Senate Bill sb0796

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    Florida Senate - 2005                                   SB 796

    By Senators Clary, Campbell, Argenziano and Haridopolos


  1                      A bill to be entitled

  2         An act relating to coastal erosion; amending s.

  3         161.021, F.S.; redefining various terms to

  4         include the use of dune stabilization or

  5         restoration structures within activities

  6         intended to preserve and rehabilitate the beach

  7         or shore; defining the terms "dune restoration"

  8         and "dune stabilization or restoration

  9         structure"; creating s. 161.084, F.S.;

10         requiring the Department of Environmental

11         Protection to examine and issue permits for the

12         installation of dune stabilization or

13         restoration structures; providing for the

14         department, a political subdivision, or a

15         municipality to install a dune stabilization or

16         restoration structure without a permit

17         following a storm event that causes critical

18         erosion; providing requirements for such

19         installation; requiring that the department be

20         notified of such installation; authorizing the

21         department to delegate its regulatory authority

22         to a political subdivision or municipality with

23         respect to a dune stabilization or restoration

24         structure; authorizing the department to

25         require certain engineering certifications;

26         providing standards for permitting

27         requirements; requiring the department to adopt

28         rules; providing an effective date.


30         WHEREAS, coastal barrier dunes are among the most

31  valuable natural resources of this state because dunes serve


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    Florida Senate - 2005                                   SB 796

 1  as the final line of defense against the attack of storms,

 2  waves, and currents, and

 3         WHEREAS, critical erosion of the state's beaches and

 4  damage to the dune system have advanced to emergency

 5  proportions and must be stabilized in order to protect against

 6  irreparable harm and prevent further loss of natural resources

 7  and damage to property, and

 8         WHEREAS, such erosion causes a significant threat to

 9  the economy, is a detriment to the state's vital tourism

10  industry and beach-related employment, and reduces coastal

11  property values and beach access, and

12         WHEREAS, any such structure affecting the beach-dune

13  system should use the most environmentally benign methods

14  possible in order to preserve the natural qualities of the

15  marine environment and should be used in conjunction with

16  approved beach nourishment projects, NOW, THEREFORE,


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


20         Section 1.  Subsection (2) of section 161.021, Florida

21  Statutes, is amended, present subsections (8), (9), and (10)

22  of that section are redesignated as subsections (10), (11),

23  and (12), respectively, and new subsections (8) and (9) are

24  added to that section, to read:

25         161.021  Definitions.--In construing these statutes,

26  where the context does not clearly indicate otherwise, the

27  word, phrase, or term:

28         (2)  "Beach and shore preservation," "erosion control,

29  beach preservation and hurricane protection," "beach erosion

30  control" and "erosion control" includes, but is not limited

31  to, erosion control, hurricane protection, coastal flood


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    Florida Senate - 2005                                   SB 796

 1  control, dune restoration, the use of dune stabilization or

 2  restoration structures, shoreline and offshore rehabilitation,

 3  and regulation of work and activities likely to affect the

 4  physical condition of the beach or shore.

 5         (8)  "Dune restoration" means the placement of native

 6  or beach-compatible sand, either alone or together with a dune

 7  stabilization or restoration structure, in order to stabilize,

 8  protect, or restore a dune to a natural appearance and

 9  functioning condition and provide storm protection for upland

10  properties.

11         (9)  "Dune stabilization or restoration structure"

12  means a sloping subsurface core covered with native or

13  beach-compatible sand and native vegetation designed to

14  stabilize, protect, or restore the dune to a natural

15  appearance and functioning condition, including a sand-filled

16  geosynthetic container or other soft protection system.

17         Section 2.  Section 161.084, Florida Statutes, is

18  created to read:

19         161.084  Dune stabilization or restoration

20  structures.--

21         (1)  The department shall examine, study, and issue

22  permits for the installation of dune stabilization or

23  restoration structures as an alternative method for dealing

24  with coastal erosion and to avoid the permanent loss of dunes

25  or beaches, the scouring or erosion of adjacent property, and

26  loss of habitat for nesting marine turtles.

27         (2)  The department may issue permits for the use of

28  dune stabilization or restoration structures for the purpose

29  of preventing erosion or restoring the beach-dune system

30  following critical erosion.



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    Florida Senate - 2005                                   SB 796

 1         (3)  If a storm event occurs which causes critical

 2  erosion to the beach-dune system and a permit has not been

 3  issued pursuant to subsection (2), the department, political

 4  subdivision, or municipality may install or authorize the

 5  installation of dune stabilization or restoration structures

 6  as an emergency response measure in order to stabilize,

 7  protect, or restore the beach-dune system, so long as the dune

 8  stabilization or restoration structure:

 9         (a)  Is installed in a segment that is designated by

10  the department as critically eroded, is vulnerable to becoming

11  critically eroded due to a 25-year-interval storm, or is

12  located between critically eroded segments of the beach-dune

13  system and inclusion is necessary for design purposes or

14  continuity of management of the beach-dune system.

15         (b)  Is installed in a subsurface site and covered with

16  3 feet of native or beach-compatible sand and native

17  dune-stabilizing vegetation.

18         (c)  Is sited as far landward as practicable in order

19  to minimize excavation of the beach and frontal dune, impacts

20  to existing native coastal vegetation, and impacts to adjacent

21  properties that continue to provide adequate protection for

22  the dune and upland structures, if any.

23         (d)  Promotes scenery that is compatible with

24  recreation and tourism.

25         (e)  Provides a gently sloping angle having a seaward

26  surface that is no steeper than 3 feet horizontal to 1 foot

27  vertical.

28         (f)  Does not materially impede access by the public or

29  marine life.




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    Florida Senate - 2005                                   SB 796

 1         (g)  Provides toe scour protection to prevent the

 2  structure and the beach-dune system from being undermined by

 3  further erosion.

 4         (h)  Is designed to facilitate easy removal if it

 5  ceases to function due to irreparable damage and causes

 6  significant adverse impact.

 7         (i)  Is designed to minimize significant adverse impact

 8  to marine turtles and turtle hatchlings, consistent with s.

 9  370.12.

10         (4)  In order to encourage landowner participation in

11  the long-term stabilization, restoration, and protection of

12  the beach-dune system through a predictable and flexible

13  permitting process, the department and other permitting

14  agencies shall issue permits for subsurface dune stabilization

15  or restoration structures if the proposed activity

16  substantially complies with the requirements set forth in

17  paragraphs (3)(a)-(i).

18         (5)  A permitting agency shall notify the department if

19  it installs or authorizes the installation of any dune

20  stabilization or restoration structures within its

21  jurisdiction. The department may delegate its permitting,

22  supervisory, and regulatory authority to authorize a political

23  subdivision or municipality to permit, supervise, and regulate

24  such dune stabilization or restoration structure pursuant to

25  s. 161.053.

26         (6)  The department may require any engineering

27  certifications that are necessary in order to ensure the

28  adequacy of the design and construction of permitted projects.

29         (7)  The department shall use clearly defined

30  scientific principles as the basis for including any

31  biological or environmental monitoring conditions in the


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    Florida Senate - 2005                                   SB 796

 1  permit requirements, denying any permit application, or

 2  accepting any engineering evidence provided by a coastal

 3  engineer.

 4         (8)  The department shall adopt rules to administer

 5  this section.

 6         Section 3.  This act shall take effect upon becoming a

 7  law.


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10                          SENATE SUMMARY

11    Requires the Department of Environmental Protection to
      issue permits for installing dune stabilization or
12    restoration structures. Provides for such structures to
      be installed without a permit following a storm event
13    that causes critical erosion. Requires that the
      department be notified following such installation.
14    Requires that the department adopt rules.



















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