Bill Text: FL S0994 | 2021 | Regular Session | Introduced
Bill Title: Private Docks
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Environment and Natural Resources [S0994 Detail]
Download: Florida-2021-S0994-Introduced.html
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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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. 73 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.