November 22, 2019
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_h0989c1
HB 0989CS

CHAMBER ACTION




1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to public marinas and boat ramps; amending
7s. 373.118, F.S.; directing the Department of
8Environmental Protection to adopt by rule one or more
9general permits for local governments to construct,
10operate, and maintain public marinas and boat ramps;
11exempting certain facilities from development-of-regional-
12impact review; defining the term "public"; providing for
13the use of submerged lands; providing for regulatory
14criteria; requiring the conditions of such permits to be
15effective for the life of the facility and binding on
16future facility owners; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (5) is added to section 373.118,
21Florida Statutes, to read:
22     373.118  General permits.--
23     (5)  The department shall adopt by rule one or more general
24permits for local governments to construct, operate, and
25maintain public marina facilities and public boat ramps,
26including associated courtesy docks and associated parking
27facilities located in uplands. Such general permits adopted by
28rule shall include provisions to ensure compliance with
29subsection (1), part IV of this chapter, and the criteria
30necessary to include the general permits in a state programmatic
31general permit issued by the United States Army Corps of
32Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92-
33500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
34authorized under such general permits is exempt from review as a
35development of regional impact if the facility complies with the
36comprehensive plan of the applicable local government. As used
37in this subsection, the term "public" means the marina or ramp
38is open to the public on a first-come, first-served basis with
39slip rental terms not to exceed 1 year. Such facilities shall be
40consistent with the local government manatee protection plan
41required pursuant to chapter 370 and shall obtain Clean Marina
42Program status prior to opening for operation and maintain that
43status for the life of the facility. Marinas authorized under
44any such general permits shall not exceed an area of 50,000
45square feet over wetlands and other surface waters and shall
46accommodate an average vessel length not to exceed 45 feet or
47vessels whose size range reflects that of vessels registered in
48the jurisdiction of the local government. Boat ramps authorized
49under any such general permits shall be limited to ramps
50associated with a parking facility designed to accommodate no
51more than 100 vehicles with trailers. All conditions of general
52permits adopted pursuant to this subsection shall remain in
53effect for the life of the facility and shall be binding on any
54future owners of the facility.
55     Section 2.  This act shall take effect July 1, 2005.


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