The Florida Senate

161.161  Procedure for approval of projects.--

(1)  The division shall develop and maintain a comprehensive long-term management plan for the restoration of the state's critically eroding beaches. The beach management plan shall:

(a)  Address long-term solutions to the problem of critically eroding beaches in this state.

(b)  Evaluate each improved coastal beach inlet and determine whether the inlet is a significant cause of beach erosion. With respect to each inlet determined to be a significant cause of beach erosion, the plan must include:

1.  The extent to which such inlet causes beach erosion and recommendations to mitigate the erosive impact of the inlet, including, but not limited to, recommendations regarding inlet sediment bypassing; modifications to channel dredging, jetty design, and disposal of spoil material; establishment of feeder beaches; and beach restoration and beach renourishment; and

2.  Cost estimates necessary to take inlet corrective measures and recommendations regarding cost sharing among the beneficiaries of such inlet.

(c)  Specify design criteria for beach restoration and beach renourishment projects, including, but not limited to:

1.  Dune elevation and width and revegetation and stabilization requirements; and

2.  Beach profile.

(d)  Evaluate the establishment of feeder beaches as an alternative to direct beach restoration and recommend the location of such feeder beaches and the source of beach-compatible sand.

(e)  Identify causes of shoreline erosion and change, calculate erosion rates, and project long-term erosion for all major beach and dune systems by surveys and profiles.

(f)  Identify shoreline development and degree of density and assess impacts of development and shoreline protective structures on shoreline change and erosion.

(g)  Identify short-term and long-term economic costs and benefits of beaches, including recreational value to user groups, tax base, revenues generated, and beach acquisition and maintenance costs.

(h)  Study dune and vegetation conditions.

(i)  Identify beach areas used by marine turtles and develop strategies for protection of the turtles and their nests and nesting locations.

(j)  Identify alternative management responses to preserve undeveloped beach and dune systems, to restore damaged beach and dune systems, and to prevent inappropriate development and redevelopment on migrating beaches, and consider beach restoration and renourishment, armoring, relocation and abandonment, dune and vegetation restoration, and acquisition.

(k)  Establish criteria, including costs and specific implementation actions, for alternative management techniques.

(l)  Select and recommend appropriate management measures for all of the state's sandy beaches in a beach management program.

(m)  Establish a list of beach restoration and beach renourishment projects, arranged in order of priority, and the funding levels needed for such projects.

The beach management plan may be prepared at the district level based upon areas of greatest need and probable federal funding. Such district plans shall be components of the statewide beach management plan and shall serve as the basis for state funding decisions upon approval in accordance with chapter 86-138, Laws of Florida. In accordance with a schedule established for the submission of district plans by the department, any completed plan must be submitted to the secretary of the department for approval no later than March 1 of each year. These district level plans shall include, but shall not be limited to, recommendations of appropriate funding mechanisms for implementing projects in the beach management plan, giving consideration to the use of single-county and multicounty taxing districts or other revenue generation measures by state and local governments and the private sector. Prior to presenting the plan to the secretary of the department, the department shall hold a public meeting in the areas or district for which the plan is prepared. The district plan submission schedule shall be submitted to the secretary for approval. Any revisions to such schedule must be approved in like manner.

(2)  In establishing the recommended list of restoration and renourishment projects described in subsection (1), the division shall consider and balance the following criteria:

(a)  The estimated demand user-occasions that would be served by increased beach area;

(b)  The extent of existing and threatened damage to property from beach erosion;

(c)  The prospect for long-term success of the restoration or renourishment project, as measured by the anticipated amount and frequency of future renourishment;

(d)  The location of the beach relative to the statewide effort to control the erosion of the beaches;

(e)  The total anticipated costs of the project, including the costs for restoration and for periodic renourishment;

(f)  The proximity of an adequate source of beach-compatible sand;

(g)  The quality of the sand proposed to be used;

(h)  The degree of public access to the beach, including adequate vehicle parking or consolidated public access points, taking into account existing access points and local public access needs;

(i)  The extent of public support for the project;

(j)  The anticipated impact of the project on natural resources, including, but not limited to, impacts on coral, worm and rock reefs, submerged and emergent vegetation, fishing resources, and turtle nesting;

(k)  The extent to which the local governments in the area of the project have enacted ordinances or other regulations to protect sea turtles from the adverse effects of beachfront lighting.

The extent to which the foregoing criteria are addressed in a net positive manner shall result in a greater priority being assigned to those projects. In addition to consideration of criteria listed in this subsection, a project, in order to receive state funds, must provide for public access in substantial compliance with paragraph (h) and must provide for protection for those historically established habitats identified in paragraph (j) and for endangered and threatened species.

(3)  Upon approval of the beach restoration management plan by the department, the secretary shall present to the Board of Trustees of the Internal Improvement Trust Fund written recommendations for the funding of the beach restoration and beach renourishment projects according to the priority specified in the beach restoration management plan. Each year thereafter, the department shall present to the head of the department written recommendations for the funding of those projects that remain in need of restoration and renourishment pursuant to the approved list.

(4)  Upon receipt of the written recommendation and certification from the department with respect to a project, the board of trustees shall decide whether, in light of existing needs throughout the state, the project should be pursued. In determining whether a project should be undertaken, the board of trustees shall consider the criteria specified in this section relative to the project. If the board of trustees determines that a project should be pursued, it shall forthwith conduct a survey of all or part of the shoreline within the jurisdiction of the local government in which the beach is located in order to establish the area of beach to be protected by the project and locate an erosion control line. No provision of ss. 161.141-161.211 shall be construed as preventing a local government from participating in the funding of erosion control projects or surveys undertaken in accordance with the provisions of ss. 161.141-161.211. In lieu of conducting a survey, the board of trustees may accept and approve a survey as initiated, conducted, and submitted by the appropriate local government if said survey is made in conformity with the appropriate principles set forth in ss. 161.141-161.211.

(5)  Upon completion of the survey depicting the area of the beach erosion control project and the proposed location of the erosion control line, the board of trustees shall give notice of the survey and the date on which the board of trustees will hold a public hearing for the purpose of receiving evidence on the merits of the proposed project and, if approval is granted, of locating and establishing such requested erosion control line. Such notice shall be by publication in a newspaper of general circulation published in the county or counties in which the proposed beach erosion control project shall be located not less than once a week for 3 consecutive weeks and by mailing copies of such notice by certified or registered mail to each riparian owner of record of upland property lying within 1,000 feet (radial distance) of the shoreline to be extended through construction of the proposed beach erosion control project, as his or her name and address appear upon the latest tax assessment roll, in order that any persons who have an interest in the beach erosion control project or in the location of such requested erosion control line can be present at such hearing to submit their views concerning necessity for the project and the precise location of the proposed erosion control line. Such notice shall be in addition to any notice requirement in chapter 120.

(6)  The board of trustees shall approve or disapprove the beach restoration or beach renourishment project as it affects sovereignty lands. If approval is granted, the secretary shall authorize the expenditure from legislative appropriations specifically provided for these purposes of the amount necessary to pay for up to 75 percent of the costs of the project, and the board of trustees shall establish the location of the erosion control line. In locating said line, the board of trustees shall be guided generally by the existing line of mean high water, bearing in mind the requirements of proper engineering in the erosion control project, the extent to which erosion or avulsion has occurred, and the need to protect existing ownership of as much upland as is reasonably possible.

(7)  In no event shall the department undertake a beach restoration or beach renourishment project pursuant to chapter 86-138, Laws of Florida, where a local share is required without the approval of the local government or governments responsible for that local share.

(8)  The department shall adopt rules for reviewing and determining projects eligible for state funds.

(9)  The intent of the Legislature in preserving and protecting Florida's sandy beaches pursuant to this act is to direct beach erosion control appropriations to the state's most severely eroding beaches, and to prevent further adverse impact caused by navigation inlets, coastal armoring, or existing upland development. In establishing annual project funding priorities, the department shall seek formal input from local coastal governments, beach and general government interest groups, and university experts. Criteria to be considered by the department in determining annual funding priorities shall include:

(a)  The severity of erosion conditions, the threat to existing upland development, and recreational and/or economic benefits.

(b)  The availability of federal matching dollars.

(c)  The extent of local government sponsor financial and administration commitment to the project.

(d)  Previous state commitment and involvement in the project.

(e)  The anticipated physical performance of the proposed project, including the frequency of periodic planned renourishment.

(f)  The extent to which the proposed project mitigates the adverse impact of navigation inlets on adjacent beaches.

(g)  Innovative, cost-effective, and environmentally sensitive applications to reduce erosion.

(10)  Until the unmet demand for repairing Florida's damaged beaches and dunes is satisfied, it is the further intent of the Legislature to cost-share such projects equally between the state and local sponsors.

History.--s. 3, ch. 70-276; s. 1, ch. 70-439; s. 23, ch. 78-95; s. 2, ch. 79-233; s. 9, ch. 86-138; s. 20, ch. 87-97; s. 29, ch. 94-356; s. 1440, ch. 95-147; s. 6, ch. 96-321; s. 3, ch. 96-371.