62-330.428. General Permit for Floating Vessel Platforms and Floating Boat Lifts

A general permit is granted to the owner of an individual, detached, private single-family residence to construct, alter, operate, maintain, and remove floating vessel platforms or floating boat lifts (“platforms or lifts”) at their residence, under the following conditions:

(1) Platforms and lifts are authorized only at a dock or along a seawall associated with an individual, detached, private single-family residence on the contiguous uplands. For purposes of this general permit, an individual, detached, single-family residence does not include duplexes, triplexes or quadruplexes.

(2) The dock or seawall must meet one of the following:

(a) It was built prior to July 1, 1975;

(b) It complies with a permit issued under Chapter 403, F.S., or Part IV of Chapter 373, F.S.; or

(c) It was built in accordance with an exemption under Section 403.813(1), F.S.

(3) The platforms and lifts:

(a) Shall not be located within an aquatic preserve as designated and described in Chapter 258, F.S., or within federally designated critical habitat for Johnson’s seagrass (Halophila johnsonii);

(b) Shall be limited in size as follows:

1. If built in artificial waters and residential canal systems, the platforms and lifts must not cumulatively exceed 1,000 square feet. “Cumulatively” means either alone or in combination with any other platforms or lifts along the person’s shoreline.

2. If built within Outstanding Florida Waters, the platforms or lifts must not cumulatively exceed 300 square feet along the person’s shoreline.

3. If built in waters other than those listed above, the platforms and lifts must not cumulatively exceed 675 square feet along the person’s shoreline.

(c) Shall not be located over submerged grassbeds, attached macroalgae, coral communities, or wetlands.

(d) Shall be used solely for the purpose of storing a vessel or vessels, such that the vessel or vessels are stored out of the water at all times when not in use;

(e) Shall not be added to structures or located in areas where boat mooring is specifically prohibited under a permit issued under either Chapter 403, or Part IV of Chapter 373, F.S., or an authorization under Chapter 253 or 258, F.S.; and

(4) If located within submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, the following additional conditions must also be met to qualify for consent to use and occupy such lands under Chapter 253, F.S.

(a) The platforms and lifts must be installed, operated and maintained in conformance with all the applicable terms and conditions of subsections 18-21.004(3) and (7), F.A.C., (March 12, 2012), and Rule 18-21.0041, F.A.C. (March 23, 2012).

(b) The platforms and lifts must not extend more than 25 percent into the width of the waterway, as measured from approximate mean high water to approximate mean high water in tidal waters, or from approximate ordinary high water to approximate ordinary high water in non-tidal waters;

(c) Platforms and lifts located on any lands under the jurisdiction or management of the Department’s Division of Recreation and Parks must have prior written approval by the Division of Recreation and Parks, and such approval must be submitted with the notice to use this general permit.

Rulemaking Authority 373.026(7), 373.043, 373.044, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.813(1), 403.814(1) FS. Law Implemented 253.04, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.813(1), 403.814(1) FS. History–New 8-4-05, Formerly 62-341.428, Amended 10-1-13.