November 17, 2019
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_h0989e1
HB 989

1
A bill to be entitled
2An act relating to public marinas and boat ramps; amending
3s. 373.118, F.S.; directing the Department of
4Environmental Protection to adopt rules to authorize local
5governments to construct and maintain all facilities,
6including public marinas and boat ramps; exempting certain
7facilities from development-of-regional-impact review;
8providing for regulatory criteria; providing for the use
9of submerged lands; amending s. 403.813, F.S.; revising
10permit exemption requirements for floating vessel
11platforms or floating boat lifts; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (5) is added to section 373.118,
17Florida Statutes, to read:
18     373.118  General permits.--
19     (5)  The department shall adopt by rule one or more general
20permits for local governments to construct, operate, and
21maintain public marina facilities, public mooring fields, public
22boat ramps, including associated courtesy docks, and associated
23parking facilities located in uplands. Such general permits
24adopted by rule shall include provisions to ensure compliance
25with subsection (1), part IV of this chapter, and the criteria
26necessary to include the general permits in a state programmatic
27general permit issued by the United States Army Corps of
28Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92-
29500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
30authorized under such general permits is exempt from review as a
31development of regional impact if the facility complies with the
32comprehensive plan of the applicable local government. Such
33facilities shall be consistent with the local government manatee
34protection plan required pursuant to ch. 370 and shall obtain
35Clean Marina Program status prior to opening for operation and
36maintain that status for the life of the facility. Marinas
37authorized under any such general permit shall not exceed an
38area of 50,000 square feet over wetlands and other surface
39waters. The department shall initiate the rulemaking process
40within 60 days after the effective date of this act.
41     Section 2.  Paragraph (s) of subsection (2) of section
42403.813, Florida Statutes, is amended to read:
43     403.813  Permits issued at district centers; exceptions.--
44     (2)  A permit is not required under this chapter, chapter
45373, chapter 61-691, Laws of Florida, or chapter 25214 or
46chapter 25270, 1949, Laws of Florida, for activities associated
47with the following types of projects; however, except as
48otherwise provided in this subsection, nothing in this
49subsection relieves an applicant from any requirement to obtain
50permission to use or occupy lands owned by the Board of Trustees
51of the Internal Improvement Trust Fund or any water management
52district in its governmental or proprietary capacity or from
53complying with applicable local pollution control programs
54authorized under this chapter or other requirements of county
55and municipal governments:
56     (s)  The construction, installation, operation, or
57maintenance of floating vessel platforms or floating boat lifts,
58provided that such structures:
59     1.  Float at all times in the water for the sole purpose of
60supporting a vessel so that the vessel is out of the water when
61not in use;
62     2.  Are wholly contained within a boat slip previously
63permitted under ss. 403.91-403.929, 1984 Supplement to the
64Florida Statutes 1983, as amended, or part IV of chapter 373;
65are, or, when associated with a dock that is exempt under this
66subsection or a permitted dock with no defined boat slip and, do
67not exceed a combined total of 500 square feet, or 200 square
68feet in an Outstanding Florida Water; or are attached to a
69bulkhead on a parcel of land where there is no other docking
70structure and do not exceed a combined total of 1,000 square
71feet outside of Outstanding Florida Waters, 500 square feet
72within an Outstanding Florida Water that is not an aquatic
73preserve, or 200 square feet within an aquatic preserve;
74     3.  Are not used for any commercial purpose or for mooring
75vessels that remain in the water when not in use, and do not
76substantially impede the flow of water, create a navigational
77hazard, or unreasonably infringe upon the riparian rights of
78adjacent property owners, as defined in s. 253.141;
79     4.  Are constructed and used so as to minimize adverse
80impacts to submerged lands, wetlands, shellfish areas, aquatic
81plant and animal species, and other biological communities,
82including locating such structures in areas where no seagrasses
83are least dense exist if such areas are present adjacent to the
84dock or bulkhead; and
85     5.  Are not constructed in areas specifically prohibited
86for boat mooring under conditions of a permit issued in
87accordance with ss. 403.91-403.929, 1984 Supplement to the
88Florida Statutes 1983, as amended, or part IV of chapter 373, or
89other form of authorization issued by a local government.
90
91Structures that qualify for this exemption are relieved from any
92requirement to obtain permission to use or occupy lands owned by
93the Board of Trustees of the Internal Improvement Trust Fund and
94shall not be subject to any permitting requirement, registration
95requirement, or other more stringent regulation by any local
96government. The exemption provided in this paragraph shall be in
97addition to the exemption provided in paragraph (b). By January
981, 2006 2003, the department shall adopt a general permit by
99rule for the construction, installation, operation, or
100maintenance of those floating vessel platforms or floating boat
101lifts that do not qualify for the exemption provided in this
102paragraph but do not cause significant adverse impacts to occur
103individually or cumulatively. The issuance of such general
104permit shall also constitute permission to use or occupy lands
105owned by the Board of Trustees of the Internal Improvement Trust
106Fund. Structures that qualify for Upon the adoption of the rule
107creating such general permit shall not be subject to any
108permitting requirement, registration requirement, or other more
109stringent regulation by any, no local government shall impose a
110more stringent regulation on floating vessel platforms or
111floating boat lifts covered by such general permit.
112     Section 3.  This act shall take effect July 1, 2005.


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