Senate Bill 2506

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    Florida Senate - 2000                                  SB 2506

    By Senator Bronson





    18-1145-00

  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 declarations 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.; revising requirements and criteria for

21         state funding of projects and studies relating

22         to beach management and erosion control;

23         providing rulemaking authority of the

24         department; amending s. 161.161, F.S.; revising

25         provisions relating to the state's

26         comprehensive long-term beach management plan;

27         deleting project criteria and requirements for

28         the approval of certain projects by the Board

29         of Trustees of the Internal Improvement Trust

30         Fund; revising department rulemaking authority;

31         providing an effective date.

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

  2

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

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

  5         161.021  Definitions.--In construing these statutes,

  6  where the context does not clearly indicate otherwise, the

  7  word, phrase, or term:

  8         (3)  "Beach nourishment renourishment" means the

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

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

11  Shores of the Department of Environmental Protection.

12         (9)(10)  "Inlet sediment bypassing" includes any

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

14  of beach for the purpose of nourishment renourishment and

15  beach erosion control.

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

17  Statutes, is amended to read:

18         161.041  Permits required.--

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

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

21  or other assurances acceptable to the department as may be

22  necessary to assure performance of conditions of a permit or

23  enter into contractual agreements to best assure compliance

24  with any permit conditions. Biological and environmental

25  monitoring conditions included in the permit must be based

26  upon clearly defined scientific principles. The department may

27  also require notice of the permit conditions required and the

28  contractual agreements entered into pursuant to the provisions

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

30  county in which the permitted activity is located.

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  1         Section 3.  Section 161.042, Florida Statutes, is

  2  amended to read:

  3         161.042  Coastal construction and excavation in barrier

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

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

  6  excavation of sandy sediment as a result of any activity

  7  conducted to maintain navigable depths within or immediately

  8  adjacent to any coastal barrier beach inlet within sovereignty

  9  lands, after the department considers any limitations under

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

11  the excavation, and upon issuance of water quality

12  certification by the department, to use such sediment for

13  beach nourishment as prescribed by the department division.

14  For any construction or excavation within or immediately

15  contiguous to any coastal barrier beach inlet which has been

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

17  the permittee to supply beach profiles and conduct

18  hydrographic monitoring of the impacted area.

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

20  161.053, Florida Statutes, is amended to read:

21         161.053  Coastal construction and excavation;

22  regulation on county basis.--

23         (6)

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

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

26  application date, the department shall consider the impact on

27  the erosion rates of an existing beach nourishment

28  renourishment or restoration project or of a beach nourishment

29  renourishment or restoration project for which all funding

30  arrangements have been made and all permits have been issued

31  at the time the application is submitted.  The department

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

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

  3  the seaward extent of the beach nourishment renourishment or

  4  restoration project beyond the erosion control line shall not

  5  be considered in determining the applicable erosion rates.

  6  Nothing in this subsection shall prohibit the department from

  7  requiring structures to meet criteria established in

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

  9  further landward than required by this subsection based on the

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

11  subsection (5).

12         Section 5.  Section 161.082, Florida Statutes, is

13  amended to read:

14         161.082  Review of innovative technologies for beach

15  nourishment renourishment.--The department is directed to

16  periodically review innovative technologies for beach

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

18  through the permitting process, experimental projects that are

19  alternatives to traditional dredge and fill projects to

20  determine the most effective and less costly techniques for

21  beach nourishment renourishment.

22         Section 6.  Section 161.088, Florida Statutes, is

23  amended to read:

24         161.088  Declaration of public policy respecting beach

25  erosion control and beach restoration and nourishment

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

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

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

29  hereby declared to be a necessary governmental responsibility

30  to properly manage and protect Florida beaches fronting on the

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

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  1  erosion and that the Legislature make provision for beach

  2  restoration and nourishment renourishment projects. The

  3  Legislature declares that such beach restoration and

  4  nourishment renourishment projects, as approved pursuant to s.

  5  161.161, are in the public interest; must be in an area

  6  designated as critically eroded shoreline, or benefit an

  7  adjacent critically eroded shoreline; must have a clearly

  8  identifiable beach management benefit consistent with the

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

10  potential upland damage or mitigate adverse impacts caused by

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

12  existing upland development. Given the extent of the problem

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

14  beach restoration and nourishment renourishment projects shall

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

16  strategies, fosters regional coordination of projects,

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

18  solutions. The Legislature further declares that nothing

19  herein is intended to reduce or amend the beach protection

20  programs otherwise established in this chapter or to result in

21  local governments altering the coastal management elements of

22  their local government comprehensive plans pursuant to chapter

23  163.

24         Section 7.  Subsections (1) and (2) of section 161.091,

25  Florida Statutes, are amended to read:

26         161.091  Beach management; funding; repair and

27  maintenance strategy.--

28         (1)  Subject to such appropriations as the Legislature

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

30  Ecosystem Management and Restoration Trust Fund may be made by

31  the department in order to carry out the proper state

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  1  responsibilities in a comprehensive, long-range, statewide

  2  beach management plan for erosion control; beach preservation,

  3  restoration, and nourishment renourishment; and storm and

  4  hurricane protection. Legislative intent in appropriating such

  5  funds is for the implementation of those projects that

  6  contribute most significantly to addressing the state's beach

  7  erosion problems.

  8         (2)  The department shall develop a multiyear repair

  9  and maintenance strategy that:

10         (a)  Encourages regional approaches to ensure the

11  geographic coordination and sequencing of prioritized

12  projects;

13         (b)  Reduces equipment mobilization and demobilization

14  costs;

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

16  the system;

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

18  reduces the frequency of nourishment renourishment; and

19         (e)  Promotes inlet sand bypassing to replicate the

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

21  altered inlets and ports.

22         Section 8.  Section 161.101, Florida Statutes, is

23  amended to read:

24         161.101  State and local participation in authorized

25  projects and studies relating to beach management and erosion

26  control.--

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

28  statewide problem that does not confine its effects to local

29  governmental jurisdictions and that beach erosion can be

30  adequately addressed most efficiently by a state-initiated

31  program of beach restoration and beach nourishment

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  1  renourishment. However, since local beach communities derive

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

  3  program of beach restoration and beach nourishment

  4  renourishment should not be accomplished without a commitment

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

  6  Accordingly, the Legislature declares that the state, through

  7  the department, shall determine those beaches which are

  8  critically eroded eroding and in need of restoration and

  9  nourishment renourishment and may authorize appropriations to

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

11  nourishing renourishing a critically eroded beach. The local

12  government in which the beach is located shall be responsible

13  for the balance of such costs.

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

15  programs, the department is hereby constituted as the beach

16  and shore preservation authority for the state. In this

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

18  own initiative take all necessary steps as soon as practicable

19  and desirable to implement the provisions of this chapter.

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

21  authorized by Congress for federal financial participation in

22  accordance with any Act of Congress relating to beach erosion

23  control in which nonfederal participation is required, it

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

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

26  determined by the department.

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

28  all duly established beach and shore preservation districts

29  and local governments within the state, may enter into

30  cooperative agreements and otherwise cooperate with, and meet

31  the requirements and conditions (including, but not limited

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

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

  3  any agencies or representatives thereof, for the purpose of

  4  improving, furthering, and expediting the beach management

  5  program.

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

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

  8  control as are available and to sign all necessary agreements

  9  therefor and to do and perform all necessary acts in

10  connection therewith to effectuate the intent and purposes of

11  this act.

12         (6)  The department is authorized to make application

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

14  preservation project under any Acts of Congress and all

15  amendments thereto.

16         (7)  The department is authorized to implement regional

17  components of the beach management plan pursuant to ss.

18  161.091 and 161.161 and, where appropriate, to enter into

19  agreements with the Federal Government, inlet districts, port

20  authorities, intercoastal waterway districts, and local

21  governments to cost-share and coordinate such activity.

22         (8)  The department is authorized to sponsor or

23  cosponsor demonstration projects of new or innovative

24  technologies which have the potential to reduce project costs,

25  conserve beach quality sand, extend the life of beach

26  nourishment projects, and improve inlet sand bypassing

27  pursuant to s. 161.091.

28         (9)  The department is authorized to pay up to 100

29  percent of the construction and maintenance costs of approved

30  beach erosion control projects authorized for construction

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  1  pursuant to subsection (16) when construction and maintenance

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

  3         (10)  With regard to a project approved in accordance

  4  with s. 161.161, the department is authorized to pay from

  5  legislative appropriations specifically provided for these

  6  purposes an amount up to 75 percent of the actual costs of

  7  contractual services the approved project, including, but not

  8  limited to, the costs for:

  9         (a)  Feasibility and related planning studies. Project

10  design engineering and construction supervision and

11  inspection;

12         (b)  Design. Biological monitoring;

13         (c)  Construction. Inlet sand transfer projects;

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

15  biological and physical monitoring requirements that are based

16  upon scientifically based criteria. Dune revegetation and

17  stabilization;

18         (e)  Restoration, renourishment, or feeder beach

19  project costs;

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

21  access easements, and vehicle parking spaces;

22         (g)  Obtaining required permits;

23         (h)  Establishing erosion control lines;

24         (i)  Enhancement of marine turtle propagation; and

25         (j)  Sand-source studies.

26         (11)  A project, in order to receive state funds, must

27  provide for adequate public access, protect natural resources,

28  and provide protection for endangered and threatened species.

29         (12)  The department may not fund projects that provide

30  only recreational benefits. All funded activities must have an

31  identifiable beach erosion control or beach preservation

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  1  benefit directed toward maintaining or enhancing sand in the

  2  system. Activities ineligible for cost-sharing include:

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

  4  boardwalks.

  5         (b)  Park activities and facilities, except for erosion

  6  control.

  7         (c)  Aesthetic vegetation.

  8         (d)  Water quality components of stormwater management

  9  systems.

10         (e)  Experimental or demonstration projects, unless

11  favorably peer reviewed or scientifically documented.

12         (f)  Hard structures, unless designed for erosion

13  control or to enhance beach nourishment project longevity or

14  bypassing performance.

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

16  nourishment.

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

18         (i)  Navigation construction, operation, and

19  maintenance activities, except those elements whose purpose is

20  to place or keep sand on adjacent beaches.

21         (13)(11)  The intent of the Legislature in preserving

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

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

24  most severely eroded eroding beaches, and to prevent further

25  adverse impact caused by improved, modified, or altered

26  navigation inlets, coastal armoring, or existing upland

27  development. In establishing annual project funding

28  priorities, the department shall seek formal input from local

29  coastal governments, beach and general government interest

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

31

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  1  the department in determining annual funding priorities shall

  2  include:

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

  4  existing upland development, and recreational and/or economic

  5  benefits.

  6         (b)  The availability of federal matching dollars.

  7         (c)  The extent of local government sponsor financial

  8  and administrative commitment to the project, including a

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

10  sources for initial construction and periodic maintenance.

11         (d)  Previous state commitment and involvement in the

12  project.

13         (e)  The anticipated physical performance of the

14  proposed project, including the frequency of periodic planned

15  nourishment renourishment.

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

17  the adverse impact of improved, modified, or altered

18  navigation inlets on adjacent beaches.

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

20  sensitive applications to reduce erosion.

21         (h)  Proposed beach nourishment Projects that provide

22  enhanced habitat within or adjacent to designated refuges of

23  nesting sea turtles.

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

25  beach erosion control projects agree to coordinate the

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

27  advantage of identifiable cost savings.

28

29  If more than one project qualifies equally under this

30  subsection, the department shall assign funding priority to

31  those projects that are ready to proceed.

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  1         (14)(12)  Until the unmet demand for repairing

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

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

  4  equally between the state and local sponsors.

  5         (15)(13)  In order to encourage regional approaches

  6  that provide cost savings, and notwithstanding subsection (14)

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

  8  from geographic coordination and sequencing of two or more

  9  discrete erosion control projects shall proportionally reduce

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

11  participation does not exceed 75 percent as provided by

12  subsection (10).

13         (16)(14)  The selection of a project engineer

14  acceptable to the department by local government as project

15  sponsor shall be on the basis of competitive negotiation as

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

17  responsibility for all project costs in excess of the state

18  cost limitation.

19         (17)(15)  A local government desiring to initiate and

20  pay the entire cost of designing, constructing, and

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

22  initiating such construction may be reimbursed from state

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

24  provided the project is approved by the department before

25  initiation of construction and based on legislative

26  appropriations and whether it furthers the provisions of s.

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

28  responsible for obtaining federal reimbursement in the case of

29  federal-aid projects.

30         (16)  The department may expend funds from the

31  Ecosystem Management and Restoration Trust Fund to alleviate

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

  2  the Governor and Cabinet that a shoreline emergency of state

  3  concern exists. Any expenditures made for this purpose shall

  4  be pursuant to legislative appropriations or from amendments

  5  to original approved operating budgets authorized pursuant to

  6  s. 216.181.

  7         (18)(17)  Twenty-five percent of any funds appropriated

  8  for implementation of this section shall be held by the

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

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

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

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

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

14  is made for projects.

15         (19)(18)  The department shall maintain a current

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

17  the availability of local resources and changes in the

18  criteria listed in subsection (13) s. 161.161, revise the

19  project listing.

20         (20)  The department may adopt rules to implement this

21  section.

22         Section 9.  Section 161.141, Florida Statutes, is

23  amended to read:

24         161.141  Property rights of state and private upland

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

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

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

28  nourishment renourishment, and erosion control projects, the

29  boundary line between sovereignty lands of the state bordering

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

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

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  1  thereof, and the upland properties adjacent thereto; except

  2  that such boundary line shall not be fixed for beach

  3  restoration projects that result from inlet or navigation

  4  channel maintenance dredging projects unless such projects

  5  involve the construction of authorized beach restoration

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

  7  restoration project, the board of trustees must establish the

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

  9  additions to the upland property landward of the established

10  line of mean high water which result from the restoration

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

12  governmental regulations and are not to be used to justify

13  increased density or the relocation of the coastal

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

15  property. The resulting additions to upland property are also

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

17  beach consistent with uses that would have been allowed prior

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

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

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

21  deprive any upland or submerged land owner of the legitimate

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

23  If an authorized beach restoration, beach nourishment

24  renourishment, and erosion control project cannot reasonably

25  be accomplished without the taking of private property, the

26  taking must be made by the requesting authority by eminent

27  domain proceedings.

28         Section 10.  Section 161.161, Florida Statutes, is

29  amended to read:

30         161.161  Procedure for approval of projects.--

31

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  1         (1)  The department division shall develop and maintain

  2  a comprehensive long-term management plan for the restoration

  3  and maintenance of the state's critically eroded eroding

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

  5  Straits of Florida. The beach management plan shall:

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

  7  critically eroded eroding beaches in this state.

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

  9  coastal beach inlet and determine whether the inlet is a

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

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

12  plan shall must include:

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

14  and recommendations to mitigate the erosive impact of the

15  inlet, including, but not limited to, recommendations

16  regarding inlet sediment bypassing; modifications to channel

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

18  establishment of feeder beaches; and beach restoration and

19  beach nourishment renourishment; and

20         2.  Cost estimates necessary to take inlet corrective

21  measures and recommendations regarding cost sharing among the

22  beneficiaries of such inlet.

23         (c)  Specify Design criteria for beach restoration and

24  beach nourishment renourishment projects, including, but not

25  limited to:

26         1.  Dune elevation and width and revegetation and

27  stabilization requirements; and

28         2.  Beach profile.

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

30  alternative to direct beach restoration and recommend the

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  1  location of such feeder beaches and the source of

  2  beach-compatible sand.

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

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

  5  major beach and dune systems by surveys and profiles.

  6         (f)  Identify shoreline development and degree of

  7  density and assess impacts of development and shoreline

  8  protective structures on shoreline change and erosion.

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

10  and benefits of beaches, including recreational value to user

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

12  and maintenance costs.

13         (h)  Study dune and vegetation conditions.

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

15  develop strategies for protection of the turtles and their

16  nests and nesting locations.

17         (j)  Identify alternative management responses to

18  preserve undeveloped beach and dune systems, to restore

19  damaged beach and dune systems, and to prevent inappropriate

20  development and redevelopment on migrating beaches, and

21  consider beach restoration and nourishment renourishment,

22  armoring, relocation and abandonment, dune and vegetation

23  restoration, and acquisition.

24         (k)  Establish criteria, including costs and specific

25  implementation actions, for alternative management techniques.

26         (l)  Select and recommend appropriate management

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

28  management program.

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

30  nourishment renourishment projects, arranged in order of

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

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  1

  2  The beach management plan may be prepared at the regional

  3  level based upon areas of greatest need and probable federal

  4  funding. Such regional plans shall be components of the

  5  statewide beach management plan and shall serve as the basis

  6  for state funding decisions upon approval in accordance with

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

  8  established for the submission of regional plans by the

  9  department, any completed plan must be submitted to the

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

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

12  not be limited to, recommendations of appropriate funding

13  mechanisms for implementing projects in the beach management

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

15  multicounty taxing districts or other revenue generation

16  measures by state and local governments and the private

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

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

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

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

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

22         (2)  In establishing the recommended list of

23  restoration and renourishment projects described in subsection

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

25  criteria:

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

27  served by increased beach area;

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

29  property from beach erosion;

30

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

  2  restoration or renourishment project, as measured by the

  3  anticipated amount and frequency of future renourishment;

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

  5  statewide effort to control the erosion of the beaches;

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

  7  including the costs for restoration and for periodic

  8  renourishment;

  9         (f)  The proximity of an adequate source of

10  beach-compatible sand;

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

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

13  including adequate vehicle parking or consolidated public

14  access points, taking into account existing access points and

15  local public access needs;

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

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

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

19  worm and rock reefs, submerged and emergent vegetation,

20  fishing resources, and turtle nesting;

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

22  area of the project have enacted ordinances or other

23  regulations to protect sea turtles from the adverse effects of

24  beachfront lighting.

25

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

27  net positive manner shall result in a greater priority being

28  assigned to those projects. In addition to consideration of

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

30  receive state funds, must provide for public access in

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

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  1  protection for those historically established habitats

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

  3  species.

  4         (2)(3)  Upon approval of the beach management plan by

  5  the department, the secretary shall present to the President

  6  of the Senate, the Speaker of the House of Representatives,

  7  and the chairs of the legislative appropriations committees

  8  recommendations for funding of beach erosion control projects.

  9  Such recommendations, compiled by region, shall be presented

10  to such members of the Legislature in the priority order

11  specified in the plan and established pursuant to criteria

12  contained in subsection (2) and s. 161.101(13)(11).

13         (3)(4)  Once a project is determined to be undertaken,

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

15  jurisdiction of the local government in which the beach is

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

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

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

19  construed as preventing a local government from participating

20  in the funding of erosion control projects or surveys

21  undertaken in accordance with the provisions of ss.

22  161.141-161.211. In lieu of conducting a survey, the board of

23  trustees may accept and approve a survey as initiated,

24  conducted, and submitted by the appropriate local government

25  if said survey is made in conformity with the appropriate

26  principles set forth in ss. 161.141-161.211.

27         (4)(5)  Upon completion of the survey depicting the

28  area of the beach erosion control project and the proposed

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

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

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

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  1  of receiving evidence on the merits of the proposed project

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

  3  requested erosion control line. Such notice shall be by

  4  publication in a newspaper of general circulation published in

  5  the county or counties in which the proposed beach erosion

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

  7  3 consecutive weeks and by mailing copies of such notice by

  8  certified or registered mail to each riparian owner of record

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

10  of the shoreline to be extended through construction of the

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

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

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

14  control project or in the location of such requested erosion

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

16  views concerning necessity for the project and the precise

17  location of the proposed erosion control line. Such notice

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

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

20  the beach restoration or beach renourishment project as it

21  affects sovereignty lands. If approval is granted, the

22  secretary shall authorize the expenditure from legislative

23  appropriations specifically provided for these purposes of the

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

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

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

27  the board of trustees shall be guided generally by the

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

29  requirements of proper engineering in the erosion control

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

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

  2  as is reasonably possible.

  3         (5)(7)  In no event shall the department undertake a

  4  beach restoration or beach nourishment renourishment project

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

  6  share is required without the approval of the local government

  7  or governments responsible for that local share.

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

  9  administer this section reviewing and determining projects

10  eligible for state funds.

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

12

13            *****************************************

14                          SENATE SUMMARY

15    Revises provisions relating to beach management and
      nourishment. Replaces references to "beach renourishment"
16    with the term "beach nourishment." Revises monitoring
      requirements relating to permits for beach nourishment.
17    Gives the Department of Environmental Protection
      authority over certain construction. Revises a
18    declaration of public policy regarding beach errosion
      control, restoration, and renourishment. Provides
19    legislative intent. Revises criteria for state funding of
      certain projects and studies. Provides for the adoption
20    of rules. Revises provisions relating to the
      comprehensive long-term beach-management plan. Deletes
21    certain project criteria and approval requirements for
      projects. (See bill for details.)
22

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