January 27, 2021
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       2010 Legislature                   CS for SB 1118, 3rd Engrossed
    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.
   25  Be It Enacted by the Legislature of the State of Florida:
   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 lift and the boat stored at the lift. Such roofs are not
   42  included in the square-footage calculation of a terminal
   43  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 (42), and new subsections (40) and (41) are added to
   77  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 and
   83  Class III shellfish harvesting waters. Such rules may include
   84  special criteria for approving docking facilities that have 10
   85  or fewer slips if the construction and operation of such
   86  facilities will not result in the closure of shellfish waters.
   87  Rules previously adopted by the department in rule 17
   88  4.28(8)(a), Florida Administrative Code, are hereby ratified and
   89  determined to be a valid exercise of delegated legislative
   90  authority and shall remain in effect unless amended by the
   91  Environmental Regulation 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) Expand the use of online self-certification and other
  110  forms of online authorization for appropriate exemptions,
  111  general permits, and individual permits by the department and
  112  the water management districts if such expansion is economically
  113  feasible. The department shall report on the progress of these
  114  activities to the President of the Senate, the Speaker of the
  115  House of Representatives, and the Legislative Committee on
  116  Intergovernmental Relations by February 15, 2011.
  117  Notwithstanding any other provision of law, a local government
  118  may not specify the method or form for documenting that a
  119  project meets the requirements for authorization under chapter
  120  161, chapter 253, chapter 373, or this chapter. This includes
  121  Internet-based department programs that provide for self
  122  certification.
  124  The department shall implement such programs in conjunction with
  125  its other powers and duties and shall place special emphasis on
  126  reducing and eliminating contamination that presents a threat to
  127  humans, animals or plants, or to the environment.
  128         Section 3. Paragraph (d) of subsection (1) of section
  129  403.813, Florida Statutes, is amended to read:
  130         403.813 Permits issued at district centers; exceptions.—
  131         (1) A permit is not required under this chapter, chapter
  132  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  133  chapter 25270, 1949, Laws of Florida, for activities associated
  134  with the following types of projects; however, except as
  135  otherwise provided in this subsection, nothing in this
  136  subsection relieves an applicant from any requirement to obtain
  137  permission to use or occupy lands owned by the Board of Trustees
  138  of the Internal Improvement Trust Fund or any water management
  139  district in its governmental or proprietary capacity or from
  140  complying with applicable local pollution control programs
  141  authorized under this chapter or other requirements of county
  142  and municipal governments:
  143         (d) The replacement or repair of existing docks and piers,
  144  except that no fill material may not is to be used and provided
  145  that the replacement or repaired dock or pier must be is in the
  146  same location and of the same configuration and dimensions as
  147  the dock or pier being replaced or repaired. This does not
  148  preclude the use of different construction materials or minor
  149  deviations to allow upgrades to current structural and design
  150  standards.
  151         Section 4. This act shall take effect July 1, 2010.

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