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.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
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.