Senate Bill sb2008c2

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    Florida Senate - 2007                    CS for CS for SB 2008

    By the Committees on General Government Appropriations;
    Environmental Preservation and Conservation; and Senator Jones




    601-2644-07

  1                      A bill to be entitled

  2         An act relating to beaches and shores; amending

  3         s. 161.021, F.S.; amending a definition;

  4         amending s. 161.141, F.S.; providing additional

  5         legislative intent; creating s. 161.144, F.S.;

  6         providing for the development and maintenance

  7         of an inventory of identified offshore sand

  8         sources by the Department of Environmental

  9         Protection as part of its comprehensive

10         long-term beach management plan; providing for

11         public review of maps of offshore sand sources;

12         providing for boards of county commissioners of

13         coastal counties adjacent to sand sources

14         proposed for use outside of the region or

15         subregion to be notified and given adequate

16         opportunity to comment during a project's

17         planning and permitting stages; providing for

18         the inclusion of certain information in the

19         department's annual funding request; providing

20         an effective date.

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

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24         Section 1.  Subsection (1) of section 161.021, Florida

25  Statutes, is amended to read:

26         161.021  Definitions.--In construing these statutes,

27  where the context does not clearly indicate otherwise, the

28  word, phrase, or term:

29         (1)  "Access" or "public access" as used in ss.

30  161.041, 161.052, and 161.053 means the public's right to

31  laterally traverse the sandy beaches of this state where such

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    Florida Senate - 2007                    CS for CS for SB 2008
    601-2644-07




 1  access exists on or after July 1, 1987, or where the public

 2  has established an accessway through private lands to lands

 3  seaward of the mean high tide or water line by prescription,

 4  prescriptive easement, or any other legal means, development

 5  or construction shall not interfere with such right of public

 6  access unless a comparable alternative accessway is provided.

 7         Section 2.  Section 161.141, Florida Statutes, is

 8  amended to read:

 9         161.141  Property rights of state and private upland

10  owners in beach restoration project areas.--The Legislature

11  declares that it is the public policy of the state to cause to

12  be fixed and determined, pursuant to beach restoration, beach

13  nourishment, and erosion control projects, the boundary line

14  between sovereignty lands of the state bordering on the

15  Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida,

16  and the bays, lagoons, and other tidal reaches thereof, and

17  the upland properties adjacent thereto; except that such

18  boundary line shall not be fixed for beach restoration

19  projects that result from inlet or navigation channel

20  maintenance dredging projects unless such projects involve the

21  construction of authorized beach restoration projects.

22  However, prior to construction of such a beach restoration

23  project, the board of trustees must establish the line of mean

24  high water for the area to be restored; and any additions to

25  the upland property landward of the established line of mean

26  high water which result from the restoration project remain

27  the property of the upland owner subject to all governmental

28  regulations and are not to be used to justify increased

29  density or the relocation of the coastal construction control

30  line as may be in effect for such upland property. The

31  resulting additions to upland property are also subject to a

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    Florida Senate - 2007                    CS for CS for SB 2008
    601-2644-07




 1  public easement for traditional uses of the sandy beach

 2  consistent with uses that would have been allowed prior to the

 3  need for the restoration project. It is further declared that

 4  there is no intention on the part of the state to extend its

 5  claims to lands not already held by it or to deprive any

 6  upland or submerged land owner of the legitimate and

 7  constitutional use and enjoyment of his or her property. If an

 8  authorized beach restoration, beach nourishment, and erosion

 9  control project cannot reasonably be accomplished without the

10  taking of private property, the taking must be made by the

11  requesting authority by eminent domain proceedings. In any

12  action alleging a taking of all or part of a property or

13  property right as a result of a beach restoration project, in

14  determining whether such taking has occurred or the value of

15  any damage alleged with respect to the owner's remaining

16  upland property adjoining the beach restoration project, the

17  enhancement, if any, in value of the owner's remaining

18  adjoining property of the upland property owner by reason of

19  the beach restoration project shall be considered. If a taking

20  is judicially determined to have occurred as a result of a

21  beach restoration project, the enhancement in value to the

22  owner's remaining adjoining property by reason of the beach

23  restoration project shall be offset against the value of the

24  damage, if any, resulting to such remaining adjoining property

25  of the upland property owner by reason of the beach

26  restoration project, but such enhancement in the value shall

27  not be offset against the value of the property or property

28  right alleged to have been taken. If the enhancement in value

29  shall exceed the value of the damage, if any, to the remaining

30  adjoining property, there shall be no recovery over against

31  the property owner for such excess.

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    Florida Senate - 2007                    CS for CS for SB 2008
    601-2644-07




 1         Section 3.  Section 161.144, Florida Statutes, is

 2  created to read:

 3         161.144  Policy guidance related to sand source

 4  management.--The Legislature recognizes that beach-quality

 5  sand for the nourishment of the state's critically eroded

 6  beaches is an exhaustible resource, in ever-decreasing supply,

 7  and must be carefully managed for the systemwide benefit of

 8  the state's beaches. Therefore, the Department of

 9  Environmental Protection, pursuant to s. 161.161 and in

10  cooperation with federal and local government agencies, shall

11  develop and maintain an inventory of identified offshore sand

12  sources as part of the regional elements of its comprehensive

13  long-term beach management plan. Offshore sand sources in

14  state or federal waters which are identified for potential,

15  proposed, or permitted use shall be clearly mapped or

16  otherwise noted and readily available for public review. In

17  addition, boards of county commissioners of coastal counties

18  adjacent to sand sources proposed for use outside of the

19  region or subregion shall be provided written notice by the

20  department and an opportunity to comment during a specific

21  project's planning and permitting stages. The department shall

22  identify in its annual list of local government funding

23  requests submitted to the Legislature, pursuant to s. 161.091,

24  those projects that propose to use sand sources from another

25  region or subregion at the time the list is submitted.

26         Section 4.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                    CS for CS for SB 2008
    601-2644-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2008

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 4   Expands the definition of "access" or "public access" to
    include established accessways as those that must be retained
 5  for public use.

 6  Amends provisions related to beach restoration projects and
    the property rights of upland owners to provide the method by
 7  which potential impacts to the upland owners would be valued
    in conjunction with the restoration project.
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