March 26, 2019
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Florida Senate - 2008 SB 1672

By Senator Jones

13-02900A-08 20081672__

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A bill to be entitled

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An act relating to beach management; amending s. 161.142,

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F.S.; providing legislative intent and findings; providing

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requirements concerning the quality and quantity of

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dredged sand placed on certain beaches adjacent to inlets;

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requiring an estimation of the requisite quantity of

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beach-quality sand by the Department of Environmental

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Protection and its consultants; requiring the protection

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of shorebirds and marine turtles; applying requirements

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concerning the placement of dredged sand on adjacent

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beaches to the inlet management projects of certain ports;

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providing an exemption from such requirements; providing

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that the inlet projects of such ports are eligible for

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funding; providing requirements and findings concerning

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the placement of dredged sand from federal navigation

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projects; providing for assignment of responsibility for

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the erosion caused by inlets; specifying actions to be

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taken by the department in disputes between local

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governments and property owners concerning how much sand

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should bypass an inlet; creating s. 161.143, F.S.;

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requiring that inlet management studies, projects, and

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activities be supported by certain plans; providing

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criteria governing the department's ranking of inlet

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management projects and activities; specifying conditions

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that must be met; requiring that the department establish

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funding priorities for projects and activities concerning

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inlet management; providing for input from interested

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governmental and private entities; providing criteria for

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establishing priorities; authorizing funding levels for

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inlet management projects under specified conditions;

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requiring that the department annually provide an inlet

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management project list to the Legislature; providing

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requirements for the list; requiring that the department

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make available certain moneys for projects on the list;

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requiring that the department make available certain

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moneys for projects on the list which are legislatively

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approved; requiring that the Legislature designate certain

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inlet projects as "Inlet of the Year"; requiring the

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department to provide an annual report to the Legislature

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concerning the success of projects so designated;

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authorizing rulemaking by the department; providing an

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effective date.

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

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     Section 1.  Section 161.142, Florida Statutes, is amended to

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read:

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     161.142  Declaration of public policy relating to improved

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navigation inlets.--The Legislature hereby recognizes the need

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for maintaining navigation inlets to promote commercial and

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recreational uses of our coastal waters and their resources. The

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Legislature further recognizes that inlets interrupt or alter the

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natural drift of beach-quality sand resources, which often

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results in these sand resources being deposited in nearshore

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around shallow outer-bar areas or in the inlet channel, instead

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of providing natural nourishment to the adjacent eroding

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downdrift beaches. Accordingly, the Legislature finds it is in

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the public interest to replicate the natural drift of sand which

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is interrupted or altered by inlets to be replaced and for each

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level of government to undertake all reasonable efforts to

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maximize inlet sand bypassing to ensure that beach-quality sand

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is placed on adjacent eroding beaches. Such activities cannot

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make up for the historical sand deficits caused by inlets, but

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shall be designed to reinstate longshore sand transport and

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extend the life of proximate beach-restoration projects so that

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periodic nourishment is needed less frequently. Therefore, in

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furtherance of this declaration of public policy, and the

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Legislature's intent to redirect and recommit the state's

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comprehensive beach management efforts to address the beach

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erosion caused by inlets, the department shall ensure that:

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     (1)  All construction and maintenance dredgings of beach-

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quality sand are should be placed on the adjacent eroding

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downdrift beaches unless; or, if placed elsewhere, an equivalent

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quality and quantity of sand from an alternate location is should

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be placed on the adjacent eroding downdrift beaches.

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     (2) On an average annual basis, a quantity of beach-quality

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sand is should be placed on the adjacent eroding downdrift

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beaches which is equal to the natural net annual longshore

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sediment transport. The department shall, with the assistance of

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university-based or other contractual resources that it may

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employ or call upon, maintain a current estimate of such

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quantities of sand for purposes of prioritizing, planning, and

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permitting.

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     (3) Construction waterward of the coastal construction

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control line on downdrift coastal areas, on islands substantially

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created by the deposit of spoil, located within 1 mile of the

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centerline of navigation channels or inlets, providing access to

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ports listed in s. 403.021(9)(b), which suffers or has suffered

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erosion caused by such navigation channel maintenance or

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construction shall be exempt from the permitting requirements and

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prohibitions of subsections (2), (5), and (6) of s. 161.053. The

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timing and sequence of any construction activities associated

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with inlet management projects in such coastal areas shall comply

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with 44 C.F.R. part 60 and shall provide protection to nesting

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sea turtles and their hatchlings and their habitats, to nesting

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shorebirds, and to native salt-resistant vegetation and

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endangered plant communities. Beach-quality sand placed on the

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beach as part of an inlet management project must be suitable for

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marine turtle nesting.

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     (4) The provisions of subsections (1) and (2) shall not be

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a requirement imposed upon ports listed in s. 403.021(9)(b) are

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subject to this section and may sponsor or cosponsor inlet

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management projects that are fully eligible for state cost-

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sharing. Such ports must demonstrate reasonable effort to place

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beach-quality sand from construction and maintenance dredging and

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port-development projects on adjacent eroding beaches; however,

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if the department finds that the public interest would be served,

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the department may permit such ports to place less than the

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annualized equivalent volume of sand on adjacent eroding beaches

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as otherwise required under subsection (2).

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     (5) The department shall ensure that any disposal of the

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beach-quality sand from federal projects in this state which

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involve dredging for the purpose of navigation is on, or in the

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nearshore area of, adjacent eroding beaches. The department may

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consider permitting offshore or upland disposal of such beach-

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quality sand if emergency conditions exist. The state recognizes

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that due to the growing demand for beach-quality sand resources

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for beach restoration and nourishment projects, the limited

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supply of such sand resources, and the cost of such projects,

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beach or nearshore sand placement is the least-cost disposal

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method.

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     (6) If federal investigations and reports or state-approved

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inlet management plans do not specify the entity or entities

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responsible for the extent of erosion caused by an inlet, the

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department or local government, with the assistance of

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university-based or other contractual resources that they may

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employ or call upon, is encouraged to undertake assessments that

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aid in specifying the responsible entity or entities and in more

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accurately determining cost-sharing responsibilities for measures

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to correct such erosion. The entity that is responsible for

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maintenance dredging of an inlet may be deemed responsible for

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the erosion caused by the inlet if another responsible party is

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not specified in such an assessment, a shore-protection project

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investigation or report, or a state-approved inlet management

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plan.

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     (7) If the beneficiaries of the inlet, the local

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governments having jurisdiction of lands adjacent to the inlet,

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or the owners of property adjacent to the inlet, are involved in

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a dispute concerning how much sand should be bypassed, the

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department shall protect its monetary investment in beach

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nourishment projects within the inlet's physical zone of

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influence by taking all reasonable actions to reinstate the

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natural longshore transport of sand, including implementation of

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inlet sand bypassing and other inlet management projects.

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     Section 2.  Section 161.143, Florida Statutes, is created to

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read:

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     161.143 Inlet management; planning, prioritizing, funding,

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approving, and implementing projects.--

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     (1) Studies, projects, and activities for the purpose of

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mitigating the erosive effects of inlets and reinstating the

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natural longshore flow of sand to adjacent eroding beaches must

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be supported by separately approved inlet management plans or

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inlet components of the statewide comprehensive beach management

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plan. Such plans in support of individual inlet projects or

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activities must, pursuant to s. 161.161(1)(b), evaluate each

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inlet to determine the extent of the inlet's erosive effect on

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adjacent beaches, and if significant, make recommendations to

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mitigate such ongoing erosive effects and provide estimated costs

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for such mitigation.

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     (2) The department shall establish annual funding

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priorities for studies, activities, or other projects concerning

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inlet management. Such inlet management projects include, but are

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not limited to, inlet sand bypassing, modifications to channel

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dredging, jetty redesign, jetty repair, disposal of spoil

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material, and the development, revision, adoption, or

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implementation of an inlet management plan. The funding

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priorities established by the department must be consistent with

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the requirements and legislative declaration in ss. 161.101(14),

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161.142, and 161.161(1)(b). In establishing funding priorities

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under this subsection and before transmitting the annual inlet

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project list to the Legislature under subsection (5), the

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department shall seek formal input from local coastal

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governments, beach and general government associations and other

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coastal interest groups, and university experts concerning annual

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funding priorities for inlet management projects. In order to

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maximize the benefits of efforts to address the inlet-caused

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beach erosion problems of this state, the ranking criteria used

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by the department to establish funding priorities for studies,

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activities, or other projects concerning inlet management must

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include consideration of:

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     (a) An estimate of the annual quantity of beach-quality

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sand reaching the updrift boundary of the improved jetty or inlet

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channel.

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     (b) The severity of the erosion to the adjacent beaches

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caused by the inlet, and the extent to which the proposed project

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mitigates the erosive effects of the inlet.

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     (c) The overall significance and anticipated success of the

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proposed project in reinstating the natural longshore transport

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of sand and addressing the sand deficit along the inlet-affected

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shorelines.

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     (d) The extent to which existing bypassing activities at an

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inlet would benefit from modest, cost-effective improvements when

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considering the volumetric increases from the proposed project,

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the availability of beach-quality sand currently not being

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bypassed to adjacent eroding beaches, and the ease with which

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such beach-quality sand may be obtained.

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     (e) The interest and commitment of local governments as

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demonstrated by their willingness to coordinate the planning,

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design, construction, and maintenance of an inlet management

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project and their financial plan for funding the local cost-share

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for initial construction, ongoing sand bypassing, channel

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dredging, and maintenance.

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     (f) The previous completion or approval of a state-

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sponsored inlet management plan or local-government-sponsored

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inlet study concerning the inlet addressed by the proposed

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project, the ease of updating and revising any such plan or

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study, and the adequacy and specificity of the plan's or study's

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recommendations concerning the mitigation of an inlet's erosive

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effects on adjacent beaches.

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     (g) The degree to which the proposed project will enhance

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the performance and longevity of proximate beach nourishment

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projects, thereby reducing the frequency of such periodic

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nourishment projects.

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     (h) The project-ranking criteria in s. 161.101(14) to the

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extent such criteria are applicable to inlet management studies,

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projects, and activities.

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     (3) The department may, pursuant to s. 161.101 and

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notwithstanding s. 161.101(15), pay from legislative

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appropriations provided for these purposes 75 percent of the

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total costs or, if applicable, the nonfederal costs, of a study,

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activity, or other project concerning the management of an inlet.

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The balance must be paid by the local governments or special

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districts having jurisdiction over the property where the inlet

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is located.

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     (4) Using the legislative appropriation to the statewide

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beach-management-support category of the department's fixed

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capital outlay funding request, the department may employ

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university-based or other contractual sources and pay 100 percent

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of the costs of studies that are consistent with the legislative

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declaration in s. 161.142 and that:

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     (a) Determine, calculate, refine, and achieve general

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consensus regarding net annual sediment transport volumes to be

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used for the purpose of planning and prioritizing inlet

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management projects; and

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     (b) Appropriate, assign, and apportion responsibilities

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between inlet beneficiaries for the erosion caused by a

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particular inlet on adjacent beaches.

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     (5) The department shall annually provide an inlet

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management project list, in priority order, to the Legislature as

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part of the department's budget request. The list must include

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studies, projects, or other activities that address the

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management of at least 10 separate inlets and that are ranked

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according to the criteria established under subsection (2).

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     (a) The department shall make available at least 10 percent

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of the total amount that the Legislature appropriates in each

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fiscal year for statewide beach management for the three highest-

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ranked projects on the current year's inlet management project

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list.

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     (b) The department shall make available at least 50 percent

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of the funds appropriated for the feasibility and design category

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in the department's fixed capital outlay funding request for

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projects on the current year's inlet management project list

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which involve the study for, or design or development of, an

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inlet management project.

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     (c) The department shall make available all statewide beach

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management funds that remain unencumbered or are allocated to

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non-project-specific activities for projects on legislatively

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approved inlet management project lists. Funding for local-

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government-specific projects on annual project lists approved by

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the Legislature must remain available for such purposes for a

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period of 18 months, pursuant to s. 216.301(2)(a). Based on an

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assessment and the department's determination that a project will

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not be ready to proceed during this 18-month period, such funds

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shall be used for inlet management projects on legislatively

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approved lists.

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     (d) The Legislature shall designate one of the three

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highest projects on the inlet management project list in any year

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as the Inlet of the Year. The department shall annually report to

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the Legislature concerning the extent to which each inlet project

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designated by the Legislature as Inlet of the Year has succeeded

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in reinstating the natural longshore transport of sand around

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inlets, mitigating the inlet's erosive effects on adjacent

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beaches, and transferring or otherwise placing beach-quality sand

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on adjacent eroding beaches.

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     (6) The department shall adopt rules under ss. 120.536(1)

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and 120.54 to administer this section.

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     Section 3.  This act shall take effect July 1, 2008.

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

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