Senate Bill 0882c2

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    Florida Senate - 1998                     CS for CS for SB 882

    By the Committees on Ways and Means; Natural Resources; and
    Senators Sullivan, Myers, Dudley, Gutman, Forman, Klein,
    Bronson, Latvala, Harris, Crist, Turner, Rossin, Scott,
    Meadows, Clary, Childers, McKay, Kurth, Silver, Williams,
    Thomas and Geller

    301-2217-98

  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         appropriation; amending s. 163.335, F.S.;

  4         providing legislative intent for the scope of

  5         activities included in community redevelopment;

  6         amending s. 163.340, F.S.; redefining the terms

  7         "blighted area," "community redevelopment," and

  8         "community redevelopment area"; amending s.

  9         163.360, F.S.; requiring additional findings

10         before approval of certain community

11         redevelopment plans; creating s. 163.336, F.S.;

12         providing legislative intent; providing for the

13         geographical location of a pilot project;

14         providing for pilot project administration;

15         providing exemptions to certain coastal

16         construction requirements; providing for the

17         scheduled expiration of these provisions;

18         providing an effective date.

19

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

21  beaches, and

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

23  Economic Development, some 43 million tourists visited Florida

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

25  781,400 travel-related jobs, and

26         WHEREAS, more than half of all tourists coming to

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

28  and

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

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

31  were no beaches, and

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  1         WHEREAS, Florida's beaches produced additional state

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

  3  and

  4         WHEREAS, Florida's beaches and dunes provide

  5  environmentally compatible storm protection to both developed

  6  and undeveloped upland property, protecting more than $150

  7  billion in taxable property values in the state, and

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

  9  161.088, Florida Statutes, recognized that uncontrolled beach

10  erosion was a serious threat to the economic and general

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

12  beach erosion had already advanced to emergency proportions,

13  and

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

15  health of Florida's beaches has further deteriorated and

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

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

18  are no longer providing effective upland storm protection, and

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

20         WHEREAS, the Legislature recognizes the urgency of the

21  problem and declares its intent to fund a comprehensive,

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

23  preservation, restoration, and renourishment; and storm and

24  hurricane protection, and

25         WHEREAS, the Legislature has already allocated a

26  portion of the excise tax on documents for beach acquisition

27  and land management, and

28         WHEREAS, the Legislature has determined that it is also

29  appropriate to fund the preservation, restoration, and

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

31  NOW, THEREFORE,

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

  2

  3         Section 1.  Section 161.088, Florida Statutes, is

  4  amended to read:

  5         161.088  Declaration of public policy respecting beach

  6  erosion control and beach restoration and renourishment

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

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

  9  has advanced to emergency proportions, it is hereby declared

10  to be a necessary governmental responsibility to properly

11  manage and protect Florida beaches from erosion and that the

12  Legislature make provision for beach restoration and

13  renourishment projects. The Legislature declares that such

14  beach restoration and renourishment projects, as approved

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

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

17  also declared that beach restoration and renourishment

18  projects shall be funded in a manner that encourages all

19  cost-saving strategies, fosters regional coordination of

20  projects, improves the performance of projects, and provides

21  long-term solutions. The Legislature further declares that

22  nothing herein is intended to reduce or amend the beach

23  protection programs otherwise established in this chapter or

24  to result in local governments altering the coastal management

25  elements of their local government comprehensive plans

26  pursuant to chapter 163.

27         Section 2.  Section 161.091, Florida Statutes, is

28  amended to read:

29         161.091  Beach management; funding; repair and

30  maintenance strategy.--

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  1         (1)  Subject to such appropriations as the Legislature

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

  3  Ecosystem Management and Restoration Florida Permit Fee Trust

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

  5  the department in order to carry out the proper state

  6  responsibilities in a comprehensive, long-range, statewide

  7  beach management plan for erosion control; beach preservation,

  8  beach restoration, and beach renourishment; and storm and

  9  hurricane protection. The department shall make a concerted

10  effort to identify an additional dedicated revenue source to

11  fund the beach management plan.

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

13  department shall develop a corresponding multiyear repair and

14  maintenance strategy that:

15         (a)  Encourages regional approaches to ensure Ensures

16  the geographic coordination and sequencing of prioritized

17  projects;

18         (b)  Reduces equipment mobilization and demobilization

19  costs;

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

21  the system;

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

23  reduces the frequency of renourishment; and

24         (e)  Promotes inlet sand bypassing to replicate the

25  natural flow of sand interrupted by inlets and ports.

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

27  161.088 and the legislative finding that erosion of the

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

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

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

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

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

  2  the credit of the Ecosystem Management and Restoration Trust

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

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

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

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

  7  prior to the use of such funds deposited pursuant to s.

  8  201.15(8) in that trust fund for any other purpose.

  9         Section 3.  Section 161.101, Florida Statutes, is

10  amended to read:

11         161.101  State and local participation in authorized

12  projects and studies relating to beach management and erosion

13  control.--

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

15  statewide problem that does not confine its effects to local

16  governmental jurisdictions and that beach erosion can be

17  adequately addressed most efficiently by a state-initiated

18  program of beach restoration and beach renourishment. However,

19  since local beach communities derive the primary benefits from

20  the presence of adequate beaches, a program of beach

21  restoration and beach renourishment should not be accomplished

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

23  beach erosion. Accordingly, the Legislature declares that the

24  state, through the department, shall determine those beaches

25  which are critically eroding and in need of restoration and

26  renourishment and may authorize appropriations to pay up to 75

27  percent of the actual costs for restoring and renourishing a

28  critically eroded beach. The local government in which the

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

30  costs.

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

  2  programs, the department is hereby constituted as the beach

  3  and shore preservation authority for the state. In this

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

  5  own initiative take all necessary steps as soon as practicable

  6  and desirable to implement the provisions of this chapter.

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

  8  authorized by Congress for federal financial participation in

  9  accordance with any Act of Congress relating to beach erosion

10  control in which nonfederal participation is required, it

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

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

13  determined by the department.

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

15  all duly established beach and shore preservation districts

16  and local governments within the state, may enter into

17  cooperative agreements and otherwise cooperate with, and meet

18  the requirements and conditions (including, but not limited

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

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

21  any agencies or representatives thereof, for the purpose of

22  improving, furthering, and expediting the beach management

23  program.

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

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

26  control as are available and to sign all necessary agreements

27  therefor and to do and perform all necessary acts in

28  connection therewith to effectuate the intent and purposes of

29  this act.

30         (6)  The department is authorized to make application

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

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  1  preservation project under any Acts of Congress and all

  2  amendments thereto.

  3         (7)  The department is authorized to implement regional

  4  components of the beach management plan pursuant to ss.

  5  161.091 and 161.161 and, where appropriate, to enter into

  6  agreements with the Federal Government, inlet districts, port

  7  authorities, intercoastal waterway districts, and local

  8  governments to cost-share and coordinate such activity.

  9         (8)  The department is authorized to sponsor or

10  cosponsor demonstration projects of new or innovative

11  technologies which have the potential to reduce project costs,

12  conserve beach quality sand, extend the life of beach

13  nourishment projects, and improve inlet sand bypassing

14  pursuant to s. 161.091.

15         (9)(7)  The department is authorized to pay up to 100

16  percent of the construction and maintenance costs of projects

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

18  when construction and maintenance are on lands of which the

19  state is the upland riparian owner.

20         (10)(8)  With regard to a project approved in

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

22  pay from legislative appropriations specifically provided for

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

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

25  costs for:

26         (a)  Project design engineering and construction

27  supervision and inspection;

28         (b)  Biological monitoring;

29         (c)  Inlet sand transfer projects;

30         (d)  Dune revegetation and stabilization;

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  1         (e)  Restoration, renourishment, or feeder beach

  2  project costs;

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

  4  access easements, and vehicle parking spaces;

  5         (g)  Obtaining required permits;

  6         (h)  Establishing erosion control lines;

  7         (i)  Enhancement of marine turtle propagation; and

  8         (j)  Sand-source studies.

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

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

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

12  most severely eroding beaches, and to prevent further adverse

13  impact caused by navigation inlets, coastal armoring, or

14  existing upland development. In establishing annual project

15  funding priorities, the department shall seek formal input

16  from local coastal governments, beach and general government

17  interest groups, and university experts. Criteria to be

18  considered by the department in determining annual funding

19  priorities shall include:

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

21  existing upland development, and recreational and/or economic

22  benefits.

23         (b)  The availability of federal matching dollars.

24         (c)  The extent of local government sponsor financial

25  and administrative administration commitment to the project,

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

27  source or sources for initial construction and periodic

28  maintenance.

29         (d)  Previous state commitment and involvement in the

30  project.

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  1         (e)  The anticipated physical performance of the

  2  proposed project, including the frequency of periodic planned

  3  renourishment.

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

  5  the adverse impact of navigation inlets on adjacent beaches.

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

  7  sensitive applications to reduce erosion.

  8         (h)  Proposed beach nourishment projects that provide

  9  enhanced habitat within or adjacent to designated refuges of

10  nesting sea turtles.

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

12  beach erosion control projects agree to coordinate the

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

14  advantage of identifiable cost savings.

15         (12)(10)  Until the unmet demand for repairing

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

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

18  equally between the state and local sponsors.

19         (13)  In order to encourage regional approaches that

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

21  actual cost savings that can be documented as resulting from

22  geographic coordination and sequencing of two or more discrete

23  erosion control projects shall proportionally reduce each

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

25  participation does not exceed 75 percent as provided by

26  subsection (10).

27         (14)(11)  The selection of a project engineer

28  acceptable to the department by local government as project

29  sponsor shall be on the basis of competitive negotiation as

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

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  1  responsibility for all project costs in excess of the state

  2  cost limitation.

  3         (15)(12)  A local government desiring to initiate and

  4  pay the entire cost of designing, constructing, and

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

  6  initiating such construction may be reimbursed from state

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

  8  provided the project is approved by the department before

  9  initiation of construction and based on legislative

10  appropriations and whether it furthers the provisions of s.

11  161.161. Such local interests shall, as project sponsor, be

12  responsible for obtaining federal reimbursement in the case of

13  federal-aid projects.

14         (16)(13)  The department may expend funds from the

15  Ecosystem Management and Restoration Trust Fund to alleviate

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

17  the Governor and Cabinet that a shoreline emergency of state

18  concern exists. Any expenditures made for this purpose shall

19  be pursuant to legislative appropriations or from amendments

20  to original approved operating budgets authorized pursuant to

21  s. 216.181.

22         (17)(14)  Twenty-five percent of any funds appropriated

23  for implementation of this section shall be held by the

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

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

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

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

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

29  made for projects.

30         (18)(15)  The department shall maintain a current

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

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  1  the availability of local resources and changes in the

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

  3         Section 4.  Section 161.161, Florida Statutes, is

  4  amended to read:

  5         161.161  Procedure for approval of projects.--

  6         (1)  The division shall develop and maintain a

  7  comprehensive long-term management plan for the restoration of

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

  9  plan shall:

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

11  critically eroding beaches in this state.

12         (b)  Evaluate each improved coastal beach inlet and

13  determine whether the inlet is a significant cause of beach

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

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

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

17  and recommendations to mitigate the erosive impact of the

18  inlet, including, but not limited to, recommendations

19  regarding inlet sediment bypassing; modifications to channel

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

21  establishment of feeder beaches; and beach restoration and

22  beach renourishment; and

23         2.  Cost estimates necessary to take inlet corrective

24  measures and recommendations regarding cost sharing among the

25  beneficiaries of such inlet.

26         (c)  Specify design criteria for beach restoration and

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

28         1.  Dune elevation and width and revegetation and

29  stabilization requirements; and

30         2.  Beach profile.

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

  2  alternative to direct beach restoration and recommend the

  3  location of such feeder beaches and the source of

  4  beach-compatible sand.

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

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

  7  major beach and dune systems by surveys and profiles.

  8         (f)  Identify shoreline development and degree of

  9  density and assess impacts of development and shoreline

10  protective structures on shoreline change and erosion.

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

12  and benefits of beaches, including recreational value to user

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

14  and maintenance costs.

15         (h)  Study dune and vegetation conditions.

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

17  develop strategies for protection of the turtles and their

18  nests and nesting locations.

19         (j)  Identify alternative management responses to

20  preserve undeveloped beach and dune systems, to restore

21  damaged beach and dune systems, and to prevent inappropriate

22  development and redevelopment on migrating beaches, and

23  consider beach restoration and renourishment, armoring,

24  relocation and abandonment, dune and vegetation restoration,

25  and acquisition.

26         (k)  Establish criteria, including costs and specific

27  implementation actions, for alternative management techniques.

28         (l)  Select and recommend appropriate management

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

30  management program.

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  1         (m)  Establish a list of beach restoration and beach

  2  renourishment projects, arranged in order of priority, and the

  3  funding levels needed for such projects.

  4

  5  The beach management plan may be prepared at the regional

  6  district level based upon areas of greatest need and probable

  7  federal funding. Such regional district plans shall be

  8  components of the statewide beach management plan and shall

  9  serve as the basis for state funding decisions upon approval

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

11  accordance with a schedule established for the submission of

12  regional district plans by the department, any completed plan

13  must be submitted to the secretary of the department for

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

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

16  to, recommendations of appropriate funding mechanisms for

17  implementing projects in the beach management plan, giving

18  consideration to the use of single-county and multicounty

19  taxing districts or other revenue generation measures by state

20  and local governments and the private sector. Prior to

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

22  department shall hold a public meeting in the areas or

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

24  submission schedule shall be submitted to the secretary for

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

26  like manner.

27         (2)  In establishing the recommended list of

28  restoration and renourishment projects described in subsection

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

30  criteria:

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

  2  served by increased beach area;

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

  4  property from beach erosion;

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

  6  restoration or renourishment project, as measured by the

  7  anticipated amount and frequency of future renourishment;

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

  9  statewide effort to control the erosion of the beaches;

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

11  including the costs for restoration and for periodic

12  renourishment;

13         (f)  The proximity of an adequate source of

14  beach-compatible sand;

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

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

17  including adequate vehicle parking or consolidated public

18  access points, taking into account existing access points and

19  local public access needs;

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

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

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

23  worm and rock reefs, submerged and emergent vegetation,

24  fishing resources, and turtle nesting;

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

26  area of the project have enacted ordinances or other

27  regulations to protect sea turtles from the adverse effects of

28  beachfront lighting.

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

31  net positive manner shall result in a greater priority being

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  1  assigned to those projects. In addition to consideration of

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

  3  receive state funds, must provide for public access in

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

  5  protection for those historically established habitats

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

  7  species.

  8         (3)  Upon approval of the beach restoration management

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

10  President of the Senate, the Speaker of the House of

11  Representatives, and the chairs of the legislative

12  appropriations committees recommendations for funding of beach

13  erosion control projects. Such recommendations, compiled by

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

15  in the priority order specified in the plan and established

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

17  161.101(11) Board of Trustees of the Internal Improvement

18  Trust Fund written recommendations for the funding of the

19  beach restoration and beach renourishment projects according

20  to the priority specified in the beach restoration management

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

22  the head of the department written recommendations for the

23  funding of those projects that remain in need of restoration

24  and renourishment pursuant to the approved list.

25         (4)  Once Upon receipt of the written recommendation

26  and certification from the department with respect to a

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

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

29  pursued. In determining whether a project is determined to

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

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

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  1  the board of trustees determines that a project should be

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

  3  the shoreline within the jurisdiction of the local government

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

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

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

  7  161.141-161.211 shall be construed as preventing a local

  8  government from participating in the funding of erosion

  9  control projects or surveys undertaken in accordance with the

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

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

12  as initiated, conducted, and submitted by the appropriate

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

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

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

16  of the beach erosion control project and the proposed location

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

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

19  trustees will hold a public hearing for the purpose of

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

21  if approval is granted, of locating and establishing such

22  requested erosion control line. Such notice shall be by

23  publication in a newspaper of general circulation published in

24  the county or counties in which the proposed beach erosion

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

26  3 consecutive weeks and by mailing copies of such notice by

27  certified or registered mail to each riparian owner of record

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

29  of the shoreline to be extended through construction of the

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

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

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

  2  control project or in the location of such requested erosion

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

  4  views concerning necessity for the project and the precise

  5  location of the proposed erosion control line. Such notice

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

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

  8  the beach restoration or beach renourishment project as it

  9  affects sovereignty lands. If approval is granted, the

10  secretary shall authorize the expenditure from legislative

11  appropriations specifically provided for these purposes of the

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

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

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

15  the board of trustees shall be guided generally by the

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

17  requirements of proper engineering in the erosion control

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

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

20  as is reasonably possible.

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

22  restoration or beach renourishment project pursuant to chapter

23  86-138, Laws of Florida, where a local share is required

24  without the approval of the local government or governments

25  responsible for that local share.

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

27  determining projects eligible for state funds.

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

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

30  direct beach erosion control appropriations to the state's

31  most severely eroding beaches, and to prevent further adverse

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  1  impact caused by navigation inlets, coastal armoring, or

  2  existing upland development.  In establishing annual project

  3  funding priorities, the department shall seek formal input

  4  from local coastal governments, beach and general government

  5  interest groups, and university experts.  Criteria to be

  6  considered by the department in determining annual funding

  7  priorities shall include:

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

  9  existing upland development, and recreational and/or economic

10  benefits.

11         (b)  The availability of federal matching dollars.

12         (c)  The extent of local government sponsor financial

13  and administration commitment to the project.

14         (d)  Previous state commitment and involvement in the

15  project.

16         (e)  The anticipated physical performance of the

17  proposed project, including the frequency of periodic planned

18  renourishment.

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

20  the adverse impact of navigation inlets on adjacent beaches.

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

22  sensitive applications to reduce erosion.

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

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

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

26  between the state and local sponsors.

27         Section 5.  Section 201.15, Florida Statutes, is

28  amended to read:

29         201.15  Distribution of taxes collected.--All taxes

30  collected under this chapter shall be subject to the service

31

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

  2  follows:

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

  4  the remaining taxes collected under this chapter shall be used

  5  for the following purposes:

  6         (a)  Subject to the maximum amount limitations set

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

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

  9  rebate obligations, or other amounts with respect to bonds

10  issued pursuant to s. 375.051 and payable from moneys

11  transferred to the Land Acquisition Trust Fund pursuant to

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

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

14  purposes. The amount transferred to the Land Acquisition Trust

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

16  $120 million in fiscal year 1993-1994, $150 million in fiscal

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

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

19  1997-1998, $270 million in fiscal year 1998-1999, and $300

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

21  series of bonds may be issued pursuant to this paragraph

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

23  specifically appropriated in the General Appropriations Act.

24  No moneys transferred to the Land Acquisition Trust Fund

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

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

27  revenue bonds.

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

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

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

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

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  1  for which funds deposited in the Land Acquisition Trust Fund

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

  3  continue until the cumulative amount credited to the Land

  4  Acquisition Trust Fund for the fiscal year under this

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

  6  current official forecast for distributions of taxes collected

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

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

  9  recent forecast as determined by the Revenue Estimating

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

11  changes after payments under this paragraph have ended during

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

13  paragraph during the fiscal year.

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

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

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

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

18  expended for the purposes for which the General Revenue Fund

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

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

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

22  remaining taxes collected under this chapter shall be used for

23  the following purposes:

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

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

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

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

28  the purposes for which the General Revenue Fund was created

29  and exists by law or to the Ecosystem Management and

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

31  made under this paragraph shall continue until the cumulative

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  1  amount credited to the General Revenue Fund for the fiscal

  2  year under this paragraph equals the cumulative payments made

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

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

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

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

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

  8  which funds deposited in the Land Acquisition Trust Fund may

  9  lawfully be used.

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

11  remaining taxes collected under this chapter shall be paid

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

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

14  this section shall be used for the following purposes:

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

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

17  to acquire coastal lands; and

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

19  develop and manage lands acquired with moneys from the Land

20  Acquisition Trust Fund.

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

22  remaining taxes collected under this chapter shall be paid

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

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

25  any purpose authorized in s. 373.59.

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

27  remaining taxes collected under this chapter shall be paid

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

29  Recreation Lands Trust Fund to carry out the purposes set

30  forth in s. 259.032.

31

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

  2  remaining taxes collected under this chapter shall be paid

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

  4  Trust Fund and shall be used as follows:

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

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

  7  by law.

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

  9  Treasury to the credit of 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         (7)  Eight and sixty-six hundredths percent of the

13  remaining taxes collected under this chapter shall be paid

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

15  Trust Fund and shall be used as follows:

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

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

18  by the Department of Community Affairs and by the Florida

19  Housing Finance Agency for the purposes for which the State

20  Housing Trust Fund was created and exists by law.

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

22  shall be distributed to the Local Government Housing Trust

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

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

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

26  and local services to assist the homeless.

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

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

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

30  Treasury to the credit of the Ecosystem Management and

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

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

  2  2000-2001 and each fiscal year thereafter, to be used for the

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

  4  ss. 161.091-161.212.

  5         (9)(8)  The Department of Revenue may use the payments

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

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

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

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

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

11  which is payments credited to that trust fund under this

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

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

14  (4), (5), (6), and (7).

15         Section 6.  (1)  There are hereby appropriated to the

16  Department of Environmental Protection, six positions and

17  $449,918 for fiscal year 1998-1999 from the Ecosystems

18  Management and Restoration Trust Fund from revenues provided

19  by this act pursuant to section 201.15(8), Florida Statutes.

20  These positions and funding are provided to assist local

21  project sponsors, and shall be used to facilitate and promote

22  enhanced beach erosion control project administration.  Such

23  staffing resources shall be directed toward more efficient

24  contract development and oversight, promoting cost-sharing

25  strategies and regional coordination or projects among local

26  governments, providing assistance to local governments to

27  ensure timely permit review, and improving billing review and

28  disbursement processes.

29         (2)  Upon implementation of the Governor's Building

30  Codes Study Commission recommendations pertaining to coastal

31  construction, and the adoption of those recommendations by

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  1  local governments, the department shall delegate the coastal

  2  construction building codes review pursuant to section

  3  161.053, Florida Statutes, to those local governments.

  4  Current department positions supporting the coastal

  5  construction building codes review shall be directed to

  6  support implementation of the subject beach management plan.

  7         Section 7.  Section 163.335, Florida Statutes, is

  8  amended to read:

  9         163.335  Findings and declarations of necessity.--

10         (1)  It is hereby found and declared that there exist

11  in counties and municipalities of the state slum and blighted

12  areas which constitute a serious and growing menace, injurious

13  to the public health, safety, morals, and welfare of the

14  residents of the state; that the existence of such areas

15  contributes substantially and increasingly to the spread of

16  disease and crime, constitutes an economic and social

17  liability imposing onerous burdens which decrease the tax base

18  and reduce tax revenues, substantially impairs or arrests

19  sound growth, retards the provision of housing accommodations,

20  aggravates traffic problems, and substantially hampers the

21  elimination of traffic hazards and the improvement of traffic

22  facilities; and that the prevention and elimination of slums

23  and blight is a matter of state policy and state concern in

24  order that the state and its counties and municipalities shall

25  not continue to be endangered by areas which are focal centers

26  of disease, promote juvenile delinquency, and consume an

27  excessive proportion of its revenues because of the extra

28  services required for police, fire, accident, hospitalization,

29  and other forms of public protection, services, and

30  facilities.

31

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  1         (2)  It is further found and declared that certain slum

  2  or blighted areas, or portions thereof, may require

  3  acquisition, clearance, and disposition subject to use

  4  restrictions, as provided in this part, since the prevailing

  5  condition of decay may make impracticable the reclamation of

  6  the area by conservation or rehabilitation; that other areas

  7  or portions thereof may, through the means provided in this

  8  part, be susceptible of conservation or rehabilitation in such

  9  a manner that the conditions and evils enumerated may be

10  eliminated, remedied, or prevented; and that salvageable slum

11  and blighted areas can be conserved and rehabilitated through

12  appropriate public action as herein authorized and the

13  cooperation and voluntary action of the owners and tenants of

14  property in such areas.

15         (3)  It is further found and declared that the powers

16  conferred by this part are for public uses and purposes for

17  which public money may be expended and the power of eminent

18  domain and police power exercised, and the necessity in the

19  public interest for the provisions herein enacted is hereby

20  declared as a matter of legislative determination.

21         (4)  It is further found that coastal resort and

22  tourist areas or portions thereof which are deteriorating and

23  economically distressed due to building density patterns,

24  inadequate transportation and parking facilities, faulty lot

25  layout, or inadequate street layout, could, through the means

26  provided in this part, be revitalized and redeveloped in a

27  manner that will vastly improve the economic and social

28  conditions of the community.

29         (5)(4)  It is further found and declared that the

30  preservation or enhancement of the tax base from which a

31  taxing authority realizes tax revenues is essential to its

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  1  existence and financial health; that the preservation and

  2  enhancement of such tax base is implicit in the purposes for

  3  which a taxing authority is established; that tax increment

  4  financing is an effective method of achieving such

  5  preservation and enhancement in areas in which such tax base

  6  is declining; that community redevelopment in such areas, when

  7  complete, will enhance such tax base and provide increased tax

  8  revenues to all affected taxing authorities, increasing their

  9  ability to accomplish their other respective purposes; and

10  that the preservation and enhancement of the tax base in such

11  areas through tax increment financing and the levying of taxes

12  by such taxing authorities therefor and the appropriation of

13  funds to a redevelopment trust fund bears a substantial

14  relation to the purposes of such taxing authorities and is for

15  their respective purposes and concerns.  This subsection does

16  not apply in any jurisdiction where the community

17  redevelopment agency validated bonds as of April 30, 1984.

18         (6)(5)  It is further found and declared that there

19  exists in counties and municipalities of the state a severe

20  shortage of housing affordable to residents of low or moderate

21  income, including the elderly; that the existence of such

22  condition affects the health, safety, and welfare of the

23  residents of such counties and municipalities and retards

24  their growth and economic and social development; and that the

25  elimination or improvement of such condition is a proper

26  matter of state policy and state concern and is for a valid

27  and desirable public purpose.

28         Section 8.  Subsections (8), (9), and (10) of section

29  163.340, Florida Statutes, are amended to read:

30         163.340  Definitions.--The following terms, wherever

31  used or referred to in this part, have the following meanings:

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  1         (8)  "Blighted area" means either:

  2         (a)  An area in which there are a substantial number of

  3  slum, deteriorated, or deteriorating structures and conditions

  4  that lead to economic distress or which endanger life or

  5  property by fire or other causes or one or more of the

  6  following factors that which substantially impairs or arrests

  7  the sound growth of a county or municipality and is a menace

  8  to the public health, safety, morals, or welfare in its

  9  present condition and use:

10         1.  Predominance of defective or inadequate street

11  layout;

12         2.  Faulty lot layout in relation to size, adequacy,

13  accessibility, or usefulness;

14         3.  Unsanitary or unsafe conditions;

15         4.  Deterioration of site or other improvements;

16         5.  Inadequate and outdated building density patterns;

17         6.5.  Tax or special assessment delinquency exceeding

18  the fair value of the land; and

19         7.  Inadequate transportation and parking facilities;

20  and

21         8.6.  Diversity of ownership or defective or unusual

22  conditions of title which prevent the free alienability of

23  land within the deteriorated or hazardous area; or

24         (b)  An area in which there exists faulty or inadequate

25  street layout; inadequate parking facilities; or roadways,

26  bridges, or public transportation facilities incapable of

27  handling the volume of traffic flow into or through the area,

28  either at present or following proposed construction.

29

30

31

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  1  However, for purposes of qualifying for the tax credits

  2  authorized in chapter 220, "blighted area" means an area

  3  described in paragraph (a).

  4         (9)  "Community redevelopment" or "redevelopment" means

  5  undertakings, activities, or projects of a county,

  6  municipality, or community redevelopment agency in a community

  7  redevelopment area for the elimination and prevention of the

  8  development or spread of slums and blight or for the provision

  9  of affordable housing, whether for rent or for sale, to

10  residents of low or moderate income, including the elderly,

11  and may include slum clearance and redevelopment in a

12  community redevelopment area or rehabilitation and

13  revitalization of coastal resort and tourist areas that are

14  deteriorating and economically distressed, or rehabilitation

15  or conservation in a community redevelopment area, or any

16  combination or part thereof, in accordance with a community

17  redevelopment plan and may include the preparation of such a

18  plan.

19         (10)  "Community redevelopment area" means a slum area,

20  a blighted area, or an area in which there is a shortage of

21  housing that is affordable to residents of low or moderate

22  income, including the elderly, or a coastal and tourist area

23  that is deteriorating and economically distressed due to

24  outdated building density patterns, inadequate transportation

25  and parking facilities, faulty lot layout or inadequate street

26  layout, or a combination thereof which the governing body

27  designates as appropriate for community redevelopment.

28         Section 9.  Subsection (6) of section 163.360, Florida

29  Statutes, is amended to read:

30         163.360  Community redevelopment plans.--

31

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  1         (6)  Following such hearing, the governing body may

  2  approve the community redevelopment and the plan therefor if

  3  it finds that:

  4         (a)  A feasible method exists for the location of

  5  families who will be displaced from the community

  6  redevelopment area in decent, safe, and sanitary dwelling

  7  accommodations within their means and without undue hardship

  8  to such families;

  9         (b)  The community redevelopment plan conforms to the

10  general plan of the county or municipality as a whole;

11         (c)  The community redevelopment plan gives due

12  consideration to the provision of adequate park and

13  recreational areas and facilities that may be desirable for

14  neighborhood improvement, with special consideration for the

15  health, safety, and welfare of children residing in the

16  general vicinity of the site covered by the plans; and

17         (d)  The community redevelopment plan will afford

18  maximum opportunity, consistent with the sound needs of the

19  county or municipality as a whole, for the rehabilitation or

20  redevelopment of the community redevelopment area by private

21  enterprise; and.

22         (e)  The community redevelopment plan and resulting

23  revitalization and redevelopment for a coastal tourist area

24  that is deteriorating and economically distressed will reduce

25  or maintain evacuation time, as appropriate, and ensure

26  protection for property against exposure to natural disasters.

27         Section 10.  Section 163.336, Florida Statutes, is

28  created to read:

29         163.336  Coastal resort area redevelopment pilot

30  project.--

31         (1)  LEGISLATIVE INTENT.--

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  1         (a)  The Legislature recognizes that some coastal

  2  resort and tourist areas are deteriorating and declining as

  3  recreation and tourist centers. It is appropriate to undertake

  4  a pilot project to determine the feasibility of encouraging

  5  redevelopment of economically distressed coastal properties to

  6  allow full utilization of existing urban infrastructure such

  7  as roads and utility lines. Such activities can have a

  8  beneficial impact on local and state economies and provide job

  9  opportunities and revitalization of urban areas.

10         (b)  The Department of Environmental Protection shall

11  administer a pilot project for redevelopment of economically

12  distressed coastal resort and tourist areas. Such a pilot

13  project shall be administered in the coastal areas of

14  Florida's Atlantic Coast between the St. Johns River entrance

15  and Ponce de Leon Inlet.

16         (2)  PILOT PROJECT ADMINISTRATION.--

17         (a)  To be eligible to participate in this pilot

18  project, all or a portion of the area must be within:

19         1.  The coastal building zone as defined in s. 161.54;

20  and

21         2.  A community redevelopment area, enterprise zone,

22  brownfield area, empowerment zone, or other such economically

23  deprived areas as designated by the county or municipality

24  with jurisdiction over the area.

25         (b)  Local governments are encouraged to use the full

26  range of economic and tax incentives available to facilitate

27  and promote redevelopment and revitalization within the pilot

28  project areas.

29         (c)  The Office of the Governor, Department of

30  Environmental Protection, and the Department of Community

31  Affairs are directed to provide technical assistance to

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  1  expedite permitting for redevelopment projects and

  2  construction activities within the pilot project areas

  3  consistent with the principles, processes, and timeframes

  4  provided in s. 403.973.

  5         (d)  The Department of Environmental Protection shall

  6  exempt construction activities within the pilot project area

  7  in locations seaward of a coastal construction control line

  8  and landward of existing armoring from certain siting and

  9  design criteria pursuant to s. 161.053. However, such

10  exemption shall not be deemed to exempt property within the

11  pilot project area from applicable local land development

12  regulations, including but not limited to, set back, side lot

13  line, and lot coverage requirements. Such exemption shall

14  apply to construction and redevelopment of structures

15  involving the coverage, excavation, and impervious surface

16  criteria of s. 161.053, and related adopted rules, as follows:

17         1.  This review by the department of applications for

18  permits for coastal construction within the pilot project area

19  must apply to construction and redevelopment of structures

20  subject to the coverage, excavation, and impervious surface

21  criteria of s. 161.053, and related adopted rules. It is the

22  intent of these provisions that the pilot project area be

23  enabled to redevelop in a manner which meets the economic

24  needs of the area while preserving public safety and existing

25  resources, including natural resources.

26         2.  The criteria for review under s. 161.053 are

27  applicable within the pilot project area, except that the

28  structures within the pilot project area shall not be subject

29  to specific shore parallel coverage requirements and are

30  allowed to exceed the 50-percent impervious surface

31  requirement. In no case shall stormwater discharge be allowed

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  1  onto, or seaward of, the frontal dune. Structures are also not

  2  bound by the restrictions on excavation unless the

  3  construction will adversely affect the integrity of the

  4  existing seawall or rigid coastal armoring structure or

  5  stability of the existing beach and dune system. It is

  6  specifically contemplated that underground structures,

  7  including garages, will be permitted. All beach-compatible

  8  material excavated under this subparagraph must be maintained

  9  on site seaward of the coastal construction control line.

10         3.  The review criteria in subparagraph 2. will apply

11  to all construction within the pilot project area lying

12  seaward of the coastal construction control line and landward

13  of an existing viable seawall or rigid coastal armoring

14  structure, if such construction is fronted by a seawall or

15  rigid coastal armoring structure extending at least 1,000 feet

16  without any interruptions other than beach access points. For

17  purposes of this section, a viable seawall or rigid coastal

18  armoring structure is a structure that has not deteriorated,

19  dilapidated, or been damaged to such a degree that it no

20  longer provides adequate protection to the upland property

21  when considering the following criteria, including, but not

22  limited to:

23         a.  The top must be at or above the still-water level,

24  including setup, for the design storm of 30-year return storm

25  plus the breaking wave calculated at its highest achievable

26  level based on the maximum eroded beach profile and highest

27  surge level combination, and must be high enough to preclude

28  runup overtopping;

29         b.  The armoring must be stable under the design storm

30  of 30-year return storm including maximum localized scour,

31  with adequate penetration; and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                     CS for CS for SB 882
    301-2217-98




  1         c.  The armoring must have sufficient continuity or

  2  return walls to prevent flooding under the design storm of

  3  30-year return storm from impacting the proposed construction.

  4         4.  Where there exists a continuous line of rigid

  5  coastal armoring structure on either side of unarmored

  6  property and the adjacent line of rigid coastal armoring

  7  structures are having an adverse effect on or threaten the

  8  unarmored property, and the gap does not exceed 100 feet, the

  9  department may grant the necessary permits under s. 161.085 to

10  close the gap.

11         5.  Structures approved pursuant to this section shall

12  not cause flooding of or result in adverse impacts to existing

13  upland structures or properties and shall comply with all

14  other requirements of s. 161.053 and its implementing rules.

15         6.  Where there exists a continuous line of viable

16  rigid coastal armoring structure on either side of a nonviable

17  rigid coastal armoring structure, the department shall grant

18  the necessary permits under s. 161.085 to replace such

19  nonviable rigid coastal armoring structure with a viable rigid

20  coastal armoring structure as defined in this section. This

21  shall not apply to rigid coastal armoring structures

22  constructed after May 1, 1998, unless such structures have

23  been permitted pursuant to s. 161.085(2).

24         (3)  PILOT PROJECT EXPIRATION.--The authorization for

25  the pilot project and the provisions of this section expire

26  December 31, 2002. The Legislature shall review these

27  requirements before their scheduled expiration.

28         Section 11.  This act shall take effect July 1, 1998.

29

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                     CS for CS for SB 882
    301-2217-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 882

  3

  4  This committee substitute for CS/SB 882 provides an
    appropriation of $449,918 and six positions to the Department
  5  of Environmental Protection for FY 1998-99 from the Ecosystems
    Management and Restoration Trust Fund.
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