CS/CS/HB 1239

1	A bill to be entitled
2	An act relating to docks; amending s. 258.42, F.S.;
3	authorizing the placement of roofs on certain residential
4	single-family docks; amending s. 403.061, F.S.;
5	authorizing the Department of Environmental Protection to
6	adopt rules that include special criteria for approving
7	certain docking facilities in shellfish harvesting waters;
8	deleting an obsolete provision; authorizing the department
9	to maintain a list of projects or activities for
10	applicants to consider when developing proposals in order
11	to meet mitigation or public interest requirements;
12	authorizing the department to expand online self-
13	certification and authorization for certain exemptions,
14	general permits, and individual permits; requiring the
15	department to provide a report to the Legislature and the
16	Legislative Committee on Intergovernmental Relations by a
17	specified date; prohibiting local governments from
18	specifying the method or form for documenting that a
19	project meets specified requirements; amending s. 403.813,
20	F.S.; clarifying provisions relating to permits issued at
21	district centers to authorize the use of different
22	construction materials or minor deviations when replacing
23	or repairing docks and piers; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (e) of subsection (3) of section
28	258.42, Florida Statutes, is amended to read:
29	258.42  Maintenance of preserves.-The Board of Trustees of
30	the Internal Improvement Trust Fund shall maintain such aquatic
31	preserves subject to the following provisions:
32	(3)
33	(e)  There shall be no erection of Structures may not be
34	erected within the preserve, except:
35	1.  Private residential docks may be approved for
36	reasonable ingress or egress of riparian owners. Slips at
37	private residential single-family docks that contain boat lifts
38	or davits that do not float in the water when loaded may not, in
39	whole or in part, be enclosed by walls, but may be roofed if the
40	roof does not overhang more than 1 foot beyond the footprint of
41	the boat stored at the lift. Such roofs are not included in the
42	square-footage calculation of a terminal platform.
43	2.  Private residential multislip docks may be approved if
44	located within a reasonable distance of a publicly maintained
45	navigation channel, or a natural channel of adequate depth and
46	width to allow operation of the watercraft for which the docking
47	facility is designed without the craft having an adverse impact
48	on marine resources. The distance shall be determined in
49	accordance with criteria established by the trustees by rule,
50	based on a consideration of the depth of the water, nature and
51	condition of bottom, and presence of manatees.
52	3.  Commercial docking facilities shown to be consistent
53	with the use or management criteria of the preserve may be
54	approved if the facilities are located within a reasonable
55	distance of a publicly maintained navigation channel, or a
56	natural channel of adequate depth and width to allow operation
57	of the watercraft for which the docking facility is designed
58	without the craft having an adverse impact on marine resources.
59	The distance shall be determined in accordance with criteria
60	established by the trustees by rule, based on a consideration of
61	the depth of the water, nature and condition of bottom, and
62	presence of manatees.
63	4.  Structures for shore protection, including restoration
64	of seawalls at their previous location or upland of or within 18
65	inches waterward of their previous location, approved
66	navigational aids, or public utility crossings authorized under
67	paragraph (a) may be approved.
68
69	A No structure under this paragraph or chapter 253 may not shall
70	be prohibited solely because the local government fails to adopt
71	a marina plan or other policies dealing with the siting of such
72	structures in its local comprehensive plan.
73	Section 2.  Subsection (29) of section 403.061, Florida
74	Statutes, is amended, present subsection (40) is renumbered as
75	subsection (42), and new subsections (40) and (41) are added to
76	that section, to read:
77	403.061  Department; powers and duties.-The department
78	shall have the power and the duty to control and prohibit
79	pollution of air and water in accordance with the law and rules
80	adopted and promulgated by it and, for this purpose, to:
81	(29)  Adopt by rule special criteria to protect Class II
82	and Class III shellfish harvesting waters. Such rules may
83	include special criteria for approving docking facilities that
84	have 10 or fewer slips if the construction and operation of such
85	facilities will not result in the closure of shellfish waters.
86	Rules previously adopted by the department in rule 17-
87	4.28(8)(a), Florida Administrative Code, are hereby ratified and
88	determined to be a valid exercise of delegated legislative
89	authority and shall remain in effect unless amended by the
90	Environmental Regulation Commission.
91	(40)  Maintain a list of projects or activities, including
92	mitigation banks, which applicants may consider when developing
93	proposals in order to meet the mitigation or public interest
94	requirements of this chapter, chapter 253, or chapter 373. The
95	contents of such list are not a rule as defined in chapter 120,
96	and listing a specific project or activity does not imply
97	department approval for such project or activity. Each county
98	government is encouraged to develop an inventory of projects or
99	activities for inclusion on the list by obtaining input from
100	local stakeholders in the public, private, and nonprofit
101	sectors, including local governments, port authorities, marine
102	contractors, other representatives of the marine construction
103	industry, environmental or conservation organizations, and other
104	interested parties. A county may establish dedicated trust funds
105	for depositing public interest donations to be used for future
106	public interest projects, including improving on-water law
107	enforcement capabilities.
108	(41)  Expand the use of online self-certification and other
109	forms of online authorization for appropriate exemptions,
110	general permits, and individual permits issued by the department
111	and the water management districts if such expansion is
112	economically feasible. The department shall provide a report on
113	the progress of these activities to the President of the Senate,
114	the Speaker of the House of Representatives, and the Legislative
115	Committee on Intergovernmental Relations by February 15, 2011.
116	Notwithstanding any other provision of law, a local government
117	may not specify the method or form for documenting that a
118	project meets the requirements for authorization under chapter
119	161, chapter 253, chapter 373, or this chapter. This includes
120	Internet-based department programs that provide for self-
121	certification.
122
123	The department shall implement such programs in conjunction with
124	its other powers and duties and shall place special emphasis on
125	reducing and eliminating contamination that presents a threat to
126	humans, animals or plants, or to the environment.
127	Section 3.  Paragraph (d) of subsection (1) of section
128	403.813, Florida Statutes, is amended to read:
129	403.813  Permits issued at district centers; exceptions.-
130	(1)  A permit is not required under this chapter, chapter
131	373, chapter 61-691, Laws of Florida, or chapter 25214 or
132	chapter 25270, 1949, Laws of Florida, for activities associated
133	with the following types of projects; however, except as
134	otherwise provided in this subsection, nothing in this
135	subsection relieves an applicant from any requirement to obtain
136	permission to use or occupy lands owned by the Board of Trustees
137	of the Internal Improvement Trust Fund or any water management
138	district in its governmental or proprietary capacity or from
139	complying with applicable local pollution control programs
140	authorized under this chapter or other requirements of county
141	and municipal governments:
142	(d)  The replacement or repair of existing docks and piers,
143	except that no fill material may not is to be used and provided
144	that the replacement or repaired dock or pier must be is in the
145	same location and of the same configuration and dimensions as
146	the dock or pier being replaced or repaired. This does not
147	preclude the use of different construction materials or minor
148	deviations to allow upgrades to current structural and design
149	standards.
150	Section 4.  This act shall take effect July 1, 2010.

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