Florida Senate - 2010                                    SB 1118
       By Senator Altman
       24-01041-10                                           20101118__
    1                        A bill to be entitled                      
    2         An act relating to docks; amending s. 258.42, F.S.;
    3         authorizing the placement of roofs on certain
    4         residential single-family docks; amending s. 403.061,
    5         F.S.; authorizing the Department of Environmental
    6         Protection to adopt rules that include special
    7         criteria for approving certain docking facilities in
    8         shellfish harvesting waters; deleting an obsolete
    9         provision; authorizing the department to maintain a
   10         list of projects or activities for applicants to
   11         consider when developing proposals in order to meet
   12         mitigation or public interest requirements;
   13         authorizing the department to develop a project
   14         management plan to implement an e-permitting program;
   15         authorizing the department to expand online self
   16         certification for certain exemptions and general
   17         permits; prohibiting local governments from specifying
   18         the method or form for documenting that a project
   19         meets specified requirements; amending s. 403.813,
   20         F.S.; clarifying provisions relating to permits issued
   21         at district centers to authorize the use of different
   22         construction materials or minor deviations when
   23         replacing or repairing docks and piers; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraph (e) of subsection (3) of section
   29  258.42, Florida Statutes, is amended to read:
   30         258.42 Maintenance of preserves.—The Board of Trustees of
   31  the Internal Improvement Trust Fund shall maintain such aquatic
   32  preserves subject to the following provisions:
   33         (3)
   34         (e) There shall be no erection of Structures may not be
   35  erected within the preserve, except:
   36         1. Private residential docks may be approved for reasonable
   37  ingress or egress of riparian owners. Slips at private
   38  residential single-family docks that contain boat lifts or
   39  davits that do not float in the water when loaded may not, in
   40  whole or in part, be enclosed by walls, but may be roofed if the
   41  roof does not overhang more than 1 foot beyond the footprint of
   42  the boat lift. Such roofs are not included in the square-footage
   43  calculation of a terminal platform.
   44         2. Private residential multislip docks may be approved if
   45  located within a reasonable distance of a publicly maintained
   46  navigation channel, or a natural channel of adequate depth and
   47  width to allow operation of the watercraft for which the docking
   48  facility is designed without the craft having an adverse impact
   49  on marine resources. The distance shall be determined in
   50  accordance with criteria established by the trustees by rule,
   51  based on a consideration of the depth of the water, nature and
   52  condition of bottom, and presence of manatees.
   53         3. Commercial docking facilities shown to be consistent
   54  with the use or management criteria of the preserve may be
   55  approved if the facilities are located within a reasonable
   56  distance of a publicly maintained navigation channel, or a
   57  natural channel of adequate depth and width to allow operation
   58  of the watercraft for which the docking facility is designed
   59  without the craft having an adverse impact on marine resources.
   60  The distance shall be determined in accordance with criteria
   61  established by the trustees by rule, based on a consideration of
   62  the depth of the water, nature and condition of bottom, and
   63  presence of manatees.
   64         4. Structures for shore protection, including restoration
   65  of seawalls at their previous location or upland of or within 18
   66  inches waterward of their previous location, approved
   67  navigational aids, or public utility crossings authorized under
   68  paragraph (a) may be approved.
   70  A No structure under this paragraph or chapter 253 may not shall
   71  be prohibited solely because the local government fails to adopt
   72  a marina plan or other policies dealing with the siting of such
   73  structures in its local comprehensive plan.
   74         Section 2. Subsection (29) of section 403.061, Florida
   75  Statutes, is amended, present subsection (40) is renumbered as
   76  section (43), and new subsections (40), (41), and (42) are added
   77  to that section, to read:
   78         403.061 Department; powers and duties.—The department shall
   79  have the power and the duty to control and prohibit pollution of
   80  air and water in accordance with the law and rules adopted and
   81  promulgated by it and, for this purpose, to:
   82         (29) Adopt by rule special criteria to protect Class II
   83  shellfish harvesting waters. Such rules may include special
   84  criteria for approving docking facilities that have 10 or fewer
   85  slips if the construction and operation of such facilities will
   86  not result in the closure of shellfish waters. Rules previously
   87  adopted by the department in rule 17-4.28(8)(a), Florida
   88  Administrative Code, are hereby ratified and determined to be a
   89  valid exercise of delegated legislative authority and shall
   90  remain in effect unless amended by the Environmental Regulation
   91  Commission.
   92         (40) Maintain a list of projects or activities, including
   93  mitigation banks, which applicants may consider when developing
   94  proposals in order to meet the mitigation or public interest
   95  requirements of this chapter, chapter 253, or chapter 373. The
   96  contents of such list are not a rule as defined in chapter 120,
   97  and listing a specific project or activity does not imply
   98  department approval for such project or activity. Each county
   99  government is encouraged to develop an inventory of projects or
  100  activities for inclusion on the list by obtaining input from
  101  local stakeholders in the public, private, and nonprofit
  102  sectors, including local governments, port authorities, marine
  103  contractors, other representatives of the marine construction
  104  industry, environmental or conservation organizations, and other
  105  interested parties. A county may establish dedicated trust funds
  106  for depositing public interest donations to be used for future
  107  public interest projects, including improving on-water law
  108  enforcement capabilities.
  109         (41) Develop a project management plan to implement an e
  110  permitting program that allows for timely submission and
  111  exchange of permit application and compliance information that
  112  benefits the department’s mission, permit applicants,
  113  permitholders, and the public. The plan must include an
  114  implementation timetable, estimated costs, and transaction fees.
  115  The department shall submit the plan to the President of the
  116  Senate, the Speaker of the House of Representatives, and the
  117  Legislative Committee on Intergovernmental Relations by January
  118  15, 2011.
  119         (42) Expand the use of online self-certification for
  120  appropriate exemptions and general permits issued by the
  121  department and the water management districts if such expansion
  122  is economically feasible. Notwithstanding any other provision of
  123  law, a local government may not specify the method or form for
  124  documenting that a project meets the requirements for
  125  authorization under chapter 161, chapter 253, chapter 373, or
  126  this chapter. This includes Internet-based department programs
  127  that provide for self-certification.
  129  The department shall implement such programs in conjunction with
  130  its other powers and duties and shall place special emphasis on
  131  reducing and eliminating contamination that presents a threat to
  132  humans, animals or plants, or to the environment.
  133         Section 3. Paragraph (d) of subsection (1) of section
  134  403.813, Florida Statutes, is amended to read:
  135         403.813 Permits issued at district centers; exceptions.—
  136         (1) A permit is not required under this chapter, chapter
  137  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  138  chapter 25270, 1949, Laws of Florida, for activities associated
  139  with the following types of projects; however, except as
  140  otherwise provided in this subsection, nothing in this
  141  subsection relieves an applicant from any requirement to obtain
  142  permission to use or occupy lands owned by the Board of Trustees
  143  of the Internal Improvement Trust Fund or any water management
  144  district in its governmental or proprietary capacity or from
  145  complying with applicable local pollution control programs
  146  authorized under this chapter or other requirements of county
  147  and municipal governments:
  148         (d) The replacement or repair of existing docks and piers,
  149  except that no fill material may not is to be used and provided
  150  that the replacement or repaired dock or pier must be is in the
  151  same location and of the same configuration and dimensions as
  152  the dock or pier being replaced or repaired. This does not
  153  preclude the use of different construction materials or minor
  154  deviations to allow upgrades to current structural and design
  155  standards.
  156         Section 4. This act shall take effect July 1, 2010.

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