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.