October 15, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:

Florida Senate - 2008 CS for CS for SB 1672

By the Committees on Community Affairs; Environmental Preservation and Conservation; and Senators Jones and Gaetz

578-06655-08 20081672c2

1

A bill to be entitled

2

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

3

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

4

requirements concerning the quality and quantity of

5

dredged sand placed on certain beaches adjacent to inlets;

6

requiring an estimation of the requisite quantity of

7

beach-quality sand by the Department of Environmental

8

Protection and its consultants; revising exemptions from

9

certain permitting requirements and prohibitions for

10

certain construction activities; requiring compliance with

11

the Florida Building Code; requiring the protection of

12

shorebirds and marine turtles; applying requirements

13

concerning the placement of dredged sand on adjacent

14

beaches to the inlet management projects of certain ports;

15

providing an exemption from such requirements; providing

16

that the inlet projects of such ports are eligible for

17

funding; providing requirements and findings concerning

18

the placement of dredged sand from federal navigation

19

projects; providing for assignment of responsibility for

20

the erosion caused by inlets; specifying actions to be

21

taken by the department in disputes between local

22

governments and property owners concerning how much sand

23

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

24

requiring that inlet management studies, projects, and

25

activities be supported by certain plans; providing

26

criteria governing the department's ranking of inlet

27

management projects and activities; specifying conditions

28

that must be met; requiring that the department establish

29

funding priorities for projects and activities concerning

30

inlet management; providing for input from interested

31

governmental and private entities; providing criteria for

32

establishing priorities; authorizing funding levels for

33

inlet management projects under specified conditions;

34

requiring that the department annually provide an inlet

35

management project list to the Legislature; providing

36

requirements for the list; requiring that the department

37

make available certain moneys for projects on the list;

38

requiring that the department make available certain

39

moneys for projects on the list which are legislatively

40

approved; requiring that the Legislature designate certain

41

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

42

department to provide an annual report to the Legislature

43

concerning the success of projects so designated;

44

authorizing rulemaking by the department; providing an

45

effective date.

46

47

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

48

49

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

50

read:

51

     161.142  Declaration of public policy relating to improved

52

navigation inlets.--The Legislature hereby recognizes the need

53

for maintaining navigation inlets to promote commercial and

54

recreational uses of our coastal waters and their resources. The

55

Legislature further recognizes that inlets interrupt or alter the

56

natural drift of beach-quality sand resources, which often

57

results in these sand resources being deposited in nearshore

58

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

59

inland waterway adjacent to the inlet, instead of providing

60

natural nourishment to the adjacent eroding downdrift beaches.

61

Accordingly, the Legislature finds it is in the public interest

62

to replicate the natural drift of sand which is interrupted or

63

altered by inlets to be replaced and for each level of government

64

to undertake all reasonable efforts to maximize inlet sand

65

bypassing to ensure that beach-quality sand is placed on adjacent

66

eroding beaches. Such activities cannot make up for the

67

historical sand deficits caused by inlets, but shall be designed

68

to balance the sediment budget of the inlet and adjacent beaches

69

and extend the life of proximate beach-restoration projects so

70

that periodic nourishment is needed less frequently. Therefore,

71

in furtherance of this declaration of public policy, and the

72

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

73

comprehensive beach management efforts to address the beach

74

erosion caused by inlets, the department shall ensure that:

75

     (1)  All construction and maintenance dredgings of beach-

76

quality sand are should be placed on the adjacent eroding

77

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

78

quality and quantity of sand from an alternate location is should

79

be placed on the adjacent eroding downdrift beaches.

80

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

81

sand is should be placed on the adjacent eroding downdrift

82

beaches which is equal to the natural net annual longshore

83

sediment transport. The department shall, with the assistance of

84

university-based or other contractual resources that it may

85

employ or call upon, maintain a current estimate of such

86

quantities of sand for purposes of prioritizing, planning, and

87

permitting.

88

     (3)  Construction waterward of the coastal construction

89

control line on downdrift coastal areas, on islands substantially

90

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

91

centerline of navigation channels or inlets, providing access to

92

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

93

erosion caused by such navigation channel maintenance or

94

construction shall be exempt from the permitting requirements and

95

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

96

and (6); however, such construction shall comply with the Florida

97

Building Code adopted pursuant to s. 553.73. The timing and

98

sequence of any construction activities associated with inlet

99

management projects in such coastal areas shall comply with 44

100

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

101

turtles and their hatchlings and their habitats, to nesting

102

shorebirds, and to native salt-resistant vegetation and

103

endangered plant communities. Beach-quality sand placed on the

104

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

105

marine turtle nesting.

106

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

107

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

108

However, such ports must demonstrate reasonable efforts to place

109

beach-quality sand from construction and maintenance dredging and

110

port-development projects on adjacent eroding beaches in

111

accordance with port master plans approved by the Department of

112

Community Affairs and with permits approved and issued by the

113

Department of Environmental Protection in order to ensure

114

compliance with this section. A port may sponsor or cosponsor

115

inlet management projects that are fully eligible for state cost

116

sharing.

117

     (5) The department shall ensure that the disposal of beach-

118

quality sand from federal projects in this state which involve

119

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

120

nearshore area of, adjacent eroding beaches. The department may

121

consider permitting nearshore or upland disposal of such beach-

122

quality sand if emergency conditions exist. The state recognizes

123

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

124

for beach restoration and nourishment projects, the limited

125

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

126

beach or nearshore sand placement is the least-cost disposal

127

method.

128

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

129

inlet management plans do not specify the entity or entities

130

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

131

department or local government, with the assistance of

132

university-based or other contractual resources that they may

133

employ or call upon, is encouraged to undertake assessments that

134

aid in specifying the responsible entity or entities and in more

135

accurately determining cost-sharing responsibilities for measures

136

to correct such erosion. The entity that is responsible for

137

maintenance dredging of an inlet may be deemed responsible for

138

the erosion caused by the inlet if another responsible party is

139

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

140

investigation or report, or a state-approved inlet management

141

plan.

142

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

143

governments having jurisdiction of lands adjacent to the inlet,

144

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

145

a dispute concerning how much sand should be bypassed, the

146

department shall protect its monetary investment in beach

147

nourishment projects within the inlet's physical zone of

148

influence by taking all reasonable actions to balance the

149

sediment budget of the inlet and adjacent beaches, including

150

implementation of inlet sand bypassing and other inlet management

151

projects.

152

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

153

read:

154

     161.143 Inlet management; planning, prioritizing, funding,

155

approving, and implementing projects.--

156

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

157

mitigating the erosive effects of inlets and balancing the

158

sediment budget of the inlet and adjacent beaches must be

159

supported by separately approved inlet management plans or inlet

160

components of the statewide comprehensive beach management plan.

161

Such plans in support of individual inlet projects or activities

162

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

163

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

164

beaches, and if significant, make recommendations to mitigate

165

such ongoing erosive effects and provide estimated costs for such

166

mitigation.

167

     (2) The department shall establish annual funding

168

priorities for studies, activities, or other projects concerning

169

inlet management. Such inlet management projects include, but are

170

not limited to, inlet sand bypassing, modifications to channel

171

dredging, jetty redesign, jetty repair, disposal of spoil

172

material, and the development, revision, adoption, or

173

implementation of an inlet management plan. The funding

174

priorities established by the department must be consistent with

175

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

176

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

177

under this subsection and before transmitting the annual inlet

178

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

179

department shall seek formal input from local coastal

180

governments, beach and general government associations and other

181

coastal interest groups, and university experts concerning annual

182

funding priorities for inlet management projects. In order to

183

maximize the benefits of efforts to address the inlet-caused

184

beach erosion problems of this state, the ranking criteria used

185

by the department to establish funding priorities for studies,

186

activities, or other projects concerning inlet management must

187

include consideration of:

188

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

189

sand reaching the updrift boundary of the improved jetty or inlet

190

channel.

191

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

192

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

193

mitigates the erosive effects of the inlet.

194

     (c) The overall significance and anticipated success of the

195

proposed project in balancing the sediment budget of the inlet

196

and adjacent beaches and addressing the sand deficit along the

197

inlet-affected shorelines.

198

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

199

inlet would benefit from modest, cost-effective improvements when

200

considering the volumetric increases from the proposed project,

201

the availability of beach-quality sand currently not being

202

bypassed to adjacent eroding beaches, and the ease with which

203

such beach-quality sand may be obtained.

204

     (e) The interest and commitment of local governments as

205

demonstrated by their willingness to coordinate the planning,

206

design, construction, and maintenance of an inlet management

207

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

208

for initial construction, ongoing sand bypassing, channel

209

dredging, and maintenance.

210

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

211

sponsored inlet management plan or local-government-sponsored

212

inlet study concerning the inlet addressed by the proposed

213

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

214

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

215

recommendations concerning the mitigation of an inlet's erosive

216

effects on adjacent beaches.

217

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

218

the performance and longevity of proximate beach nourishment

219

projects, thereby reducing the frequency of such periodic

220

nourishment projects.

221

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

222

extent such criteria are applicable to inlet management studies,

223

projects, and activities.

224

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

225

notwithstanding s. 161.101(15), pay from legislative

226

appropriations provided for these purposes 75 percent of the

227

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

228

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

229

The balance must be paid by the local governments or special

230

districts having jurisdiction over the property where the inlet

231

is located.

232

     (4) Using the legislative appropriation to the statewide

233

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

234

capital outlay funding request, the department may employ

235

university-based or other contractual sources and pay 100 percent

236

of the costs of studies that are consistent with the legislative

237

declaration in s. 161.142 and that:

238

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

239

consensus regarding net annual sediment transport volumes to be

240

used for the purpose of planning and prioritizing inlet

241

management projects; and

242

     (b) Appropriate, assign, and apportion responsibilities

243

between inlet beneficiaries for the erosion caused by a

244

particular inlet on adjacent beaches.

245

     (5) The department shall annually provide an inlet

246

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

247

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

248

studies, projects, or other activities that address the

249

management of at least 10 separate inlets and that are ranked

250

according to the criteria established under subsection (2).

251

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

252

of the total amount that the Legislature appropriates in each

253

fiscal year for statewide beach management for the three highest-

254

ranked projects on the current year's inlet management project

255

list.

256

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

257

of the funds appropriated for the feasibility and design category

258

in the department's fixed capital outlay funding request for

259

projects on the current year's inlet management project list

260

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

261

inlet management project.

262

     (c) The department shall make available all statewide beach

263

management funds that remain unencumbered or are allocated to

264

non-project-specific activities for projects on legislatively

265

approved inlet management project lists. Funding for local-

266

government-specific projects on annual project lists approved by

267

the Legislature must remain available for such purposes for a

268

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

269

assessment and the department's determination that a project will

270

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

271

shall be used for inlet management projects on legislatively

272

approved lists.

273

     (d) The Legislature shall designate one of the three

274

highest projects on the inlet management project list in any year

275

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

276

the Legislature concerning the extent to which each inlet project

277

designated by the Legislature as Inlet of the Year has succeeded

278

in balancing the sediment budget of the inlet and adjacent

279

beaches, mitigating the inlet's erosive effects on adjacent

280

beaches, and transferring or otherwise placing beach-quality sand

281

on adjacent eroding beaches.

282

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

283

and 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.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader