HB 0921

1	A bill to be entitled
2	An act relating to coastal erosion; amending s. 161.021,
3	F.S.; redefining various terms to include the use of dune
4	stabilization or restoration structures within activities
5	intended to preserve and rehabilitate the beach or shore;
6	defining the terms "dune restoration" and "dune
7	stabilization or restoration structure"; creating s.
8	161.084, F.S.; requiring the Department of Environmental
9	Protection to examine and issue permits for the
10	installation of dune stabilization or restoration
11	structures; providing for the department, a political
12	subdivision, or a municipality to install a dune
13	stabilization or restoration structure without a permit
14	following a storm event that causes critical erosion;
15	providing requirements for such installation; requiring
16	that the department be notified of such installation;
17	authorizing the department to delegate its regulatory
18	authority to a political subdivision or municipality with
19	respect to a dune stabilization or restoration structure;
20	authorizing the department to require certain engineering
21	certifications; providing standards for permitting
22	requirements; requiring the department to adopt rules;
23	providing an effective date.
24
25	WHEREAS, coastal barrier dunes are among the most valuable
26	natural resources of this state because dunes serve as the final
27	line of defense against the attack of storms, waves, and
28	currents, and
29	WHEREAS, critical erosion of the state's beaches and damage
30	to the dune system have advanced to emergency proportions and
31	must be stabilized in order to protect against irreparable harm
32	and prevent further loss of natural resources and damage to
33	property, and
34	WHEREAS, such erosion causes a significant threat to the
35	economy, is a detriment to the state's vital tourism industry
36	and beach-related employment, and reduces coastal property
37	values and beach access, and
38	WHEREAS, any such structure affecting the beach-dune system
39	should use the most environmentally benign methods possible in
40	order to preserve the natural qualities of the marine
41	environment and should be used in conjunction with approved
42	beach nourishment projects, NOW, THEREFORE,
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsection (2) of section 161.021, Florida
47	Statutes, is amended, present subsections (8), (9), and (10) of
48	that section are redesignated as subsections (10), (11), and
49	(12), respectively, and new subsections (8) and (9) are added to
50	that section, to read:
51	161.021  Definitions.--In construing these statutes, where
52	the context does not clearly indicate otherwise, the word,
53	phrase, or term:
54	(2)  "Beach and shore preservation," "erosion control,
55	beach preservation and hurricane protection," "beach erosion
56	control" and "erosion control" includes, but is not limited to,
57	erosion control, hurricane protection, coastal flood control,
58	dune restoration, the use of dune stabilization or restoration
59	structures, shoreline and offshore rehabilitation, and
60	regulation of work and activities likely to affect the physical
61	condition of the beach or shore.
62	(8)  "Dune restoration" means the placement of native or
63	beach-compatible sand, either alone or together with a dune
64	stabilization or restoration structure, in order to stabilize,
65	protect, or restore a dune to a natural appearance and
66	functioning condition and provide storm protection for upland
67	properties.
68	(9)  "Dune stabilization or restoration structure" means a
69	sloping subsurface core covered with native or beach-compatible
70	sand and native vegetation designed to stabilize, protect, or
71	restore the dune to a natural appearance and functioning
72	condition, including a sand-filled geosynthetic container or
73	other soft protection system.
74	Section 2.  Section 161.084, Florida Statutes, is created
75	to read:
76	161.084  Dune stabilization or restoration structures.--
77	(1)  The department shall examine, study, and issue permits
78	for the installation of dune stabilization or restoration
79	structures as an alternative method for dealing with coastal
80	erosion and to avoid the permanent loss of dunes or beaches, the
81	scouring or erosion of adjacent property, and loss of habitat
82	for nesting marine turtles.
83	(2)  The department may issue permits for the use of dune
84	stabilization or restoration structures for the purpose of
85	preventing erosion or restoring the beach-dune system following
86	critical erosion.
87	(3)  If a storm event occurs which causes critical erosion
88	to the beach-dune system and a permit has not been issued
89	pursuant to subsection (2), the department, political
90	subdivision, or municipality may install or authorize the
91	installation of dune stabilization or restoration structures as
92	an emergency response measure in order to stabilize, protect, or
93	restore the beach-dune system, so long as the dune stabilization
94	or restoration structure:
95	(a)  Is installed in a segment that is designated by the
96	department as critically eroded, is vulnerable to becoming
97	critically eroded due to a 25-year-interval storm, or is located
98	between critically eroded segments of the beach-dune system and
99	inclusion is necessary for design purposes or continuity of
100	management of the beach-dune system.
101	(b)  Is installed in a subsurface site and covered with 3
102	feet of native or beach-compatible sand and native dune-
103	stabilizing vegetation.
104	(c)  Is sited as far landward as practicable in order to
105	minimize excavation of the beach and frontal dune, impacts to
106	existing native coastal vegetation, and impacts to adjacent
107	properties that continue to provide adequate protection for the
108	dune and upland structures, if any.
109	(d)  Promotes scenery that is compatible with recreation
110	and tourism.
111	(e)  Provides a gently sloping angle having a seaward
112	surface that is no steeper than 3 feet horizontal to 1 foot
113	vertical.
114	(f)  Does not materially impede access by the public or
115	marine life.
116	(g)  Provides toe scour protection to prevent the structure
117	and the beach-dune system from being undermined by further
118	erosion.
119	(h)  Is designed to facilitate easy removal if it ceases to
120	function due to irreparable damage and causes significant
121	adverse impact.
122	(i)  Is designed to minimize significant adverse impact to
123	marine turtles and turtle hatchlings, consistent with s. 370.12.
124	(4)  In order to encourage landowner participation in the
125	long-term stabilization, restoration, and protection of the
126	beach-dune system through a predictable and flexible permitting
127	process, the department and other permitting agencies shall
128	issue permits for subsurface dune stabilization or restoration
129	structures if the proposed activity substantially complies with
130	the requirements set forth in paragraphs (3)(a)-(i).
131	(5)  A permitting agency shall notify the department if it
132	installs or authorizes the installation of any dune
133	stabilization or restoration structures within its jurisdiction.
134	The department may delegate its permitting, supervisory, and
135	regulatory authority to authorize a political subdivision or
136	municipality to permit, supervise, and regulate such dune
137	stabilization or restoration structure pursuant to s. 161.053.
138	(6)  The department may require any engineering
139	certifications that are necessary in order to ensure the
140	adequacy of the design and construction of permitted projects.
141	(7)  The department shall use clearly defined scientific
142	principles as the basis for including any biological or
143	environmental monitoring conditions in the permit requirements,
144	denying any permit application, or accepting any engineering
145	evidence provided by a coastal engineer.
146	(8)  The department shall adopt rules to administer this
147	section.
148	Section 3.  This act shall take effect upon becoming a law.

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