| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public marinas and boat ramps; amending |
| 7 | s. 373.118, F.S.; directing the Department of |
| 8 | Environmental Protection to adopt by rule one or more |
| 9 | general permits for local governments to construct, |
| 10 | operate, and maintain public marinas and boat ramps; |
| 11 | exempting certain facilities from development-of-regional- |
| 12 | impact review; defining the term "public"; providing for |
| 13 | the use of submerged lands; providing for regulatory |
| 14 | criteria; requiring the conditions of such permits to be |
| 15 | effective for the life of the facility and binding on |
| 16 | future facility owners; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (5) is added to section 373.118, |
| 21 | Florida Statutes, to read: |
| 22 | 373.118 General permits.-- |
| 23 | (5) The department shall adopt by rule one or more general |
| 24 | permits for local governments to construct, operate, and |
| 25 | maintain public marina facilities and public boat ramps, |
| 26 | including associated courtesy docks and associated parking |
| 27 | facilities located in uplands. Such general permits adopted by |
| 28 | rule shall include provisions to ensure compliance with |
| 29 | subsection (1), part IV of this chapter, and the criteria |
| 30 | necessary to include the general permits in a state programmatic |
| 31 | general permit issued by the United States Army Corps of |
| 32 | Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92- |
| 33 | 500, as amended, 33 U.S.C. ss. 1251 et seq. A facility |
| 34 | authorized under such general permits is exempt from review as a |
| 35 | development of regional impact if the facility complies with the |
| 36 | comprehensive plan of the applicable local government. As used |
| 37 | in this subsection, the term "public" means the marina or ramp |
| 38 | is open to the public on a first-come, first-served basis with |
| 39 | slip rental terms not to exceed 1 year. Such facilities shall be |
| 40 | consistent with the local government manatee protection plan |
| 41 | required pursuant to chapter 370 and shall obtain Clean Marina |
| 42 | Program status prior to opening for operation and maintain that |
| 43 | status for the life of the facility. Marinas authorized under |
| 44 | any such general permits shall not exceed an area of 50,000 |
| 45 | square feet over wetlands and other surface waters and shall |
| 46 | accommodate an average vessel length not to exceed 45 feet or |
| 47 | vessels whose size range reflects that of vessels registered in |
| 48 | the jurisdiction of the local government. Boat ramps authorized |
| 49 | under any such general permits shall be limited to ramps |
| 50 | associated with a parking facility designed to accommodate no |
| 51 | more than 100 vehicles with trailers. All conditions of general |
| 52 | permits adopted pursuant to this subsection shall remain in |
| 53 | effect for the life of the facility and shall be binding on any |
| 54 | future owners of the facility. |
| 55 | Section 2. This act shall take effect July 1, 2005. |