F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 349 2022
1 A bill to be entitled
2 An act relating to water resources management;
3 amending s. 253.03, F.S.; authorizing the Board of
4 Trustees of the Internal Improvement Trust Fund to
5 grant easements for specified mitigation banks under
6 certain conditions; providing construction; directing
7 the Department of Environmental Protection to create
8 and modify specified rules; providing requirements for
9 such rulemaking; amending s. 403.813, F.S.; exempting
10 certain docks on recorded easements from certain
11 permit and verification requirements; granting certain
12 docks authorization to use submerged lands upon
13 approval of the board; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (17) is added to section 253.03,
18 Florida Statutes, to read:
19 253.03 Board of trustees to administer state lands; lands
20 enumerated.—
21 (17) The board of trustees may grant easements for
22 mitigation banks that are permitted under s. 373.4136 to ensure
23 the protection and restoration of natural resources and to
24 offset the unavoidable impacts of projects when mitigation banks
25 meet the public interest criteria under chapters 253 and 258 .
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0349-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 349 2022
26 This subsection does not prohibit mitigation to offset impacts
27 to seagrass or other habitats on sovereignty submerged lands,
28 upon meeting the public interest criteria under chapters 253 and
29 258.
30 Section 2. The Department of Environmental Protection
31 shall adopt and modify rules adopted pursuant to ss. 373.4136
32 and 373.414 to ensure that required financial assurances are
33 equivalent and sufficient to provide for the long-term
34 management of mitigation permitted under ss. 373.4136 and
35 373.414. The department, in consultation with the water
36 management districts, shall include the rulemaking required by
37 this section in existing active rulemaking, or shall complete
38 rule development by June 30, 2023.
39 Section 3. Paragraph (b) of subsection (1) of section
40 403.813, Florida Statutes, is amended to read:
41 403.813 Permits issued at district centers; exceptions. —
42 (1) A permit is not required under this chapter, chapter
43 373, chapter 61-691, Laws of Florida, or chapter 25214 or
44 chapter 25270, 1949, Laws of Florida, and a local government ma y
45 not require a person claiming this exception to provide further
46 department verification, for activities associated with the
47 following types of projects; however, except as otherwise
48 provided in this subsection, this subsection does not relieve an
49 applicant from any requirement to obtain permission to use or
50 occupy lands owned by the Board of Trustees of the Internal
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0349-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 349 2022
51 Improvement Trust Fund or a water management district in its
52 governmental or proprietary capacity or from complying with
53 applicable local pollution control programs authorized under
54 this chapter or other requirements of county and municipal
55 governments:
56 (b) The installation and repair of mooring pilings and
57 dolphins associated with private docking facilities or piers and
58 the installation of private docks, piers, and recreational
59 docking facilities, or piers and recreational docking facilities
60 of local governmental entities when the local governmental
61 entity's activities will not take place in any manatee habitat,
62 any of which docks:
63 1. Has 500 square feet or less of over-water surface area
64 for a dock located in an area designated as Outstanding Florida
65 Waters or 1,000 square feet or less of over-water surface area
66 for a dock located in an area that is not designated as
67 Outstanding Florida Waters;
68 2. Is constructed on or held in place by pilings or is a
69 floating dock constructed so as not to involve filling or
70 dredging other than that necessary to install the pilings;
71 3. May not substantially impede the flow of water or
72 create a navigational hazard;
73 4. Is used for recreational, noncommercial activities
74 associated with the mooring or storage of boats and boat
75 paraphernalia; and
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0349-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 349 2022
76 5. Is the sole dock constructed pursuant to this exemption
77 as measured along the shoreline for a distance of 65 feet,
78 unless the parcel of land, recorded easement, or individual lot
79 as platted is less than 65 feet in length along the shoreline,
80 in which case one exempt dock may be allowed per parcel ,
81 easement, or lot. Such docks shall be granted authorization for
82 the use of submerged lands upon approval by the Board of
83 Trustees of the Internal Improvement Trust Fund.
84
85 This paragraph does not prohibit the department from taking
86 appropriate enforcement action pursuant to this chapter to abate
87 or prohibit any activity otherwise exempt from permitting
88 pursuant to this paragraph if the department can demonstrate
89 that the exempted activity has caused water pollution in
90 violation of this chapter.
91 Section 4. This act shall take effect upon becoming a law.
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb0349-00

Statutes affected:
H 349 Filed: 403.813