CS/HB 1427

1
A bill to be entitled
2An act relating to beach management; amending s. 161.142,
3F.S.; providing legislative intent and findings; providing
4requirements concerning the quality and quantity of
5dredged sand placed on certain beaches adjacent to inlets;
6requiring an estimation of the requisite quantity of
7beach-quality sand by the Department of Environmental
8Protection and its consultants; revising exemptions from
9certain permitting requirements and prohibitions for
10certain construction activities; requiring compliance with
11the applicable Florida Building Code; requiring the
12protection of nesting shorebirds and marine turtles;
13specifying requirements of certain ports concerning the
14placement of dredged sand on adjacent eroding beaches;
15authorizing such ports to sponsor or cosponsor inlet
16management projects that are fully eligible for state
17cost-sharing; providing requirements and findings
18concerning the placement of dredged sand from federal
19navigation projects; providing for assignment of
20responsibility for the erosion caused by inlets;
21specifying actions to be taken by the department in
22disputes between local governments and property owners
23concerning how much sand should bypass an inlet; creating
24s. 161.143, F.S.; requiring that inlet management studies,
25projects, and activities be supported by certain plans;
26providing criteria governing the department's ranking of
27inlet management projects and activities; specifying
28conditions that must be met; requiring that the department
29establish funding priorities for projects and activities
30concerning inlet management; providing for input from
31interested governmental and private entities; providing
32criteria for establishing priorities; authorizing funding
33levels for inlet management projects under specified
34conditions; requiring that the department annually provide
35an inlet management project list to the Legislature;
36providing requirements for the list; requiring that the
37department make available certain moneys for projects on
38the list; requiring that the department make available
39certain moneys for projects on other legislatively
40approved inlet management project lists; requiring that
41the Legislature designate a certain inlet project as
42"Inlet of the Year"; requiring the department to provide
43an annual report to the Legislature concerning the success
44of projects so designated; requiring rulemaking by the
45department; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 161.142, Florida Statutes, is amended
50to read:
51     161.142  Declaration of public policy relating to improved
52navigation inlets.--The Legislature hereby recognizes the need
53for maintaining navigation inlets to promote commercial and
54recreational uses of our coastal waters and their resources. The
55Legislature further recognizes that inlets interrupt or alter
56the natural drift of beach-quality sand resources, which often
57results in these sand resources being deposited in nearshore
58around shallow outer-bar areas or in the inlet channel, or in
59the inland waterway adjacent to the inlet, instead of providing
60natural nourishment to the adjacent eroding downdrift beaches.
61Accordingly, the Legislature finds it is in the public interest
62to replicate the natural drift of sand which is interrupted or
63altered by inlets to be replaced and for each level of
64government to undertake all reasonable efforts to maximize inlet
65sand bypassing to ensure that beach-quality sand is placed on
66adjacent eroding beaches. Such activities cannot make up for the
67historical sand deficits caused by inlets but shall be designed
68to balance the sediment budget of the inlet and adjacent beaches
69and extend the life of proximate beach-restoration projects so
70that periodic nourishment is needed less frequently. Therefore,
71in furtherance of this declaration of public policy and the
72Legislature's intent to redirect and recommit the state's
73comprehensive beach management efforts to address the beach
74erosion caused by inlets, the department shall ensure that:
75     (1)  All construction and maintenance dredgings of beach-
76quality sand are should be placed on the adjacent eroding
77downdrift beaches unless; or, if placed elsewhere, an equivalent
78quality and quantity of sand from an alternate location is
79should be placed on the adjacent eroding downdrift beaches.
80     (2)  On an average annual basis, a quantity of beach-
81quality sand is should be placed on the adjacent eroding
82downdrift beaches which is equal to the natural net annual
83longshore sediment transport. The department shall, with the
84assistance of university-based or other contractual resources
85that it may employ or call upon, maintain a current estimate of
86such quantities of sand for purposes of prioritizing, planning,
87and permitting.
88     (3)  Construction waterward of the coastal construction
89control line on downdrift coastal areas, on islands
90substantially created by the deposit of spoil, located within 1
91mile of the centerline of navigation channels or inlets,
92providing access to ports listed in s. 403.021(9)(b), which
93suffers or has suffered erosion caused by such navigation
94channel maintenance or construction shall be exempt from the
95permitting requirements and prohibitions of subsections (2),
96(5), and (6) of s. 161.053(5) or (6); however, such construction
97shall comply with the applicable Florida Building Code adopted
98pursuant to s. 553.73. The timing and sequence of any
99construction activities associated with inlet management
100projects in such coastal areas shall comply with 44 C.F.R. part
10160 and shall provide protection to nesting sea turtles and their
102hatchlings and their habitats, to nesting shorebirds, and to
103native salt-resistant vegetation and endangered plant
104communities. Beach-quality sand placed on the beach as part of
105an inlet management project must be suitable for marine turtle
106nesting.
107     (4)  The provisions of subsections (1) and (2) shall not be
108a requirement imposed upon ports listed in s. 403.021(9)(b);
109however, such ports must demonstrate reasonable effort to place
110beach-quality sand from construction and maintenance dredging
111and port-development projects on adjacent eroding beaches in
112accordance with port master plans approved by the Department of
113Community Affairs, and permits approved and issued by the
114department, to ensure compliance with this section. Ports may
115sponsor or cosponsor inlet management projects that are fully
116eligible for state cost-sharing.
117     (5)  The department shall ensure that any disposal of the
118beach-quality sand from federal projects in this state which
119involve dredging for the purpose of navigation is on, or in the
120nearshore area of, adjacent eroding beaches. The department may
121consider permitting nearshore or upland disposal of such beach-
122quality sand if emergency conditions exist. The state recognizes
123that due to the growing demand for beach-quality sand resources
124for beach restoration and nourishment projects, the limited
125supply of such sand resources, and the cost of such projects,
126beach or nearshore sand placement is the least-cost disposal
127method.
128     (6)  If federal investigations and reports or state-
129approved inlet management plans do not specify the entity or
130entities responsible for the extent of erosion caused by an
131inlet, the department or local government, with the assistance
132of university-based or other contractual resources that they may
133employ or call upon, is encouraged to undertake assessments that
134aid in specifying the responsible entity or entities and in more
135accurately determining cost-sharing responsibilities for
136measures to correct such erosion. The entity that is responsible
137for maintenance dredging of an inlet may be deemed responsible
138for the erosion caused by the inlet if another responsible party
139is not specified in such an assessment, a shore-protection
140project investigation or report, or a state-approved inlet
141management plan.
142     (7)  If the beneficiaries of the inlet, the local
143governments having jurisdiction of lands adjacent to the inlet,
144or the owners of property adjacent to the inlet are involved in
145a dispute concerning how much sand should be bypassed, the
146department shall protect its monetary investment in beach
147nourishment projects within the inlet's physical zone of
148influence by taking all reasonable actions to balance the
149sediment budget of the inlet and adjacent beaches, including
150implementation of inlet sand bypassing and other inlet
151management projects.
152     Section 2.  Section 161.143, Florida Statutes, is created
153to read:
154     161.143  Inlet management; planning, prioritizing, funding,
155approving, and implementing projects.--
156     (1)  Studies, projects, and activities for the purpose of
157mitigating the erosive effects of inlets and balancing the
158sediment budget of the inlet and adjacent beaches must be
159supported by separately approved inlet management plans or inlet
160components of the statewide comprehensive beach management plan.
161Such plans in support of individual inlet projects or activities
162must, pursuant to s. 161.161(1)(b), evaluate each inlet to
163determine the extent of the inlet's erosive effect on adjacent
164beaches and, if significant, make recommendations to mitigate
165such ongoing erosive effects and provide estimated costs for
166such mitigation.
167     (2)  The department shall establish annual funding
168priorities for studies, activities, or other projects concerning
169inlet management. Such inlet management projects include, but
170are not limited to, inlet sand bypassing, modifications to
171channel dredging, jetty redesign, jetty repair, disposal of
172spoil material, and the development, revision, adoption, or
173implementation of an inlet management plan. The funding
174priorities established by the department must be consistent with
175the requirements and legislative declaration in ss. 161.101(14),
176161.142, and 161.161(1)(b). In establishing funding priorities
177under this subsection and before transmitting the annual inlet
178project list to the Legislature under subsection (5), the
179department shall seek formal input from local coastal
180governments, beach and general government associations and other
181coastal interest groups, and university experts concerning
182annual funding priorities for inlet management projects. In
183order to maximize the benefits of efforts to address the inlet-
184caused beach erosion problems of this state, the ranking
185criteria used by the department to establish funding priorities
186for studies, activities, or other projects concerning inlet
187management must include consideration of:
188     (a)  An estimate of the annual quantity of beach-quality
189sand reaching the updrift boundary of the improved jetty or
190inlet channel.
191     (b)  The severity of the erosion to the adjacent beaches
192caused by the inlet and the extent to which the proposed project
193mitigates the erosive effects of the inlet.
194     (c)  The overall significance and anticipated success of
195the proposed project in balancing the sediment budget of the
196inlet and adjacent beaches and addressing the sand deficit along
197the inlet-affected shorelines.
198     (d)  The extent to which existing bypassing activities at
199an inlet would benefit from modest, cost-effective improvements
200when considering the volumetric increases from the proposed
201project, the availability of beach-quality sand currently not
202being bypassed to adjacent eroding beaches, and the ease with
203which such beach-quality sand may be obtained.
204     (e)  The interest and commitment of local governments as
205demonstrated by their willingness to coordinate the planning,
206design, construction, and maintenance of an inlet management
207project and their financial plan for funding the local cost-
208share for initial construction, ongoing sand bypassing, channel
209dredging, and maintenance.
210     (f)  The previous completion or approval of a state-
211sponsored inlet management plan or local-government-sponsored
212inlet study concerning the inlet addressed by the proposed
213project, the ease of updating and revising any such plan or
214study, and the adequacy and specificity of the plan's or study's
215recommendations concerning the mitigation of an inlet's erosive
216effects on adjacent beaches.
217     (g)  The degree to which the proposed project will enhance
218the performance and longevity of proximate beach nourishment
219projects, thereby reducing the frequency of such periodic
220nourishment projects.
221     (h)  The project-ranking criteria in s. 161.101(14) to the
222extent such criteria are applicable to inlet management studies,
223projects, and activities.
224     (3)  The department may, pursuant to s. 161.101 and
225notwithstanding s. 161.101(15), pay from legislative
226appropriations provided for these purposes 75 percent of the
227total costs, or, if applicable, the nonfederal costs, of a
228study, activity, or other project concerning the management of
229an inlet. The balance must be paid by the local governments or
230special districts having jurisdiction over the property where
231the inlet is located.
232     (4)  Using the legislative appropriation to the statewide
233beach-management-support category of the department's fixed
234capital outlay funding request, the department may employ
235university-based or other contractual sources and pay 100
236percent of the costs of studies that are consistent with the
237legislative declaration in s. 161.142 and that:
238     (a)  Determine, calculate, refine, and achieve general
239consensus regarding net annual sediment transport volumes to be
240used for the purpose of planning and prioritizing inlet
241management projects; and
242     (b)  Appropriate, assign, and apportion responsibilities
243between inlet beneficiaries for the erosion caused by a
244particular inlet on adjacent beaches.
245     (5)  The department shall annually provide an inlet
246management project list, in priority order, to the Legislature
247as part of the department's budget request. The list must
248include studies, projects, or other activities that address the
249management of at least 10 separate inlets and that are ranked
250according to the criteria established under subsection (2).
251     (a)  The department shall make available at least 10
252percent of the total amount that the Legislature appropriates in
253each fiscal year for statewide beach management for the three
254highest-ranked projects on the current year's inlet management
255project list.
256     (b)  The department shall make available at least 50
257percent of the funds appropriated for the feasibility and design
258category in the department's fixed capital outlay funding
259request for projects on the current year's inlet management
260project list which involve the study for, or design or
261development of, an inlet management project.
262     (c)  The department shall make available all statewide
263beach management funds that remain unencumbered or are allocated
264to non-project-specific activities for projects on legislatively
265approved inlet management project lists. Funding for local-
266government-specific projects on annual project lists approved by
267the Legislature must remain available for such purposes for a
268period of 18 months pursuant to s. 216.301(2)(a). Based on an
269assessment and the department's determination that a project
270will not be ready to proceed during this 18-month period, such
271funds shall be used for inlet management projects on
272legislatively approved lists.
273     (d)  The Legislature shall designate one of the three
274highest projects on the inlet management project list in any
275year as the Inlet of the Year. The department shall annually
276report to the Legislature concerning the extent to which each
277inlet project designated by the Legislature as Inlet of the Year
278has succeeded in balancing the sediment budget of the inlet and
279adjacent beaches, mitigating the inlet's erosive effects on
280adjacent beaches, and transferring or otherwise placing beach-
281quality sand on adjacent eroding beaches.
282     (6)  The department shall adopt rules under ss. 120.536(1)
283and 120.54 to administer this section.
284     Section 3.  This act shall take effect July 1, 2008.


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