Florida Senate - 2014                                     SB 956
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00930-14                                             2014956__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Environmental
    3         Protection; amending s. 161.053, F.S.; authorizing the
    4         department to grant areawide permits for the
    5         construction of minor structures; requiring that such
    6         activities and structures comply with this section;
    7         authorizing certain swimming pools and maintenance
    8         projects to be eligible for a general permit; creating
    9         s. 258.435, F.S.; requiring the department to promote
   10         the public use of aquatic preserves and their
   11         associated uplands; authorizing the department to
   12         grant privileges, leases, or concessions for the
   13         accommodation of visitors in and use of aquatic
   14         preserves and their associated uplands; authorizing
   15         the department to grant a privilege, lease, or
   16         concession without advertisement or without using a
   17         competitive bidding process and prohibiting a
   18         privilege, lease, or concession from being assigned or
   19         transferred without the department’s consent;
   20         authorizing the department to receive gifts and
   21         donations; providing restrictions for such moneys
   22         received; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (17) and (18) of section 161.053,
   27  Florida Statutes, are amended to read:
   28         161.053 Coastal construction and excavation; regulation on
   29  county basis.—
   30         (17) The department may grant areawide permits to local
   31  governments, other governmental agencies, and utility companies
   32  for special classes of activities in areas under their general
   33  jurisdiction or responsibility or for the construction of minor
   34  structures, if these activities or structures, due to the type,
   35  size, or temporary nature of the activity or structure, will not
   36  cause measurable interference with the natural functioning of
   37  the beach-dune system or with marine turtles or their nesting
   38  sites. Such activities or structures must comply with this
   39  section and may include, but are not limited to: road repairs,
   40  not including new construction; utility repairs and
   41  replacements, or other minor activities necessary to provide
   42  utility services; beach cleaning; dune restoration; on-grade
   43  walkovers for enhancing accessibility or usage in compliance
   44  with the Americans with Disabilities Act; and emergency
   45  response. The department may adopt rules to establish criteria
   46  and guidelines for permit applicants. The department must
   47  require notice provisions appropriate to the type and nature of
   48  the activities for which the areawide permits are sought.
   49         (18)(a) The department may grant general permits for
   50  projects, including dune walkovers, decks, fences, landscaping,
   51  sidewalks, driveways, pool resurfacing, minor pool repairs, and
   52  other nonhabitable structures, if the projects, due to type,
   53  size, or temporary nature, will not cause a measurable
   54  interference with the natural functioning of the beach-dune
   55  system or with marine turtles or their nesting sites.
   56  Multifamily habitable structures do not qualify for general
   57  permits. However, single-family habitable structures or swimming
   58  pools that do not advance the line of existing construction and
   59  satisfy all siting and design requirements of this section, and
   60  maintenance projects for existing coastal armoring structures
   61  may be eligible for a general permit.
   62         (b) The department may adopt rules to establish criteria
   63  and guidelines for permit applicants.
   64         (c)(a) Persons wishing to use the general permits must, at
   65  least 30 days before beginning any work, notify the department
   66  in writing on forms adopted by the department. The notice must
   67  include a description of the proposed project and supporting
   68  documents depicting the proposed project, its location, and
   69  other pertinent information as required by rule, to demonstrate
   70  that the proposed project qualifies for the requested general
   71  permit. Persons who undertake projects without proof of notice
   72  to the department, but whose projects would otherwise qualify
   73  for general permits, shall be considered to have undertaken a
   74  project without a permit and are subject to enforcement pursuant
   75  to s. 161.121.
   76         (d)(b) Persons wishing to use a general permit must provide
   77  notice as required by the applicable local building code where
   78  the project will be located. If a building code does not require
   79  requires no notice, a any person wishing to use a general permit
   80  must, at a minimum, post a sign describing the project on the
   81  property at least 5 days before commencing construction. The
   82  sign must be at least 88 square inches, with letters no smaller
   83  than one-quarter inch.
   84         Section 2. Section 258.435, Florida Statutes, is created to
   85  read:
   86         258.435 Use of aquatic preserves and their associated
   87  uplands.—The Department of Environmental Protection shall
   88  promote the public use of aquatic preserves and their associated
   89  uplands.
   90         (1) The department may grant a privilege, lease, or
   91  concession for the accommodation of visitors in and use of
   92  aquatic preserves and their associated uplands if the privilege,
   93  lease, or concession does not deny or interfere with the
   94  public’s access to such lands.
   95         (2)A privilege, lease, or concession may be granted
   96  without advertisement or without using a competitive bidding
   97  process. A privilege, lease, or concession may not be assigned
   98  or transferred by the grantee without the consent of the
   99  department.
  100         (3) The department may receive gifts and donations to carry
  101  out the purpose of this section. Money received in trust by the
  102  department by gift, devise, appropriation, or otherwise, subject
  103  to the terms of such trust, shall be deposited into the Land
  104  Acquisition Trust Fund and appropriated to the department for
  105  the administration, development, improvement, promotion, and
  106  maintenance of aquatic preserves and their associated uplands
  107  and for any future acquisition or development of aquatic
  108  preserves and their associated uplands.
  109         Section 3. This act shall take effect July 1, 2014.