Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 298
       
       
       
       
       
       
                                Ì847466LÎ847466                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2024           .                                
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       The Committee on Fiscal Policy (Polsky) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 22
    4  insert:
    5         Section 1. Subsections (3) and (15) of section 161.053,
    6  Florida Statutes, are amended to read:
    7         161.053 Coastal construction and excavation; regulation on
    8  county basis.—
    9         (3) A coastal county or coastal municipality may establish
   10  coastal construction zoning and building codes in lieu of the
   11  provisions of this section if such zones and codes were are
   12  approved in writing by the department on or before December 1,
   13  2023, as being adequate to preserve and protect the beaches and
   14  coastal barrier dunes adjacent to such beaches, which are under
   15  the jurisdiction of the department, from imprudent construction
   16  that will jeopardize the stability of the beach-dune system,
   17  accelerate erosion, provide inadequate protection to upland
   18  structures, endanger adjacent properties, or interfere with
   19  public beach access. Exceptions to locally established coastal
   20  construction zoning and building codes may not be granted unless
   21  previously approved by the department before December 1, 2023.
   22  The intent of this subsection is to provide for the local
   23  administration of established coastal construction control lines
   24  through approved zoning and building codes if desired by local
   25  interests and where such local interests have, in the judgment
   26  of the department, sufficient funds and personnel to adequately
   27  administer the program. Should the department determine at any
   28  time that the program is inadequately administered, the
   29  department may revoke the authority granted to the county or
   30  municipality.
   31         (15)(a) Except as provided in paragraph (b), the department
   32  may delegate In keeping with the intent of subsection (3),
   33  authority for permitting certain types of activities that have
   34  been defined by the department may be delegated by the
   35  department to a coastal county or coastal municipality. Such
   36  partial delegation must shall be narrowly construed to those
   37  particular activities specifically named in the delegation and
   38  agreed to by the affected county or municipality. The delegation
   39  may be revoked by the department at any time if it is determined
   40  that the delegation is improperly or inadequately administered.
   41         (b) The department may not delegate such authority to a
   42  coastal county or coastal municipality that did not receive
   43  local coastal construction zoning and building code exceptions
   44  to the coastal control line on or before December 1, 2023,
   45  pursuant to subsection (3).
   46  
   47  ================= T I T L E  A M E N D M E N T ================
   48  And the title is amended as follows:
   49         Delete lines 2 - 4
   50  and insert:
   51         An act relating to local government coastal
   52         protections; amending s. 161.053, F.S.; providing that
   53         only coastal counties and coastal municipalities that
   54         received written authorization from the Department of
   55         Environmental Protection on or before a specified date
   56         may establish construction zoning and building code
   57         exceptions to coastal construction control lines;
   58         prohibiting the department from delegating certain
   59         authority to coastal counties and coastal
   60         municipalities that did not receive such
   61         authorization; amending s. 380.093, F.S.; authorizing
   62         the department to provide