Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 956
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2014           .                                

       (Altman) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5  Section 1. Subsections (17) and (18) of section 161.053, Florida
    6  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 usage in compliance
   23  with the Americans with Disabilities Act; and emergency
   24  response. The department shall may adopt rules to establish
   25  criteria and guidelines for permit applicants. The department
   26  must require notice provisions appropriate to the type and
   27  nature of the activities for which the areawide permits are
   28  sought.
   29         (18)(a) The department may grant general permits for
   30  projects, including dune restoration, dune walkovers, decks,
   31  fences, landscaping, sidewalks, driveways, pool resurfacing,
   32  minor pool repairs, and other nonhabitable structures, if the
   33  projects, due to type, size, or temporary nature, will not cause
   34  a measurable interference with the natural functioning of the
   35  beach-dune system or with marine turtles or their nesting sites.
   36  Multifamily habitable structures do not qualify for general
   37  permits. However, single-family habitable structures and
   38  swimming pools associated with such single-family habitable
   39  structures that do not advance the line of existing construction
   40  and satisfy all siting and design requirements of this section
   41  and minor reconstruction for existing coastal armoring
   42  structures may be eligible for a general permit.
   43         (b) The department shall may adopt rules to establish
   44  criteria and guidelines for permit applicants.
   45         (c)(a) Persons wishing to use the general permits must, at
   46  least 30 days before beginning any work, notify the department
   47  in writing on forms adopted by the department. The notice must
   48  include a description of the proposed project and supporting
   49  documents depicting the proposed project, its location, and
   50  other pertinent information as required by rule, to demonstrate
   51  that the proposed project qualifies for the requested general
   52  permit. Persons who undertake projects without proof of notice
   53  to the department, but whose projects would otherwise qualify
   54  for general permits, shall be considered to have undertaken a
   55  project without a permit and are subject to enforcement pursuant
   56  to s. 161.121.
   57         (d)(b) Persons wishing to use a general permit must provide
   58  notice as required by the applicable local building code where
   59  the project will be located. If a building code does not require
   60  requires no notice, a any person wishing to use a general permit
   61  must, at a minimum, post a sign describing the project on the
   62  property at least 5 days before commencing construction. The
   63  sign must be at least 88 square inches, with letters no smaller
   64  than one-quarter inch.
   65         Section 2. Section 258.435, Florida Statutes, is created to
   66  read:
   67         258.435 Use of aquatic preserves for the accommodation of
   68  visitors.—
   69         (1) The Department of Environmental Protection shall
   70  promote the public use of aquatic preserves and their associated
   71  uplands. The department may receive gifts and donations to carry
   72  out the purposes of this part. Money received in trust by the
   73  department by gift, devise, appropriation, or otherwise, subject
   74  to the terms of such trust, shall be deposited into the Land
   75  Acquisition Trust Fund and appropriated to the department for
   76  the administration, development, improvement, promotion, and
   77  maintenance of aquatic preserves and their associated uplands
   78  and for any future acquisition or development of aquatic
   79  preserves and their associated uplands.
   80         (2) The department may grant a privilege or concession for
   81  the accommodation of visitors in and the use of aquatic
   82  preserves and their associated state-owned uplands if the
   83  privilege or concession does not deny or interfere with the
   84  public’s access to such lands and is compatible with the aquatic
   85  preserve’s management plan as approved by the Acquisition and
   86  Restoration Council. A privilege or concession may be granted
   87  without advertisement or without using a competitive bidding
   88  process. A privilege or concession may not be assigned or
   89  transferred by the grantee without the consent of the
   90  department.
   91  Section 3. This act shall take effect July 1, 2014.
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Delete everything before the enacting clause
   96  and insert:
   97                        A bill to be entitled                      
   98         An act relating to coastal management; amending s.
   99         161.053, F.S.; authorizing the department to grant
  100         areawide permits for the construction of minor
  101         structures; requiring that such activities and
  102         structures comply with this section; authorizing
  103         certain swimming pools and maintenance projects to be
  104         eligible for a general permit; creating s. 258.435,
  105         F.S.; requiring the department to promote the public
  106         use of aquatic preserves and their associated uplands;
  107         authorizing the department to grant privileges,
  108         leases, or concessions for the accommodation of
  109         visitors in and use of aquatic preserves and their
  110         associated uplands; authorizing the department to
  111         grant a privilege, lease, or concession without
  112         advertisement or without using a competitive bidding
  113         process and prohibiting a privilege, lease, or
  114         concession from being assigned or transferred without
  115         the department’s consent; authorizing the department
  116         to receive gifts and donations; providing restrictions
  117         for such moneys received; providing an effective date.