Florida Senate - 2022 CS for SB 198 By the Committee on Environment and Natural Resources; and Senator Rodriguez 592-02072-22 2022198c1 1 A bill to be entitled 2 An act relating to water resources management; 3 amending s. 253.03, F.S.; authorizing the Board of 4 Trustees of the Internal Improvement Trust Fund to 5 grant easements on sovereignty submerged lands for 6 specified mitigation banks under certain conditions; 7 providing construction; requiring the Department of 8 Environmental Protection to adopt and modify specified 9 rules; providing requirements for such rulemaking; 10 requiring the department, in consultation with the 11 water management districts, to include such rulemaking 12 in any active rulemaking process or to complete such 13 rule development within a specified timeframe; 14 amending s. 403.813, F.S.; exempting certain docks on 15 recorded easements from certain permit and 16 verification requirements; requiring authorization for 17 certain docks to use submerged lands upon approval of 18 the board; providing that the compliance of certain 19 structures associated with a dock on a parcel of land 20 with certain provisions creates a presumption of 21 compliance with certain environmental impact 22 requirements; removing provisions authorizing local 23 governments to require permits for certain floating 24 vessel platforms; revising the purposes for which 25 local governments may require one-time registration of 26 such platforms; defining the term local government; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Subsection (17) is added to section 253.03, 32 Florida Statutes, to read: 33 253.03Board of trustees to administer state lands; lands 34 enumerated. 35 (17)The board of trustees may grant easements on 36 sovereignty submerged lands for mitigation banks that are 37 permitted under s. 373.4136 to ensure the protection and 38 restoration of natural resources and to offset the unavoidable 39 impacts of projects when mitigation banks meet the public 40 interest criteria under this chapter and chapter 258. This 41 subsection does not prohibit mitigation to offset impacts to 42 seagrass or other habitats on sovereignty submerged lands, upon 43 meeting the public interest criteria under this chapter and 44 chapter 258. 45 Section 2.The Department of Environmental Protection shall 46 adopt and modify rules adopted pursuant to ss. 373.4136 and 47 373.414, Florida Statutes, to ensure that required financial 48 assurances are equivalent and sufficient to provide for the 49 long-term management of mitigation permitted under ss. 373.4136 50 and 373.414, Florida Statutes. The department, in consultation 51 with the water management districts, shall include the 52 rulemaking required by this section in existing active 53 rulemaking, or shall complete rule development by June 30, 2023. 54 Section 3.Paragraphs (b) and (s) of subsection (1) of 55 section 403.813, Florida Statutes, are amended to read: 56 403.813Permits issued at district centers; exceptions. 57 (1)A permit is not required under this chapter, chapter 58 373, chapter 61-691, Laws of Florida, or chapter 25214 or 59 chapter 25270, 1949, Laws of Florida, and a local government may 60 not require a person claiming this exception to provide further 61 department verification, for activities associated with the 62 following types of projects; however, except as otherwise 63 provided in this subsection, this subsection does not relieve an 64 applicant from any requirement to obtain permission to use or 65 occupy lands owned by the Board of Trustees of the Internal 66 Improvement Trust Fund or a water management district in its 67 governmental or proprietary capacity or from complying with 68 applicable local pollution control programs authorized under 69 this chapter or other requirements of county and municipal 70 governments: 71 (b)The installation and repair of mooring pilings and 72 dolphins associated with private docking facilities or piers and 73 the installation of private docks, piers, and recreational 74 docking facilities, or piers and recreational docking facilities 75 of local governmental entities when the local governmental 76 entitys activities will not take place in any manatee habitat, 77 any of which docks: 78 1.Has 500 square feet or less of over-water surface area 79 for a dock located in an area designated as Outstanding Florida 80 Waters or 1,000 square feet or less of over-water surface area 81 for a dock located in an area that is not designated as 82 Outstanding Florida Waters; 83 2.Is constructed on or held in place by pilings or is a 84 floating dock constructed so as not to involve filling or 85 dredging other than that necessary to install the pilings; 86 3.May not substantially impede the flow of water or create 87 a navigational hazard; 88 4.Is used for recreational, noncommercial activities 89 associated with the mooring or storage of boats and boat 90 paraphernalia; and 91 5.Is the sole dock constructed pursuant to this exemption 92 as measured along the shoreline for a distance of 65 feet, 93 unless the parcel of land, recorded easement, or individual lot 94 as platted is less than 65 feet in length along the shoreline, 95 in which case one exempt dock may be allowed per parcel, 96 easement, or lot. Such docks shall be granted authorization for 97 the use of submerged lands upon approval by the Board of 98 Trustees of the Internal Improvement Trust Fund. 99 100 This paragraph does not prohibit the department from taking 101 appropriate enforcement action pursuant to this chapter to abate 102 or prohibit any activity otherwise exempt from permitting 103 pursuant to this paragraph if the department can demonstrate 104 that the exempted activity has caused water pollution in 105 violation of this chapter. 106 (s)The construction, installation, operation, or 107 maintenance of floating vessel platforms or floating boat lifts, 108 provided that such structures: 109 1.Float at all times in the water for the sole purpose of 110 supporting a vessel so that the vessel is out of the water when 111 not in use; 112 2.Are wholly contained within a boat slip previously 113 permitted under ss. 403.91-403.929, 1984 Supplement to the 114 Florida Statutes 1983, as amended, or part IV of chapter 373, or 115 do not exceed a combined total of 500 square feet, or 200 square 116 feet in an Outstanding Florida Water, when associated with a 117 dock that is exempt under this subsection or associated with a 118 permitted dock with no defined boat slip or attached to a 119 bulkhead on a parcel of land where there is no other docking 120 structure; 121 3.Are not used for any commercial purpose or for mooring 122 vessels that remain in the water when not in use, and do not 123 substantially impede the flow of water, create a navigational 124 hazard, or unreasonably infringe upon the riparian rights of 125 adjacent property owners, as defined in s. 253.141; 126 4.Are constructed and used so as to minimize adverse 127 impacts to submerged lands, wetlands, shellfish areas, aquatic 128 plant and animal species, and other biological communities, 129 including locating such structures in areas where seagrasses are 130 least dense adjacent to the dock or bulkhead; and 131 5.Are not constructed in areas specifically prohibited for 132 boat mooring under conditions of a permit issued in accordance 133 with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 134 1983, as amended, or part IV of chapter 373, or other form of 135 authorization issued by a local government. 136 137 Structures that qualify for this exemption are relieved from any 138 requirement to obtain permission to use or occupy lands owned by 139 the Board of Trustees of the Internal Improvement Trust Fund 140 and, with the exception of those structures attached to a 141 bulkhead on a parcel of land where there is no docking 142 structure, are may not be subject to any more stringent 143 permitting requirements, registration requirements, or other 144 regulation by any local government. Structures associated with a 145 dock on a parcel of land under subparagraph 2. which comply with 146 this paragraph create a presumption of compliance with any 147 requirement to minimize adverse environmental impacts. A local 148 government governments may require a permit either permitting or 149 one-time registration of floating vessel platforms to be 150 attached to a bulkhead on a parcel of land where there is no 151 other docking structure as necessary to ensure compliance with 152 local ordinances, codes, or regulations. A local government 153 governments may require a either permitting or one-time 154 registration of all other floating vessel platforms only as 155 necessary to ensure compliance with the exemption criteria in 156 this section; or to ensure compliance with local electrical or 157 plumbing ordinances, codes that, or regulations relating to 158 building or zoning, which are no more stringent than the 159 exemption criteria in this section or address subjects other 160 than subjects addressed by the exemption criteria in this 161 section; and to ensure proper installation, maintenance, and 162 precautionary or evacuation action following a tropical storm or 163 hurricane watch of a floating vessel platform or floating boat 164 lift that is proposed to be attached to a bulkhead or parcel of 165 land where there is no other docking structure. The exemption 166 provided in this paragraph is shall be in addition to the 167 exemption provided in paragraph (b). The department shall adopt 168 a general permit by rule for the construction, installation, 169 operation, or maintenance of those floating vessel platforms or 170 floating boat lifts that do not qualify for the exemption 171 provided in this paragraph but do not cause significant adverse 172 impacts to occur individually or cumulatively. The issuance of 173 such general permit shall also constitutes constitute permission 174 to use or occupy lands owned by the Board of Trustees of the 175 Internal Improvement Trust Fund. A local government governments 176 may not impose a more stringent regulation, permitting 177 requirement, registration requirement, or other regulation 178 covered by such general permit. A local government governments 179 may require either permitting or one-time registration of 180 floating vessel platforms as necessary to ensure compliance with 181 the general permit in this section; to ensure compliance with 182 local ordinances, codes, or regulations relating to building or 183 zoning that are no more stringent than the general permit in 184 this section; and to ensure proper installation and maintenance 185 of a floating vessel platform or floating boat lift that is 186 proposed to be attached to a bulkhead or parcel of land where 187 there is no other docking structure. As used in this paragraph, 188 the term local government includes a charter county, a county 189 that is required to implement a manatee protection plan pursuant 190 to s. 379.2431(2)(t), or a county or municipality that 191 establishes and administers a local pollution control program 192 under s. 403.182. 193 Section 4.This act shall take effect upon becoming a law.