Florida Senate - 2014                       CS for CS for SB 956
       By the Committees on Community Affairs; and Environmental
       Preservation and Conservation; and Senator Bean
       578-03195-14                                           2014956c2
    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; prohibiting a grantee from assigning or
   15         transferring such privileges or concessions without
   16         the department’s consent; requiring information on
   17         proposed concession agreements to be posted on the
   18         department’s website upon submittal and 60 days before
   19         execution; 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,
   24  Florida 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  shall consult with the Florida Fish and Wildlife Conservation
   45  Commission on each proposed areawide permit and must require
   46  notice provisions appropriate to the type and nature of the
   47  activities for which the areawide permits are sought.
   48         (18)(a) The department may grant general permits for
   49  projects, including dune restoration, dune walkovers, decks,
   50  fences, landscaping, sidewalks, driveways, pool resurfacing,
   51  minor pool repairs, and other nonhabitable structures, if the
   52  projects, due to type, size, or temporary nature, will not cause
   53  a measurable interference with the natural functioning of the
   54  beach-dune system or with marine turtles or their nesting sites.
   55  Multifamily habitable structures do not qualify for general
   56  permits. However, single-family habitable structures and
   57  swimming pools associated with such single-family habitable
   58  structures that do not advance the line of existing construction
   59  and satisfy all siting and design requirements of this section
   60  and minor reconstruction for existing coastal armoring
   61  structures may be eligible for a general permit.
   62         (b) The department shall may adopt rules to establish
   63  criteria 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 for the accommodation of
   87  visitors.—
   88         (1) The Department of Environmental Protection shall
   89  promote the public use of aquatic preserves and their associated
   90  uplands. The department may receive gifts and donations to carry
   91  out the purposes of this part. Money received in trust by the
   92  department by gift, devise, appropriation, or otherwise, subject
   93  to the terms of such trust, shall be deposited into the Land
   94  Acquisition Trust Fund and appropriated to the department for
   95  the administration, development, improvement, promotion, and
   96  maintenance of aquatic preserves and their associated uplands
   97  and for any future acquisition or development of aquatic
   98  preserves and their associated uplands.
   99         (2) The department may grant a privilege or concession for
  100  the accommodation of visitors in and the use of aquatic
  101  preserves and their associated state-owned uplands if the
  102  privilege or concession does not deny or interfere with the
  103  public’s access to such lands and is compatible with the aquatic
  104  preserve’s management plan as approved by the Acquisition and
  105  Restoration Council. A concession must be granted based on
  106  business plans, qualifications, approach, and specified
  107  expectations or criteria. A privilege or concession may not be
  108  assigned or transferred by the grantee without the consent of
  109  the department.
  110         (3) In order to provide transparency to the public,
  111  information on proposed concession agreements will be posted on
  112  the department’s website upon submission to the department and
  113  60 days before execution. The public shall be afforded the
  114  opportunity to comment on proposed concession agreements before
  115  execution.
  116         Section 3. This act shall take effect July 1, 2014.