Senate Bill sb2008c2
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Florida Senate - 2007 CS for CS for SB 2008
By the Committees on General Government Appropriations;
Environmental Preservation and Conservation; and Senator Jones
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1 A bill to be entitled
2 An act relating to beaches and shores; amending
3 s. 161.021, F.S.; amending a definition;
4 amending s. 161.141, F.S.; providing additional
5 legislative intent; creating s. 161.144, F.S.;
6 providing for the development and maintenance
7 of an inventory of identified offshore sand
8 sources by the Department of Environmental
9 Protection as part of its comprehensive
10 long-term beach management plan; providing for
11 public review of maps of offshore sand sources;
12 providing for boards of county commissioners of
13 coastal counties adjacent to sand sources
14 proposed for use outside of the region or
15 subregion to be notified and given adequate
16 opportunity to comment during a project's
17 planning and permitting stages; providing for
18 the inclusion of certain information in the
19 department's annual funding request; providing
20 an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (1) of section 161.021, Florida
25 Statutes, is amended to read:
26 161.021 Definitions.--In construing these statutes,
27 where the context does not clearly indicate otherwise, the
28 word, phrase, or term:
29 (1) "Access" or "public access" as used in ss.
30 161.041, 161.052, and 161.053 means the public's right to
31 laterally traverse the sandy beaches of this state where such
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1 access exists on or after July 1, 1987, or where the public
2 has established an accessway through private lands to lands
3 seaward of the mean high tide or water line by prescription,
4 prescriptive easement, or any other legal means, development
5 or construction shall not interfere with such right of public
6 access unless a comparable alternative accessway is provided.
7 Section 2. Section 161.141, Florida Statutes, is
8 amended to read:
9 161.141 Property rights of state and private upland
10 owners in beach restoration project areas.--The Legislature
11 declares that it is the public policy of the state to cause to
12 be fixed and determined, pursuant to beach restoration, beach
13 nourishment, and erosion control projects, the boundary line
14 between sovereignty lands of the state bordering on the
15 Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida,
16 and the bays, lagoons, and other tidal reaches thereof, and
17 the upland properties adjacent thereto; except that such
18 boundary line shall not be fixed for beach restoration
19 projects that result from inlet or navigation channel
20 maintenance dredging projects unless such projects involve the
21 construction of authorized beach restoration projects.
22 However, prior to construction of such a beach restoration
23 project, the board of trustees must establish the line of mean
24 high water for the area to be restored; and any additions to
25 the upland property landward of the established line of mean
26 high water which result from the restoration project remain
27 the property of the upland owner subject to all governmental
28 regulations and are not to be used to justify increased
29 density or the relocation of the coastal construction control
30 line as may be in effect for such upland property. The
31 resulting additions to upland property are also subject to a
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1 public easement for traditional uses of the sandy beach
2 consistent with uses that would have been allowed prior to the
3 need for the restoration project. It is further declared that
4 there is no intention on the part of the state to extend its
5 claims to lands not already held by it or to deprive any
6 upland or submerged land owner of the legitimate and
7 constitutional use and enjoyment of his or her property. If an
8 authorized beach restoration, beach nourishment, and erosion
9 control project cannot reasonably be accomplished without the
10 taking of private property, the taking must be made by the
11 requesting authority by eminent domain proceedings. In any
12 action alleging a taking of all or part of a property or
13 property right as a result of a beach restoration project, in
14 determining whether such taking has occurred or the value of
15 any damage alleged with respect to the owner's remaining
16 upland property adjoining the beach restoration project, the
17 enhancement, if any, in value of the owner's remaining
18 adjoining property of the upland property owner by reason of
19 the beach restoration project shall be considered. If a taking
20 is judicially determined to have occurred as a result of a
21 beach restoration project, the enhancement in value to the
22 owner's remaining adjoining property by reason of the beach
23 restoration project shall be offset against the value of the
24 damage, if any, resulting to such remaining adjoining property
25 of the upland property owner by reason of the beach
26 restoration project, but such enhancement in the value shall
27 not be offset against the value of the property or property
28 right alleged to have been taken. If the enhancement in value
29 shall exceed the value of the damage, if any, to the remaining
30 adjoining property, there shall be no recovery over against
31 the property owner for such excess.
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1 Section 3. Section 161.144, Florida Statutes, is
2 created to read:
3 161.144 Policy guidance related to sand source
4 management.--The Legislature recognizes that beach-quality
5 sand for the nourishment of the state's critically eroded
6 beaches is an exhaustible resource, in ever-decreasing supply,
7 and must be carefully managed for the systemwide benefit of
8 the state's beaches. Therefore, the Department of
9 Environmental Protection, pursuant to s. 161.161 and in
10 cooperation with federal and local government agencies, shall
11 develop and maintain an inventory of identified offshore sand
12 sources as part of the regional elements of its comprehensive
13 long-term beach management plan. Offshore sand sources in
14 state or federal waters which are identified for potential,
15 proposed, or permitted use shall be clearly mapped or
16 otherwise noted and readily available for public review. In
17 addition, boards of county commissioners of coastal counties
18 adjacent to sand sources proposed for use outside of the
19 region or subregion shall be provided written notice by the
20 department and an opportunity to comment during a specific
21 project's planning and permitting stages. The department shall
22 identify in its annual list of local government funding
23 requests submitted to the Legislature, pursuant to s. 161.091,
24 those projects that propose to use sand sources from another
25 region or subregion at the time the list is submitted.
26 Section 4. This act shall take effect October 1, 2007.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 2008
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4 Expands the definition of "access" or "public access" to
include established accessways as those that must be retained
5 for public use.
6 Amends provisions related to beach restoration projects and
the property rights of upland owners to provide the method by
7 which potential impacts to the upland owners would be valued
in conjunction with the restoration project.
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