January 27, 2021
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       Florida Senate - 2010                             CS for SB 1118
       
       
       
       By the Committee on Community Affairs; and Senators Altman and
       Fasano
       
       
       
       578-03156-10                                          20101118c1
    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; directing
   13         the department to expand online self-certification for
   14         certain exemptions and general permits and to report
   15         on such activities to the Legislature; prohibiting
   16         local governments from specifying the method or form
   17         for documenting that a project meets specified
   18         requirements; amending s. 403.813, F.S.; clarifying
   19         provisions relating to permits issued at district
   20         centers to authorize the use of different construction
   21         materials or minor deviations when replacing or
   22         repairing docks and piers; providing an effective
   23         date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (e) of subsection (3) of section
   28  258.42, Florida Statutes, is amended to read:
   29         258.42 Maintenance of preserves.—The Board of Trustees of
   30  the Internal Improvement Trust Fund shall maintain such aquatic
   31  preserves subject to the following provisions:
   32         (3)
   33         (e) There shall be no erection of Structures may not be
   34  erected within the preserve, except:
   35         1. Private residential docks may be approved for reasonable
   36  ingress or egress of riparian owners. Slips at private
   37  residential single-family docks which contain boat lifts or
   38  davits that do not float in the water when loaded may not, in
   39  whole or in part, be enclosed by walls, but may be roofed if the
   40  roof does not overhang more than 1 foot beyond the footprint of
   41  the boat stored at the lift. Such roofs are not included in the
   42  square-footage calculation of a terminal platform.
   43         2. Private residential multislip docks may be approved if
   44  located within a reasonable distance of a publicly maintained
   45  navigation channel, or a natural channel of adequate depth and
   46  width to allow operation of the watercraft for which the docking
   47  facility is designed without the craft having an adverse impact
   48  on marine resources. The distance shall be determined in
   49  accordance with criteria established by the trustees by rule,
   50  based on a consideration of the depth of the water, nature and
   51  condition of bottom, and presence of manatees.
   52         3. Commercial docking facilities shown to be consistent
   53  with the use or management criteria of the preserve may be
   54  approved if the facilities are located within a reasonable
   55  distance of a publicly maintained navigation channel, or a
   56  natural channel of adequate depth and width to allow operation
   57  of the watercraft for which the docking facility is designed
   58  without the craft having an adverse impact on marine resources.
   59  The distance shall be determined in accordance with criteria
   60  established by the trustees by rule, based on a consideration of
   61  the depth of the water, nature and condition of bottom, and
   62  presence of manatees.
   63         4. Structures for shore protection, including restoration
   64  of seawalls at their previous location or upland of or within 18
   65  inches waterward of their previous location, approved
   66  navigational aids, or public utility crossings authorized under
   67  paragraph (a) may be approved.
   68  
   69  A No structure under this paragraph or chapter 253 may not shall
   70  be prohibited solely because the local government fails to adopt
   71  a marina plan or other policies dealing with the siting of such
   72  structures in its local comprehensive plan.
   73         Section 2. Subsection (29) of section 403.061, Florida
   74  Statutes, is amended, present subsection (40) is renumbered as
   75  section (42), and new subsections (40) and (41) are added to
   76  that section, to read:
   77         403.061 Department; powers and duties.—The department shall
   78  have the power and the duty to control and prohibit pollution of
   79  air and water in accordance with the law and rules adopted and
   80  promulgated by it and, for this purpose, to:
   81         (29) Adopt by rule special criteria to protect Class II and
   82  Class III shellfish harvesting waters. Such rules may include
   83  special criteria for approving docking facilities that have 10
   84  or fewer slips if the construction and operation of such
   85  facilities will not result in the closure of shellfish waters.
   86  Rules previously adopted by the department in rule 17
   87  4.28(8)(a), Florida Administrative Code, are hereby ratified and
   88  determined to be a valid exercise of delegated legislative
   89  authority and shall remain in effect unless amended by the
   90  Environmental Regulation Commission.
   91         (40) Maintain a list of projects or activities, including
   92  mitigation banks, which applicants may consider when developing
   93  proposals in order to meet the mitigation or public interest
   94  requirements of this chapter, chapter 253, or chapter 373. The
   95  contents of such list are not a rule as defined in chapter 120,
   96  and listing a specific project or activity does not imply
   97  department approval for such project or activity. Each county
   98  government is encouraged to develop an inventory of projects or
   99  activities for inclusion on the list by obtaining input from
  100  local stakeholders in the public, private, and nonprofit
  101  sectors, including local governments, port authorities, marine
  102  contractors, other representatives of the marine construction
  103  industry, environmental or conservation organizations, and other
  104  interested parties. A county may establish dedicated trust funds
  105  for depositing public interest donations to be used for future
  106  public interest projects, including improving on-water law
  107  enforcement capabilities.
  108         (41) Expand the use of online self-certification and other
  109  forms of online authorization for appropriate exemptions,
  110  general permits, and individual permits by the department and
  111  the water management districts if such expansion is economically
  112  feasible. The department shall report on the progress of these
  113  activities to the President of the Senate, the Speaker of the
  114  House of Representatives, and the Legislative Committee on
  115  Intergovernmental Relations by February 15, 2011.
  116  Notwithstanding any other provision of law, a local government
  117  may not specify the method or form for documenting that a
  118  project meets the requirements for authorization under chapter
  119  161, chapter 253, chapter 373, or this chapter. This includes
  120  Internet-based department programs that provide for self
  121  certification.
  122  
  123  The department shall implement such programs in conjunction with
  124  its other powers and duties and shall place special emphasis on
  125  reducing and eliminating contamination that presents a threat to
  126  humans, animals or plants, or to the environment.
  127         Section 3. Paragraph (d) of subsection (1) of section
  128  403.813, Florida Statutes, is amended to read:
  129         403.813 Permits issued at district centers; exceptions.—
  130         (1) A permit is not required under this chapter, chapter
  131  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  132  chapter 25270, 1949, Laws of Florida, for activities associated
  133  with the following types of projects; however, except as
  134  otherwise provided in this subsection, nothing in this
  135  subsection relieves an applicant from any requirement to obtain
  136  permission to use or occupy lands owned by the Board of Trustees
  137  of the Internal Improvement Trust Fund or any water management
  138  district in its governmental or proprietary capacity or from
  139  complying with applicable local pollution control programs
  140  authorized under this chapter or other requirements of county
  141  and municipal governments:
  142         (d) The replacement or repair of existing docks and piers,
  143  except that no fill material may not is to be used and provided
  144  that the replacement or repaired dock or pier must be is in the
  145  same location and of the same configuration and dimensions as
  146  the dock or pier being replaced or repaired. This does not
  147  preclude the use of different construction materials or minor
  148  deviations to allow upgrades to current structural and design
  149  standards.
  150         Section 4. This act shall take effect July 1, 2010.

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