House Bill 1005e1

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                                CS/CS/HB 1005, First Engrossed/ntc



  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. 161.111, F.S.; deleting obsolete

28         provisions relating to an erosion control

29         account; amending s. 161.161, F.S.; revising

30         provisions relating to the state's

31         comprehensive long-term beach management plan;


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                                CS/CS/HB 1005, First Engrossed/ntc



  1         deleting project criteria; revising

  2         requirements for approval of certain projects

  3         by the Board of Trustees of the Internal

  4         Improvement Trust Fund and certain expenditures

  5         therefor; revising restrictions on certain

  6         department projects where a local share is

  7         required; revising department rulemaking

  8         authority; providing an effective date.

  9

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

11

12         Section 1.  This act shall be known as the "Dennis L.

13  Jones Beach Management Act."

14         Section 2.  Present subsections (3), (8), and (10) of

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

16         161.021  Definitions.--In construing these statutes,

17  where the context does not clearly indicate otherwise, the

18  word, phrase, or term:

19         (3)  "Beach nourishment renourishment" means the

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

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

22  Shores of the Department of Environmental Protection.

23         (9)(10)  "Inlet sediment bypassing" includes any

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

25  of beach for the purpose of nourishment renourishment and

26  beach erosion control.

27         Section 3.  Subsection (4) of section 161.041, Florida

28  Statutes, is amended to read:

29         161.041  Permits required.--

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

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


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  or other assurances acceptable to the department as may be

  2  necessary to assure performance of conditions of a permit or

  3  enter into contractual agreements to best assure compliance

  4  with any permit conditions. Biological and environmental

  5  monitoring conditions included in the permit shall be based

  6  upon clearly defined scientific principles. The department may

  7  also require notice of the permit conditions required and the

  8  contractual agreements entered into pursuant to the provisions

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

10  county in which the permitted activity is located.

11         Section 4.  Section 161.042, Florida Statutes, is

12  amended to read:

13         161.042  Coastal construction and excavation in barrier

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

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

16  excavation of sandy sediment as a result of any activity

17  conducted to maintain navigable depths within or immediately

18  adjacent to any coastal barrier beach inlet within sovereignty

19  lands, after the department considers any limitations under

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

21  the excavation, and upon issuance of water quality

22  certification by the department, to use such sediment for

23  beach nourishment as prescribed by the department division.

24  For any construction or excavation within or immediately

25  contiguous to any coastal barrier beach inlet which has been

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

27  the permittee to supply beach profiles and conduct

28  hydrographic monitoring of the impacted area.

29         Section 5.  Paragraph (d) of subsection (6) of section

30  161.053, Florida Statutes, is amended to read:

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                                CS/CS/HB 1005, First Engrossed/ntc



  1         161.053  Coastal construction and excavation;

  2  regulation on county basis.--

  3         (6)

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

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

  6  application date, the department shall consider the impact on

  7  the erosion rates of an existing beach nourishment

  8  renourishment or restoration project or of a beach nourishment

  9  renourishment or restoration project for which all funding

10  arrangements have been made and all permits have been issued

11  at the time the application is submitted.  The department

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

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

14  the seaward extent of the beach nourishment renourishment or

15  restoration project beyond the erosion control line shall not

16  be considered in determining the applicable erosion rates.

17  Nothing in this subsection shall prohibit the department from

18  requiring structures to meet criteria established in

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

20  further landward than required by this subsection based on the

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

22  subsection (5).

23         Section 6.  Section 161.082, Florida Statutes, is

24  amended to read:

25         161.082  Review of innovative technologies for beach

26  nourishment renourishment.--The department is directed to

27  periodically review innovative technologies for beach

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

29  through the permitting process, experimental projects that are

30  alternatives to traditional dredge and fill projects to

31


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  determine the most effective and less costly techniques for

  2  beach nourishment renourishment.

  3         Section 7.  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 nourishment

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

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

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

10  hereby declared to be a necessary governmental responsibility

11  to properly manage and protect Florida beaches fronting on the

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

13  erosion and that the Legislature make provision for beach

14  restoration and nourishment renourishment projects, including

15  inlet management projects that cost-effectively provide beach

16  quality material for adjacent critically eroded beaches. The

17  Legislature declares that such beach restoration and

18  nourishment renourishment projects, as approved pursuant to s.

19  161.161, are in the public interest; must be in an area

20  designated as critically eroded shoreline, or benefit an

21  adjacent critically eroded shoreline; must have a clearly

22  identifiable beach management benefit consistent with the

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

24  potential upland damage or mitigate adverse impacts caused by

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

26  existing upland development. Given the extent of the problem

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

28  beach restoration and nourishment renourishment projects shall

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

30  strategies, fosters regional coordination of projects,

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


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  solutions. The Legislature further declares that nothing

  2  herein is intended to reduce or amend the beach protection

  3  programs otherwise established in this chapter or to result in

  4  local governments altering the coastal management elements of

  5  their local government comprehensive plans pursuant to chapter

  6  163.

  7         Section 8.  Subsection (1) and paragraphs (d) and (e)

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

  9  amended to read:

10         161.091  Beach management; funding; repair and

11  maintenance strategy.--

12         (1)  Subject to such appropriations as the Legislature

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

14  Ecosystem Management and Restoration Trust Fund may be made by

15  the department in order to carry out the proper state

16  responsibilities in a comprehensive, long-range, statewide

17  beach management plan for erosion control; beach preservation,

18  restoration, and nourishment renourishment; and storm and

19  hurricane protection. Legislative intent in appropriating such

20  funds is for the implementation of those projects that

21  contribute most significantly to addressing the state's beach

22  erosion problems.

23         (2)  The department shall develop a multiyear repair

24  and maintenance strategy that:

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

26  reduces the frequency of nourishment renourishment; and

27         (e)  Promotes inlet sand bypassing to replicate the

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

29  altered inlets and ports.

30         Section 9.  Section 161.101, Florida Statutes, is

31  amended to read:


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                                CS/CS/HB 1005, First Engrossed/ntc



  1         161.101  State and local participation in authorized

  2  projects and studies relating to beach management and erosion

  3  control.--

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

  5  statewide problem that does not confine its effects to local

  6  governmental jurisdictions and that beach erosion can be

  7  adequately addressed most efficiently by a state-initiated

  8  program of beach restoration and beach nourishment

  9  renourishment. However, since local beach communities derive

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

11  program of beach restoration and beach nourishment

12  renourishment should not be accomplished without a commitment

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

14  Accordingly, the Legislature declares that the state, through

15  the department, shall determine those beaches which are

16  critically eroded eroding and in need of restoration and

17  nourishment renourishment and may authorize appropriations to

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

19  nourishing renourishing a critically eroded beach. The local

20  government in which the beach is located shall be responsible

21  for the balance of such costs.

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

23  programs, the department is hereby constituted as the beach

24  and shore preservation authority for the state. In this

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

26  own initiative take all necessary steps as soon as practicable

27  and desirable to implement the provisions of this chapter.

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

29  authorized by Congress for federal financial participation in

30  accordance with any Act of Congress relating to beach erosion

31  control in which nonfederal participation is required, it


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                                CS/CS/HB 1005, First Engrossed/ntc



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

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

  3  determined by the department.

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

  5  all duly established beach and shore preservation districts

  6  and local governments within the state, may enter into

  7  cooperative agreements and otherwise cooperate with, and meet

  8  the requirements and conditions (including, but not limited

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

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

11  any agencies or representatives thereof, for the purpose of

12  improving, furthering, and expediting the beach management

13  program.

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

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

16  control as are available and to sign all necessary agreements

17  therefor and to do and perform all necessary acts in

18  connection therewith to effectuate the intent and purposes of

19  this act.

20         (6)  The department is authorized to make application

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

22  preservation project under any Acts of Congress and all

23  amendments thereto.

24         (7)  The department is authorized to implement regional

25  components of the beach management plan pursuant to ss.

26  161.091 and 161.161 and, where appropriate, to enter into

27  agreements with the Federal Government, inlet districts, port

28  authorities, intercoastal waterway districts, and local

29  governments to cost-share and coordinate such activity.

30         (8)  The department is authorized to sponsor or

31  cosponsor demonstration projects of new or innovative


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  technologies which have the potential to reduce project costs,

  2  conserve beach quality sand, extend the life of beach

  3  nourishment projects, and improve inlet sand bypassing

  4  pursuant to s. 161.091.

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

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

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

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

  9  the further intent of the Legislature for the state to

10  cost-share those components of inlet projects that minimize

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

12  for the placement of beach quality material on adjacent eroded

13  beaches.

14         (b)  The department is authorized to enter into

15  cooperative agreements with local governments, including

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

17  activities and to cost-share those components of inlet

18  projects that minimize the erosive effects of the inlet or

19  cost-effectively provide for the placement of beach quality

20  material on adjacent eroded beaches.

21         (10)(9)  The department is authorized to pay up to 100

22  percent of the construction and maintenance costs of approved

23  beach erosion control projects authorized for construction

24  pursuant to subsection (16) when construction and maintenance

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

26         (11)(10)  With regard to a project approved in

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

28  pay from legislative appropriations specifically provided for

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

30  of contractual services the approved project, including, but

31  not limited to, the costs for:


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                                CS/CS/HB 1005, First Engrossed/ntc



  1         (a)  Feasibility and related planning studies. Project

  2  design engineering and construction supervision and

  3  inspection;

  4         (b)  Design. Biological monitoring;

  5         (c)  Construction. Inlet sand transfer projects;

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

  7  biological and physical monitoring requirements which are

  8  based upon scientifically based criteria. Dune revegetation

  9  and stabilization;

10         (e)  Restoration, renourishment, or feeder beach

11  project costs;

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

13  access easements, and vehicle parking spaces;

14         (g)  Obtaining required permits;

15         (h)  Establishing erosion control lines;

16         (i)  Enhancement of marine turtle propagation; and

17         (j)  Sand-source studies.

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

19  provide for adequate public access, protect natural resources,

20  and provide protection for endangered and threatened species.

21         (13)  The department shall not fund projects that

22  provide only recreational benefits. All funded activities must

23  have an identifiable beach erosion control or beach

24  preservation benefit directed toward maintaining or enhancing

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

26  include, but are not limited to:

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

28  boardwalks.

29         (b)  Park activities and facilities except for erosion

30  control.

31         (c)  Aesthetic vegetation.


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                                CS/CS/HB 1005, First Engrossed/ntc



  1         (d)  Water quality components of stormwater management

  2  systems.

  3         (e)  Experimental or demonstration projects unless

  4  favorably peer reviewed or scientifically documented.

  5         (f)  Hard structures unless designed for erosion

  6  control or to enhance beach nourishment project longevity or

  7  bypassing performance.

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

  9  nourishment.

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

11         (i)  Navigation construction, operation, and

12  maintenance activities, except those elements whose purpose is

13  to place or keep sand on adjacent beaches.

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

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

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

17  most severely eroded eroding beaches, and to prevent further

18  adverse impact caused by improved, modified, or altered

19  navigation inlets, coastal armoring, or existing upland

20  development. In establishing annual project funding

21  priorities, the department shall seek formal input from local

22  coastal governments, beach and general government interest

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

24  the department in determining annual funding priorities shall

25  include:

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

27  existing upland development, and recreational and/or economic

28  benefits.

29         (b)  The availability of federal matching dollars.

30         (c)  The extent of local government sponsor financial

31  and administrative commitment to the project, including a


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                                CS/CS/HB 1005, First Engrossed/ntc



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

  2  sources for initial construction and periodic maintenance.

  3         (d)  Previous state commitment and involvement in the

  4  project.

  5         (e)  The anticipated physical performance of the

  6  proposed project, including the frequency of periodic planned

  7  nourishment renourishment.

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

  9  the adverse impact of improved, modified, or altered

10  navigation inlets on adjacent beaches.

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

12  sensitive applications to reduce erosion.

13         (h)  Proposed beach nourishment Projects that provide

14  enhanced habitat within or adjacent to designated refuges of

15  nesting sea turtles.

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

17  beach erosion control projects agree to coordinate the

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

19  advantage of identifiable cost savings.

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

21  state's most significant beach erosion problems.

22

23  In the event that more than one project qualifies equally

24  under the provisions of this subsection, the department shall

25  assign funding priority to those projects that are ready to

26  proceed.

27         (15)(12)  Until the unmet demand for repairing

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

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

30  equally between the state and local sponsors.

31


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                                CS/CS/HB 1005, First Engrossed/ntc



  1         (16)(13)  In order to encourage regional approaches

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

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

  4  from geographic coordination and sequencing of two or more

  5  discrete erosion control projects shall proportionally reduce

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

  7  participation does not exceed 75 percent as provided by

  8  subsection (10).

  9         (17)(14)  The selection of a project engineer

10  acceptable to the department by local government as project

11  sponsor shall be on the basis of competitive negotiation as

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

13  responsibility for all project costs in excess of the state

14  cost limitation.

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

16  pay the entire cost of designing, constructing, and

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

18  initiating such construction may be reimbursed from state

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

20  provided the project is approved by the department before

21  initiation of construction and based on legislative

22  appropriations and whether it furthers the provisions of s.

23  161.161. Such local interests shall, as project sponsor, be

24  responsible for obtaining federal reimbursement in the case of

25  federal-aid projects.

26         (16)  The department may expend funds from the

27  Ecosystem Management and Restoration Trust Fund to alleviate

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

29  the Governor and Cabinet that a shoreline emergency of state

30  concern exists. Any expenditures made for this purpose shall

31  be pursuant to legislative appropriations or from amendments


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  1  to original approved operating budgets authorized pursuant to

  2  s. 216.181.

  3         (19)(17)  Twenty-five percent of any funds appropriated

  4  for implementation of this section shall be held by the

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

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

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

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

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

10  is made for projects.

11         (20)(18)  The department shall maintain a current

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

13  the availability of local resources and changes in the

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

15  project listing.

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

17  section.

18         Section 10.  Section 161.111, Florida Statutes, is

19  amended to read:

20         161.111  Shore erosion emergency.--If a shore erosion

21  emergency is declared by the Governor, the state, acting

22  through the department, may spend whatever state funds are

23  available to alleviate shore erosion, including such funds

24  specifically set aside for such purposes in the erosion

25  control account.

26         Section 11.  Section 161.141, Florida Statutes, is

27  amended to read:

28         161.141  Property rights of state and private upland

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

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

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


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  nourishment renourishment, and erosion control projects, the

  2  boundary line between sovereignty lands of the state bordering

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

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

  5  thereof, and the upland properties adjacent thereto; except

  6  that such boundary line shall not be fixed for beach

  7  restoration projects that result from inlet or navigation

  8  channel maintenance dredging projects unless such projects

  9  involve the construction of authorized beach restoration

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

11  restoration project, the board of trustees must establish the

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

13  additions to the upland property landward of the established

14  line of mean high water which result from the restoration

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

16  governmental regulations and are not to be used to justify

17  increased density or the relocation of the coastal

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

19  property. The resulting additions to upland property are also

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

21  beach consistent with uses that would have been allowed prior

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

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

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

25  deprive any upland or submerged land owner of the legitimate

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

27  If an authorized beach restoration, beach nourishment

28  renourishment, and erosion control project cannot reasonably

29  be accomplished without the taking of private property, the

30  taking must be made by the requesting authority by eminent

31  domain proceedings.


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  1         Section 12.  Section 161.161, Florida Statutes, is

  2  amended to read:

  3         161.161  Procedure for approval of projects.--

  4         (1)  The department division shall develop and maintain

  5  a comprehensive long-term management plan for the restoration

  6  and maintenance of the state's critically eroded eroding

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

  8  Straits of Florida. The beach management plan shall:

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

10  critically eroded eroding beaches in this state.

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

12  coastal beach inlet and determine whether the inlet is a

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

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

15  plan shall 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 nourishment 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 nourishment renourishment projects, including, but not

28  limited to:

29         1.  Dune elevation and width and revegetation and

30  stabilization requirements; and

31         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 nourishment renourishment,

24  armoring, relocation and abandonment, dune and vegetation

25  restoration, 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  nourishment renourishment projects, arranged in order of

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

  4

  5  The beach management plan may be prepared at the regional

  6  level based upon areas of greatest need and probable federal

  7  funding. Such regional plans shall be components of the

  8  statewide beach management plan and shall serve as the basis

  9  for state funding decisions upon approval in accordance with

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

11  established for the submission of regional plans by the

12  department, any completed plan must be submitted to the

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

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

15  not be limited to, recommendations of appropriate funding

16  mechanisms for implementing projects in the beach management

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

18  multicounty taxing districts or other revenue generation

19  measures by state and local governments and the private

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

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

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

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

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

25         (2)  In establishing the recommended list of

26  restoration and renourishment projects described in subsection

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

28  criteria:

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

30  served by increased beach area;

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

  2  property from beach erosion;

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

  4  restoration or renourishment project, as measured by the

  5  anticipated amount and frequency of future renourishment;

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

  7  statewide effort to control the erosion of the beaches;

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

  9  including the costs for restoration and for periodic

10  renourishment;

11         (f)  The proximity of an adequate source of

12  beach-compatible sand;

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

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

15  including adequate vehicle parking or consolidated public

16  access points, taking into account existing access points and

17  local public access needs;

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

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

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

21  worm and rock reefs, submerged and emergent vegetation,

22  fishing resources, and turtle nesting;

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

24  area of the project have enacted ordinances or other

25  regulations to protect sea turtles from the adverse effects of

26  beachfront lighting.

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

29  net positive manner shall result in a greater priority being

30  assigned to those projects. In addition to consideration of

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


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  1  receive state funds, must provide for public access in

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

  3  protection for those historically established habitats

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

  5  species.

  6         (2)(3)  Upon approval of the beach management plan by

  7  the department, the secretary shall present to the President

  8  of the Senate, the Speaker of the House of Representatives,

  9  and the chairs of the legislative appropriations committees

10  recommendations for funding of beach erosion control projects.

11  Such recommendations, compiled by region, shall be presented

12  to such members of the Legislature in the priority order

13  specified in the plan and established pursuant to criteria

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

15         (3)(4)  Once a project is determined to be undertaken,

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

17  jurisdiction of the local government in which the beach is

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

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

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

21  construed as preventing a local government from participating

22  in the funding of erosion control projects or surveys

23  undertaken in accordance with the provisions of ss.

24  161.141-161.211. In lieu of conducting a survey, the board of

25  trustees may accept and approve a survey as initiated,

26  conducted, and submitted by the appropriate local government

27  if said survey is made in conformity with the appropriate

28  principles set forth in ss. 161.141-161.211.

29         (4)(5)  Upon completion of the survey depicting the

30  area of the beach erosion control project and the proposed

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


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

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

  3  of receiving evidence on the merits of the proposed erosion

  4  control line project and, if approval is granted, of locating

  5  and establishing such requested erosion control line. Such

  6  notice shall be by publication in a newspaper of general

  7  circulation published in the county or counties in which the

  8  proposed beach erosion control project shall be located not

  9  less than once a week for 3 consecutive weeks and by mailing

10  copies of such notice by certified or registered mail to each

11  riparian owner of record of upland property lying within 1,000

12  feet (radial distance) of the shoreline to be extended through

13  construction of the proposed beach erosion control project, as

14  his or her name and address appear upon the latest tax

15  assessment roll, in order that any persons who have an

16  interest in the beach erosion control project or in the

17  location of such requested erosion control line can be present

18  at such hearing to submit their views concerning necessity for

19  the project and the precise location of the proposed erosion

20  control line. Such notice shall be in addition to any notice

21  requirement in chapter 120.

22         (5)(6)  The board of trustees shall approve or

23  disapprove the erosion control line for a beach restoration or

24  beach renourishment project as it affects sovereignty lands.

25  If approval is granted, the secretary shall authorize the

26  expenditure from legislative appropriations specifically

27  provided for these purposes of the amount necessary to pay for

28  up to 75 percent of the costs of the project, and the board of

29  trustees shall establish the location of the erosion control

30  line. In locating said line, the board of trustees shall be

31  guided generally by the existing line of mean high water,


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                                CS/CS/HB 1005, First Engrossed/ntc



  1  bearing in mind the requirements of proper engineering in the

  2  beach restoration erosion control project, the extent to which

  3  erosion or avulsion has occurred, and the need to protect

  4  existing ownership of as much upland as is reasonably

  5  possible.

  6         (6)(7)  In no event shall the department undertake a

  7  beach restoration or beach nourishment renourishment project

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

  9  share is required without the approval of the local government

10  or governments responsible for that local share.

11         (7)(8)  The department may shall adopt rules to

12  administer this section for reviewing and determining projects

13  eligible for state funds.

14         Section 13.  This act shall take effect July 1, 2000.

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