Florida Senate - 2021                                     SB 994
       By Senator Brodeur
       9-01350-21                                             2021994__
    1                        A bill to be entitled                      
    2         An act relating to private docks; amending s. 403.803,
    3         F.S.; defining the term “private residential multi
    4         family dock or pier”; amending s. 403.813, F.S.;
    5         providing that permits are not needed for the
    6         installation or construction of private residential
    7         multi-family docks or piers; amending s. 403.814,
    8         F.S.; authorizing general permits for the
    9         construction, alteration, and maintenance of private
   10         residential multi-family docks or piers; providing
   11         that such docks and piers are not considered
   12         commercial; providing construction; amending s.
   13         376.302, F.S.; conforming a cross-reference; providing
   14         an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsections (12), (13), and (14) of
   19  section 403.803, Florida Statutes, are redesignated as
   20  subsections (13), (14), and (15), respectively, and a new
   21  subsection (12) is added to that section, to read:
   22         403.803 Definitions.—When used in this act, the term,
   23  phrase, or word:
   24         (12) “Private residential multi-family dock or pier” means
   25  a dock or other fixed or floating structure extending from land
   26  out over water that is intended to be used for private
   27  recreational or leisure purposes that are not revenue-generating
   28  by persons or groups of persons with real property interest in a
   29  multi-family residential development.
   30         Section 2. Paragraphs (b) and (i) of subsection (1) of
   31  section 403.813, Florida Statutes, are amended to read:
   32         403.813 Permits issued at district centers; exceptions.—
   33         (1) A permit is not required under this chapter, chapter
   34  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   35  chapter 25270, 1949, Laws of Florida, and a local government may
   36  not require a person claiming this exception to provide further
   37  department verification, for activities associated with the
   38  following types of projects; however, except as otherwise
   39  provided in this subsection, this subsection does not relieve an
   40  applicant from any requirement to obtain permission to use or
   41  occupy lands owned by the Board of Trustees of the Internal
   42  Improvement Trust Fund or a water management district in its
   43  governmental or proprietary capacity or from complying with
   44  applicable local pollution control programs authorized under
   45  this chapter or other requirements of county and municipal
   46  governments:
   47         (b) The installation and repair of mooring pilings and
   48  dolphins associated with private docking facilities or piers and
   49  the installation of private docks, including private residential
   50  multi-family docks or piers as defined in s. 403.803, piers, and
   51  recreational docking facilities, or piers and recreational
   52  docking facilities of local governmental entities when the local
   53  governmental entity’s activities will not take place in any
   54  manatee habitat, any of which docks:
   55         1. Has 500 square feet or less of over-water surface area
   56  for a dock located in an area designated as Outstanding Florida
   57  Waters or 1,000 square feet or less of over-water surface area
   58  for a dock located in an area that is not designated as
   59  Outstanding Florida Waters;
   60         2. Is constructed on or held in place by pilings or is a
   61  floating dock constructed so as not to involve filling or
   62  dredging other than that necessary to install the pilings;
   63         3. May not substantially impede the flow of water or create
   64  a navigational hazard;
   65         4. Is used for recreational, noncommercial activities
   66  associated with the mooring or storage of boats and boat
   67  paraphernalia; and
   68         5. Is the sole dock constructed pursuant to this exemption
   69  as measured along the shoreline for a distance of 65 feet,
   70  unless the parcel of land or individual lot as platted is less
   71  than 65 feet in length along the shoreline, in which case one
   72  exempt dock may be allowed per parcel or lot.
   74  This paragraph does not prohibit the department from taking
   75  appropriate enforcement action pursuant to this chapter to abate
   76  or prohibit any activity otherwise exempt from permitting
   77  pursuant to this paragraph if the department can demonstrate
   78  that the exempted activity has caused water pollution in
   79  violation of this chapter.
   80         (i) The construction of private docks, including private
   81  residential multi-family docks or piers as defined in s.
   82  403.803, of 1,000 square feet or less of over-water surface area
   83  and seawalls in artificially created waterways when such
   84  construction will not violate existing water quality standards,
   85  impede navigation, or affect flood control. This exemption does
   86  not apply to the construction of vertical seawalls in estuaries
   87  or lagoons unless the proposed construction is within an
   88  existing manmade canal where the shoreline is currently occupied
   89  in whole or part by vertical seawalls.
   90         Section 3. Subsection (13) is added to section 403.814,
   91  Florida Statutes, to read:
   92         403.814 General permits; delegation.—
   93         (13)(a)A general permit may be granted for the
   94  construction, alteration, and maintenance of a private
   95  residential multi-family dock or pier as defined in s. 403.803
   96  if the project complies with applicable law and department rule.
   97  A private residential multi-family dock or pier is not
   98  considered commercial.
   99         (b) This subsection may not be construed to prohibit the
  100  granting of a general permit for other docks eligible for such
  101  permits under applicable laws and department rule.
  102         Section 4. Paragraph (a) of subsection (1) of section
  103  376.302, Florida Statutes, is amended to read:
  104         376.302 Prohibited acts; penalties.—
  105         (1) It shall be a violation of this chapter and it shall be
  106  prohibited for any reason:
  107         (a) To discharge pollutants or hazardous substances into or
  108  upon the surface or ground waters of the state or lands, which
  109  discharge violates any departmental “standard” as defined in s.
  110  403.803(14) s. 403.803(13).
  111         Section 5. This act shall take effect July 1, 2021.