Bill Text: FL S1082 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vessels

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 847 (Ch. 2023-151) [S1082 Detail]

Download: Florida-2023-S1082-Introduced.html

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       Florida Senate - 2023                                    SB 1082
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00374-23                                           20231082__
    1                        A bill to be entitled                      
    2         An act relating to floating vessel platforms; amending
    3         s. 403.813, F.S.; removing a provision authorizing
    4         local governments to require permitting for certain
    5         floating vessel platforms; revising conditions under
    6         which local governments may require one-time
    7         registrations of floating vessel platforms; making
    8         technical changes; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (s) of subsection (1) of section
   13  403.813, Florida Statutes, is amended to read:
   14         403.813 Permits issued at district centers; exceptions.—
   15         (1) A permit is not required under this chapter, chapter
   16  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   17  chapter 25270, 1949, Laws of Florida, and a local government may
   18  not require a person claiming this exception to provide further
   19  department verification, for activities associated with the
   20  following types of projects; however, except as otherwise
   21  provided in this subsection, this subsection does not relieve an
   22  applicant from any requirement to obtain permission to use or
   23  occupy lands owned by the Board of Trustees of the Internal
   24  Improvement Trust Fund or a water management district in its
   25  governmental or proprietary capacity or from complying with
   26  applicable local pollution control programs authorized under
   27  this chapter or other requirements of county and municipal
   28  governments:
   29         (s) The construction, installation, operation, or
   30  maintenance of floating vessel platforms or floating boat
   31  lifts., provided that such structures:
   32         1. To qualify for an exemption under this paragraph, the
   33  structure must:
   34         a. Float at all times in the water for the sole purpose of
   35  supporting a vessel so that the vessel is out of the water when
   36  not in use;
   37         b.2. Be Are wholly contained within a boat slip previously
   38  permitted under ss. 403.91-403.929, 1984 Supplement to the
   39  Florida Statutes 1983, as amended, or part IV of chapter 373, or
   40  do not exceed a combined total of 500 square feet, or 200 square
   41  feet in an Outstanding Florida Water, when associated with a
   42  dock that is exempt under this subsection or associated with a
   43  permitted dock with no defined boat slip or attached to a
   44  bulkhead on a parcel of land where there is no other docking
   45  structure;
   46         c.3. Not be Are not used for any commercial purpose or for
   47  mooring vessels that remain in the water when not in use, and do
   48  not substantially impede the flow of water, create a
   49  navigational hazard, or unreasonably infringe upon the riparian
   50  rights of adjacent property owners, as defined in s. 253.141;
   51         d.4. Be Are constructed and used so as to minimize adverse
   52  impacts to submerged lands, wetlands, shellfish areas, aquatic
   53  plant and animal species, and other biological communities,
   54  including locating such structures in areas where seagrasses are
   55  least dense adjacent to the dock or bulkhead; and
   56         e.5. Are Not be constructed in areas specifically
   57  prohibited for boat mooring under conditions of a permit issued
   58  in accordance with ss. 403.91-403.929, 1984 Supplement to the
   59  Florida Statutes 1983, as amended, or part IV of chapter 373, or
   60  other form of authorization issued by a local government.
   61         2. The owner of a structure Structures that qualifies
   62  qualify for an this exemption under this paragraph is not
   63  required are relieved from any requirement to obtain permission
   64  to use or occupy lands owned by the Board of Trustees of the
   65  Internal Improvement Trust Fund, and, with the exception of
   66  those structures attached to a bulkhead on a parcel of land
   67  where there is no docking structure, the structure may not be
   68  subject to any more stringent permitting requirements,
   69  registration requirements, or other regulation by any local
   70  government. For a floating vessel platform to be attached to a
   71  bulkhead on a parcel of land where there is no docking
   72  structure, a local government governments may require the
   73  platform owner to obtain a permit either permitting or one-time
   74  registration of the floating vessel platform platforms to be
   75  attached to a bulkhead on a parcel of land where there is no
   76  other docking structure as necessary to ensure compliance with
   77  local ordinances, codes, or regulations. A local government
   78  governments may require only a either permitting or one-time
   79  registration of all other floating vessel platforms where the
   80  platform owner self-certifies as necessary to ensure compliance
   81  with the exemption criteria in this section; to ensure
   82  compliance with local ordinances, codes, state-delegated or
   83  state-mandated plans or programs, or regulations relating to
   84  building or zoning, which may not be applied more stringently
   85  are no more stringent than, or inconsistent with, the exemption
   86  criteria in this section and or address subjects other than
   87  subjects addressed by the exemption criteria in this section;
   88  and to ensure proper installation, maintenance, and
   89  precautionary or evacuation action following a tropical storm or
   90  hurricane watch of a floating vessel platform or floating boat
   91  lift that is proposed to be attached to a bulkhead or parcel of
   92  land where there is no other docking structure.
   93         3. The exemption provided in this paragraph is shall be in
   94  addition to the exemption provided in paragraph (b). The
   95  department shall adopt a general permit by rule for the
   96  construction, installation, operation, or maintenance of those
   97  floating vessel platforms or floating boat lifts that do not
   98  qualify for the exemption provided in this paragraph but do not
   99  cause significant adverse impacts to occur individually or
  100  cumulatively. The issuance of such general permit constitutes
  101  shall also constitute permission to use or occupy lands owned by
  102  the Board of Trustees of the Internal Improvement Trust Fund. A
  103  local government governments may not impose a more stringent
  104  regulation, permitting requirement, registration requirement, or
  105  other regulation covered by such general permit. A local
  106  government governments may require a structure owner to obtain
  107  either a permit permitting or one-time registration of floating
  108  vessel platforms as necessary to ensure compliance with the
  109  general permit in this section; to ensure compliance with local
  110  ordinances, codes, or regulations relating to building or zoning
  111  that are no more stringent than the general permit in this
  112  section; and to ensure proper installation and maintenance of a
  113  floating vessel platform or floating boat lift that is proposed
  114  to be attached to a bulkhead or parcel of land where there is no
  115  other docking structure.
  116         Section 2. This act shall take effect July 1, 2023.