Florida Senate - 2022                              CS for SB 198
       By the Committee on Environment and Natural Resources; and
       Senator Rodriguez
       592-02072-22                                           2022198c1
    1                        A bill to be entitled                      
    2         An act relating to water resources management;
    3         amending s. 253.03, F.S.; authorizing the Board of
    4         Trustees of the Internal Improvement Trust Fund to
    5         grant easements on sovereignty submerged lands for
    6         specified mitigation banks under certain conditions;
    7         providing construction; requiring the Department of
    8         Environmental Protection to adopt and modify specified
    9         rules; providing requirements for such rulemaking;
   10         requiring the department, in consultation with the
   11         water management districts, to include such rulemaking
   12         in any active rulemaking process or to complete such
   13         rule development within a specified timeframe;
   14         amending s. 403.813, F.S.; exempting certain docks on
   15         recorded easements from certain permit and
   16         verification requirements; requiring authorization for
   17         certain docks to use submerged lands upon approval of
   18         the board; providing that the compliance of certain
   19         structures associated with a dock on a parcel of land
   20         with certain provisions creates a presumption of
   21         compliance with certain environmental impact
   22         requirements; removing provisions authorizing local
   23         governments to require permits for certain floating
   24         vessel platforms; revising the purposes for which
   25         local governments may require one-time registration of
   26         such platforms; defining the term “local government”;
   27         providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsection (17) is added to section 253.03,
   32  Florida Statutes, to read:
   33         253.03 Board of trustees to administer state lands; lands
   34  enumerated.—
   35         (17)The board of trustees may grant easements on
   36  sovereignty submerged lands for mitigation banks that are
   37  permitted under s. 373.4136 to ensure the protection and
   38  restoration of natural resources and to offset the unavoidable
   39  impacts of projects when mitigation banks meet the public
   40  interest criteria under this chapter and chapter 258. This
   41  subsection does not prohibit mitigation to offset impacts to
   42  seagrass or other habitats on sovereignty submerged lands, upon
   43  meeting the public interest criteria under this chapter and
   44  chapter 258.
   45         Section 2. The Department of Environmental Protection shall
   46  adopt and modify rules adopted pursuant to ss. 373.4136 and
   47  373.414, Florida Statutes, to ensure that required financial
   48  assurances are equivalent and sufficient to provide for the
   49  long-term management of mitigation permitted under ss. 373.4136
   50  and 373.414, Florida Statutes. The department, in consultation
   51  with the water management districts, shall include the
   52  rulemaking required by this section in existing active
   53  rulemaking, or shall complete rule development by June 30, 2023.
   54         Section 3. Paragraphs (b) and (s) of subsection (1) of
   55  section 403.813, Florida Statutes, are amended to read:
   56         403.813 Permits issued at district centers; exceptions.—
   57         (1) A permit is not required under this chapter, chapter
   58  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   59  chapter 25270, 1949, Laws of Florida, and a local government may
   60  not require a person claiming this exception to provide further
   61  department verification, for activities associated with the
   62  following types of projects; however, except as otherwise
   63  provided in this subsection, this subsection does not relieve an
   64  applicant from any requirement to obtain permission to use or
   65  occupy lands owned by the Board of Trustees of the Internal
   66  Improvement Trust Fund or a water management district in its
   67  governmental or proprietary capacity or from complying with
   68  applicable local pollution control programs authorized under
   69  this chapter or other requirements of county and municipal
   70  governments:
   71         (b) The installation and repair of mooring pilings and
   72  dolphins associated with private docking facilities or piers and
   73  the installation of private docks, piers, and recreational
   74  docking facilities, or piers and recreational docking facilities
   75  of local governmental entities when the local governmental
   76  entity’s activities will not take place in any manatee habitat,
   77  any of which docks:
   78         1. Has 500 square feet or less of over-water surface area
   79  for a dock located in an area designated as Outstanding Florida
   80  Waters or 1,000 square feet or less of over-water surface area
   81  for a dock located in an area that is not designated as
   82  Outstanding Florida Waters;
   83         2. Is constructed on or held in place by pilings or is a
   84  floating dock constructed so as not to involve filling or
   85  dredging other than that necessary to install the pilings;
   86         3. May not substantially impede the flow of water or create
   87  a navigational hazard;
   88         4. Is used for recreational, noncommercial activities
   89  associated with the mooring or storage of boats and boat
   90  paraphernalia; and
   91         5. Is the sole dock constructed pursuant to this exemption
   92  as measured along the shoreline for a distance of 65 feet,
   93  unless the parcel of land, recorded easement, or individual lot
   94  as platted is less than 65 feet in length along the shoreline,
   95  in which case one exempt dock may be allowed per parcel,
   96  easement, or lot. Such docks shall be granted authorization for
   97  the use of submerged lands upon approval by the Board of
   98  Trustees of the Internal Improvement Trust Fund.
  100  This paragraph does not prohibit the department from taking
  101  appropriate enforcement action pursuant to this chapter to abate
  102  or prohibit any activity otherwise exempt from permitting
  103  pursuant to this paragraph if the department can demonstrate
  104  that the exempted activity has caused water pollution in
  105  violation of this chapter.
  106         (s) The construction, installation, operation, or
  107  maintenance of floating vessel platforms or floating boat lifts,
  108  provided that such structures:
  109         1. Float at all times in the water for the sole purpose of
  110  supporting a vessel so that the vessel is out of the water when
  111  not in use;
  112         2. Are wholly contained within a boat slip previously
  113  permitted under ss. 403.91-403.929, 1984 Supplement to the
  114  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  115  do not exceed a combined total of 500 square feet, or 200 square
  116  feet in an Outstanding Florida Water, when associated with a
  117  dock that is exempt under this subsection or associated with a
  118  permitted dock with no defined boat slip or attached to a
  119  bulkhead on a parcel of land where there is no other docking
  120  structure;
  121         3. Are not used for any commercial purpose or for mooring
  122  vessels that remain in the water when not in use, and do not
  123  substantially impede the flow of water, create a navigational
  124  hazard, or unreasonably infringe upon the riparian rights of
  125  adjacent property owners, as defined in s. 253.141;
  126         4. Are constructed and used so as to minimize adverse
  127  impacts to submerged lands, wetlands, shellfish areas, aquatic
  128  plant and animal species, and other biological communities,
  129  including locating such structures in areas where seagrasses are
  130  least dense adjacent to the dock or bulkhead; and
  131         5. Are not constructed in areas specifically prohibited for
  132  boat mooring under conditions of a permit issued in accordance
  133  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  134  1983, as amended, or part IV of chapter 373, or other form of
  135  authorization issued by a local government.
  137  Structures that qualify for this exemption are relieved from any
  138  requirement to obtain permission to use or occupy lands owned by
  139  the Board of Trustees of the Internal Improvement Trust Fund
  140  and, with the exception of those structures attached to a
  141  bulkhead on a parcel of land where there is no docking
  142  structure, are may not be subject to any more stringent
  143  permitting requirements, registration requirements, or other
  144  regulation by any local government. Structures associated with a
  145  dock on a parcel of land under subparagraph 2. which comply with
  146  this paragraph create a presumption of compliance with any
  147  requirement to minimize adverse environmental impacts. A local
  148  government governments may require a permit either permitting or
  149  one-time registration of floating vessel platforms to be
  150  attached to a bulkhead on a parcel of land where there is no
  151  other docking structure as necessary to ensure compliance with
  152  local ordinances, codes, or regulations. A local government
  153  governments may require a either permitting or one-time
  154  registration of all other floating vessel platforms only as
  155  necessary to ensure compliance with the exemption criteria in
  156  this section; or to ensure compliance with local electrical or
  157  plumbing ordinances, codes that, or regulations relating to
  158  building or zoning, which are no more stringent than the
  159  exemption criteria in this section or address subjects other
  160  than subjects addressed by the exemption criteria in this
  161  section; and to ensure proper installation, maintenance, and
  162  precautionary or evacuation action following a tropical storm or
  163  hurricane watch of a floating vessel platform or floating boat
  164  lift that is proposed to be attached to a bulkhead or parcel of
  165  land where there is no other docking structure. The exemption
  166  provided in this paragraph is shall be in addition to the
  167  exemption provided in paragraph (b). The department shall adopt
  168  a general permit by rule for the construction, installation,
  169  operation, or maintenance of those floating vessel platforms or
  170  floating boat lifts that do not qualify for the exemption
  171  provided in this paragraph but do not cause significant adverse
  172  impacts to occur individually or cumulatively. The issuance of
  173  such general permit shall also constitutes constitute permission
  174  to use or occupy lands owned by the Board of Trustees of the
  175  Internal Improvement Trust Fund. A local government governments
  176  may not impose a more stringent regulation, permitting
  177  requirement, registration requirement, or other regulation
  178  covered by such general permit. A local government governments
  179  may require either permitting or one-time registration of
  180  floating vessel platforms as necessary to ensure compliance with
  181  the general permit in this section; to ensure compliance with
  182  local ordinances, codes, or regulations relating to building or
  183  zoning that are no more stringent than the general permit in
  184  this section; and to ensure proper installation and maintenance
  185  of a floating vessel platform or floating boat lift that is
  186  proposed to be attached to a bulkhead or parcel of land where
  187  there is no other docking structure. As used in this paragraph,
  188  the term “local government” includes a charter county, a county
  189  that is required to implement a manatee protection plan pursuant
  190  to s. 379.2431(2)(t), or a county or municipality that
  191  establishes and administers a local pollution control program
  192  under s. 403.182.
  193         Section 4. This act shall take effect upon becoming a law.