May 29, 2020
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HB 0989

A bill to be entitled
2An act relating to public marinas and boat ramps; amending
3s. 403.814, F.S.; directing the Department of
4Environmental Protection to authorize local governments to
5construct and maintain public marinas and boat ramps;
6providing for the use of submerged lands; providing for
7regulatory criteria; exempting certain facilities from
8development-of-regional-impact review; providing a
9definition; prohibiting the sale of public marinas and
10boat ramps; providing for preemptive fees; specifying the
11use of such fees; providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Subsection (12) is added to section 403.814,
16Florida Statutes, to read:
17     403.814  General permits; delegation.--
18     (12)  The department shall adopt by rule a general permit
19providing regulatory and proprietary authorization to local
20governments for the construction and maintenance of public
21marina facilities and public boat ramps. Such facilities shall
22preempt no more than 50,000 square feet of sovereign submerged
23lands and shall be reviewed pursuant to the regulatory criteria
24set forth in s. 373.414. All public marina facilities
25constructed pursuant to this subsection must obtain Clean Marina
26Program status within a reasonable time after completion and
27must maintain such status for the life of the facility. Any
28public facility in compliance with the provisions of this
29subsection shall not be required to undergo review as a
30development of regional impact as long as the facility is
31consistent with the comprehensive plan of the applicable local
32government. For the purposes of this section, the term "public
33facility" shall mean open to the public on a first-come, first-
34served basis with a rental term not to exceed 1 year. No public
35marina facility or boat ramp constructed pursuant to this
36subsection shall be sold to a private entity. The state hereby
37consents to the use of all state lands lying under water that
38are necessary for the accomplishment of the purposes of this
39subsection. Fees charged to local governments for preemption of
40such state lands shall be as set forth in chapter 253 and shall
41be used to promote boating access in the state.
42     Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.
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