Bill No. 0989
Amendment No. 598897
Senate House

1Representative Berfield offered the following:
3     Amendment (with title amendment)
4     Between lines 54 and 55, insert:
5     Section 2.  Paragraph (s) of subsection (2) of section
6403.813, Florida Statutes, is amended to read:
7     403.813  Permits issued at district centers; exceptions.--
8     (2)  A permit is not required under this chapter, chapter
9373, chapter 61-691, Laws of Florida, or chapter 25214 or
10chapter 25270, 1949, Laws of Florida, for activities associated
11with the following types of projects; however, except as
12otherwise provided in this subsection, nothing in this
13subsection relieves an applicant from any requirement to obtain
14permission to use or occupy lands owned by the Board of Trustees
15of the Internal Improvement Trust Fund or any water management
16district in its governmental or proprietary capacity or from
17complying with applicable local pollution control programs
18authorized under this chapter or other requirements of county
19and municipal governments:
20     (s)  The construction, installation, operation, or
21maintenance of floating vessel platforms or floating boat lifts,
22provided that such structures:
23     1.  Float at all times in the water for the sole purpose of
24supporting a vessel so that the vessel is out of the water when
25not in use;
26     2.  Are wholly contained within a boat slip previously
27permitted under ss. 403.91-403.929, 1984 Supplement to the
28Florida Statutes 1983, as amended, or part IV of chapter 373;
29are, or, when associated with a dock that is exempt under this
30subsection or a permitted dock with no defined boat slip and, do
31not exceed a combined total of 500 square feet, or 200 square
32feet in an Outstanding Florida Water; or are attached to a
33bulkhead on a parcel of land where there is no other docking
34structure and do not exceed a combined total of 1,000 square
35feet outside of Outstanding Florida Waters, 500 square feet
36within an Outstanding Florida Water that is not an aquatic
37preserve, or 200 square feet within an aquatic preserve;
38     3.  Are not used for any commercial purpose or for mooring
39vessels that remain in the water when not in use, and do not
40substantially impede the flow of water, create a navigational
41hazard, or unreasonably infringe upon the riparian rights of
42adjacent property owners, as defined in s. 253.141;
43     4.  Are constructed and used so as to minimize adverse
44impacts to submerged lands, wetlands, shellfish areas, aquatic
45plant and animal species, and other biological communities,
46including locating such structures in areas where no seagrasses
47are least dense exist if such areas are present adjacent to the
48dock or bulkhead; and
49     5.  Are not constructed in areas specifically prohibited
50for boat mooring under conditions of a permit issued in
51accordance with ss. 403.91-403.929, 1984 Supplement to the
52Florida Statutes 1983, as amended, or part IV of chapter 373, or
53other form of authorization issued by a local government.
55Structures that qualify for this exemption are relieved from any
56requirement to obtain permission to use or occupy lands owned by
57the Board of Trustees of the Internal Improvement Trust Fund and
58shall not be subject to any permitting requirement, registration
59requirement, or other more stringent regulation by any local
60government. The exemption provided in this paragraph shall be in
61addition to the exemption provided in paragraph (b). By January
621, 2006 2003, the department shall adopt a general permit by
63rule for the construction, installation, operation, or
64maintenance of those floating vessel platforms or floating boat
65lifts that do not qualify for the exemption provided in this
66paragraph but do not cause significant adverse impacts to occur
67individually or cumulatively. The issuance of such general
68permit shall also constitute permission to use or occupy lands
69owned by the Board of Trustees of the Internal Improvement Trust
70Fund. Structures that qualify for Upon the adoption of the rule
71creating such general permit shall not be subject to any
72permitting requirement, registration requirement, or other more
73stringent regulation by any, no local government shall impose a
74more stringent regulation on floating vessel platforms or
75floating boat lifts covered by such general permit.
77================ T I T L E  A M E N D M E N T =============
78     Remove line 16 and insert:
79future facility owners; amending s. 403.813, F.S.;
80clarifying the effect of the existing exemption for
81floating vessel platforms or floating boat lifts;
82providing an effective date.

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

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