Florida Senate - 2024 SB 608



By Senator Rodriguez





40-00556B-24 2024608__
1 A bill to be entitled
2 An act relating to dredging and beach restoration
3 projects; amending s. 403.816, F.S.; directing the
4 Department of Environmental Protection to require
5 that, as a condition of permits issued for certain
6 dredging and beach restoration projects, any adverse
7 impact analysis conducted for the activity meet
8 certain requirements; requiring a local government to
9 provide notice of its intent to conduct an analysis to
10 certain adjacent local governments; providing
11 applicability; providing a specified fine for
12 violations; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Present subsection (3) of section 403.816,
17 Florida Statutes, is redesignated as subsection (4), and a new
18 subsection (3) is added to that section, to read:
19 403.816 Permits for maintenance dredging of deepwater ports
20 and beach restoration projects.—
21 (3) As a condition of a permit issued for a project
22 pursuant to this section, the department shall require that any
23 analysis to determine the adverse impacts of the activity on the
24 natural habitat be conducted by an independent contractor
25 selected by the local government and in a manner prescribed by
26 the department. The independent contractor conducting the
27 analysis may not be associated with any project of the
28 contractor performing the activity for the local government for
29 a period of 1 year before the commencement of the analysis or
30 for a period of 1 year after the completion of the analysis. The
31 local government shall provide written notice of its intent to
32 have an analysis conducted to adjacent local governments that
33 may be impacted by the activity. However, this subsection does
34 not apply to any deepwater port maintenance dredging currently
35 permitted or maintained by the United States Army Corps of
36 Engineers. A violation of this subsection is punishable by a
37 fine of 10 percent of the total project cost or an amount
38 determined by the department or the United States Army Corps of
39 Engineers, whichever is greater.
40 Section 2. This act shall take effect July 1, 2024.