Florida Senate - 2014                              CS for SB 956
       By the Committee on Environmental Preservation and Conservation;
       and Senator Bean
       592-02553-14                                           2014956c1
    1                        A bill to be entitled                      
    2         An act relating to coastal management; amending s.
    3         161.053, F.S.; authorizing the Department of
    4         Environmental Protection to grant areawide permits for
    5         certain structures; requiring the department to adopt
    6         rules; creating s. 258.435, F.S.; requiring the
    7         department to promote the public use of aquatic
    8         preserves and their associated uplands; authorizing
    9         the department to receive gifts and donations for
   10         certain purposes; authorizing the department to grant
   11         privileges or concessions for the accommodation of
   12         visitors in and use of aquatic preserves and their
   13         associated uplands provided certain conditions are
   14         met; providing that such privileges or concessions may
   15         be granted without advertisement or without using a
   16         competitive bidding process; prohibiting a grantee
   17         from assigning or transferring such privileges or
   18         concessions without the department’s consent;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23  Section 1. Subsections (17) and (18) of section 161.053, Florida
   24  Statutes, are amended to read:
   25         161.053 Coastal construction and excavation; regulation on
   26  county basis.—
   27         (17) The department may grant areawide permits to local
   28  governments, other governmental agencies, and utility companies
   29  for special classes of activities in areas under their general
   30  jurisdiction or responsibility or for the construction of minor
   31  structures, if these activities or structures, due to the type,
   32  size, or temporary nature of the activity or structure, will not
   33  cause measurable interference with the natural functioning of
   34  the beach-dune system or with marine turtles or their nesting
   35  sites. Such activities or structures must comply with this
   36  section and may include, but are not limited to: road repairs,
   37  not including new construction; utility repairs and
   38  replacements, or other minor activities necessary to provide
   39  utility services; beach cleaning; dune restoration; on-grade
   40  walkovers for enhancing accessibility or usage in compliance
   41  with the Americans with Disabilities Act; and emergency
   42  response. The department shall may adopt rules to establish
   43  criteria and guidelines for permit applicants. The department
   44  must require notice provisions appropriate to the type and
   45  nature of the activities for which the areawide permits are
   46  sought.
   47         (18)(a) The department may grant general permits for
   48  projects, including dune restoration, dune walkovers, decks,
   49  fences, landscaping, sidewalks, driveways, pool resurfacing,
   50  minor pool repairs, and other nonhabitable structures, if the
   51  projects, due to type, size, or temporary nature, will not cause
   52  a measurable interference with the natural functioning of the
   53  beach-dune system or with marine turtles or their nesting sites.
   54  Multifamily habitable structures do not qualify for general
   55  permits. However, single-family habitable structures and
   56  swimming pools associated with such single-family habitable
   57  structures that do not advance the line of existing construction
   58  and satisfy all siting and design requirements of this section
   59  and minor reconstruction for existing coastal armoring
   60  structures may be eligible for a general permit.
   61         (b) The department shall may adopt rules to establish
   62  criteria and guidelines for permit applicants.
   63         (c)(a) Persons wishing to use the general permits must, at
   64  least 30 days before beginning any work, notify the department
   65  in writing on forms adopted by the department. The notice must
   66  include a description of the proposed project and supporting
   67  documents depicting the proposed project, its location, and
   68  other pertinent information as required by rule, to demonstrate
   69  that the proposed project qualifies for the requested general
   70  permit. Persons who undertake projects without proof of notice
   71  to the department, but whose projects would otherwise qualify
   72  for general permits, shall be considered to have undertaken a
   73  project without a permit and are subject to enforcement pursuant
   74  to s. 161.121.
   75         (d)(b) Persons wishing to use a general permit must provide
   76  notice as required by the applicable local building code where
   77  the project will be located. If a building code does not require
   78  requires no notice, a any person wishing to use a general permit
   79  must, at a minimum, post a sign describing the project on the
   80  property at least 5 days before commencing construction. The
   81  sign must be at least 88 square inches, with letters no smaller
   82  than one-quarter inch.
   83         Section 2. Section 258.435, Florida Statutes, is created to
   84  read:
   85         258.435 Use of aquatic preserves for the accommodation of
   86  visitors.—
   87         (1) The Department of Environmental Protection shall
   88  promote the public use of aquatic preserves and their associated
   89  uplands. The department may receive gifts and donations to carry
   90  out the purposes of this part. Money received in trust by the
   91  department by gift, devise, appropriation, or otherwise, subject
   92  to the terms of such trust, shall be deposited into the Land
   93  Acquisition Trust Fund and appropriated to the department for
   94  the administration, development, improvement, promotion, and
   95  maintenance of aquatic preserves and their associated uplands
   96  and for any future acquisition or development of aquatic
   97  preserves and their associated uplands.
   98         (2) The department may grant a privilege or concession for
   99  the accommodation of visitors in and the use of aquatic
  100  preserves and their associated state-owned uplands if the
  101  privilege or concession does not deny or interfere with the
  102  public’s access to such lands and is compatible with the aquatic
  103  preserve’s management plan as approved by the Acquisition and
  104  Restoration Council. A privilege or concession may be granted
  105  without advertisement or without using a competitive bidding
  106  process. A privilege or concession may not be assigned or
  107  transferred by the grantee without the consent of the
  108  department.
  109         Section 3. This act shall take effect July 1, 2014.