| 15 | | - | An act relating to dredging and beach restoration 2 |
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| 16 | | - | projects; amending s. 403.816, F.S.; directing the 3 |
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| 17 | | - | Department of Environmental Protection to require, as 4 |
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| 18 | | - | a condition of permits issued for certain dredging and 5 |
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| 19 | | - | beach restoration projects, that any adverse impact 6 |
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| 20 | | - | analysis conducted for the activity meet certain 7 |
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| 21 | | - | requirements; requiring a local government to provide 8 |
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| 22 | | - | notice of its intent to conduct an analysis to c ertain 9 |
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| 23 | | - | adjacent local governments; providing applicability; 10 |
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| 24 | | - | providing an effective date. 11 |
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| 25 | | - | 12 |
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| 26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
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| 27 | | - | 14 |
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| 28 | | - | Section 1. Subsection (3) of section 403.816, Florida 15 |
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| 29 | | - | Statutes, is redesignated as subsection (4), and a new 16 |
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| 30 | | - | subsection (3) is added to that section, to read: 17 |
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| 31 | | - | 403.816 Permits for maintenance dredging of deepwater 18 |
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| 32 | | - | ports and beach restoration projects. — 19 |
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| 33 | | - | (3) As a condition of a permit issued for a project 20 |
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| 34 | | - | pursuant to this section, the department shall require that any 21 |
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| 35 | | - | analysis to determine the adverse impacts of the activity on the 22 |
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| 36 | | - | natural habitat be conducted by an independent contractor 23 |
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| 37 | | - | selected by the local government and in a manner prescribed by 24 |
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| 38 | | - | the department. The independent contractor conducting the 25 |
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| 15 | + | An act relating to deepwater port dredging; amending 2 |
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| 16 | + | s. 403.816, F.S.; directing the Department of 3 |
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| 17 | + | Environmental Protection to require a specified 4 |
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| 18 | + | analysis as a condition of permits issued for 5 |
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| 19 | + | maintenance dredging of deepwater ports; providing 6 |
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| 20 | + | requirements for conducting the analysis; requiring a 7 |
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| 21 | + | local government to provide notice of its intent to 8 |
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| 22 | + | conduct the analysis to certain local governments; 9 |
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| 23 | + | providing an effective date. 10 |
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| 24 | + | 11 |
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| 25 | + | Be It Enacted by the Legislature of the State of Florida: 12 |
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| 26 | + | 13 |
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| 27 | + | Section 1. Subsection (3) of section 403.816, Florida 14 |
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| 28 | + | Statutes, is renumbered as subsection (4), and a new subsection 15 |
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| 29 | + | (3) is added to that section to read: 16 |
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| 30 | + | 403.816 Permits for maintenance dredging of deepwater 17 |
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| 31 | + | ports and beach restoration projects. — 18 |
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| 32 | + | (3) As a condition of a permit issued for maintenance 19 |
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| 33 | + | dredging of deepwater ports pursuant to this section, the 20 |
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| 34 | + | department shall require a habitat equivalency analysis to 21 |
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| 35 | + | determine the adverse impacts of the dredging activity on the 22 |
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| 36 | + | natural habitat. The analysis must be conducted by an 23 |
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| 37 | + | independent contractor selected by the local government in a 24 |
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| 38 | + | manner prescribed by the department. The independent contractor 25 |
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| 51 | | - | analysis may not be associated with any project of the 26 |
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| 52 | | - | contractor performing the activity for the local government for 27 |
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| 53 | | - | a period of 5 years before the commencement of the analysis or 28 |
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| 54 | | - | for a period of 5 years after the completion of the analysis. 29 |
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| 55 | | - | The local government shall provide written notice of its intent 30 |
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| 56 | | - | to have an analysis conducted to adjacent local governments that 31 |
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| 57 | | - | may be impacted by the activity. However, this subsection does 32 |
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| 58 | | - | not apply to any deepwater port maintenance dredging currently 33 |
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| 59 | | - | permitted or maintained by the United States Army Corps of 34 |
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| 60 | | - | Engineers. 35 |
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| 61 | | - | Section 2. This act shall take effect July 1, 2023. 36 |
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| 51 | + | for the analysis may n ot be associated with any project of the 26 |
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| 52 | + | contractor performing the dredging activity for the local 27 |
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| 53 | + | government. The local government shall provide written notice of 28 |
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| 54 | + | its intent to conduct a habitat equivalency analysis to adjacent 29 |
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| 55 | + | local governments that may be impacted by the dredging activity. 30 |
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| 56 | + | Section 2. This act shall take effect July 1, 2023. 31 |
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