January 27, 2021
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       CS for SB 1118                            Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20101118e2
       
    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; requiring the Office of
   23         Program Policy Analysis and Government Accountability
   24         to conduct a study and submit a report to the Board of
   25         Trustees of the Internal Improvement Trust Fund and
   26         the Legislature on the effects of regulation relating
   27         to submerged lands on private, residential multifamily
   28         docks or piers; providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (e) of subsection (3) of section
   33  258.42, Florida Statutes, is amended to read:
   34         258.42 Maintenance of preserves.—The Board of Trustees of
   35  the Internal Improvement Trust Fund shall maintain such aquatic
   36  preserves subject to the following provisions:
   37         (3)
   38         (e) There shall be no erection of Structures may not be
   39  erected within the preserve, except:
   40         1. Private residential docks may be approved for reasonable
   41  ingress or egress of riparian owners. Slips at private
   42  residential single-family docks which contain boat lifts or
   43  davits that do not float in the water when loaded may not, in
   44  whole or in part, be enclosed by walls, but may be roofed if the
   45  roof does not overhang more than 1 foot beyond the footprint of
   46  the lift and the boat stored at the lift. Such roofs are not
   47  included in the square-footage calculation of a terminal
   48  platform.
   49         2. Private residential multislip docks may be approved if
   50  located within a reasonable distance of a publicly maintained
   51  navigation channel, or a natural channel of adequate depth and
   52  width to allow operation of the watercraft for which the docking
   53  facility is designed without the craft having an adverse impact
   54  on marine resources. The distance shall be determined in
   55  accordance with criteria established by the trustees by rule,
   56  based on a consideration of the depth of the water, nature and
   57  condition of bottom, and presence of manatees.
   58         3. Commercial docking facilities shown to be consistent
   59  with the use or management criteria of the preserve may be
   60  approved if the facilities are located within a reasonable
   61  distance of a publicly maintained navigation channel, or a
   62  natural channel of adequate depth and width to allow operation
   63  of the watercraft for which the docking facility is designed
   64  without the craft having an adverse impact on marine resources.
   65  The distance shall be determined in accordance with criteria
   66  established by the trustees by rule, based on a consideration of
   67  the depth of the water, nature and condition of bottom, and
   68  presence of manatees.
   69         4. Structures for shore protection, including restoration
   70  of seawalls at their previous location or upland of or within 18
   71  inches waterward of their previous location, approved
   72  navigational aids, or public utility crossings authorized under
   73  paragraph (a) may be approved.
   74  
   75  A No structure under this paragraph or chapter 253 may not shall
   76  be prohibited solely because the local government fails to adopt
   77  a marina plan or other policies dealing with the siting of such
   78  structures in its local comprehensive plan.
   79         Section 2. Subsection (29) of section 403.061, Florida
   80  Statutes, is amended, present subsection (40) is renumbered as
   81  section (42), and new subsections (40) and (41) are added to
   82  that section, to read:
   83         403.061 Department; powers and duties.—The department shall
   84  have the power and the duty to control and prohibit pollution of
   85  air and water in accordance with the law and rules adopted and
   86  promulgated by it and, for this purpose, to:
   87         (29) Adopt by rule special criteria to protect Class II and
   88  Class III shellfish harvesting waters. Such rules may include
   89  special criteria for approving docking facilities that have 10
   90  or fewer slips if the construction and operation of such
   91  facilities will not result in the closure of shellfish waters.
   92  Rules previously adopted by the department in rule 17
   93  4.28(8)(a), Florida Administrative Code, are hereby ratified and
   94  determined to be a valid exercise of delegated legislative
   95  authority and shall remain in effect unless amended by the
   96  Environmental Regulation Commission.
   97         (40) Maintain a list of projects or activities, including
   98  mitigation banks, which applicants may consider when developing
   99  proposals in order to meet the mitigation or public interest
  100  requirements of this chapter, chapter 253, or chapter 373. The
  101  contents of such list are not a rule as defined in chapter 120,
  102  and listing a specific project or activity does not imply
  103  department approval for such project or activity. Each county
  104  government is encouraged to develop an inventory of projects or
  105  activities for inclusion on the list by obtaining input from
  106  local stakeholders in the public, private, and nonprofit
  107  sectors, including local governments, port authorities, marine
  108  contractors, other representatives of the marine construction
  109  industry, environmental or conservation organizations, and other
  110  interested parties. A county may establish dedicated trust funds
  111  for depositing public interest donations to be used for future
  112  public interest projects, including improving on-water law
  113  enforcement capabilities.
  114         (41) Expand the use of online self-certification and other
  115  forms of online authorization for appropriate exemptions,
  116  general permits, and individual permits by the department and
  117  the water management districts if such expansion is economically
  118  feasible. The department shall report on the progress of these
  119  activities to the President of the Senate, the Speaker of the
  120  House of Representatives, and the Legislative Committee on
  121  Intergovernmental Relations by February 15, 2011.
  122  Notwithstanding any other provision of law, a local government
  123  may not specify the method or form for documenting that a
  124  project meets the requirements for authorization under chapter
  125  161, chapter 253, chapter 373, or this chapter. This includes
  126  Internet-based department programs that provide for self
  127  certification.
  128  
  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. The Office of Program Policy Analysis and
  157  Government Accountability shall conduct a study and prepare a
  158  report on the effects of rules relating to the state’s sovereign
  159  submerged lands on private, multifamily residential dwellings.
  160  In conducting the study, the office shall solicit input and
  161  information from relevant stakeholders, including such homeowner
  162  organizations as the Florida Homeowners for Fair Treatment,
  163  Inc., and the Space Coast Condominiums Association. The scope of
  164  the study must include, but is not limited to, the practical
  165  implementation effects of rules adopted pursuant to s.
  166  253.03(11), ss. 253.67-253.75, and part II of chapter 258,
  167  Florida Statutes, on multifamily residential dwellings, the
  168  current sales tax being levied on the sale of boat slips
  169  associated with such dwellings, the basis of the 5-year renewal
  170  fee, and the annual income-reporting requirements for nonincome
  171  generating private, residential multifamily docks or piers. The
  172  report must be submitted to the Board of Trustees of the
  173  Internal Improvement Trust Fund, the President of the Senate,
  174  and the Speaker of the House of Representatives by October 1,
  175  2010.
  176         Section 5. This act shall take effect July 1, 2010.

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