House Bill 1005c1

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    Florida House of Representatives - 2000             CS/HB 1005

        By the Committee on Environmental Protection and
    Representatives Jones and Suarez





  1                      A bill to be entitled

  2         An act relating to beach management; amending

  3         s. 161.021, F.S.; revising definitions;

  4         amending s. 161.041, F.S.; revising provisions

  5         relating to permit conditions; amending s.

  6         161.042, F.S.; providing authority of the

  7         Department of Environmental Protection relating

  8         to beach nourishment for certain coastal

  9         construction and excavation; amending ss.

10         161.053, 161.082, and 161.141, F.S.; conforming

11         terminology; amending s. 161.088, F.S.;

12         revising declaration of public policy relating

13         to beach erosion control, restoration, and

14         nourishment; amending s. 161.091, F.S.;

15         providing legislative intent with respect to

16         disbursements from the Ecosystem Management and

17         Restoration Trust Fund; modifying requirements

18         of the department's multiyear repair and

19         maintenance strategy; amending s. 161.101,

20         F.S.; authorizing the department to enter into

21         certain cooperative agreements for inlet

22         project management and cost-sharing; revising

23         requirements and criteria for state funding of

24         projects and studies relating to beach

25         management and erosion control; providing

26         rulemaking authority of the department;

27         amending s. 161.161, F.S.; revising provisions

28         relating to the state's comprehensive long-term

29         beach management plan; deleting project

30         criteria and requirements for approval of

31         certain projects by the Board of Trustees of

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  1         the Internal Improvement Trust Fund; revising

  2         department rulemaking authority; providing an

  3         effective date.

  4

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

  6

  7         Section 1.  Present subsections (3), (8), and (10) of

  8  section 161.021, Florida Statutes, are amended to read:

  9         161.021  Definitions.--In construing these statutes,

10  where the context does not clearly indicate otherwise, the

11  word, phrase, or term:

12         (3)  "Beach nourishment renourishment" means the

13  maintenance of a restored beach by the replacement of sand.

14         (8)  "Division" means the Division of Beaches and

15  Shores of the Department of Environmental Protection.

16         (9)(10)  "Inlet sediment bypassing" includes any

17  transfer of sediment from an inlet or beach to another stretch

18  of beach for the purpose of nourishment renourishment and

19  beach erosion control.

20         Section 2.  Subsection (4) of section 161.041, Florida

21  Statutes, is amended to read:

22         161.041  Permits required.--

23         (4)  The department may, as a condition to the granting

24  of a permit under this section, require mitigation, financial,

25  or other assurances acceptable to the department as may be

26  necessary to assure performance of conditions of a permit or

27  enter into contractual agreements to best assure compliance

28  with any permit conditions. Biological and environmental

29  monitoring conditions included in the permit shall be based

30  upon clearly defined scientific principles. The department may

31  also require notice of the permit conditions required and the

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  1  contractual agreements entered into pursuant to the provisions

  2  of this subsection to be filed in the public records of the

  3  county in which the permitted activity is located.

  4         Section 3.  Section 161.042, Florida Statutes, is

  5  amended to read:

  6         161.042  Coastal construction and excavation in barrier

  7  beach inlets.--The department is authorized to direct any

  8  person, or any public body or agency, responsible for the

  9  excavation of sandy sediment as a result of any activity

10  conducted to maintain navigable depths within or immediately

11  adjacent to any coastal barrier beach inlet within sovereignty

12  lands, after the department considers any limitations under

13  chapters 253 and 403 on the deposition of spoil material from

14  the excavation, and upon issuance of water quality

15  certification by the department, to use such sediment for

16  beach nourishment as prescribed by the department division.

17  For any construction or excavation within or immediately

18  contiguous to any coastal barrier beach inlet which has been

19  permitted pursuant to s. 161.041, the department may require

20  the permittee to supply beach profiles and conduct

21  hydrographic monitoring of the impacted area.

22         Section 4.  Paragraph (d) of subsection (6) of section

23  161.053, Florida Statutes, is amended to read:

24         161.053  Coastal construction and excavation;

25  regulation on county basis.--

26         (6)

27         (d)  In determining the land areas which will be below

28  the seasonal high-water line within 30 years after the permit

29  application date, the department shall consider the impact on

30  the erosion rates of an existing beach nourishment

31  renourishment or restoration project or of a beach nourishment

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  1  renourishment or restoration project for which all funding

  2  arrangements have been made and all permits have been issued

  3  at the time the application is submitted.  The department

  4  shall consider each year there is sand seaward of the erosion

  5  control line that no erosion took place that year. However,

  6  the seaward extent of the beach nourishment renourishment or

  7  restoration project beyond the erosion control line shall not

  8  be considered in determining the applicable erosion rates.

  9  Nothing in this subsection shall prohibit the department from

10  requiring structures to meet criteria established in

11  subsection (1), subsection (2), or subsection (5) or to be

12  further landward than required by this subsection based on the

13  criteria established in subsection (1), subsection (2), or

14  subsection (5).

15         Section 5.  Section 161.082, Florida Statutes, is

16  amended to read:

17         161.082  Review of innovative technologies for beach

18  nourishment renourishment.--The department is directed to

19  periodically review innovative technologies for beach

20  nourishment renourishment and, on a limited basis, authorize,

21  through the permitting process, experimental projects that are

22  alternatives to traditional dredge and fill projects to

23  determine the most effective and less costly techniques for

24  beach nourishment renourishment.

25         Section 6.  Section 161.088, Florida Statutes, is

26  amended to read:

27         161.088  Declaration of public policy respecting beach

28  erosion control and beach restoration and nourishment

29  renourishment projects.--Because beach erosion is a serious

30  menace to the economy and general welfare of the people of

31  this state and has advanced to emergency proportions, it is

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  1  hereby declared to be a necessary governmental responsibility

  2  to properly manage and protect Florida beaches fronting on the

  3  Atlantic Ocean, Gulf of Mexico, and Straits of Florida from

  4  erosion and that the Legislature make provision for beach

  5  restoration and nourishment renourishment projects, including

  6  inlet management projects that cost-effectively provide beach

  7  quality material for adjacent critically eroded beaches. The

  8  Legislature declares that such beach restoration and

  9  nourishment renourishment projects, as approved pursuant to s.

10  161.161, are in the public interest; must be in an area

11  designated as critically eroded shoreline, or benefit an

12  adjacent critically eroded shoreline; must have a clearly

13  identifiable beach management benefit consistent with the

14  state's beach management plan; and must be designed to reduce

15  potential upland damage or mitigate adverse impacts caused by

16  improved, modified, or altered inlets, coastal armoring, or

17  existing upland development. Given the extent of the problem

18  of critically eroded eroding beaches, it is also declared that

19  beach restoration and nourishment renourishment projects shall

20  be funded in a manner that encourages all cost-saving

21  strategies, fosters regional coordination of projects,

22  improves the performance of projects, and provides long-term

23  solutions. The Legislature further declares that nothing

24  herein is intended to reduce or amend the beach protection

25  programs otherwise established in this chapter or to result in

26  local governments altering the coastal management elements of

27  their local government comprehensive plans pursuant to chapter

28  163.

29         Section 7.  Subsection (1) and paragraphs (d) and (e)

30  of subsection (2) of section 161.091, Florida Statutes, are

31  amended to read:

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  1         161.091  Beach management; funding; repair and

  2  maintenance strategy.--

  3         (1)  Subject to such appropriations as the Legislature

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

  5  Ecosystem Management and Restoration Trust Fund may be made by

  6  the department in order to carry out the proper state

  7  responsibilities in a comprehensive, long-range, statewide

  8  beach management plan for erosion control; beach preservation,

  9  restoration, and nourishment renourishment; and storm and

10  hurricane protection. Legislative intent in appropriating such

11  funds is for the implementation of those projects that

12  contribute most significantly to addressing the state's beach

13  erosion problems.

14         (2)  The department shall develop a multiyear repair

15  and maintenance strategy that:

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

17  reduces the frequency of nourishment renourishment; and

18         (e)  Promotes inlet sand bypassing to replicate the

19  natural flow of sand interrupted by improved, modified, or

20  altered inlets and ports.

21         Section 8.  Section 161.101, Florida Statutes, is

22  amended to read:

23         161.101  State and local participation in authorized

24  projects and studies relating to beach management and erosion

25  control.--

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

27  statewide problem that does not confine its effects to local

28  governmental jurisdictions and that beach erosion can be

29  adequately addressed most efficiently by a state-initiated

30  program of beach restoration and beach nourishment

31  renourishment. However, since local beach communities derive

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  1  the primary benefits from the presence of adequate beaches, a

  2  program of beach restoration and beach nourishment

  3  renourishment should not be accomplished without a commitment

  4  of local funds to combat the problem of beach erosion.

  5  Accordingly, the Legislature declares that the state, through

  6  the department, shall determine those beaches which are

  7  critically eroded eroding and in need of restoration and

  8  nourishment renourishment and may authorize appropriations to

  9  pay up to 75 percent of the actual costs for restoring and

10  nourishing renourishing a critically eroded beach. The local

11  government in which the beach is located shall be responsible

12  for the balance of such costs.

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

14  programs, the department is hereby constituted as the beach

15  and shore preservation authority for the state. In this

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

17  own initiative take all necessary steps as soon as practicable

18  and desirable to implement the provisions of this chapter.

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

20  authorized by Congress for federal financial participation in

21  accordance with any Act of Congress relating to beach erosion

22  control in which nonfederal participation is required, it

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

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

25  determined by the department.

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

27  all duly established beach and shore preservation districts

28  and local governments within the state, may enter into

29  cooperative agreements and otherwise cooperate with, and meet

30  the requirements and conditions (including, but not limited

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

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

  2  any agencies or representatives thereof, for the purpose of

  3  improving, furthering, and expediting the beach management

  4  program.

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

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

  7  control as are available and to sign all necessary agreements

  8  therefor and to do and perform all necessary acts in

  9  connection therewith to effectuate the intent and purposes of

10  this act.

11         (6)  The department is authorized to make application

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

13  preservation project under any Acts of Congress and all

14  amendments thereto.

15         (7)  The department is authorized to implement regional

16  components of the beach management plan pursuant to ss.

17  161.091 and 161.161 and, where appropriate, to enter into

18  agreements with the Federal Government, inlet districts, port

19  authorities, intercoastal waterway districts, and local

20  governments to cost-share and coordinate such activity.

21         (8)  The department is authorized to sponsor or

22  cosponsor demonstration projects of new or innovative

23  technologies which have the potential to reduce project costs,

24  conserve beach quality sand, extend the life of beach

25  nourishment projects, and improve inlet sand bypassing

26  pursuant to s. 161.091.

27         (9)(a)  Because improved, modified, or altered inlets

28  are a significant cause of beach erosion, it is the

29  Legislature's intent to manage the erosive impacts of inlets

30  under the state's beach management program. Accordingly, it is

31  the further intent of the Legislature for the state to

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  1  cost-share those components of inlet projects that minimize

  2  the erosive effects of the inlet or cost-effectively provide

  3  for the placement of beach quality material on adjacent eroded

  4  beaches.

  5         (b)  The department is authorized to enter into

  6  cooperative agreements with local governments, including

  7  cities, counties, and special districts, for inlet management

  8  activities and to cost-share those components of inlet

  9  projects that minimize the erosive effects of the inlet or

10  cost-effectively provide for the placement of beach quality

11  material on adjacent eroded beaches.

12         (10)(9)  The department is authorized to pay up to 100

13  percent of the construction and maintenance costs of approved

14  beach erosion control projects authorized for construction

15  pursuant to subsection (16) when construction and maintenance

16  are on lands of which the state is the upland riparian owner.

17         (11)(10)  With regard to a project approved in

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

19  pay from legislative appropriations specifically provided for

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

21  of contractual services the approved project, including, but

22  not limited to, the costs for:

23         (a)  Feasibility and related planning studies. Project

24  design engineering and construction supervision and

25  inspection;

26         (b)  Design. Biological monitoring;

27         (c)  Construction. Inlet sand transfer projects;

28         (d)  Monitoring. The state shall cost-share in all

29  biological and physical monitoring requirements which are

30  based upon scientifically based criteria. Dune revegetation

31  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         (12)  A project, in order to receive state funds, shall

10  provide for adequate public access, protect natural resources,

11  and provide protection for endangered and threatened species.

12         (13)  The department shall not fund projects that

13  provide only recreational benefits. All funded activities must

14  have an identifiable beach erosion control or beach

15  preservation benefit directed toward maintaining or enhancing

16  sand in the system. Activities ineligible for cost-sharing

17  include, but are not limited to:

18         (a)  Recreational structures such as piers, decks, and

19  boardwalks.

20         (b)  Park activities and facilities except for erosion

21  control.

22         (c)  Aesthetic vegetation.

23         (d)  Water quality components of stormwater management

24  systems.

25         (e)  Experimental or demonstration projects unless

26  favorably peer reviewed or scientifically documented.

27         (f)  Hard structures unless designed for erosion

28  control or to enhance beach nourishment project longevity or

29  bypassing performance.

30         (g)  Operations and maintenance, with the exception of

31  nourishment.

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  1         (h)  Maintenance and repair of over-walks.

  2         (i)  Navigation construction, operation, and

  3  maintenance activities, except those elements whose purpose is

  4  to place or keep sand on adjacent beaches.

  5         (14)(11)  The intent of the Legislature in preserving

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

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

  8  most severely eroded eroding beaches, and to prevent further

  9  adverse impact caused by improved, modified, or altered

10  navigation inlets, coastal armoring, or existing upland

11  development. In establishing annual project funding

12  priorities, the department shall seek formal input from local

13  coastal governments, beach and general government interest

14  groups, and university experts. Criteria to be considered by

15  the department in determining annual funding priorities shall

16  include:

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

18  existing upland development, and recreational and/or economic

19  benefits.

20         (b)  The availability of federal matching dollars.

21         (c)  The extent of local government sponsor financial

22  and administrative commitment to the project, including a

23  long-term financial plan with a designated funding source or

24  sources for initial construction and periodic maintenance.

25         (d)  Previous state commitment and involvement in the

26  project.

27         (e)  The anticipated physical performance of the

28  proposed project, including the frequency of periodic planned

29  nourishment renourishment.

30

31

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

  2  the adverse impact of improved, modified, or altered

  3  navigation inlets on adjacent beaches.

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

  5  sensitive applications to reduce erosion.

  6         (h)  Proposed beach nourishment Projects that provide

  7  enhanced habitat within or adjacent to designated refuges of

  8  nesting sea turtles.

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

10  beach erosion control projects agree to coordinate the

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

12  advantage of identifiable cost savings.

13         (j)  The degree to which the project addresses the

14  state's most significant beach erosion problems.

15

16  In the event that more than one project qualifies equally

17  under the provisions of this subsection, the department shall

18  assign funding priority to those projects that are ready to

19  proceed.

20         (15)(12)  Until the unmet demand for repairing

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

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

23  equally between the state and local sponsors.

24         (16)(13)  In order to encourage regional approaches

25  that provide cost savings, and notwithstanding subsection (15)

26  (12), actual cost savings that can be documented as resulting

27  from geographic coordination and sequencing of two or more

28  discrete erosion control projects shall proportionally reduce

29  each local sponsor's cost share as long as the state financial

30  participation does not exceed 75 percent as provided by

31  subsection (10).

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  1         (17)(14)  The selection of a project engineer

  2  acceptable to the department by local government as project

  3  sponsor shall be on the basis of competitive negotiation as

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

  5  responsibility for all project costs in excess of the state

  6  cost limitation.

  7         (18)(15)  A local government desiring to initiate and

  8  pay the entire cost of designing, constructing, and

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

10  initiating such construction may be reimbursed from state

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

12  provided the project is approved by the department before

13  initiation of construction and based on legislative

14  appropriations and whether it furthers the provisions of s.

15  161.161. Such local interests shall, as project sponsor, be

16  responsible for obtaining federal reimbursement in the case of

17  federal-aid projects.

18         (16)  The department may expend funds from the

19  Ecosystem Management and Restoration Trust Fund to alleviate

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

21  the Governor and Cabinet that a shoreline emergency of state

22  concern exists. Any expenditures made for this purpose shall

23  be pursuant to legislative appropriations or from amendments

24  to original approved operating budgets authorized pursuant to

25  s. 216.181.

26         (19)(17)  Twenty-five percent of any funds appropriated

27  for implementation of this section shall be held by the

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

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

30  emergencies prescribed in s. 161.111 subsection (16). If no

31  such emergencies occur, then these funds may be released in

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  1  the last quarter of the fiscal year in which the appropriation

  2  is made for projects.

  3         (20)(18)  The department shall maintain a current

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

  5  the availability of local resources and changes in the

  6  criteria listed in subsection (14) s. 161.161, revise the

  7  project listing.

  8         (21)  The department may adopt rules to implement this

  9  section.

10         Section 9.  Section 161.141, Florida Statutes, is

11  amended to read:

12         161.141  Property rights of state and private upland

13  owners in beach restoration project areas.--The Legislature

14  declares that it is the public policy of the state to cause to

15  be fixed and determined, pursuant to beach restoration, beach

16  nourishment renourishment, and erosion control projects, the

17  boundary line between sovereignty lands of the state bordering

18  on the Atlantic Ocean, the Gulf of Mexico, or the Straits of

19  Florida, and the bays, lagoons, and other tidal reaches

20  thereof, and the upland properties adjacent thereto; except

21  that such boundary line shall not be fixed for beach

22  restoration projects that result from inlet or navigation

23  channel maintenance dredging projects unless such projects

24  involve the construction of authorized beach restoration

25  projects. However, prior to construction of such a beach

26  restoration project, the board of trustees must establish the

27  line of mean high water for the area to be restored; and any

28  additions to the upland property landward of the established

29  line of mean high water which result from the restoration

30  project remain the property of the upland owner subject to all

31  governmental regulations and are not to be used to justify

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  1  increased density or the relocation of the coastal

  2  construction control line as may be in effect for such upland

  3  property. The resulting additions to upland property are also

  4  subject to a public easement for traditional uses of the sandy

  5  beach consistent with uses that would have been allowed prior

  6  to the need for the restoration project. It is further

  7  declared that there is no intention on the part of the state

  8  to extend its claims to lands not already held by it or to

  9  deprive any upland or submerged land owner of the legitimate

10  and constitutional use and enjoyment of his or her property.

11  If an authorized beach restoration, beach nourishment

12  renourishment, and erosion control project cannot reasonably

13  be accomplished without the taking of private property, the

14  taking must be made by the requesting authority by eminent

15  domain proceedings.

16         Section 10.  Section 161.161, Florida Statutes, is

17  amended to read:

18         161.161  Procedure for approval of projects.--

19         (1)  The department division shall develop and maintain

20  a comprehensive long-term management plan for the restoration

21  and maintenance of the state's critically eroded eroding

22  beaches fronting the Atlantic Ocean, Gulf of Mexico, and

23  Straits of Florida. The beach management plan shall:

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

25  critically eroded eroding beaches in this state.

26         (b)  Evaluate each improved, modified, or altered

27  coastal beach inlet and determine whether the inlet is a

28  significant cause of beach erosion. With respect to each inlet

29  determined to be a significant cause of beach erosion, the

30  plan shall must include:

31

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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 nourishment 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 nourishment renourishment projects, including, but not

13  limited to:

14         1.  Dune elevation and width and revegetation and

15  stabilization requirements; and

16         2.  Beach profile.

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

18  alternative to direct beach restoration and recommend the

19  location of such feeder beaches and the source of

20  beach-compatible sand.

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

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

23  major beach and dune systems by surveys and profiles.

24         (f)  Identify shoreline development and degree of

25  density and assess impacts of development and shoreline

26  protective structures on shoreline change and erosion.

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

28  and benefits of beaches, including recreational value to user

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

30  and maintenance costs.

31         (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 nourishment renourishment,

  9  armoring, relocation and abandonment, dune and vegetation

10  restoration, 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)  Establish a list of beach restoration and beach

17  nourishment renourishment projects, arranged in order of

18  priority, and the funding levels needed for such projects.

19

20  The beach management plan may be prepared at the regional

21  level based upon areas of greatest need and probable federal

22  funding. Such regional plans shall be components of the

23  statewide beach management plan and shall serve as the basis

24  for state funding decisions upon approval in accordance with

25  chapter 86-138, Laws of Florida. In accordance with a schedule

26  established for the submission of regional plans by the

27  department, any completed plan must be submitted to the

28  secretary of the department for approval no later than March 1

29  of each year. These regional plans shall include, but shall

30  not be limited to, recommendations of appropriate funding

31  mechanisms for implementing projects in the beach management

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  1  plan, giving consideration to the use of single-county and

  2  multicounty taxing districts or other revenue generation

  3  measures by state and local governments and the private

  4  sector. Prior to presenting the plan to the secretary of the

  5  department, the department shall hold a public meeting in the

  6  areas for which the plan is prepared. The plan submission

  7  schedule shall be submitted to the secretary for approval. Any

  8  revisions to such schedule must be approved in like manner.

  9         (2)  In establishing the recommended list of

10  restoration and renourishment projects described in subsection

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

12  criteria:

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

14  served by increased beach area;

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

16  property from beach erosion;

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

18  restoration or renourishment project, as measured by the

19  anticipated amount and frequency of future renourishment;

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

21  statewide effort to control the erosion of the beaches;

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

23  including the costs for restoration and for periodic

24  renourishment;

25         (f)  The proximity of an adequate source of

26  beach-compatible sand;

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

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

29  including adequate vehicle parking or consolidated public

30  access points, taking into account existing access points and

31  local public access needs;

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

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

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

  4  worm and rock reefs, submerged and emergent vegetation,

  5  fishing resources, and turtle nesting;

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

  7  area of the project have enacted ordinances or other

  8  regulations to protect sea turtles from the adverse effects of

  9  beachfront lighting.

10

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

12  net positive manner shall result in a greater priority being

13  assigned to those projects. In addition to consideration of

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

15  receive state funds, must provide for public access in

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

17  protection for those historically established habitats

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

19  species.

20         (2)(3)  Upon approval of the beach management plan by

21  the department, the secretary shall present to the President

22  of the Senate, the Speaker of the House of Representatives,

23  and the chairs of the legislative appropriations committees

24  recommendations for funding of beach erosion control projects.

25  Such recommendations, compiled by region, shall be presented

26  to such members of the Legislature in the priority order

27  specified in the plan and established pursuant to criteria

28  contained in subsection (2) and s. 161.101(14)(11).

29         (3)(4)  Once a project is determined to be undertaken,

30  a survey of all or part of the shoreline within the

31  jurisdiction of the local government in which the beach is

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  1  located shall be conducted in order to establish the area of

  2  beach to be protected by the project and locate an erosion

  3  control line. No provision of ss. 161.141-161.211 shall be

  4  construed as preventing a local government from participating

  5  in the funding of erosion control projects or surveys

  6  undertaken in accordance with the provisions of ss.

  7  161.141-161.211. In lieu of conducting a survey, the board of

  8  trustees may accept and approve a survey as initiated,

  9  conducted, and submitted by the appropriate local government

10  if said survey is made in conformity with the appropriate

11  principles set forth in ss. 161.141-161.211.

12         (4)(5)  Upon completion of the survey depicting the

13  area of the beach erosion control project and the proposed

14  location of the erosion control line, the board of trustees

15  shall give notice of the survey and the date on which the

16  board of trustees will hold a public hearing for the purpose

17  of receiving evidence on the merits of the proposed project

18  and, if approval is granted, of locating and establishing such

19  requested erosion control line. Such notice shall be by

20  publication in a newspaper of general circulation published in

21  the county or counties in which the proposed beach erosion

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

23  3 consecutive weeks and by mailing copies of such notice by

24  certified or registered mail to each riparian owner of record

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

26  of the shoreline to be extended through construction of the

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

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

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

30  control project or in the location of such requested erosion

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

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  1  views concerning necessity for the project and the precise

  2  location of the proposed erosion control line. Such notice

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

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

  5  the beach restoration or beach renourishment project as it

  6  affects sovereignty lands. If approval is granted, the

  7  secretary shall authorize the expenditure from legislative

  8  appropriations specifically provided for these purposes of the

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

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

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

12  the board of trustees shall be guided generally by the

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

14  requirements of proper engineering in the erosion control

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

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

17  as is reasonably possible.

18         (5)(7)  In no event shall the department undertake a

19  beach restoration or beach nourishment renourishment project

20  pursuant to chapter 86-138, Laws of Florida, where a local

21  share is required without the approval of the local government

22  or governments responsible for that local share.

23         (6)(8)  The department may shall adopt rules for

24  implementing this section reviewing and determining projects

25  eligible for state funds.

26         Section 11.  This act shall take effect July 1, 2000.

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