House Bill 3427c1

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    Florida House of Representatives - 1998             CS/HB 3427

        By the Committee on Environmental Protection and
    Representatives Jones, Bloom, King, Roberts-Burke, Barreiro,
    Lacasa, Lynn, Eggelletion, Bradley, Betancourt, Crow, Peaden,
    Posey, Sembler, Wiles, Fischer, Murman, Gay, Mackey, Carlton,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to funding for beach

  3         management; amending s. 161.088, F.S.;

  4         providing a legislative declaration that beach

  5         restoration and renourishment projects are in

  6         the public interest and shall be funded in a

  7         specified manner; amending s. 161.091, F.S.;

  8         providing for funding of the state's beach

  9         management plan through the Ecosystem

10         Management and Restoration Trust Fund;

11         providing that designated funds be deposited in

12         the trust fund and that funds in the trust fund

13         be used to fully implement the beach management

14         plan prior to being used for any other purpose;

15         amending s. 161.101, F.S.; authorizing the

16         Department of Environmental Protection to

17         implement regional components of the beach

18         management plan, to enter into agreements to

19         cost-share and coordinate such activity, and to

20         sponsor or cosponsor beach management

21         demonstration projects; providing criteria to

22         be considered in determining annual funding

23         priorities for beach management projects;

24         providing for reductions in local sponsors'

25         cost shares; amending s. 161.161, F.S.;

26         providing for regional components of the

27         statewide beach management plan; providing for

28         submission of funding recommendations to the

29         Legislature; deleting obsolete provisions;

30         amending s. 201.15, F.S.; providing for

31         appropriation of certain documentary stamp tax

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  1         revenues to the trust fund for purposes of

  2         beach preservation and repair; providing an

  3         effective date.

  4

  5         WHEREAS, Florida's number one tourist attraction is its

  6  beaches, and

  7         WHEREAS, according to the Office of Tourism, Trade, and

  8  Economic Development, some 43 million tourists visited Florida

  9  in 1996, spending $37.9 billion in taxable sales and creating

10  781,400 travel-related jobs, and

11         WHEREAS, more than half of all tourists coming to

12  Florida spend at least part of their vacation on its beaches,

13  and

14         WHEREAS, in a recent study over 60 percent of the beach

15  tourists in Broward County said they would not return if there

16  were no beaches, and

17         WHEREAS, Florida's beaches produced additional state

18  sales and use tax revenues in excess of $500 million in 1996,

19  and

20         WHEREAS, Florida's beaches and dunes provide

21  environmentally compatible storm protection to both developed

22  and undeveloped upland property, protecting more than $150

23  billion in taxable property values in the state, and

24         WHEREAS, the Legislature in 1986, pursuant to s.

25  161.088, Florida Statutes, recognized that uncontrolled beach

26  erosion was a serious threat to the economic and general

27  welfare of the state and its people and that in many areas

28  beach erosion had already advanced to emergency proportions,

29  and

30         WHEREAS, since this declaration over a decade ago, the

31  health of Florida's beaches has further deteriorated and

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  1  continues to deteriorate to such an extent that over one-third

  2  of the state's beaches are now critically eroded or eroding,

  3  are no longer providing effective upland storm protection, and

  4  as a result have lost much of their value to tourism, and

  5         WHEREAS, the Legislature recognizes the urgency of the

  6  problem and declares its intent to fund a comprehensive,

  7  long-range beach management plan for erosion control; beach

  8  preservation, restoration, and renourishment; and storm and

  9  hurricane protection, and

10         WHEREAS, the Legislature has already allocated a

11  portion of the excise tax on documents for beach acquisition

12  and land management, and

13         WHEREAS, the Legislature has determined that it is also

14  appropriate to fund the preservation, restoration, and

15  management of Florida's beaches from the same revenue source,

16  NOW, THEREFORE,

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 161.088, Florida Statutes, is

21  amended to read:

22         161.088  Declaration of public policy respecting beach

23  erosion control and beach restoration and renourishment

24  projects.--Because beach erosion is a serious menace to the

25  economy and general welfare of the people of this state and

26  has advanced to emergency proportions, it is hereby declared

27  to be a necessary governmental responsibility to properly

28  manage and protect Florida beaches from erosion and that the

29  Legislature make provision for beach restoration and

30  renourishment projects. The Legislature declares that such

31  beach restoration and renourishment projects, as approved

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  1  pursuant to s. 161.161, are in the public interest. Given the

  2  extent of the problem of critically eroding beaches, it is

  3  also declared that beach restoration and renourishment

  4  projects shall be funded in a manner that encourages all

  5  cost-saving strategies, fosters regional coordination of

  6  projects, improves the performance of projects, and provides

  7  long-term solutions. The Legislature further declares that

  8  nothing herein is intended to reduce or amend the beach

  9  protection programs otherwise established in this chapter or

10  to result in local governments altering the coastal management

11  elements of their local government comprehensive plans

12  pursuant to chapter 163.

13         Section 2.  Section 161.091, Florida Statutes, is

14  amended to read:

15         161.091  Beach management; funding; repair and

16  maintenance strategy.--

17         (1)  Subject to such appropriations as the Legislature

18  may make therefor from time to time, disbursements from the

19  Ecosystem Management and Restoration Florida Permit Fee Trust

20  Fund may be made by the division subject to the approval of

21  the department in order to carry out the proper state

22  responsibilities in a comprehensive, long-range, statewide

23  beach management plan for erosion control; beach preservation,

24  beach restoration, and beach renourishment; and storm and

25  hurricane protection. The department shall make a concerted

26  effort to identify an additional dedicated revenue source to

27  fund the beach management plan.

28         (2)  In concert with any increased funding, The

29  department shall develop a corresponding multiyear repair and

30  maintenance strategy that:

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  1         (a)  Encourages regional approaches to ensure Ensures

  2  the geographic coordination and sequencing of prioritized

  3  projects;

  4         (b)  Reduces equipment mobilization and demobilization

  5  costs;

  6         (c)  Maximizes the infusion of beach-quality sand into

  7  the system;

  8         (d)  Extends the life of beach nourishment projects and

  9  reduces the frequency of renourishment; and

10         (e)  Promotes inlet sand bypassing to replicate the

11  natural flow of sand interrupted by inlets and ports.

12         (3)  In accordance with the intent expressed in s.

13  161.088 and the legislative finding that erosion of the

14  beaches of this state is detrimental to tourism, the state's

15  major industry, further exposes the state's highly developed

16  coastline to severe storm damage, and threatens beach-related

17  jobs, which, if not stopped, could significantly reduce state

18  sales tax revenues, funds deposited into the State Treasury to

19  the credit of the Ecosystem Management and Restoration Trust

20  Fund, in the annual amounts provided in s. 201.15(8), shall be

21  used, for a period of not less than 15 years, to fund the

22  development, implementation, and administration of the state's

23  beach management plan, as provided in ss. 161.091-161.212,

24  prior to the use of funds in that trust fund for any other

25  purpose.

26         Section 3.  Section 161.101, Florida Statutes, is

27  amended to read:

28         161.101  State and local participation in authorized

29  projects and studies relating to beach management and erosion

30  control.--

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  1         (1)  The Legislature recognizes that beach erosion is a

  2  statewide problem that does not confine its effects to local

  3  governmental jurisdictions and that beach erosion can be

  4  adequately addressed most efficiently by a state-initiated

  5  program of beach restoration and beach renourishment. However,

  6  since local beach communities derive the primary benefits from

  7  the presence of adequate beaches, a program of beach

  8  restoration and beach renourishment should not be accomplished

  9  without a commitment of local funds to combat the problem of

10  beach erosion. Accordingly, the Legislature declares that the

11  state, through the department, shall determine those beaches

12  which are critically eroding and in need of restoration and

13  renourishment and may authorize appropriations to pay up to 75

14  percent of the actual costs for restoring and renourishing a

15  critically eroded beach. The local government in which the

16  beach is located shall be responsible for the balance of such

17  costs.

18         (2)  To carry out the beach and shore preservation

19  programs, the department is hereby constituted as the beach

20  and shore preservation authority for the state. In this

21  capacity, the secretary of the department may at his or her

22  own initiative take all necessary steps as soon as practicable

23  and desirable to implement the provisions of this chapter.

24         (3)  Whenever a beach erosion control project has been

25  authorized by Congress for federal financial participation in

26  accordance with any Act of Congress relating to beach erosion

27  control in which nonfederal participation is required, it

28  shall be the policy of the state to assist with an equitable

29  share of such funds to the extent that funds are available, as

30  determined by the department.

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  1         (4)  The department, for itself or on behalf of any and

  2  all duly established beach and shore preservation districts

  3  and local governments within the state, may enter into

  4  cooperative agreements and otherwise cooperate with, and meet

  5  the requirements and conditions (including, but not limited

  6  to, execution of indemnification agreements) of, federal,

  7  state, and other local governments and political entities, or

  8  any agencies or representatives thereof, for the purpose of

  9  improving, furthering, and expediting the beach management

10  program.

11         (5)  The department is authorized, for and on behalf of

12  the state, to accept such federal moneys for beach erosion

13  control as are available and to sign all necessary agreements

14  therefor and to do and perform all necessary acts in

15  connection therewith to effectuate the intent and purposes of

16  this act.

17         (6)  The department is authorized to make application

18  for federal participation in the cost of any beach and shore

19  preservation project under any Acts of Congress and all

20  amendments thereto.

21         (7)  The department is authorized to implement regional

22  components of the beach management plan pursuant to ss.

23  161.091 and 161.161 and, where appropriate, to enter into

24  agreements with the Federal Government, inlet districts, port

25  authorities, intercoastal waterway districts, and local

26  governments to cost-share and coordinate such activity.

27         (8)  The department is authorized to sponsor or

28  cosponsor demonstration projects of new or innovative

29  technologies which have the potential to reduce project costs,

30  conserve beach quality sand, extend the life of beach

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  1  nourishment projects, and improve inlet sand bypassing

  2  pursuant to s. 161.091.

  3         (9)(7)  The department is authorized to pay up to 100

  4  percent of the construction and maintenance costs of projects

  5  authorized for construction pursuant to subsection (16) (11)

  6  when construction and maintenance are on lands of which the

  7  state is the upland riparian owner.

  8         (10)(8)  With regard to a project approved in

  9  accordance with s. 161.161, the department is authorized to

10  pay from legislative appropriations specifically provided for

11  these purposes an amount up to 75 percent of the actual costs

12  of the approved project, including, but not limited to, the

13  costs for:

14         (a)  Project design engineering and construction

15  supervision and inspection;

16         (b)  Biological monitoring;

17         (c)  Inlet sand transfer projects;

18         (d)  Dune revegetation and stabilization;

19         (e)  Restoration, renourishment, or feeder beach

20  project costs;

21         (f)  Construction easements, rights-of-way, public

22  access easements, and vehicle parking spaces;

23         (g)  Obtaining required permits;

24         (h)  Establishing erosion control lines;

25         (i)  Enhancement of marine turtle propagation; and

26         (j)  Sand-source studies.

27         (11)(9)  The intent of the Legislature in preserving

28  and protecting Florida's sandy beaches pursuant to this act is

29  to direct beach erosion control appropriations to the state's

30  most severely eroding beaches, and to prevent further adverse

31  impact caused by navigation inlets, coastal armoring, or

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  1  existing upland development. In establishing annual project

  2  funding priorities, the department shall seek formal input

  3  from local coastal governments, beach and general government

  4  interest groups, and university experts. Criteria to be

  5  considered by the department in determining annual funding

  6  priorities shall include:

  7         (a)  The severity of erosion conditions, the threat to

  8  existing upland development, and recreational and/or economic

  9  benefits.

10         (b)  The availability of federal matching dollars.

11         (c)  The extent of local government sponsor financial

12  and administrative administration commitment to the project,

13  including a long-term financial plan with a designated funding

14  source or sources for initial construction and periodic

15  maintenance.

16         (d)  Previous state commitment and involvement in the

17  project.

18         (e)  The anticipated physical performance of the

19  proposed project, including the frequency of periodic planned

20  renourishment.

21         (f)  The extent to which the proposed project mitigates

22  the adverse impact of navigation inlets on adjacent beaches.

23         (g)  Innovative, cost-effective, and environmentally

24  sensitive applications to reduce erosion.

25         (h)  Proposed beach nourishment projects that provide

26  enhanced habitat within or adjacent to designated refuges of

27  nesting sea turtles.

28         (i)  The extent to which local or regional sponsors of

29  beach erosion control projects agree to coordinate the

30  planning, design, and construction of their projects to take

31  advantage of identifiable cost savings.

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  1         (12)(10)  Until the unmet demand for repairing

  2  Florida's damaged beaches and dunes is satisfied, it is the

  3  further intent of the Legislature to cost-share such projects

  4  equally between the state and local sponsors.

  5         (13)  In order to encourage regional approaches that

  6  provide cost savings, and notwithstanding subsection (12),

  7  actual cost savings that can be documented as resulting from

  8  geographic coordination and sequencing of two or more discrete

  9  erosion control projects shall proportionally reduce each

10  local sponsor's cost share as long as the state financial

11  participation does not exceed 75 percent as provided by

12  subsection (10).

13         (14)(11)  The selection of a project engineer

14  acceptable to the department by local government as project

15  sponsor shall be on the basis of competitive negotiation as

16  provided in chapter 287. The project sponsor shall assume full

17  responsibility for all project costs in excess of the state

18  cost limitation.

19         (15)(12)  A local government desiring to initiate and

20  pay the entire cost of designing, constructing, and

21  maintaining an erosion control project prior to the state's

22  initiating such construction may be reimbursed from state

23  funds on the basis of the procedures set forth in s. 161.161,

24  provided the project is approved by the department before

25  initiation of construction and based on legislative

26  appropriations and whether it furthers the provisions of s.

27  161.161. Such local interests shall, as project sponsor, be

28  responsible for obtaining federal reimbursement in the case of

29  federal-aid projects.

30         (16)(13)  The department may expend funds from the

31  Ecosystem Management and Restoration Trust Fund to alleviate

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  1  emergency conditions, upon a declaration, after a hearing, by

  2  the Governor and Cabinet that a shoreline emergency of state

  3  concern exists. Any expenditures made for this purpose shall

  4  be pursuant to legislative appropriations or from amendments

  5  to original approved operating budgets authorized pursuant to

  6  s. 216.181.

  7         (17)(14)  Twenty-five percent of any funds appropriated

  8  for implementation of this section shall be held by the

  9  department until the last quarter of the fiscal year for which

10  the appropriation is made. This amount shall be used to meet

11  emergencies prescribed in subsection (16) (11). If no such

12  emergencies occur, then these funds may be released in the

13  last quarter of the fiscal year in which the appropriation is

14  made for projects.

15         (18)(15)  The department shall maintain a current

16  project listing and may, in its discretion and dependent upon

17  the availability of local resources and changes in the

18  criteria listed in s. 161.161, revise the project listing.

19         Section 4.  Section 161.161, Florida Statutes, is

20  amended to read:

21         161.161  Procedure for approval of projects.--

22         (1)  The division shall develop and maintain a

23  comprehensive long-term management plan for the restoration of

24  the state's critically eroding beaches. The beach management

25  plan shall:

26         (a)  Address long-term solutions to the problem of

27  critically eroding beaches in this state.

28         (b)  Evaluate each improved coastal beach inlet and

29  determine whether the inlet is a significant cause of beach

30  erosion. With respect to each inlet determined to be a

31  significant cause of beach erosion, the plan must include:

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  1         1.  The extent to which such inlet causes beach erosion

  2  and recommendations to mitigate the erosive impact of the

  3  inlet, including, but not limited to, recommendations

  4  regarding inlet sediment bypassing; modifications to channel

  5  dredging, jetty design, and disposal of spoil material;

  6  establishment of feeder beaches; and beach restoration and

  7  beach renourishment; and

  8         2.  Cost estimates necessary to take inlet corrective

  9  measures and recommendations regarding cost sharing among the

10  beneficiaries of such inlet.

11         (c)  Specify design criteria for beach restoration and

12  beach renourishment projects, including, but not limited to:

13         1.  Dune elevation and width and revegetation and

14  stabilization requirements; and

15         2.  Beach profile.

16         (d)  Evaluate the establishment of feeder beaches as an

17  alternative to direct beach restoration and recommend the

18  location of such feeder beaches and the source of

19  beach-compatible sand.

20         (e)  Identify causes of shoreline erosion and change,

21  calculate erosion rates, and project long-term erosion for all

22  major beach and dune systems by surveys and profiles.

23         (f)  Identify shoreline development and degree of

24  density and assess impacts of development and shoreline

25  protective structures on shoreline change and erosion.

26         (g)  Identify short-term and long-term economic costs

27  and benefits of beaches, including recreational value to user

28  groups, tax base, revenues generated, and beach acquisition

29  and maintenance costs.

30         (h)  Study dune and vegetation conditions.

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  1         (i)  Identify beach areas used by marine turtles and

  2  develop strategies for protection of the turtles and their

  3  nests and nesting locations.

  4         (j)  Identify alternative management responses to

  5  preserve undeveloped beach and dune systems, to restore

  6  damaged beach and dune systems, and to prevent inappropriate

  7  development and redevelopment on migrating beaches, and

  8  consider beach restoration and renourishment, armoring,

  9  relocation and abandonment, dune and vegetation restoration,

10  and acquisition.

11         (k)  Establish criteria, including costs and specific

12  implementation actions, for alternative management techniques.

13         (l)  Select and recommend appropriate management

14  measures for all of the state's sandy beaches in a beach

15  management program.

16         (m)  From the beach management plan, establish a list

17  of beach restoration and beach renourishment projects,

18  arranged in order of priority, and the funding levels needed

19  for such projects.

20

21  The beach management plan may be prepared at the regional

22  district level based upon areas of greatest need and probable

23  federal funding. Such regional district plans shall be

24  components of the statewide beach management plan and shall

25  serve as the basis for state funding decisions upon approval

26  in accordance with chapter 86-138, Laws of Florida. In

27  accordance with a schedule established for the submission of

28  regional district plans by the department, any completed plan

29  must be submitted to the secretary of the department for

30  approval no later than March 1 of each year. These regional

31  district level plans shall include, but shall not be limited

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  1  to, recommendations of appropriate funding mechanisms for

  2  implementing projects in the beach management plan, giving

  3  consideration to the use of single-county and multicounty

  4  taxing districts or other revenue generation measures by state

  5  and local governments and the private sector. Prior to

  6  presenting the plan to the secretary of the department, the

  7  department shall hold a public meeting in the areas or

  8  district for which the plan is prepared. The district plan

  9  submission schedule shall be submitted to the secretary for

10  approval. Any revisions to such schedule must be approved in

11  like manner.

12         (2)  In establishing the recommended list of

13  restoration and renourishment projects described in subsection

14  (1), the division shall consider and balance the following

15  criteria:

16         (a)  The estimated demand user-occasions that would be

17  served by increased beach area;

18         (b)  The extent of existing and threatened damage to

19  property from beach erosion;

20         (c)  The prospect for long-term success of the

21  restoration or renourishment project, as measured by the

22  anticipated amount and frequency of future renourishment;

23         (d)  The location of the beach relative to the

24  statewide effort to control the erosion of the beaches;

25         (e)  The total anticipated costs of the project,

26  including the costs for restoration and for periodic

27  renourishment;

28         (f)  The proximity of an adequate source of

29  beach-compatible sand;

30         (g)  The quality of the sand proposed to be used;

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  1         (h)  The degree of public access to the beach,

  2  including adequate vehicle parking or consolidated public

  3  access points, taking into account existing access points and

  4  local public access needs;

  5         (i)  The extent of public support for the project;

  6         (j)  The anticipated impact of the project on natural

  7  resources, including, but not limited to, impacts on coral,

  8  worm and rock reefs, submerged and emergent vegetation,

  9  fishing resources, and turtle nesting;

10         (k)  The extent to which the local governments in the

11  area of the project have enacted ordinances or other

12  regulations to protect sea turtles from the adverse effects of

13  beachfront lighting.

14

15  The extent to which the foregoing criteria are addressed in a

16  net positive manner shall result in a greater priority being

17  assigned to those projects. In addition to consideration of

18  criteria listed in this subsection, a project, in order to

19  receive state funds, must provide for public access in

20  substantial compliance with paragraph (h) and must provide for

21  protection for those historically established habitats

22  identified in paragraph (j) and for endangered and threatened

23  species.

24         (3)  Upon approval of the beach restoration management

25  plan by the department, the secretary shall present to the

26  President of the Senate, the Speaker of the House of

27  Representatives, and the chairs of the legislative

28  appropriations committees recommendations for funding of beach

29  erosion control projects. Such recommendations, compiled by

30  region, shall be presented to such members of the Legislature

31  in the priority order specified in the plan and established

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  1  pursuant to criteria contained in subsection (2) and s.

  2  161.101(11) Board of Trustees of the Internal Improvement

  3  Trust Fund written recommendations for the funding of the

  4  beach restoration and beach renourishment projects according

  5  to the priority specified in the beach restoration management

  6  plan. Each year thereafter, the department shall present to

  7  the head of the department written recommendations for the

  8  funding of those projects that remain in need of restoration

  9  and renourishment pursuant to the approved list.

10         (4)  Once Upon receipt of the written recommendation

11  and certification from the department with respect to a

12  project, the board of trustees shall decide whether, in light

13  of existing needs throughout the state, the project should be

14  pursued. In determining whether a project is determined to

15  should be undertaken, the board of trustees shall consider the

16  criteria specified in this section relative to the project. If

17  the board of trustees determines that a project should be

18  pursued, it shall forthwith conduct a survey of all or part of

19  the shoreline within the jurisdiction of the local government

20  in which the beach is located shall be conducted in order to

21  establish the area of beach to be protected by the project and

22  locate an erosion control line. No provision of ss.

23  161.141-161.211 shall be construed as preventing a local

24  government from participating in the funding of erosion

25  control projects or surveys undertaken in accordance with the

26  provisions of ss. 161.141-161.211. In lieu of conducting a

27  survey, the board of trustees may accept and approve a survey

28  as initiated, conducted, and submitted by the appropriate

29  local government if said survey is made in conformity with the

30  appropriate principles set forth in ss. 161.141-161.211.

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  1         (5)  Upon completion of the survey depicting the area

  2  of the beach erosion control project and the proposed location

  3  of the erosion control line, the board of trustees shall give

  4  notice of the survey and the date on which the board of

  5  trustees will hold a public hearing for the purpose of

  6  receiving evidence on the merits of the proposed project and,

  7  if approval is granted, of locating and establishing such

  8  requested erosion control line. Such notice shall be by

  9  publication in a newspaper of general circulation published in

10  the county or counties in which the proposed beach erosion

11  control project shall be located not less than once a week for

12  3 consecutive weeks and by mailing copies of such notice by

13  certified or registered mail to each riparian owner of record

14  of upland property lying within 1,000 feet (radial distance)

15  of the shoreline to be extended through construction of the

16  proposed beach erosion control project, as his or her name and

17  address appear upon the latest tax assessment roll, in order

18  that any persons who have an interest in the beach erosion

19  control project or in the location of such requested erosion

20  control line can be present at such hearing to submit their

21  views concerning necessity for the project and the precise

22  location of the proposed erosion control line. Such notice

23  shall be in addition to any notice requirement in chapter 120.

24         (6)  The board of trustees shall approve or disapprove

25  the beach restoration or beach renourishment project as it

26  affects sovereignty lands. If approval is granted, the

27  secretary shall authorize the expenditure from legislative

28  appropriations specifically provided for these purposes of the

29  amount necessary to pay for up to 75 percent of the costs of

30  the project, and the board of trustees shall establish the

31  location of the erosion control line. In locating said line,

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  1  the board of trustees shall be guided generally by the

  2  existing line of mean high water, bearing in mind the

  3  requirements of proper engineering in the erosion control

  4  project, the extent to which erosion or avulsion has occurred,

  5  and the need to protect existing ownership of as much upland

  6  as is reasonably possible.

  7         (7)  In no event shall the department undertake a beach

  8  restoration or beach renourishment project pursuant to chapter

  9  86-138, Laws of Florida, where a local share is required

10  without the approval of the local government or governments

11  responsible for that local share.

12         (8)  The department shall adopt rules for reviewing and

13  determining projects eligible for state funds.

14         (9)  The intent of the Legislature in preserving and

15  protecting Florida's sandy beaches pursuant to this act is to

16  direct beach erosion control appropriations to the state's

17  most severely eroding beaches, and to prevent further adverse

18  impact caused by navigation inlets, coastal armoring, or

19  existing upland development.  In establishing annual project

20  funding priorities, the department shall seek formal input

21  from local coastal governments, beach and general government

22  interest groups, and university experts.  Criteria to be

23  considered by the department in determining annual funding

24  priorities shall include:

25         (a)  The severity of erosion conditions, the threat to

26  existing upland development, and recreational and/or economic

27  benefits.

28         (b)  The availability of federal matching dollars.

29         (c)  The extent of local government sponsor financial

30  and administration commitment to the project.

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  1         (d)  Previous state commitment and involvement in the

  2  project.

  3         (e)  The anticipated physical performance of the

  4  proposed project, including the frequency of periodic planned

  5  renourishment.

  6         (f)  The extent to which the proposed project mitigates

  7  the adverse impact of navigation inlets on adjacent beaches.

  8         (g)  Innovative, cost-effective, and environmentally

  9  sensitive applications to reduce erosion.

10         (10)  Until the unmet demand for repairing Florida's

11  damaged beaches and dunes is satisfied, it is the further

12  intent of the Legislature to cost-share such projects equally

13  between the state and local sponsors.

14         Section 5.  Section 201.15, Florida Statutes, is

15  amended to read:

16         201.15  Distribution of taxes collected.--All taxes

17  collected under this chapter shall be subject to the service

18  charge imposed in s. 215.20(1) and shall be distributed as

19  follows:

20         (1)  Sixty-two and sixty-three hundredths percent of

21  the remaining taxes collected under this chapter shall be used

22  for the following purposes:

23         (a)  Subject to the maximum amount limitations set

24  forth in this paragraph, an amount as shall be necessary to

25  pay the debt service on, or fund debt service reserve funds,

26  rebate obligations, or other amounts with respect to bonds

27  issued pursuant to s. 375.051 and payable from moneys

28  transferred to the Land Acquisition Trust Fund pursuant to

29  this paragraph shall be paid into the State Treasury to the

30  credit of the Land Acquisition Trust Fund to be used for such

31  purposes. The amount transferred to the Land Acquisition Trust

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  1  Fund shall not exceed $90 million in fiscal year 1992-1993,

  2  $120 million in fiscal year 1993-1994, $150 million in fiscal

  3  year 1994-1995, $180 million in fiscal year 1995-1996, $210

  4  million in fiscal year 1996-1997, $240 million in fiscal year

  5  1997-1998, $270 million in fiscal year 1998-1999, and $300

  6  million in fiscal year 1999-2000 and thereafter. No individual

  7  series of bonds may be issued pursuant to this paragraph

  8  unless the first year's debt service for such bonds is

  9  specifically appropriated in the General Appropriations Act.

10  No moneys transferred to the Land Acquisition Trust Fund

11  pursuant to this paragraph, or earnings thereon, shall be used

12  or made available to pay debt service on the Save Our Coast

13  revenue bonds.

14         (b)  The remainder of the moneys distributed under this

15  subsection, after the required payment under paragraph (a),

16  shall be paid into the State Treasury to the credit of the

17  Land Acquisition Trust Fund and may be used for any purpose

18  for which funds deposited in the Land Acquisition Trust Fund

19  may lawfully be used. Payments made under this paragraph shall

20  continue until the cumulative amount credited to the Land

21  Acquisition Trust Fund for the fiscal year under this

22  paragraph and paragraph (2)(b) equals 70 percent of the

23  current official forecast for distributions of taxes collected

24  under this chapter pursuant to subsection (2). As used in this

25  paragraph, the term "current official forecast" means the most

26  recent forecast as determined by the Revenue Estimating

27  Conference. If the current official forecast for a fiscal year

28  changes after payments under this paragraph have ended during

29  that fiscal year, no further payments are required under this

30  paragraph during the fiscal year.

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  1         (c)  The remainder of the moneys distributed under this

  2  subsection, after the required payments under paragraphs (a)

  3  and (b), shall be paid into the State Treasury to the credit

  4  of the General Revenue Fund of the state to be used and

  5  expended for the purposes for which the General Revenue Fund

  6  was created and exists by law or to the Ecosystem Management

  7  and Restoration Trust Fund as provided in subsection (8).

  8         (2)  Seven and fifty-six hundredths percent of the

  9  remaining taxes collected under this chapter shall be used for

10  the following purposes:

11         (a)  Beginning in the month following the final payment

12  for a fiscal year under paragraph (1)(b), available moneys

13  shall be paid into the State Treasury to the credit of the

14  General Revenue Fund of the state to be used and expended for

15  the purposes for which the General Revenue Fund was created

16  and exists by law or to the Ecosystem Management and

17  Restoration Trust Fund as provided in subsection (8). Payments

18  made under this paragraph shall continue until the cumulative

19  amount credited to the General Revenue Fund for the fiscal

20  year under this paragraph equals the cumulative payments made

21  under paragraph (1)(b) for the same fiscal year.

22         (b)  The remainder of the moneys distributed under this

23  subsection shall be paid into the State Treasury to the credit

24  of the Land Acquisition Trust Fund. Sums deposited in the fund

25  pursuant to this subsection may be used for any purpose for

26  which funds deposited in the Land Acquisition Trust Fund may

27  lawfully be used.

28         (3)  One and ninety-four hundredths percent of the

29  remaining taxes collected under this chapter shall be paid

30  into the State Treasury to the credit of the Land Acquisition

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  1  Trust Fund. Moneys deposited in the trust fund pursuant to

  2  this section shall be used for the following purposes:

  3         (a)  Sixty percent of the moneys shall be used to

  4  acquire coastal lands or to pay debt service on bonds issued

  5  to acquire coastal lands; and

  6         (b)  Forty percent of the moneys shall be used to

  7  develop and manage lands acquired with moneys from the Land

  8  Acquisition Trust Fund.

  9         (4)  Five and eighty-four hundredths percent of the

10  remaining taxes collected under this chapter shall be paid

11  into the State Treasury to the credit of the Water Management

12  Lands Trust Fund. Sums deposited in that fund may be used for

13  any purpose authorized in s. 373.59.

14         (5)  Five and eighty-four hundredths percent of the

15  remaining taxes collected under this chapter shall be paid

16  into the State Treasury to the credit of the Conservation and

17  Recreation Lands Trust Fund to carry out the purposes set

18  forth in s. 259.032.

19         (6)  Seven and fifty-three hundredths percent of the

20  remaining taxes collected under this chapter shall be paid

21  into the State Treasury to the credit of the State Housing

22  Trust Fund and shall be used as follows:

23         (a)  Half of that amount shall be used for the purposes

24  for which the State Housing Trust Fund was created and exists

25  by law.

26         (b)  Half of that amount shall be paid into the State

27  Treasury to the credit of the Local Government Housing Trust

28  Fund and shall be used for the purposes for which the Local

29  Government Housing Trust Fund was created and exists by law.

30         (7)  Eight and sixty-six hundredths percent of the

31  remaining taxes collected under this chapter shall be paid

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  1  into the State Treasury to the credit of the State Housing

  2  Trust Fund and shall be used as follows:

  3         (a)  Twelve and one-half percent of that amount shall

  4  be deposited into the State Housing Trust Fund and be expended

  5  by the Department of Community Affairs and by the Florida

  6  Housing Finance Agency for the purposes for which the State

  7  Housing Trust Fund was created and exists by law.

  8         (b)  Eighty-seven and one-half percent of that amount

  9  shall be distributed to the Local Government Housing Trust

10  Fund and shall be used for the purposes for which the Local

11  Government Housing Trust Fund was created and exists by law.

12  Funds from this category may also be used to provide for state

13  and local services to assist the homeless.

14         (8)  From the moneys specified in paragraphs (1)(c) and

15  (2)(a) and prior to deposit of any moneys into the General

16  Revenue Fund, $10 million shall be paid into the State

17  Treasury to the credit of the Ecosystem Management and

18  Restoration Trust Fund in fiscal year 1998-1999, $20 million

19  in fiscal year 1999-2000, and $30 million in fiscal year

20  2000-2001 and each fiscal year thereafter, to be used for the

21  preservation and repair of the state's beaches as provided in

22  ss. 161.091-161.212.

23         (9)(8)  The Department of Revenue may use the payments

24  credited to trust funds pursuant to paragraphs (1)(b) and

25  (2)(b) and subsections (3), (4), (5), (6), and (7) to pay the

26  costs of the collection and enforcement of the tax levied by

27  this chapter. The percentage of such costs which may be

28  assessed against a trust fund is a ratio, the numerator of

29  which is payments credited to that trust fund under this

30  section and the denominator of which is the sum of payments

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  1  made under paragraphs (1)(b) and (2)(b) and subsections (3),

  2  (4), (5), (6), and (7).

  3         Section 6.  This act shall take effect July 1 of the

  4  year in which enacted.

  5

  6

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  9                       ADDITIONAL SPONSORS

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    Greene, Hafner, Livingston, Merchant, Burroughs, Heyman,
11
    Saunders, Putnam and Dockery
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