Senate Bill sb0510
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Florida Senate - 2002 SB 510
By Senator Brown-Waite
10-275-02
1 A bill to be entitled
2 An act relating to environmental regulation;
3 amending s. 403.813, F.S.; providing for an
4 exemption from permitting requirements for
5 specified types of floating vessel platforms or
6 floating boat lifts; providing an effective
7 date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Paragraph (s) is added to subsection (2) of
12 section 403.813, Florida Statutes, to read:
13 403.813 Permits issued at district centers;
14 exceptions.--
15 (2) No permit under this chapter, chapter 373, chapter
16 61-691, Laws of Florida, or chapter 25214 or chapter 25270,
17 1949, Laws of Florida, shall be required for activities
18 associated with the following types of projects; however,
19 except as otherwise provided in this subsection, nothing in
20 this subsection relieves an applicant from any requirement to
21 obtain permission to use or occupy lands owned by the Board of
22 Trustees of the Internal Improvement Trust Fund or any water
23 management district in its governmental or proprietary
24 capacity or from complying with applicable local pollution
25 control programs authorized under this chapter or other
26 requirements of county and municipal governments:
27 (s) Floating vessel platforms or floating boat lifts
28 if such structures:
29 1. Float at all times in the water for the sole
30 purpose of supporting a vessel so that the vessel is out of
31 the water when not in use;
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Florida Senate - 2002 SB 510
10-275-02
1 2. Are wholly contained within a boat slip previously
2 permitted under ss. 403.91-403.929, 1984 Supplement to the
3 Florida Statutes 1983, as amended, or Part IV of chapter 373,
4 or, when associated with a dock that is exempt under this
5 subsection or a permitted dock with no defined boat slip, do
6 not exceed a combined total of 500 square feet, or 200 square
7 feet in an Outstanding Florida Water;
8 3. Are not used for any commercial purpose or for
9 mooring vessels that remain in the water when not in use, and
10 do not substantially impede the flow of water, create a
11 navigational hazard, or unreasonably infringe upon the
12 riparian rights of adjacent property owners, as defined in s.
13 253.141;
14 4. Are constructed and used so as to minimize adverse
15 impacts to submerged lands, wetlands, shellfish areas, aquatic
16 plant and animal species, and other biological communities,
17 including locating such structures in areas where no
18 seagrasses exist if such areas are present adjacent to the
19 dock; and
20 5. Are not constructed in areas specifically
21 prohibited for boat mooring under conditions of a permit
22 issued in accordance with ss. 403.91-403.929, 1984 Supplement
23 to the Florida Statutes 1983, as amended, or Part IV of
24 Chapter 373, or other form of authorization issued by a local
25 government.
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27 Structures that qualify for this exemption are relieved from
28 any requirement to obtain permission to use or occupy lands
29 owned by the Board of Trustees of the Internal Improvement
30 Trust Fund and are not subject to any more stringent
31 regulation by any local government. The exemption provided in
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Florida Senate - 2002 SB 510
10-275-02
1 this paragraph is in addition to the exemption provided in
2 paragraph (b). By January 1, 2003, the department shall adopt
3 a general permit by rule for those floating vessel platforms
4 that do not qualify for the exemptions provided in this
5 paragraph, but do not cause significant adverse impacts to
6 occur individually or cumulatively. The issuance of a general
7 permit also constitutes permission to use or occupy lands
8 owned by the Board of Trustees of the Internal Improvement
9 Trust Fund. Upon the adoption of the rule creating the general
10 permit, a local government may not impose a more stringent
11 regulation on floating vessel platforms covered by the general
12 permit.
13 Section 2. This act shall take effect upon becoming a
14 law.
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17 SENATE SUMMARY
18 Provides an exemption from environmental permitting
requirements for specified floating vessel platforms or
19 floating boat lifts.
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CODING: Words stricken are deletions; words underlined are additions.