The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: SB 1082
INTRODUCER: Senator DiCeglie
SUBJECT: Floating Vessel Platforms
DATE: March 27, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Favorable
2. Hunter Ryon CA Favorable
3. RC
I. Summary:
SB 1082 removes the provision within s. 403.813, F.S., that authorizes a local government to
require a permit for certain floating vessel platforms (i.e., those not attached to a bulkhead).
The bill provides that a local government may only require a one-time registration of such
platforms where the platform owner self-certifies compliance with the exemption criteria. Local
governments may require this self-certification to ensure, among other things, compliance with
ordinances, codes, state-delegated or state mandated plans or programs, or regulations relating to
building or zoning, which may not be applied more stringently than, or inconsistent with, the
exemption criteria and address subjects other than subjects addressed by the exemption criteria.
II. Present Situation:
Environmental Resource Permitting
The Department of Environmental Protection’s (DEP) Environmental Resource Permitting
(ERP) program regulates activities involving the alteration of surface water flows.
1
The ERP
program governs the construction, alteration, operation, maintenance, repair, abandonment, and
removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant
works, and works (including docks, piers, structures, dredging, and filling located in, on, or over
wetlands or other surface waters).
2
For a number of low impact activities and projects that are narrow in scope, an ERP permit is not
required under state law.
3
Engaging in these activities and projects requires compliance with
1
Chapter 373, p. IV, F.S.; Fla. Admin. Code Ch. 62-330.
2
Fla. Admin. Code R. 62-330.010(1)-(3). The responsibilities for implementing the statewide ERP program are partially
delegated by DEP to the water management districts and certain local governments.
3
Section 403.813, F.S.
REVISED: BILL: SB 1082 Page 2
applicable local requirements, but generally requires no notice to DEP.
4
A broad array of
activities are expressly exempted from the ERP program, including, but are not limited to: the
installation of overhead transmission lines; installation and maintenance of boat ramps; work on
seawalls and mooring pilings, swales, and foot bridges; the removal of aquatic plants;
construction and operation of floating vessel platforms; and work on county roads and bridges.
5
Although permitting is not required for these activities, there may be a requirement to obtain
permission to use or occupy lands owned by the Board of Trustees or a water management
district in its governmental or proprietary capacity.
6
Permits for Floating Vessel Platforms or Floating Boat Lifts
Generally, an ERP permit is required to construct, alter, operate, maintain, or remove floating
vessel platforms or floating boat lifts.
7
Local governments may require either permitting or one-
time registration of floating vessel platforms to be attached to a bulkhead on a parcel of land
where there is no other docking structure as necessary to ensure compliance with local
ordinances, codes, or regulations.
8
Local governments may also require permitting or one-time
registration of all other floating vessel platforms (i.e., those not attached to a bulkhead) as
necessary to ensure compliance with the exemption criteria under s. 403.813, F.S., and to ensure
compliance with local ordinances, codes, or regulations relating to building or zoning, which are
no more stringent than the exemption criteria under s. 403.813, F.S., or address subjects other
than subjects addressed by the exemption criteria in this statute.
9
However, a permit is not required for the construction, installation, operation, or maintenance of
floating vessel platforms or floating boat lifts, provided that such structures:
10
Float at all times in the water for the sole purpose of supporting a vessel so that the vessel is
out of the water when not in use;
Are wholly contained within a boat slip previously permitted under state law, or do not
exceed a combined total of 500 square feet, or 200 square feet in an Outstanding Florida
Water, when associated with a dock that is exempt under this subsection or associated with a
permitted dock with no defined boat slip or attached to a bulkhead on a parcel of land where
there is no other docking structure;
Are not used for any commercial purpose or for mooring vessels that remain in the water
when not in use, and do not substantially impede the flow of water, create a navigational
hazard, or unreasonably infringe upon the riparian rights of adjacent property owners, as
defined in state law;
Are constructed and used so as to minimize adverse impacts to submerged lands, wetlands,
shellfish areas, aquatic plant and animal species, and other biological communities, including
locating such structures in areas where seagrasses are least dense adjacent to the dock or
bulkhead; and
4
Fla. Admin. Code Rules 62-330.050(1) and 62-330.051(2).
5
Section 403.813(1), F.S.; Fla. Admin. Code R. 62-330.051.
6
Section 403.813(1), F.S.; but see s. 403.813(1)(s), F.S. (specifically relieving qualifying floating structures from any
requirement to obtain permission to use or occupy lands owned by the Board of Trustees).
7
Fla. Admin. Code R. 62-330.428.
8
Section 403.813(1)(s), F.S.
9
Id.
10
Section 403.813(1)(s), F.S. BILL: SB 1082 Page 3
Are not constructed in areas specifically prohibited for boat mooring under conditions of a
permit issued in accordance with state law, or other form of authorization issued by a local
government.
11
III. Effect of Proposed Changes:
Section 1 amends s. 403.813, F.S., which provides exemptions to Environmental Resource
Permitting (ERP) requirements. The bill removes the provision that authorizes a local
government to require a permit for certain floating vessel platforms (i.e., those not attached to a
bulkhead). The bill provides that a local government may only require a one-time registration of
such platforms where the platform owner self-certifies compliance with the exemption criteria
established under this section. Local governments may require this self-certification to ensure,
among other things, compliance with ordinances, codes, state-delegated or state mandated plans
or programs, or regulations relating to building or zoning, which may not be applied more
stringently than, or inconsistent with, the exemption criteria and address subjects other than
subjects addressed by the exemption criteria.
Section 2 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
11
Section 403.813(1)(s)1.-5., F.S. BILL: SB 1082 Page 4
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 403.813 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.