Senate Bill 2506c1

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    Florida Senate - 2000                           CS for SB 2506

    By the Committee on Natural Resources and Senator Bronson





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  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.; 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 provisions

28         relating to a nonexisting 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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  1         deleting project criteria; revising department

  2         rulemaking authority; providing an effective

  3         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 must 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.  Subsections (1) and (2) of section 161.091,

30  Florida Statutes, are 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         (a)  Encourages regional approaches to ensure the

17  geographic coordination and sequencing of prioritized

18  projects;

19         (b)  Reduces equipment mobilization and demobilization

20  costs;

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

22  the system;

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

24  reduces the frequency of nourishment renourishment; and

25         (e)  Promotes inlet sand bypassing to replicate the

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

27  altered inlets and ports.

28         Section 8.  Section 161.101, Florida Statutes, is

29  amended to read:

30

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  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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  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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  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  municipalities, counties, and special districts for inlet

17  management activities and to cost-share those components of

18  inlet projects that minimize the erosive effects of the inlet

19  or 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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  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 that are based

  8  upon scientifically based criteria. Dune revegetation and

  9  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, must

19  provide for adequate public access, protect natural resources,

20  and provide protection for endangered and threatened species.

21         (13)  The department may not fund projects that provide

22  only recreational benefits. All funded activities must have an

23  identifiable beach erosion control or beach preservation

24  benefit directed toward maintaining or enhancing sand in the

25  system. Activities ineligible for cost-sharing include:

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

27  boardwalks.

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

29  control.

30         (c)  Aesthetic vegetation.

31

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  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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  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  If more than one project qualifies equally under this

24  subsection, the department shall assign funding priority to

25  those projects that are ready to proceed.

26         (15)(12)  Until the unmet demand for repairing

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

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

29  equally between the state and local sponsors.

30         (16)(13)  In order to encourage regional approaches

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

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

  2  from geographic coordination and sequencing of two or more

  3  discrete erosion control projects shall proportionally reduce

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

  5  participation does not exceed 75 percent as provided by

  6  subsection (10).

  7         (17)(14)  The selection of a project engineer

  8  acceptable to the department by local government as project

  9  sponsor shall be on the basis of competitive negotiation as

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

11  responsibility for all project costs in excess of the state

12  cost limitation.

13         (18)(15)  A local government desiring to initiate and

14  pay the entire cost of designing, constructing, and

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

16  initiating such construction may be reimbursed from state

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

18  provided the project is approved by the department before

19  initiation of construction and based on legislative

20  appropriations and whether it furthers the provisions of s.

21  161.161. Such local interests shall, as project sponsor, be

22  responsible for obtaining federal reimbursement in the case of

23  federal-aid projects.

24         (16)  The department may expend funds from the

25  Ecosystem Management and Restoration Trust Fund to alleviate

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

27  the Governor and Cabinet that a shoreline emergency of state

28  concern exists. Any expenditures made for this purpose shall

29  be pursuant to legislative appropriations or from amendments

30  to original approved operating budgets authorized pursuant to

31  s. 216.181.

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  1         (19)(17)  Twenty-five percent of any funds appropriated

  2  for implementation of this section shall be held by the

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

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

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

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

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

  8  is made for projects.

  9         (20)(18)  The department shall maintain a current

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

11  the availability of local resources and changes in the

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

13  project listing.

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

15  section.

16         Section 9.  Section 161.141, Florida Statutes, is

17  amended to read:

18         161.141  Property rights of state and private upland

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

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

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

22  nourishment renourishment, and erosion control projects, the

23  boundary line between sovereignty lands of the state bordering

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

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

26  thereof, and the upland properties adjacent thereto; except

27  that such boundary line shall not be fixed for beach

28  restoration projects that result from inlet or navigation

29  channel maintenance dredging projects unless such projects

30  involve the construction of authorized beach restoration

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

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  1  restoration project, the board of trustees must establish the

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

  3  additions to the upland property landward of the established

  4  line of mean high water which result from the restoration

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

  6  governmental regulations and are not to be used to justify

  7  increased density or the relocation of the coastal

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

  9  property. The resulting additions to upland property are also

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

11  beach consistent with uses that would have been allowed prior

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

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

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

15  deprive any upland or submerged land owner of the legitimate

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

17  If an authorized beach restoration, beach nourishment

18  renourishment, and erosion control project cannot reasonably

19  be accomplished without the taking of private property, the

20  taking must be made by the requesting authority by eminent

21  domain proceedings.

22         Section 10.  Section 161.111, Florida Statutes, is

23  amended to read:

24         161.111  Shore erosion emergency.--If a shore erosion

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

26  through the department, may spend whatever state funds are

27  available to alleviate shore erosion, including such funds

28  specifically set aside for such purposes in the erosion

29  control account.

30         Section 11.  Section 161.161, Florida Statutes, is

31  amended to read:

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  1         161.161  Procedure for approval of projects.--

  2         (1)  The department division shall develop and maintain

  3  a comprehensive long-term management plan for the restoration

  4  and maintenance of the state's critically eroded eroding

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

  6  Straits of Florida. The beach management plan shall:

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

  8  critically eroded eroding beaches in this state.

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

10  coastal beach inlet and determine whether the inlet is a

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

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

13  plan shall must include:

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

15  and recommendations to mitigate the erosive impact of the

16  inlet, including, but not limited to, recommendations

17  regarding inlet sediment bypassing; modifications to channel

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

19  establishment of feeder beaches; and beach restoration and

20  beach nourishment renourishment; and

21         2.  Cost estimates necessary to take inlet corrective

22  measures and recommendations regarding cost sharing among the

23  beneficiaries of such inlet.

24         (c)  Specify Design criteria for beach restoration and

25  beach nourishment renourishment projects, including, but not

26  limited to:

27         1.  Dune elevation and width and revegetation and

28  stabilization requirements; and

29         2.  Beach profile.

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

31  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;

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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.

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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(14)(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 erosion

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

  3  and establishing such requested erosion control line. Such

  4  notice shall be by publication in a newspaper of general

  5  circulation published in the county or counties in which the

  6  proposed beach erosion control project shall be located not

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

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

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

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

11  construction of the proposed beach erosion control project, as

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

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

14  interest in the beach erosion control project or in the

15  location of such requested erosion control line can be present

16  at such hearing to submit their views concerning necessity for

17  the project and the precise location of the proposed erosion

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

19  requirement in chapter 120.

20         (5)(6)  The board of trustees shall approve or

21  disapprove the erosion control line for a beach restoration or

22  beach renourishment project. as it affects sovereignty lands.

23  If approval is granted, the secretary shall authorize the

24  expenditure from legislative appropriations specifically

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

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

27  trustees shall establish the location of the erosion control

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

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

30  bearing in mind the requirements of proper engineering in the

31  beach restoration erosion control project, the extent to which

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

  2  existing ownership of as much upland as is reasonably

  3  possible.

  4         (6)(7)  In no event shall the department undertake a

  5  beach restoration or beach nourishment renourishment project

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

  7  share is required without the approval of the local government

  8  or governments responsible for that local share.

  9         (7)(8)  The department may shall adopt rules to for

10  administer this section reviewing and determining projects

11  eligible for state funds.

12         Section 12.  This act shall take effect July 1, 2000.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2506

  3

  4  -     Section 161.088, F.S., is amended to include inlet
          management projects that cost-effectively provide beach
  5        quality material for adjacent critically eroded beaches
          along with beach restoration and nourishment projects as
  6        necessary activities to be provided for by the
          Legislature.
  7
    -     Section 161.101, F.S., is amended to provide that
  8        because improved, modified, or altered inlets are a
          significant cause of beach erosion, it is the
  9        Legislature's intent to manage the erosive impacts of
          inlets under the state's beach management program.
10        Accordingly, it is the further intent of the legislature
          for the state to cost-share those components of inlet
11        projects that minimize the erosive effects of the inlet
          or cost-effectively provide for the placement of beach
12        quality material on adjacent eroded beaches.

13        In addition, the department is authorized to enter into
          cooperative agreements with local governments, including
14        cities, counties, and special districts, for inlet
          management activities and to cost-share those components
15        of inlet projects that minimize the erosive effects of
          the inlet or cost-effectively provide for the placement
16        of beach quality material on adjacent eroded beaches.

17        Finally, the degree to which a project addresses the
          state's most significant beach erosion problems is added
18        to the list of criteria to be considered in determining
          funding priorities for projects.
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    -     Section 161.111, F.S., is amended to delete a reference
20        to the non-existing erosion control account.

21  -     Section 161.161, F.S., is amended to clarify how the
          erosion control line is established by the Trustees and
22        delete obsolete and redundant provisions.

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