the proposed project qualifies for the requested general
   53  permit. Persons who undertake projects without proof of notice
   54  to the department, but whose projects would otherwise qualify
   55  for general permits, shall be considered to have undertaken a
   56  project without a permit and are subject to enforcement pursuant
   57  to s. 161.121.
   58         (d)(b) Persons wishing to use a general permit must provide
   59  notice as required by the applicable local building code where
   60  the project will be located. If a building code does not require
   61  requires no notice, a any person wishing to use a general permit
   62  must, at a minimum, post a sign describing the project on the
   63  property at least 5 days before commencing construction. The
   64  sign must be at least 88 square inches, with letters no smaller
   65  than one-quarter inch.
   66         Section 13. Section 258.435, Florida Statutes, is created
   67  to read:
   68         258.435 Use of aquatic preserves for the accommodation of
   69  visitors.—
   70         (1) The Department of Environmental Protection shall
   71  promote the public use of aquatic preserves and their associated
   72  uplands. The department may receive gifts and donations to carry
   73  out the purpose of part II of this chapter. Moneys received in
   74  trust by the department by gift, devise, appropriation, or
   75  otherwise, subject to the terms of such trust, shall be
   76  deposited into the Land Acquisition Trust Fund and appropriated
   77  to the department for the administration, development,
   78  improvement, promotion, and maintenance of aquatic preserves and
   79  their associated uplands and for any future acquisition or
   80  development of aquatic preserves and their associated uplands.
   81         (2) The department may grant a privilege or concession for
   82  the accommodation of visitors in and use of aquatic preserves
   83  and their associated state-owned uplands if the privilege or
   84  concession does not deny or interfere with the public’s access
   85  to such lands and is compatible with the aquatic preserve’s
   86  management plan as approved by the Acquisition and Restoration
   87  Council. A concession must be granted based on business plans,
   88  qualifications, approach, and specified expectations or
   89  criteria. A privilege or concession may not be assigned or
   90  transferred by the grantee without the consent of the
   91  department.
   92         (3) Upon submittal to the department of a proposed
   93  concession or privilege, the department shall post a description
   94  of the proposed concession or privilege on the department’s
   95  website, including a description of the activity to occur under
   96  the proposed concession or privilege, the time of year that the
   97  activity would take place, and the location of the activity.
   98  Once the description of the proposed privilege or concession is
   99  posted on the department’s website and at least 60 days before
  100  execution of a privilege or concession agreement, the department
  101  shall provide an opportunity for public comment on the proposed
  102  privilege or concession agreement.
  103         Section 14. Subsections (2) and (7) of section 380.276,
  104  Florida Statutes, are amended to read:
  105         380.276 Beaches and coastal areas; display of uniform
  106  warning and safety flags at public beaches; placement of uniform
  107  notification signs; beach safety education.—
  108         (2) The Department of Environmental Protection, through the
  109  Florida Coastal Management Program, shall direct and coordinate
  110  the uniform warning and safety flag program. The purpose of the
  111  program shall be to encourage the display of uniform warning and
  112  safety flags at public beaches along the coast of the state and
  113  to encourage the placement of uniform notification signs that
  114  provide the meaning of such flags. Unless additional safety and
  115  warning devices are authorized pursuant to subsection (7), only
  116  warning and safety flags developed by the department shall be
  117  displayed. Participation in the program shall be open to any
  118  government having jurisdiction over a public beach along the
  119  coast, whether or not the beach has lifeguards.
  120  (7) The Department of Environmental Protection, through the
  121  Florida Coastal Management Program, may also develop and make
  122  available to the public other educational information and
  123  materials related to beach safety and may also authorize state
  124  agencies and local governments to use additional safety and
  125  warning devices in conjunction with the display of uniform
  126  warning and safety flags at public beaches.
  128  ================= T I T L E  A M E N D M E N T ================
  129  And the title is amended as follows:
  130         Delete lines 2 - 27
  131  and insert:
  132         An act relating to the Department of Environmental
  133         Protection; amending s. 287.0595, F.S.; deleting a
  134         provision exempting certain professional service
  135         contracts from pollution response action contract
  136         requirements; amending s. 376.3071, F.S.; providing
  137         legislative findings and intent regarding the
  138         Petroleum Restoration Program and the rehabilitation
  139         of contamination sites; providing requirements for
  140         site rehabilitation contracts and procedures for
  141         payment of rehabilitation work under the Petroleum
  142         Restoration Program; revising provisions relating to
  143         the duty of the Department of Environmental Protection
  144         to seek recovery and reimbursement of certain costs;
  145         providing applicability of funding under the Early
  146         Detection Incentive Program; deleting obsolete
  147         provisions relating to reimbursement for certain
  148         cleanup expenses; repealing s. 376.30711, F.S.,
  149         relating to preapproved site rehabilitation; amending
  150         376.30713, F.S.; providing for certain applicants to
  151         use a commitment to pay, a demonstrated cost savings,
  152         or both to meet advanced cleanup cost-share
  153         requirements; amending ss. 376.301, 376.302, 376.305,
  154         376.30714, 376.3072, 376.3073, and 376.3075, F.S.;
  155         conforming provisions to changes made by the act;
  156         amending s. 161.053, F.S.; revising permit
  157         requirements for coastal construction and excavation;
  158         authorizing the Department of Environmental
  159         Protection, in consultation with the Fish and Wildlife
  160         Conservation Commission, to grant areawide permits for
  161         certain structures; requiring the department to adopt
  162         rules; creating s. 258.435, F.S.; requiring the
  163         Department of Environmental Protection to promote the
  164         public use of aquatic preserves and their associated
  165         uplands; authorizing the department to receive gifts
  166         and donations for specified purposes; providing
  167         restrictions for moneys received; authorizing the
  168         department to grant privileges and concessions for
  169         accommodation of visitors in and use of aquatic
  170         preserves and their associated uplands; providing
  171         criteria for granting such concessions; providing
  172         restrictions on such privileges and concessions and
  173         prohibiting them from being assigned or transferred
  174         without the department’s consent; requiring the
  175         department to post descriptions of proposed privileges
  176         and concessions on the department’s website; requiring
  177         the department to provide an opportunity for public
  178         comment on agreements for such privileges and
  179         concessions; amending s. 380.276, F.S.; authorizing
  180         the department to allow state agencies and local
  181         governments to use additional safety and warning
  182         devices at public beaches under certain conditions;
  183         providing an effective date.