FLORIDA MARINE CONTRACTORS ASSOCIATIONPO BOX 542111MERRITT ISLAND, FL 32954-2111

Telephone: 321-453-3051Fax: 321-406-0579Web site: www.fmca.us

OFFICERS AND DIRECTORS

Michael McCartney, President239-945-7759, president@fmca.us

Mike Jones, Vice President239-481-7143, vp@fmca.us

Kristy Tingle, Secretary-Treasurer941-493-8100, treasurer@fmca.us

Blair McVety, Past President941-629-4900, pastprez@fmca.us

Bill Caldwell, Director: 813-645-3625Rick Fender, Director: 407-481-2750Dan Gileo, Director: 239-332-1595Val Grabowski, Director: 727-328-8232Charlie Henry, Director: 954-764-1001Bruce Palmer, Director: 813-610-7801Kent Safriet, Director: 850-222-7500

STAFF

Steven Webster, Executive Director & Editor321-453-3051, execdir@fmca.us

Meg Slentz Nagy, Meeting Planner321-733-2670, mslentznagy@fmca.us

Peggy Mathews, Government Relations850-877-3848, pmathews@fmca.us

FMCA Advocate

AD RATES (newsletter ads also appear on web site; 10 issues per year)

Month YearFull Page Color $350 $2400Half Page Color 250 1400Half Page B/W 200 1200Biz Card 400Quarter Page Color 180 950Quarter Page B/W 140 800

AD & COPY DEADLINE: 15TH OF THE MONTH.

MINI EXPO Reviewand pictures throughout! . . . . . .3

Welcome New Members! . . . . .4

New vinyl sheet piling . . . . . . .5

President’s Letter Is the ClubRotten to the Corps? . . . . . . . . . .6

Manatee Downlisting by MaryScott Gilbert, FWC . . . . . . . . . . .10

Permitting Workshop . . . . . . .13

Platinum Club Complete!Golden, PPW join . . . . . . . . . . . .14

Legislative Review by Kent Safriet . . . . . . . . . . . . . .17

Meeting Calendar . . . . . . . . . .22

Committees . . . . . . . . . . . . . . .22

FMCA SHIRTS ARE HERE

Along-term goalof FMCA isbeing realized:after July 1, 2006,all new or renewed

Florida Workers Comp policies formarine construction will fall under anew class code, 6006F.

All marine construction work,whether over navigable waters ornot, will be insured using the sameclass code, and the same base rate of$28.79 for every $100 in pay.

The ramifications of this changewill be huge, and mostly positive.

LongshoreThe most significant change is thatevery marine contracting policy inFlorida written or renewed afterJuly 1 must include a Longshorerider. Without the Longshore rider,

permits won’t be released. The issuefor many who have been skirtingcoverage is that their current carriermay not offer the Longshore rider.This means scurrying to find a newcarrier.

State Enforcement

Because 6006F is a State Act code,builders working over water will berequired to show proof of 6006Fcoverage to pull work permits.

There are two exceptions:• If you have a State Letter of

Exemption from workers’ comp,some localities will continue tohonor the exemption. But somewill not.

• Your existing policy is in effectuntil it expires. However, onrenewal, you must move into

“A Very Strange Trip” by MikeJones. Read the Page 5 storyabout this month’s masthead

photo!

Inside this Issue:MINI EXPO REVIEWLegislative Review

Platinum Club Complete!FWC On Manatee Downlisting

much more!

F M C A P l a t i n u m M e m b e r sGOLDEN BOAT LIFTS Bill Golden 888 909-5438 ext 225 PPW Gus Stritt 800-273-4076LP WEATHERBEST Rick Fisher 813-991-7898DECKS & DOCKS LUMBER CO. Dan Gileo 727-399-9663ACE BOAT LIFTS Kristy Tingle 941-493-8100 ROBBINS MANUFACTURING Bruce Palmer 888-558-8199RAVENS MARINE, INC. Matthew Hill 800-676-3023GATOR DOCK & MARINE Joe McCloskey 800-621-2207CMI INTERNATIONAL John Irvine 800-256-8857 BELLINGHAM MARINE Steve Ryder 904-358-3362

Charter Platinum Members each pledged a five-year membership commitment in support of the Association.

Workers’ Comp continues on page 7

THE FMCA ADVOCATE IS AN OFFICIALPUBLICATION OF THE FLORIDA MARINECONTRACTORS ASSOCIATION, INC.

STEVEN WEBSTER EXECUTIVE DIRECTOR

Not a Member?To join FMCA, please contact

any Board Member listed on theback cover. First year dues for

Contractors and Associates are$500. Professional dues are

$250/year.

Code Takes Effect July 1

Exhibitors Register Onlinewww.fmca.us/expo

To order, call954-587-0137Extension 19.Shirts $25.95and upHats $9.95.

Marine Construction Workers’ CompCode Approved

FMCA Salutes Mini Expo Sponsors!

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Mini Expo Review:Onward and Upward

by Steven Webster, Executive Director

We planned this year’s Mini Expo to hold25 exhibit spaces, and we expectedabout 120 attendees total. That would

have been a 20% increase over our inauguralMini, held last year in Ft. Myers Beach.

We ended with 160+ attendees and 29exhibit spaces. We sold out blocks ofrooms at two hotels.

Whoa. Suddenly the Mini was getting quite big.

It took more than 20 volunteers to staff the registra-tion tables. Some of the volunteers were folks whosimply stepped up and said: “Can I help?” (You bet!)

How to Grow – Better

Members and exhibitors who returned our satisfac-tion surveys and those who offered verbal suggestions,made these recommendations for future Mini Expos:

1) Invite building contractors, too.2) Invite Realtors.3) Find things for spouses and kids to do. (One

concern about the Marriott at Hutchinson, site ofthe Mini, was that kids found it dull. Of course,kids today think the original Star Wars is dull; wecan use some parent’s help on this one!)

To that list, we’ll add our own recommendations:

1) Invite folks YOU want to see at the Expos, orprovide us lists and FMCA will contact them.

2) Let us know how we can do better!

Does this mean we want the Mini to get Big?

Emphatically,no. We’ll target 30 -35 tabletop exhibits,and a maximum 300 attendees.

In the meantime, the goal for the Annual Dock &Marine Expo is to turn it into a bigger event than theDeck Expo, or, someday, FenceTech.

What will be the difference between the Annual andthe Mini? Imagine: The Annual will be a great tradeshow: Crowded, fun, and bigger-than-life. The Miniwill be like a Cape Canaveral rocket launch. A selectgroup of attendees. A shorter timeframe. A high “coolquotient.”

Where’s the Next Mini?

We’re thinking Jacksonville. A group of boldNortherners is preparing a bid. For 2008, we’rethinking the Marriott on Hutchinson for an encore.

Plaudits

This Mini Expo’s success belongs to four people:

Lori Sousa, of Dealer Risk Services. Lori was the onedancing on tabletops when she handed out the raffleprizes Saturday. Dealer Risk Services bought all those

prizes, folks; they did not fall off theapple tree. Lori worked her butt off,which is why the Board has namedher Conventions Committee Chair.

If you missed the Legal Seminar, youmissed what attendees called “thebest session FMCA has ever done.”Rave reviews. Kristy Tingle of AceBoat Lifts sponsored the seminar,which dealt with a host of legal issues

Luncheon-goers enjoyed abite to eat, but were moreintent on winning the raffle ticketsJessica Burton and Val Grabowski Jr parlayed, andthe outstanding PAC prizes contributed by Lori Sousa ofDealer Risk Services.

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Government AffairsDoug Speeler, Speeler Services, 727-343-1797Kent Safriet, Hopping Green & Sams, 850-222-7500Bill Woods, Woods Consulting, 727-786-5747

Insurance & BenefitsIan Greenway, LIG Marine, 727-578-2800Melanie Jones, SteMic Enterprises, 239-481-7143Lori Sousa, Dealer Risk Services, 561-752-0199

Legal AffairsJames Char les, Lewis, Longman & Walker, 904-737-2020

Meetings & EventsLori Sousa, Dealer Risk Services, 561-752-0199Kristy Tingle, Ace Boat Lifts, 800-826-3573Char lie Henry, American East Coast Distributors,954-764-1001

Membership ServicesBlair McVety, Char lotte County Seawalls, 941-629-4900Bruce Palmer, Robbins Manufacturing, 813-610-7801Mike McCar tney, American Marine (November-March)Mike Jones, SteMic Marine (April-September)

Permitting & LicensingBill Caldwell, Shoreline Marine, 813-645-3625Val Grabowski, Heritage Docks, 727-328-8232

Political Action and FundraisingMike McCar tney, American Marine Construction,239-945-7759

Professional DevelopmentRick Fender, Cloud Nine Services, 407-481-2750

Each FMCA Committee has these general responsibili-ties, in addition to the duties enumerated above:

• Apprise the Board of Directors of activities on amonthly basis

• Prepare at least two ar ticles for publication in theFMCA ADVOCATE

• Provide suggestions for speakers/presenters/topics tothe Meetings & Events Committee, and assist in securingsame

• Assist other Committees as requested by a Committee,or as instructed by Association Officers

• Implement a system of management and governance forthe Committee, to be approved by the Officers of theAssociation. This may include a request for a budget.

• In lieu of or in addition to a budget, specific fundingrequests may be made to Association Officers forapproval as needed.

FMCA Committees FMCA Meetings

Quarterly MeetingJuly 14-15, 2006Bayfront HiltonSt. Pete, FLFFWRI Tour & RoundtableInformation will be postedonline in early June.There will bea fee toattend theFFRWI Tour,followed byan a la cartedinner atMoon UnderWater, afavorite localwatering hole.

3rd AnnualDock & Marine ExpoOctober 12-15, 2006Westin Innisbrook Golf &Country Club36750 U.S. Highway 19 NPalm Harbor, Florida 34684Innisbrook is one of

Florida’s best golf resorts: aPGA Tourney site. Play acourse prepared for Tiger!The Expo exhibit hall isopen Friday eve, and all daySaturday, Oct. 13-14. CEUand other seminars Oct. 12-

13; golf Oct. 15.

2007 MeetingDatesJanuary 12-13,Quarterly Mtg

Mini Expo:May 4-5, 2007

July 13-14,Quarterly Mtg

2007 4th Annual Dock& Marine ExpoOctober 12-14 2007Hyatt on Sarasota BayFMCA is delighted toreturn to this outstandinghotel!

Online Exhibitor Pre-Registration is live!

Reserve up to NINE10 x 10 Expo booths

by May 31and save $50 perbooth, or $25 per

tabletop!

FMCA Committees areNOT just for BoardMembers!

Each and every member isencouraged to participateon a Committee.

Call the committeecontact person to volun-teer, and to discuss howyou propose to help. And,of course, just saying“We’ll do whatever needsto be done” is an ampledescription. The contact

phone number is listedbelow the committeename. Or, you may call oremail any Board Memberfor more info (see theback cover).

Professional Developmentand Permitting CommitteeMembers are high priority!

Questions? Suggestions?Concerns? Call theCommittee Chair, a BoardMember, or FMCA’s office.

How to Become a CommitteeMember

2006-07 Meeting Dates and LocationsAll meetings are open to Members and Prospects.

FMCA Meeting Planner MegSLentz Nagy and Mini ExpoSponsor Jessica Burton of

Poly Vinyl Creations, tend tothe registration desk.

Happy Carnival Cruise winner MichaelTellex sits next to Val Grabowski, Jr.

Val, working with Jessica Burton, soldnearly $800 of 50-50 raffle tickets in

support of our Anchor Award program. Mini Expo Review continues on page 12

FMCA’s Fax Number Has Changed.

The new number is:321-406-0579.

Please update your records.

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ContractorsF & A Marine, Inc. St. Johns and the First CoastMr Herbert Van Der Mark 134 Riberia Street Unit 8 St. Augustine FL 32084p: 386-931-5086f: 904-529-8596e: herbz@bellsouth.netw; www.famarine.comSponsored by Hap Cameron,SE Cline Construction

AssociatesAERT (AdvancedEnvironmental RecyclingTechnology, Inc.)Manufacturer of ChoiceDek decksand railing, using a patentedprocess of recycled wood fiberencapsulated in recycled polyeth-yleneMs. Terri Sturm 914 North Jefferson Springdale, AR 72764 p: 479-756-7400f: 479-756-7463e: paul@tullsales.com,nikkiross@aert.ccw: www.aertinc.comSponsored by John Loftis,Loftis Marine

Bluelinx Building Products Bluelinx is the world's largestbuilding products distributoroffering composite decking,fasteners, and a full line ofbuilding products.Mr Darrin Jole 389 Miranda Drive Green Cove Springs FL 32043p: 386-931-5086f: 904-529-8596e: darrin.jole@bluelinx.comw; www.bluelinx.comSponsored by Rick Fisher, LPWeatherBest

Northstar Vinyl ProductsManufacturer of vinyl andcomposite sheetpileMr Mitchell Wood225 Town Park DriveKennesaw, GA 30144p:770-794-1101f: 888-559-3182e: wood@northstarvinyl.comw: www.northstarvinyl.comSponsored by Hap Cameron,SE Cline Construction

ProfessionalsPBS&J A full-service provider of profes-sional construction managementservices.Mr Tom Edwards 1901 Commonwealth Lane Tallahassee FL 32303-3196p: 850-575-1800f: 850-575-1099e: tjedwards@pbsj.comw: www.pbsj.comSponsored by Mike Jones,SteMic Marine

Welcome New Members!

New Members continues on page 8

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surrounding Lake Okeechobeefurther stretch their resources beyondtheir abilities. So why do they nowsay they need to review portions ofthe SAJ-91 and are consideringdecreasing the size of a permissibledock? Doesn’t make any sense. Weall know it is possible to moor twoboats on something as small as a fiftysquare-foot pier and it may becompletely unrealistic to moor anyboat at a one thousand square-footdock. It all depends on how theproject is designed.

The whole deal has me scratching myhead and asking who is reallyrunning the show at Army Corps? IfSave The Manatee Club has so muchinfluence over the Corps why don'tthey get the Corps to reduce theamount of freshwater discharge fromLake Okeechobee, which is deci-mating manatee habitat? Can theyconvince the Corps to turn those

pesky easements over to propertyowners without the property ownershaving to “give blood”? What has

happened to due process and actingin the interest of the public?

Conclusions:

Many federal agencies have lost sightof reality. They operate under anempty concern that they might belabeled as not being friendly to the

environment. They have tradedpublic good for some disjointedconcern about their public image andtheir unnatural fear of legal fees.

For the environmental groupsinvolved this is not about manateeprotection and it never has been.That has been glaringly obvious forsometime. It is all about their effortsto stunt responsible growth anddevelopment at every opportunity.These environmental groups havenow joined forces with NIMBY (notin my back yard), CAVE (citizensagainst virtually everything) andNOPE (not on planet earth).

Respectfully,

Michael McCartneyAmerican Marine Construction

President’s Letter, continued from page 6

To recommend a candidate youbelieve should receive support

from Florida Marine ContractorsPAC, please email President

McCartney at: president@fmca.us.

To contribute to the PAC (limit$500), send your check to:

Florida Marine Contractors PAC2569 Newfound Harbor Drive

Merritt Island, FL 32952

Naples, FL-based TRULINE isintroducing a new-genera-tion, patent-pending, vinyl

seawall system. TrulineTM is a vinyl productwith a special ultraviolet resistant outer layer.Truline’s multi-use components allow for:• The versatility to create walls for various land

configurations while maintaining joint integrity• The ability to configure wall returns to

protect the new wall from failure of adjacentwalls

• Unique methods for joining Truline to existingconcrete walls

The unique u-channel design results in:• Smooth, flat walls • The capability of wall sections to be filled

with rock for improved strength andenhanced drainage

• Less complicated forming in preparation for

pouring concrete top capsDual-interlocking joints provide for:• Elimination of joint separation• Superior control of joint spacing• Improved ability to control straightness

during installationTruline also provides other aesthetic benefitssuch as the elimination of fracturing and cracks,and rust from corroded rebar will notpermeate the wall and detract from theappearance.

SteMic Marine Construction recently had theunique opportunity to move a house by water.We were called by Flint and Doyle Structural Movers

(FDSM) in Fort Myersand asked if we couldmove a house for themfrom Bonita Springs toBoca Grande. We haveworked with FDSMmoving a house in thepast but only for a shortmove in a protectedchannel. This move wasdifferent because it wasover a long distance,through some shallownarrow channels, andopen water. This required some special calculations to figure outthe best configuration for our “Flexi-Float” sectional barge. It wasdetermined that an 80’ x 40’ layout would work best.

Truline introduces newvinyl sheet piling

A Very Strange Boat Trip!by Mike Jones, SteMic Marine

A Strange Trip continues on page 9

One of the advantages ofbeing president ofFMCA is having a bully

pulpit from which I can rant ona monthly basis. No one canedit what I say and I can writeabout anything on my mind.

Until 2000 I chugged alongbuilding docks and minding myown business. Then the federalgovernment did another one ofthose foolish things they seem todo so often. In this case it was asettlement agreement betweenthe Department of Interior anda number of environmentalgroups. Yup, the infamousManatee Settlement.

After years, countless man-hours, millions and millions ofdollars and volumes of new yetineffective regulations I thoughtsome parts of Florida werestarting to settle back into amore “normal” and predictableroutine.

On October 12, 2005 the ArmyCorps published a Public Noticerequesting input on the Corpsproposal to issue RegionalGeneral Permit SAJ-91. Thispermit was designed to simplifypermitting of rip-rap revet-ments, maintenance dredging,private single-family boat ramps,aerial transmission lines, sub-aqueous utility and transmissionlines, private single-family docksand appurtenances, storm-waterout-falls, bulkheads and backfill,and other minor structureslocated within the City of CapeCoral. Issuance of the SAJ-91would give the City of CapeCoral the authority to issue theabove-described permits on

behalf of the Corps.

Public comment closed onNovember 25, 2005. ArmyCorps reported the only nega-tive input they received was fromthe Save The Manatee Club. Allother comments supportedissuance of the SAJ-91.

Cape Coral has complied withthe criteria set forth by theCorps for the SAJ-91. LeeCounty has an approvedManatee Protection Plan.Increased federal regulations arein place. Additional enforce-ment has been provided by CapeCoral, Lee County and the Stateof Florida. Army Corps hasindicated the SAJ-91 would beissued. All the stars were alignedbut then...

Army Corps decided at the lastminute to postpone or declineissuance of the SAJ-91 bowingto pressure from Save TheManatee Club.

Please keep in mind that theCorps is issuing all the permitscovered by the SAJ-91 (at leastthe ones they manage not toloose). So it is not a matter ofwhether the permits covered bythe SAJ-91 are issued or not.

The Corps has struggled to keepup with the permit applicationsthey have received the pastcouple of years. They areseverely under-staffed andunder-funded. The Ft. MyersRegulatory office is reported tobe the most under-staffed Corpsoffice in Florida. Issues relatingto the past two hurricaneseasons and all the issues

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President’s Letter continues on page 20

Like to lend a hand at the Dock & Marine Expo?

A few good volunteers to staff theregistration center Oct. 13-15 will be

GREATLY appreciated! Call 321-453-3051!

Lucy Fender, wife of FMCA Director Rick Fender,held winning tickets for TWO raffle baskets. Sheand Rick graciously declined the second prize.

(Two other FMCA Directors also declined prizes.)

Who won the prize Lucy Fender returned to thepot? Faye Cameron, wife of Hap Cameron of SE

Cline Construction.

Mini Sponsor Paul Lynch was actually happier thanhe looks here to win one of the raffle prize pack-

ages. Paul graciously stepped up as a BronzeSponsor when the Mini attendee list grew -- Big.

President’s Letter Is the Club Rotten to the Corps?

6006F, or you will not be able to perform marineconstruction (see relevant state law on page 15).

Rates

The rates you’ll pay under the new class code are compa-rable to land-based carpentry (about $25/ $100). Thegood news is you can substantially reduce your premiumswith safety, payroll, and drug-free credits. Rates close to$20 per $100 are certainly possible under 6006F. Let’semphasize: that is with the Longshore load included.

A long-term concern is that inclusion of over-water pile-driving, especially that related to bridge construction,will ultimately cause rates to rise over the long-term.Long-term means 3-6 years out. In the near-term, ratesshould remain relatively stable, paralleling rate changes

for the construction industry overall. (And those rates aredeclining in Florida.)

We have repeatedly objected to the inclusion of pile-driving in the marine construction class code and we willcontinue to monitor the effect of pile-driving losses veryclosely.

It is FMCA’s opinion that, if rates show signs ofincreasing due to this pairing, the Florida Office ofInsurance Regulation will support a request for a revi-sion of the 6006F code.

Availability

Strong advice to every Contractor Member: check yourpolicy, today. You may think you have Longshorecoverage, but you may not. If you are not coveredcurrently: does your carrier even offer Longshore as anoption? Many carriers do not do not offer Longshorecoverage; this is especially true for contractors who usePEOs (employee leasing services).

Workers’Comp continued from page 1

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Anchor Award winners have each recruited two or morenew members since January, 2004.

Eric Hermann, Industrial & Marine Hardware,2005 Golden Anchor Award Winner

Paul Sieber, H&W Distributors, 2004 Golden Anchor Award Winner

Hap Cameron, S.E. Cline ConstructionCharlie Grindrod, G&D Constructors

Mike Jones, SteMic MarineJeffrey Kalat, Spectrum Dock Systems

Pat Keefe, Dream DocksSteven Kern, Snavely Forest Products

Rick Kozell, Southern Pine LumberGeorge Lackey, Hockman Lackey Insurance

Steve Liebel, Duncan SeawallPaul Lynch, Paul Lynch & Associates

Mike McCartney, American Marine ConstructionBlair McVety, Charlotte County Seawalls

Mike Morrison, Morrison BuildersPete Myers, Ft. Pierce Reload

Don Pardue, Wood TreatersDick Remke, Decks & Docks

Doug Speeler, Speeler ServicesDoug Speeler, Jr., Speeler & Associates

Karen Tischler, LIG Marine

Workers’ Comp continues on page 15

ments are directed to take into account any BoatingFacility Siting Guide adopted by the Fish and WildlifeConservation Commission. Some technical assistancefunds will be available to local governments for policydevelopment through the DEP’s Florida CoastalManagement Program. Additionally, the legislaturedirected the Office of Program Policy Analysis andGovernment Accountability to submit a report on theadoption of recreational surface water use policies tothe Governor and legislature no later than December1, 2010. See Section 163.3177(6)(g)2, F.S.

Private Dock Exemption

Existing Section 403.813(2)(i), F.S., exempts “privatedocks” in artificially created waterways from DEP andWMD permitting provided certain conditions aremet. These conditions include no interference withnavigation and no violation of water quality stan-dards. HB 683 amends Section 403.813(2)(i) to limitthe size of exempt “private docks” to “1,000 squarefeet or less of the over-water surface area”. No otherchange to this exemption was enacted.

Working Waterfronts

HB 683 expands the definition of “working water-fronts” to include “public lodging establishments” (i.e.hotels and motels as defined in Section 509.242(1),F.S.). The bill also statutorily recognizes the annualfavorable fiscal impact of tourism at $57 billion andboating at $14 billion. See Section 342.07(1) and (2),F.S. Section 197.303(3), F.S., relating to ad valorem taxdeferrals for working waterfronts was also amended to cover“public lodging establishments”.

Legislative Review continued from page 17

FMCA’s Position on Manatee Protection

• If sound science supports it, so do we.• If sound science doesn’t support it, neither do we.• All rules must be reviewed and approved by local

committees.• Research is better than restrictions.• Technology is better than tickets.

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Professionals, con’t.Coast to Coast InsuranceServices, LLC All forms of insurance risk manage-ment and commercial insurancebrokerage for marine construction.Mr Patrick Higgins 235 S. Maitland Ave., Ste. 108 Maitland FL 32751p: 407-599-0092f: 407-599-0093e: higgsure@aol.com

Dredging & MarineConsultants, Inc. Engineering and environmentalservices for marine construction.Mr Shailesh Patel 5889 South Williamson Blvd #1407 Port Orange FL 32128p: 386-931-5086f: 904-529-8596e: darrin.jole@bluelinx.comw: www.bluelinx.comSponsored by Hap Cameron, SECline Construction

Insurance Office of America Full-Service Risk Management Firmserving the marine industry.Mr Rick Dalrymple 1855 W. State Road 434 Longwood FL 32750p: 407-998-4108f: 407-998-4137e: Rick.Dalrymple@ioausa.comw: www.ioausa.com

Northeast UnderwritersFull-service insurance for marineindustries, including WC, liability,benefits planning and group health .Mr Michael Garcia 4790 First Street North St. Petersburg FL 33703p: 727-521-4253f: 727-521-1024e: mgarcia@neu-ins.comw: www.neu-ins.comSponsored by Karen Tischler,LIG Marine

Parthenon Communities, Inc. Waterfront home builders.Mr Arnold Hutchinson andMr. Hieu Le1268 US HWY 41 South Gibsonton FL 33534p: 813-672-1003f: 813-672-8831e: arnold@developmentpci.comw: www.parthenonhomes.com

Sponsored by Bill Caldwell,Shoreline Marine Construction

Welcome New Members! continued from page 4

New Professional Members ArnoldHutchinson and Hieu Le of

Parthenon Communities Inc., withFMCA Director Bill Caldwell (r),

from Shoreline MarineConstruction.

2006 Legislative Reviewby Kent Safriet, Hopping, Green & Sams

Boating Issues Addressed in HB 683(The DRI Reform Act)

HB 683 passed both Houses of theFlorida legislature on May 5, 2006.Assuming that the Governor allows thebill to become law, effective July 1, 2006,numerous changes will take place

relating to boat facility licensing in Florida.

Marina DRI Exemption

HB 683 contains numerous exemptions from Florida’scumbersome and costly Development of Regional Impact(DRI) review process. One of the more significant is anexemption for new marinas. Under HB 683 marinas,regardless of size, will no longer be subject to DRI review.See Section 380.06(24)(k) and Section 380.0651(3)(e), F.S.

Treatment of Existing Marina DRI DevelopmentOrders

HB 683 increased the “substantial deviation” thresh-olds for all DRI projects from 5% to 10%. In the caseof existing marinas, since the marina DRI is being elim-inated, new language added to Section 380.115(1)(a),F.S. (Vested Rights) provides that should a developerwith an existing marina DRI development order decideto continue under their existing development order, themarina’s substantial deviation threshold for changes tothe project’s percentage criteria will be doubled (i.e. to10%) and all other criteria increased by 10%. The billmakes it clear that a developer who currently holds amarina DRI development order may choose whether ornot to continue under that order or “rescind” the devel-opment order after meeting the marina’s required miti-gation. See Section 380.115(1) (b).

New Dry Storage Facility Permitting

Dry storage facilities for 10 or more vessels currentlyrequire DEP review. The current language outliningthis review is found in Section 380.0651(3)(e), F.S.. HB683 clarifies the existing language by requiring drystorage facilities for 10 or more vessels which are “func-tionally associated with a boat launch area” to seek apermit from either the Water Management District orthe DEP under Section 373.4132, F.S. If the drystorage facility is not functionally associated with a boatlaunch area, it does not need to go through this permit-ting but will usually need at least a stormwater permit.

The review of new dry storage facilities will beEnvironmental Resource Permit type analysis which willrequire the applicant to demonstrate that such a facilitywill not be harmful to water resources and that thesecondary impacts from the facility will not cause adverseimpacts to the functions of wetlands and surface waters,and will meet the public interest test of Section373.414(1)(a), F.S., including potential adverse impact tomanatees. See new Section 373.4132, F.S.

Surface Water Use Policies

The elimination of the marina DRI review processinvolves striking from Chapter 380’s considerablelanguage on Boat Facility Siting and other restrictivelanguage. In its place, the legislature substituted “encour-agement” to local governments who are required to adoptcoastal management elements to also adopt “recreationalsurface water use policies” to be included in theircomprehensive plans. These policies must consider suchfactors as natural resources, manatee protection needs,protection of working waterfronts and public access tothe water. In adopting these policies, the local govern-

Review continues on page 18

Pollock, and Dr. Timothy Ragen. For more details, see thebiological status review report on line athttp://myfwc.com/imperiledspecies/reports/Manatee-BSR.pdf

Other entities also are evaluating the status of theFlorida manatee. The IUCN is evaluating a proposedrecommendation by the Sirenian Specialist Group to listthe Florida manatee as endangered under their “red list”system. In addition, the U.S. Fish and Wildlife Service isseparately conducting a review of the manatee’s status tomeet requirements of the federal Endangered Species Act.

On June 7, Biological Status Review (Phase I) recom-mendations will be considered and FWC Commissionersmay then authorize staff to continue into Phase II of thelisting process -- which is development of a detailedmanagement plan, outlining specific protections for eachspecies.

At the beginning of Phase II for any listing action, FWCwill open a public comment period to solicit input fromcitizens about elements that they feel should be includedin the management plan for each species.

“This is a key entry point for the concerns of allconstituencies to be considered as the management plan is

drafted,” Haubold said. Public comments about draftmanagement plans will also be sought prior to finalizingthe plans.

If you would like to provide input about the proposedrecommendation to reclassify the manatee, attend theFWC meeting June 7. If staff are directed to moveforward into Phase II of the listing process (developmentof the management plan), you are encouraged to providewritten comments during the two open public commentperiods.

Once a final management plan is approved, the listingreclassification will take effect. If Phase II is initiated forthe manatee, staff tentatively anticipates completing themanatee management plan in Spring of 2007.

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Jim Stoutamire, DEP’s Administrator of Submerged Lands, andChuck Hungerford, chief of staff for the Joint Legislative

Committee on Intergovernmental Relations, taking a briefSaturday morning break.

Dan Gileo of Platinum Member Decks & Docks Lumber (center), isawarded a Silver Sponsor Plaque. A big meeting for Dan, who alsojoined the FMCA Board of Directors, replacing retiring directorEric Hermann. (l-r, Mike Jones, Stemic Marine; Steven Webster,FMCA; Shawn Roberts, Dan Gileo, Susan Svensson and GaryRoberts, Decks & Docks Lumber; Mike McCartney, American

Marine Construction.

Manatees, continued from page 10 A Strange Trip, continued from page 5

Steve Kern, Snavely Forest Productsand Paul Sieber, H&W, next to

Snavely’s new structural compositepilings (foreground).

FWC Meeting InfoTime: 8:30 a.m.Dates: June 7-8, 2006Place: West Palm Beach Marriott

1001 Okeechobee BoulevardWest Palm Beach, FL 33401(561)833-1234

see http://myfwc.com/commission/2006/June/index.html

When we arrived at the job with the barge, the housewas jacked up and ready to be moved. It didn’t take longto set out some big heavy duty “I” beams with plate steelon them to act as ramps. Then a big front-end loader wasused to push the 3,500 square foot, 160,000 pound, twostory house onto the barge. Of course it was very nervewracking putting the house on, but that was just the firstpart of this tricky job.

The next morning the spuds were lifted and we took offdown the Imperial River in Bonita Springs. The finaldestination was Boca Grande on Gasparilla Island.Basically we were moving from the southern end of LeeCounty to the northern end. On a normal day, in anormal boat, this trip would take about 3 hours. When

you are pushing a house it takes three 10 hour days.

The trip went very well with some expected tensemoments. Going through two bridges was exciting, espe-cially with hundreds of onlookers. There were only twocasualties along the way. Two channel markers were“accidentally” hit in a very narrow section of the channelbehind Fort Myers Beach. Of course, they were replacedimmediately.

When we arrived at the new site on Boca Grande thehouse was off the barge in no time with no problems.

Overall it took two crews, led by Deke Barnes and TravisBryant, and three boats to handle the move, and they did

a great job of handling their unusual cargo on theirtrip to Boca Grande.

by Mary Scott Gilbert, FWC PublicInformation Director

The Florida Fish and WildlifeConservation Commission(FWC) will consider listing

recommendations for four species onthe state’s imperiled species list onJune 7 at its’ meeting in West PalmBeach.

Commissioners will considerrecommendations to remove the baldeagle from the imperiled species list,reclassify the manatee from “endan-gered” to “threatened” and changethe status of both the gopher tortoiseand Panama City crayfish from“species of special concern” to“threatened.”

In April 2005, with significantpublic input, the FWC adopted aspecies listing process developed bythe world’s top conservation scien-

tists. The International Union forthe Conservation of Nature (IUCN)designed the process to judge species’risk of extinction using internation-ally respected scientific criteria.Florida adopted the five criteria ofthe IUCN and designated threeimperilment categories – endan-gered, threatened and species ofspecial concern. These three FWCcategories equate to the IUCN cate-gories of critically endangered,endangered and vulnerable, respec-tively.

“The IUCN process has been usedon more than 30,000 species and isused by over 30 countries world-wide,” said Dr. Elsa Haubold, FWCSpecies Conservation PlanningSection leader. “Florida’s new listingprocess is an improvement over theold system that listed species subjec-tively, with no clear yardstick, and

applied blanket protections ratherthan specific recovery actions foreach species.”

In June 2005, the FWC appointedfive members to the biological reviewpanel to evaluate the status of theFlorida manatee under FWC’s newprocess. Dr. Haubold chaired thepanel. Other members were DawnJennings (U.S. Fish and WildlifeService), Dr. Jane Packard (TexasA&M University), Jane Provancha(Dynamac Corporation), and Dr.Michael Runge (U.S. GeologicalSurvey). The group evaluated avail-able information and determined themanatee met two of the criteria forlisting the species as threatened (aspecies need meet only one of thefive criteria). The biological statusreview was then reviewed by fourpeer reviewers – Dr. Michael Conroy,Dr. Helene Marsh, Dr. Kenneth FF

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The State Workers’ Comp Statute(see below) offers little wiggle room.By July 1, 2007, all marine construc-tion WC will be written under 6006F.Without this coverage, or without avalid Certificate of Exemption,permits cannot be released by law.

Even with plenty of advance notice(like this), the changeover period willbe difficult.

Florida insurance agents, post 7/1,will be deluged with calls from non-members without coverage from aqualified carrier.

No one wants to be on hold whenthat mess erupts. The best advice is:Call your agent now! FMCA’sProfessional Members who offerinsurance understand what’shappening. If your agent is not anFMCA member, you may want to

find an insurance agent who is:www.fmca.us/members.html.

The Relevant State Statute

440.103 Building permits; identifica-tion of minimum premium policy.--Every employer shall, as a condition toapplying for and receiving a buildingpermit, show proof and certify to thepermit issuer that it has securedcompensation for its employees underthis chapter as provided in ss. 440.10and 440.38. Such proof of compensa-tion must be evidenced by a certificateof coverage issued by the carrier, avalid exemption certificate approvedby the department, or a copy of theemployer's authority to self-insure andshall be presented each time theemployer applies for a building permit.As provided in s. 627.413(5), eachcertificate of coverage must show, onits face, whether or not coverage issecured under the minimum premium

provisions of rules adopted by ratingorganizations licensed pursuant to s.627.221. The words "minimumpremium policy" or equivalentlanguage shall be typed, printed,stamped, or legibly handwritten.

Lori Lovgren, State RelationsExecutive for the NationalCouncil on Compensation

Insurance, took Saturday GeneralMeeting attendees by the

numbers through the new marineconstruction class code, 6006F.

Workers’ Comp continues from page 7

Manatees continues on page 16

FWC To Consider Reclassifying Four Species, Including Manatees

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NAME ___________________________________ COMPANY _____________________________

ADDRESS _______________________________________________________________________

CITY __________________________ STATE/PROVINCE _____ ZIP ___________

PHONE _________________________ FAX ___________________________

EMAIL __________________________________________________r Contractor Member ($500) r Associate Member ($500) REFERRED BY _______________________________r Professional Member ($250)

EARN YOUR ANCHOR! RECRUIT A MEMBER TODAY.Fax this form to FMCA at 321/452-9517 or call 321/453-3051 to apply.

FMCA Welcomes Ninth and Tenth Platinum Members:Golden Boat Lifts and PPWby Steven Webster

The Association’s most select club is complete: Golden Boat Lifts and PPW (ParksitePlunkett-Webster) have become our ninth and tenth Charter Platinum ClubMembers.

With Bill Golden’s announcement at the Mini that brought GoldenBoat Lifts to the Club (“and the occasional Tiki Hut,” reminds Bill),Rick Fisher’s recruitment of LP WeatherBest to the Final Ten inApril, and Gus Stritt’s successful campaign to bring in PPW, the 10-member Platinum Member Club envisioned by former Treasurer JoeMcCloskey, is a reality.

What, exactly, does this do?

First — being an ad and PR guy from way back when — it’s some-thing other members now wish they had done. Platinum Members areon the cover of every ADVOCATE!

Second, the $50,000 Platinums jointly contributed has fundednearly two years’ worth of meeting planning and lobbying costs. Wenow have Expos and Mini Expos. We have won major improvementsin our insurance industry battles, and have made huge progress inour permitting campaign. Just as Joe envisioned, these successes havebrought in more members and have helped transform the blacksheep of the marine industry — contractors — into a ram that canhold its own and then some.

In a word, Platinum Members sparked the TRANSFORMATIONof our Association. Thank you, Joe. Thank you, everyone.

Since the Anchor Award recruitment programwas launched in January, 2004, FMCA hasawarded 20 Anchors. Members earn their

Anchors by recruiting two new members. Eachyear, the top recruiting Anchor is named

Anchor of the Year. Anchors who recruit 22members become Members For Life and neverpay dues again. Congratulations to Paul Sieber

of H&W, and Eric Hermann of Industrial &Marine Hardware, our 2004 and 2005 Anchor

Award winners.

Bill Golden (l) and Pete Diaz, (f) joined FMCA’sPlatinum Member Club during the Mini Expo. Inthe middle is FMCA Director Val Grabowski of

Heritage Docks.

THE CHARTER PLATINUM ROSTER IS NOW COMPLETE!

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The 2006 Mini Expoopened Friday, May 5,with a Dock Permitting

Workshop attended by some55 members (and several non-members). The PermittingWorkshop was the first step ina multi-year plan to create apermitting process that isunderstandable and accept-able to builder, regulator andowner alike.

Amazingly, no headsexploded when this goal wasannounced. Perhaps moreamazingly, this is a goal that allparties in attendance —including high-ranking legisla-tive and agency personnel —dream about.

Next Steps

At FMCA’s request, the JointLegislative Committee onIntergovernmental Relationshas begun work on a six-pointreview of dock permittingissues (see April 2005), calledan Interim Report. The purposeof our Workshop was toprovide direction regardingthese issues. The chief of stafffor the Committee, ChuckHungerford, participated in theworkshop, as did representa-tives of the firms contracted tomanage the Aquatic PreserveManagement Plan updates,and Office of Boating andWaterways regulatory signageprograms.

Mr. Hungerford is rarin’ togo. The next meeting toadvance the six items willlikely have taken place (May30) before you read thissummation.

What Then?

The JLCIR Interim Report willrecommend changes to lawsand rules needed to resolveidentified issues.

By the Annual Dock &Marine Expo, the Reportshould be nearly final andready for review. Workshopparticipants then decidewhether to endorse, reject,amend, or accept the Report.

What we do between nowand October will determine theacceptability of the JLCIRreport, and subsequentlegislative and agency actions.

How to Get Involved

If you didn’t attend the work-shop and now realize: “Holymoly! I better get on this!” Thecost to sign up is $200, whichyou can do on the fmcawebsite at www.fmca.us/store.

If you attended, please emailyour completed workbook to:execdir@fmca.us

ORmail it to:FMCA Permitting2569 Newfound Harbor DriveMerritt Island, FL 32952

Most important: if you wantto serve on the specialcommittee investigating theseissues, please email ASAP:execdir@fmca.us.

Realistically, expect to spend2-6 hours/week. There go yourevenings!

by Steven WebsterExecutive Director

2006 Mini Permitting Workshop

Register Onlinewww.fmca.us/expo

LUCKY WINNERS!Newly appointed Conventions Chair Lori Sousa,Dealer Risk Services, with Michael Tellex, Dock &Marina Products, and Platinum Club Member Rick

Fisher, LP WeatherBest, each the winner of aCarnival Cruise Lines Cruise!

Jan Delaney, from Florida’s Dept. of EnvironmentalProtection and the driving force behind the highly

successful Clean Marina and Clean Boatingprograms, examines RDI Rail’s materials, with

Harry Hoffman and Zach Fornuto.

Vice President Mike Jones and wife Melanie Jonesof Stemic Marine listen as Doug Speeler of

Speeler Services, expounds.

Shailesh Patel, newProfessional Member

from Dredging &Marine Construction,

quickly learned thatmembership in FMCAhas its privileges: he

won the 50-50drawing minutes afterjoining! Conventions

Chair Lori Sousa handed over the dough.The 50-50drawings fund FMCA’s Anchor of the Year Award

program.

Kristy Tingle (center), with (l-r) FMCA VP Mike Jones;Legal Seminar presenter Chris Staine of law firm Abel

Band; FMCA President Mike McCartney; and presenterAnthony Abate, Abel Band.

Rick Trottier, of MiniExpo Sponsor CorrectDeck Products, shows

President MikeMcCartney (l), the

finer points ofCorrect’s no-skid,non-stain surfaces.Rick wins second-

longest distance trav-eled. He’s from Maine,

which is actuallyfarther away thanThru-Flow, from

Ontario.

facing contractors. Ace Boat Lifts later won theAssociation’s first-ever Best of Show Award, narrowlydefeating Brinker Brown. Ace once again sets the standard!

David Humphreys of Hi-Tide Boat Lifts. He stepped up asDiamond Sponsor and recommended the location. ThenDavid said: “Do with the money what you think is best forthe Association.” In a strange way, that almost made ittougher to do, because it was such a noble, no-stringsoffer! Hi-Tide is a great company, led by a great guy.

Finally, yet hardly last, our Meeting Planner, Meg SlentzNagy. The glue that holds our meetings together, and theoil that makes it work. All members planning any event —from Presidential Inaugurations to bat mitzvahs — callMeg: 321-733-2670.

Ah! And thank you Narce McCartney, our camera woman.Almost all the photos in this issue are hers! (And anyediting issues are mine; goodness, I can’t take ‘em, and Ican’t edit them, either.) And thank you to Peggy Mathews,who brainstormed the permitting workshop, then stuck mewith it, when her lung collapsed…. All members in need ofspecific assistance in Tallahassee – legislators and espe-cially agencies – call Peggy. 850-877-3848.

It could be this...Treated Wood Council’s Jeff Miller helped rescue Florida contrac-

tors from unfounded restrictions on treated wood pilingsproposed for South Florida earlier this year. He shared his vastexpertise with members during the Saturday general meeting.

...Or it could be that.

Dean Matthews of theTimber Piling Council

updated members on theCouncil’s advocacy

efforts, and itsoutstanding standards

specifications programs.(Dean also won theaward for furthest

distance traveled, comingfrom just outside Seattle!)

Mini Expo Review continued from page 3

2006 Dock & Marine Expo ExhibitorPre-Registration is Open Online!

Rates for the 2006 Expo, Oct. 13-15, are $600 perbooth and $400 per tabletop display.

BUT, register online before May 31 and save $50 onevery booth and $25 on every tabletop.

á