HOUSE AMENDMENT
hbd-24 Bill No. HB 1491, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Machek offered the following:
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13 Amendment (with title amendment)
14 On page 9, between lines 5 and 6, of the bill
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16 insert:
17 Section 2. Paragraph (f) 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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File original & 9 copies 05/01/01
hbd0005 05:50 pm 01491-0078-801453
HOUSE AMENDMENT
hbd-24 Bill No. HB 1491, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (f) The performance of maintenance dredging of
2 existing manmade canals, channels, intake and discharge
3 structures, and previously dredged portions of natural water
4 bodies within drainage rights-of-way or drainage easements
5 which have been recorded in the public records of the county,
6 where the spoil material is to be removed and deposited on a
7 self-contained, upland spoil site which will prevent the
8 escape of the spoil material into the waters of the state,
9 provided that no more dredging is to be performed than is
10 necessary to restore the canals, channels, and intake and
11 discharge structures, and previously dredged portions of
12 natural water bodies, to original design specifications or
13 configurations, provided that the work is conducted in
14 compliance with s. 370.12(2)(d), provided that no significant
15 impacts occur to previously undisturbed natural areas, and
16 provided that control devices for return flow and best
17 management practices for erosion and sediment control are
18 utilized to prevent bank erosion and scouring and to prevent
19 turbidity, dredged material, and toxic or deleterious
20 substances from discharging into adjacent waters during
21 maintenance dredging. Further, for maintenance dredging of
22 previously dredged portions of natural water bodies within
23 recorded drainage rights-of-way or drainage easements, an
24 entity that seeks an exemption must notify the department or
25 water management district, as applicable, at least 30 days
26 prior to dredging and provide documentation of original design
27 specifications or configurations where such exist. This
28 exemption applies to all canals and previously dredged
29 portions of natural water bodies within recorded drainage
30 rights-of-way or drainage easements constructed prior to April
31 3, 1970, and to those canals and previously dredged portions
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File original & 9 copies 05/01/01
hbd0005 05:50 pm 01491-0078-801453
HOUSE AMENDMENT
hbd-24 Bill No. HB 1491, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 of natural water bodies constructed on or after April 3, 1970,
2 pursuant to all necessary state permits. This exemption does
3 not apply to the removal of a natural or manmade barrier
4 separating a canal or canal system from adjacent waters. When
5 no previous permit has been issued by the Board of Trustees of
6 the Internal Improvement Trust Fund or the United States Army
7 Corps of Engineers for construction or maintenance dredging of
8 the existing manmade canal or intake or discharge structure,
9 such maintenance dredging shall be limited to a depth of no
10 more than 5 feet below mean low water. The Board of Trustees
11 of the Internal Improvement Trust Fund may fix and recover
12 from the permittee an amount equal to the difference between
13 the fair market value and the actual cost of the maintenance
14 dredging for material removed during such maintenance
15 dredging. However, no charge shall be exacted by the state for
16 material removed during such maintenance dredging by a public
17 port authority. The removing party may subsequently sell such
18 material; however, proceeds from such sale that exceed the
19 costs of maintenance dredging shall be remitted to the state
20 and deposited in the Internal Improvement Trust Fund.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 On page 1, line 10,
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27 after the semicolon insert:
28 amending s. 403.813, F.S., relating to permits
29 issued at district centers;
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File original & 9 copies 05/01/01
hbd0005 05:50 pm 01491-0078-801453