Senate Bill sb2256

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2256

    By Senator Clary





    4-1022A-06

  1                      A bill to be entitled

  2         An act relating to coastal management; amending

  3         s. 163.3178, F.S.; requiring that a coastal

  4         management element of a comprehensive plan

  5         outline principles for the protection of

  6         property against the effects of a natural

  7         disaster; requiring a local government to meet

  8         certain criteria in order to amend a

  9         comprehensive plan to allow for redevelopment

10         within a coastal high-hazard area; providing an

11         effective date.

12  

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

14  

15         Section 1.  Paragraphs (d) and (f) of subsection (2) of

16  section 163.3178, Florida Statutes, are amended to read:

17         163.3178  Coastal management.--

18         (2)  Each coastal management element required by s.

19  163.3177(6)(g) shall be based on studies, surveys, and data;

20  be consistent with coastal resource plans prepared and adopted

21  pursuant to general or special law; and contain:

22         (d)  A component that which outlines principles for

23  hazard mitigation and protection of human life and property

24  against the effects of natural disaster, including population

25  evacuation and local mitigation strategies, and that takes

26  which take into consideration the capability to safely

27  evacuate the density of coastal population proposed in the

28  future land use plan element in the event of an impending

29  natural disaster.

30         (f)  A redevelopment component that which outlines the

31  principles that which shall be used to eliminate inappropriate

                                  1

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






    Florida Senate - 2006                                  SB 2256
    4-1022A-06




 1  and unsafe development in the coastal areas when opportunities

 2  arise. In recognition of the need to balance redevelopment,

 3  the protection of human life and property, and public

 4  investment in infrastructure, certain qualifying local

 5  governments may amend their comprehensive plans to allow for

 6  redevelopment and increased density within the designated

 7  coastal high-hazard area. To qualify, the local government

 8  must meet the following criteria:

 9         1.  The local government must be located inland from

10  the coastal shores of the state by at least 10 miles, in a

11  county that has a population of at least 450,000 but fewer

12  than 1 million, and adjacent to a river;

13         2.  The coastal high-hazard area must be part of an

14  established community redevelopment area having an adopted

15  community redevelopment plan that has been incorporated into

16  the comprehensive plan;

17         3.  Emergency shelter space for 100 percent of the

18  additional population that may be allowed to reside in the

19  coastal high-hazard area must be provided prior to the

20  issuance of a building permit for any redevelopment of the

21  area; and

22         4.  The local government amendment must include the

23  following components:

24         a.  Measures to reduce, replace, or eliminate unsafe

25  structures and properties subject to repetitive damage from

26  coastal storms and floods;

27         b.  Measures to reduce exposure of infrastructure to

28  hazards, including relocation and structural modification of

29  threatened coastal infrastructure;

30         c.  Operational and capacity improvements to ensure

31  that the redevelopment strategy maintains or reduces

                                  2

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






    Florida Senate - 2006                                  SB 2256
    4-1022A-06




 1  throughout the planning timeframe the county hurricane

 2  evacuation clearance times as established in the most recent

 3  hurricane evacuation study or transportation analysis;

 4         d.  If the county hurricane evacuation clearance times

 5  exceed 16 hours for a Category 3 storm event, measures to

 6  ensure that the redevelopment strategy reduces the county

 7  evacuation times or county shelter deficit for the existing

 8  population;

 9         e.  Measures that provide for county evacuation shelter

10  space to ensure that development authorized within the

11  redevelopment area provides mitigation proportional to its

12  impact to offset the increased demand on evacuation clearance

13  times and public shelter space;

14         f.  Measures to ensure that public expenditures that

15  subsidize development in the most vulnerable areas of the

16  coastal high-hazard area are limited to those expenditures

17  needed to provide for public access to the waterfront, to

18  protect natural systems, to correct existing hurricane

19  evacuation deficiencies, or to make facilities more disaster

20  resistant;

21         g.  Measures that commit to planning and regulatory

22  standards that exceed minimum National Flood Insurance

23  Standards, including participation in the Community Rating

24  System of the National Flood Insurance Program;

25         h.  Measures to ensure protection of coastal resources,

26  including beach and dune systems, and provision for public

27  access to the beach and shoreline consistent with estimated

28  public needs;

29         i.  Data and analysis including existing damage

30  potential; the potential costs of damage to structures,

31  property, and infrastructure under the redevelopment strategy;

                                  3

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






    Florida Senate - 2006                                  SB 2256
    4-1022A-06




 1  and data that demonstrate reduced potential for damage to new

 2  or rehabilitated structures, property, and infrastructure;

 3         j.  Data and analysis forecasting the effects on

 4  shelter capacity and hurricane evacuation clearance times,

 5  based on the population anticipated by the redevelopment

 6  strategy; and

 7         k.  The execution of an interlocal agreement, as

 8  supporting data and analysis, between the local government and

 9  the county emergency management agency as needed to implement

10  mitigation strategies to reduce hurricane evacuation clearance

11  times and deficits in public shelters.

12         Section 2.  This act shall take effect July 1, 2006.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Requires that a coastal management element of a
      comprehensive plan outline principles for the protection
17    of property against the effects of a natural disaster.
      Requires a local government to meet certain criteria in
18    order to amend a comprehensive plan to allow for
      redevelopment within a coastal high-hazard area.
19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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