THE BILL ITSELF
CS/HB 669
Public Mooring Fields
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A bill to be entitled
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An act relating to public mooring fields; amending s.
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373.118, F.S.; prohibiting local governments and
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special districts from applying for a permit to
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establish or maintain a public mooring field under
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certain circumstances; providing applicability;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) of section 373.118, Florida
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Statutes, is amended to read:
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373.118 General permits; delegation.—
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(4)(a) The department shall adopt by rule one or more
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general permits for local governments to construct, operate, and
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maintain public mooring fields, public boat ramps, including
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associated courtesy docks, and associated parking facilities
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located in uplands. Such general permits adopted by rule shall
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include provisions to ensure compliance with part IV of this
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chapter, subsection (1), and the criteria necessary to include
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the general permits in a state programmatic general permit
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issued by the United States Army Corps of Engineers under s. 404
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of the Clean Water Act, Pub. L. No. 92-500, as amended, 33
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U.S.C. ss. 1251 et seq. A facility authorized under such general
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permits is exempt from review as a development of regional
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impact if the facility complies with the comprehensive plan of
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the applicable local government. Such facilities shall be
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consistent with the local government manatee protection plan
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required pursuant to chapter 379. Mooring fields authorized
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under such general permits may not exceed 100 vessels. All
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facilities permitted under this section shall be constructed,
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maintained, and operated in perpetuity for the exclusive use of
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the general public. The department is authorized to have
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delegation of authority from the Board of Trustees of the
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Internal Improvement Trust Fund to issue leases for mooring
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fields that meet the requirements of such general permits. The
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department shall initiate the rulemaking process within 60 days
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after the effective date of this act.
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(b) Notwithstanding any provision of law to the contrary,
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a county, municipality, or special district may not apply for a
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permit to establish or maintain a mooring field outside of its
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territorial boundaries. Notwithstanding any provision of law to
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the contrary, a county may not apply for a permit to establish
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or maintain a mooring field within an incorporated area. This
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paragraph does not apply to a mooring field that has been
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approved by all jurisdictional local governments or that has
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been issued a final, nonappealable permit by the department.
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Section 2. This act shall take effect upon becoming a law.