Senate Bill sb1842c1
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Florida Senate - 2006 CS for SB 1842
By the Committee on Environmental Preservation; and Senator
King
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1 A bill to be entitled
2 An act relating to the coastal resort area
3 redevelopment pilot project; amending s.
4 163.336, F.S.; revising the requirements for
5 the placement of beach-compatible material that
6 is excavated during the pilot project;
7 extending the expiration date of the pilot
8 project; requiring a report; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsections (2) and (3) of section 163.336,
14 Florida Statutes, are amended to read:
15 163.336 Coastal resort area redevelopment pilot
16 project.--
17 (2) PILOT PROJECT ADMINISTRATION.--
18 (a) To be eligible to participate in this pilot
19 project, all or a portion of the area must be within:
20 1. The coastal building zone as defined in s. 161.54;
21 and
22 2. A community redevelopment area, enterprise zone,
23 brownfield area, empowerment zone, or other such economically
24 deprived areas as designated by the county or municipality
25 with jurisdiction over the area.
26 (b) Local governments are encouraged to use the full
27 range of economic and tax incentives available to facilitate
28 and promote redevelopment and revitalization within the pilot
29 project areas.
30 (c) The Office of the Governor, Department of
31 Environmental Protection, and the Department of Community
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Florida Senate - 2006 CS for SB 1842
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1 Affairs are directed to provide technical assistance to
2 expedite permitting for redevelopment projects and
3 construction activities within the pilot project areas
4 consistent with the principles, processes, and timeframes
5 provided in s. 403.973.
6 (d) The Department of Environmental Protection shall
7 exempt construction activities within the pilot project area
8 in locations seaward of a coastal construction control line
9 and landward of existing armoring from certain siting and
10 design criteria pursuant to s. 161.053. However, such
11 exemption shall not be deemed to exempt property within the
12 pilot project area from applicable local land development
13 regulations, including but not limited to, setback, side lot
14 line, and lot coverage requirements. Such exemption shall
15 apply to construction and redevelopment of structures
16 involving the coverage, excavation, and impervious surface
17 criteria of s. 161.053, and related adopted rules, as follows:
18 1. This review by the department of applications for
19 permits for coastal construction within the pilot project area
20 must apply to construction and redevelopment of structures
21 subject to the coverage, excavation, and impervious surface
22 criteria of s. 161.053, and related adopted rules. It is the
23 intent of these provisions that the pilot project area be
24 enabled to redevelop in a manner which meets the economic
25 needs of the area while preserving public safety and existing
26 resources, including natural resources.
27 2. The criteria for review under s. 161.053 are
28 applicable within the pilot project area, except that the
29 structures within the pilot project area shall not be subject
30 to specific shore parallel coverage requirements and are
31 allowed to exceed the 50 percent impervious surface
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Florida Senate - 2006 CS for SB 1842
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1 requirement. In no case shall stormwater discharge be allowed
2 onto, or seaward of, the frontal dune. Structures are also not
3 bound by the restrictions on excavation unless the
4 construction will adversely affect the integrity of the
5 existing seawall or rigid coastal armoring structure or
6 stability of the existing beach and dune system. It is
7 specifically contemplated that underground structures,
8 including garages, will be permitted. However, during the
9 permit-review process, pursuant to s. 161.053, the department
10 may favorably consider authorized sand placement on adjacent
11 properties if the permittee has demonstrated every reasonable
12 effort to effectively use all beach-quality material on site
13 to enhance the beach and dune system, and has prepared a
14 comprehensive plan for beach and dune nourishment for the
15 adjoining area. All beach-compatible material excavated under
16 this subparagraph must be maintained on site seaward of the
17 coastal construction control line.
18 3. The review criteria in subparagraph 2. will apply
19 to all construction within the pilot project area lying
20 seaward of the coastal construction control line and landward
21 of an existing viable seawall or rigid coastal armoring
22 structure, if such construction is fronted by a seawall or
23 rigid coastal armoring structure extending at least 1,000 feet
24 without any interruptions other than beach access points. For
25 purposes of this section, a viable seawall or rigid coastal
26 armoring structure is a structure that has not deteriorated,
27 dilapidated, or been damaged to such a degree that it no
28 longer provides adequate protection to the upland property
29 when considering the following criteria, including, but not
30 limited to:
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Florida Senate - 2006 CS for SB 1842
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1 a. The top must be at or above the still water level,
2 including setup, for the design storm of 30-year return storm
3 plus the breaking wave calculated at its highest achievable
4 level based on the maximum eroded beach profile and highest
5 surge level combination, and must be high enough to preclude
6 runup overtopping;
7 b. The armoring must be stable under the design storm
8 of 30-year return storm, including maximum localized scour,
9 with adequate penetration; and
10 c. The armoring must have sufficient continuity or
11 return walls to prevent flooding under the design storm of
12 30-year return storm from impacting the proposed construction.
13 4. Where there exists a continuous line of rigid
14 coastal armoring structure on either side of unarmored
15 property and the adjacent line of rigid coastal armoring
16 structures are having an adverse effect on or threaten the
17 unarmored property, and the gap does not exceed 100 feet, the
18 department may grant the necessary permits under s. 161.085 to
19 close the gap.
20 5. Structures approved pursuant to this section shall
21 not cause flooding of or result in adverse impacts to existing
22 upland structures or properties and shall comply with all
23 other requirements of s. 161.053 and its implementing rules.
24 6. Where there exists a continuous line of viable
25 rigid coastal armoring structure on either side of a nonviable
26 rigid coastal armoring structure, the department shall grant
27 the necessary permits under s. 161.085 to replace such
28 nonviable rigid coastal armoring structure with a viable rigid
29 coastal armoring structure as defined in this section. This
30 shall not apply to rigid coastal armoring structures
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1 constructed after May 1, 1998, unless such structures have
2 been permitted pursuant to s. 161.085(2).
3 (3) PILOT PROJECT EXPIRATION.--The authorization for
4 the pilot project and the provisions of this section expire
5 December 31, 2014 2006. The department and affected local
6 governments shall provide for an independent analysis of the
7 economic value and environmental impact of the pilot project
8 and provide a report to the Legislature on or before February
9 1, 2008. The Legislature shall review these requirements
10 before their scheduled expiration.
11 Section 2. This act shall take effect July 1, 2006.
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13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 1842
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16 The committee substitute authorizes the Department of
Environmental Protection to approve the placement of sand
17 excavated during the pilot project on adjacent properties
provided certain conditions are met. In addition, the
18 committee substitute extends the deadline for completion of
the pilot project and directs that an analysis be undertaken
19 of its economic and environmental impacts.
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