§ 15-218. Dredging, pumping of sand, construction, etc.; permits, regulations.

It shall be unlawful for any person, firm, partnership or corporation to do any dredging, pumping of sand, extension of lands, construction or extension of islands, creating canals, basins, inlets or bays, filling or creating obstructions in, on, or under any of the waters of the county, except as provided herein; provided, however, that this act [article] shall not apply to the pumping of water.

(a)

Any person, firm, partnership or corporation desiring to perform or cause to be performed any of the activities listed in this section, shall apply to the county for a permit in order to lawfully perform the desired activity.

(b)

Said application shall be accompanied by a plan or drawing showing specifically what is proposed to be done and the location of property owners who may be affected thereby. Said plan or drawing shall be to scale and shall show the depths of the waters and the elevation of the development above the waterline and shall have been drawn by an accredited civil engineer; said application shall include the names and mailing addresses of all the owners of property within five hundred (500) feet of the nearest point of said development; said application shall further include proof of ownership of the property which is proposed to be developed; the board may require such other information as may be necessary in the processing and determination of the application.

(c)

The application shall be filed with the agency or agencies designated by the board, and any party or parties filing an application shall pay a fee to cover all costs for newspaper publication, service by mail, and the payment of such other costs as may be necessary for the filing, processing and determination of the application. The amount of the fee shall be fixed by the board from time to time.

(d)

The board shall set a public hearing and publish notice of such public hearing one (1) time in a newspaper of general circulation in the area that is qualified to publish legal notices, at least one (1) week prior to said public hearing. Said notice shall state the development proposed to be made, the legal description of the area in which the development is to be made, and a general description of the area involved. An affidavit of proof of said publication with a copy attached shall be furnished to the board before its consideration of said application. The board shall further cause notices to be sent by mail or personal service to each property owner within five hundred (500) feet of the proposed development, which shall in all events include the owners of the upland affected by any proposed fill between said upland and the nearest channel, and such other property owners as the board deems might be adversely affected by the proposed development, and such notices shall be substantially the same as are required to be published in a newspaper as hereinbefore provided; all municipalities or other public agencies who may be affected by said proposed development shall also be notified by mail as hereinbefore provided and shall have the right to be heard. The board shall have the right to issue a writ of subpoena to any person to compel attendance at any hearing for the purposes of testifying before the board, and the board shall pay the witnesses' fees required by statute for witnesses attending court in the State of Florida.

(e)

The board, in order to prevent undesirable situations which might result from the performance of any of the activities listed in this section, shall obtain such engineering or other data and hear such testimony under oath as may be necessary to determine:

(1)

The effect of the proposed plan or development on the use of said waters in said county for transportation and recreational or other public purposes and public conveniences.

(2)

The effect of the proposed plan or development on the free use of waters and waterways within the county.

(3)

The effect of the proposed plan or development upon erosion control in the said county.

(4)

The effect of the proposed plan or development upon the flow of waters in said county.

(5)

The effect of the proposed plan or development upon formation of stagnant pockets likely to collect debris.

(6)

The effect of the proposed plan or development upon the natural beauty and recreational advantage within said county.

(7)

The effect of the proposed plan or development upon the conservation of wildlife, marine life, and other natural resources.

(8)

The effect of the proposed plan or development upon the upland surrounding or necessarily affected by said plan or development.

The board, after public hearing, from said data and testimony, shall make findings of fact and determine whether or not the proposed plan or development will materially affect any of the rights and interests of the public heretofore set out in this section. Said findings of fact and said determination shall be reduced to writing and shall be filed with the clerk of the board and, when so filed shall be open to the public. The board shall, if it desires, or at the request of any applicant or any objector, cause the testimony taken at public hearings to be reported and transcribed, which testimony, together with all engineering and other data considered by the board, shall be filed with the clerk of the board, and, when so filed, the same shall be open to the public; provided, however, that the board may require the person or persons requesting the reporting of said testimony to post with the board sufficient moneys to pay the costs of reporting and transcribing the same.

If the board shall find that the proposed plan or development will not materially affect adversely any of the rights and interests of the public heretofore set out in this section, said board shall then grant and issue a permit for said proposed plan or development, or any modification thereof, according to the provisions of this act [article] as hereinbefore provided.

If the board shall find that the proposed plan or development will materially affect adversely any of the rights or interests of the public heretofore set out in this section, the board shall deny the application and refuse to issue a permit for the proposed plan or development.

Said permit, if granted, shall not be effective until thirty (30) days after the filing of the determination with the clerk, and if a petition for rehearing is filed, until said petition is heard and determined.

Any person, firm, or corporation, including the State of Florida, Orange County, Florida, and any municipal corporation in said county, in the event they are aggrieved by the findings of fact and determination of the board, may, within thirty (30) days of such findings and determination, petition for rehearing, stating in their petition the grounds upon which the board has erred in its findings and wherein they are aggrieved by said findings. The board may, in its discretion, grant or deny such rehearing.

Any person, firm or corporation, including the State of Florida, Orange County, Florida, and any municipal corporation in said county who is aggrieved by the board's ruling on the petition for rehearing shall have the right to have the entire cause reviewed by the Circuit Court of the Ninth Judicial Circuit of Florida in and for Orange County as provided by law for other appeals in the circuit court.

(f)

Provided however, that the board may waive any or all of the requirements of subsections (b), (c), (d) and (e) hereof, and grant a permit upon payment of any fee authorized herein if all of the following conditions exist:

(1)

It appears from the application required in subsection (a) of this section, and upon an explanation of the purpose of the project to the board by the applicant or someone on his behalf that the rights and interests of the public will not be adversely affected by said project.

(2)

The total cost of the project, less the cost of drawing plans and the cost of transporting the equipment to the site of the project, will not exceed one hundred dollars ($100.00).

(3)

The board unanimously approves the said waiver. Provided further that the provisions of subsection (f)(2) of this section shall not apply to reapplications as provided for in section 6 [section 15-221] herein.

(g)

Provided however, that the provisions of this act [article] shall not be construed as affecting in any manner the rights and privileges of the Trustees of Internal Improvement Fund under the provisions of Chapter 253, Florida Statutes, and any amendments thereto, and this act [article] shall not be interpreted to exclude any person, firm, or corporation from complying with the provisions of said chapter when the same is applicable.

(Code 1965, § 36-33.3; Laws of Fla. ch. 67-1829, § 3; Laws of Fla. ch. 82-341, § 2)