SENATE AMENDMENT

    Bill No. CS for SB 2140, 1st Eng.

    Amendment No. ___

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11  Senator King moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 38, between lines 15 and 16,

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16  insert:

17         Section 29.  Paragraph (b) of subsection (2) of section

18  403.813, Florida Statutes, is amended to read:

19         403.813  Permits issued at district centers;

20  exceptions.--

21         (2)  No permit under this chapter, chapter 373, chapter

22  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

23  1949, Laws of Florida, shall be required for activities

24  associated with the following types of projects; however,

25  nothing in this subsection relieves an applicant from any

26  requirement to obtain permission to use or occupy lands owned

27  by the Board of Trustees of the Internal Improvement Trust

28  Fund or any water management district in its governmental or

29  proprietary capacity or from complying with applicable local

30  pollution control programs authorized under this chapter or

31  other requirements of county and municipal governments:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2140, 1st Eng.

    Amendment No. ___





  1         (b)  The installation and repair of mooring pilings and

  2  dolphins associated with private docking facilities or piers

  3  and the installation of private docks, piers and recreational

  4  docking facilities, or piers and recreational docking

  5  facilities of local governmental entities when the local

  6  governmental entity's activities will not take place in any

  7  manatee habitat, any of which docks:

  8         1.  Has 500 square feet or less of over-water surface

  9  area for a dock which is located in an area designated as

10  Outstanding Florida Waters or 1,000 square feet or less of

11  over-water surface area for a dock which is located in an area

12  which is not designated as Outstanding Florida Waters;

13         2.  Is constructed on or held in place by pilings or is

14  a floating dock which is constructed so as not to involve

15  filling or dredging other than that necessary to install the

16  pilings;

17         3.  Shall not substantially impede the flow of water or

18  create a navigational hazard;

19         4.  Is used for recreational, noncommercial activities

20  associated with the mooring or storage of boats and boat

21  paraphernalia; and

22         5.  Is the sole dock constructed pursuant to this

23  exemption as measured along the shoreline for a distance of 65

24  feet, unless the parcel of land or individual lot as platted

25  is less than 65 feet in length along the shoreline, in which

26  case there may be one exempt dock allowed per parcel or lot.

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28  Nothing in this paragraph shall prohibit the department from

29  taking appropriate enforcement action pursuant to this chapter

30  to abate or prohibit any activity otherwise exempt from

31  permitting pursuant to this paragraph if the department can

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2140, 1st Eng.

    Amendment No. ___





  1  demonstrate that the exempted activity has caused water

  2  pollution in violation of this chapter. With the exception of

  3  existing regulations governing dock structures in aquatic

  4  preserves or associated with undeveloped barrier islands or

  5  condominiums, neither the department nor the Board of Trustees

  6  of the Internal Improvement Trust Fund shall restrict the

  7  number of vessels moored at private, single-family docks

  8  exempted under this paragraph.

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10  (Redesignate subsequent sections.)

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13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 4, line 7, after the semicolon,

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17  insert:

18         amending s. 403.813, F.S.; prohibiting the

19         restriction of the number of vessels moored at

20         certain private, single-family docks;

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