HB 1427

1
A bill to be entitled
2An act relating to beach management; amending s. 161.142,
3F.S.; providing legislative intent and findings; providing
4requirements concerning the quality and quantity of
5dredged sand placed on certain beaches adjacent to inlets;
6requiring an estimation of the requisite quantity of
7beach-quality sand by the Department of Environmental
8Protection and its consultants; removing exemptions from
9permitting requirements and prohibitions for certain
10construction activities; requiring the protection of
11shorebirds and marine turtles; applying requirements
12concerning the placement of dredged sand on adjacent
13beaches to the inlet management projects of certain ports;
14providing an exemption from such requirements; providing
15that the inlet projects of such ports are eligible for
16funding; providing requirements and findings concerning
17the placement of dredged sand from federal navigation
18projects; providing for assignment of responsibility for
19the erosion caused by inlets; specifying actions to be
20taken by the department in disputes between local
21governments and property owners concerning how much sand
22should bypass an inlet; creating s. 161.143, F.S.;
23requiring that inlet management studies, projects, and
24activities be supported by certain plans; providing
25criteria governing the department's ranking of inlet
26management projects and activities; specifying conditions
27that must be met; requiring that the department establish
28funding priorities for projects and activities concerning
29inlet management; providing for input from interested
30governmental and private entities; providing criteria for
31establishing priorities; authorizing funding levels for
32inlet management projects under specified conditions;
33requiring that the department annually provide an inlet
34management project list to the Legislature; providing
35requirements for the list; requiring that the department
36make available certain moneys for projects on the list;
37requiring that the department make available certain
38moneys for projects on the list which are legislatively
39approved; requiring that the Legislature designate a
40certain inlet project as "Inlet of the Year"; requiring
41the department to provide an annual report to the
42Legislature concerning the success of projects so
43designated; requiring rulemaking by the department;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 161.142, Florida Statutes, is amended
49to read:
50     161.142  Declaration of public policy relating to improved
51navigation inlets.--The Legislature hereby recognizes the need
52for maintaining navigation inlets to promote commercial and
53recreational uses of our coastal waters and their resources. The
54Legislature further recognizes that inlets interrupt or alter
55the natural drift of beach-quality sand resources, which often
56results in these sand resources being deposited in nearshore
57around shallow outer-bar areas or in the inlet channel instead
58of providing natural nourishment to the adjacent eroding
59downdrift beaches. Accordingly, the Legislature finds it is in
60the public interest to replicate the natural drift of sand which
61is interrupted or altered by inlets to be replaced and for each
62level of government to undertake all reasonable efforts to
63maximize inlet sand bypassing to ensure that beach-quality sand
64is placed on adjacent eroding beaches. Such activities cannot
65make up for the historical sand deficits caused by inlets but
66shall be designed to reinstate longshore sand transport and
67extend the life of proximate beach-restoration projects so that
68periodic nourishment is needed less frequently. Therefore, in
69furtherance of this declaration of public policy and the
70Legislature's intent to redirect and recommit the state's
71comprehensive beach management efforts to address the beach
72erosion caused by inlets, the department shall ensure that:
73     (1)  All construction and maintenance dredgings of beach-
74quality sand are should be placed on the adjacent eroding
75downdrift beaches unless; or, if placed elsewhere, an equivalent
76quality and quantity of sand from an alternate location is
77should be placed on the adjacent eroding downdrift beaches.
78     (2)  On an average annual basis, a quantity of beach-
79quality sand is should be placed on the adjacent eroding
80downdrift beaches which is equal to the natural net annual
81longshore sediment transport. The department shall, with the
82assistance of university-based or other contractual resources
83that it may employ or call upon, maintain a current estimate of
84such quantities of sand for purposes of prioritizing, planning,
85and permitting.
86     (3)  Construction waterward of the coastal construction
87control line on downdrift coastal areas, on islands
88substantially created by the deposit of spoil, located within 1
89mile of the centerline of navigation channels or inlets,
90providing access to ports listed in s. 403.021(9)(b), which
91suffers or has suffered erosion caused by such navigation
92channel maintenance or construction shall be exempt from the
93permitting requirements and prohibitions of subsections (2),
94(5), and (6) of s. 161.053. The timing and sequence of any
95construction activities associated with inlet management
96projects in such coastal areas shall comply with 44 C.F.R. part
9760 and shall provide protection to nesting sea turtles and their
98hatchlings and their habitats, to nesting shorebirds, and to
99native salt-resistant vegetation and endangered plant
100communities. Beach-quality sand placed on the beach as part of
101an inlet management project must be suitable for marine turtle
102nesting.
103     (4)  The provisions of subsections (1) and (2) shall not be
104a requirement imposed upon ports listed in s. 403.021(9)(b) are
105subject to this section and may sponsor or cosponsor inlet
106management projects that are fully eligible for state cost-
107sharing. Such ports must demonstrate reasonable effort to place
108beach-quality sand from construction and maintenance dredging
109and port-development projects on adjacent eroding beaches;
110however, if the department finds that the public interest would
111be served, the department may permit such ports to place less
112than the annualized equivalent volume of sand on adjacent
113eroding beaches as otherwise required under subsection (2).
114     (5)  The department shall ensure that any disposal of the
115beach-quality sand from federal projects in this state which
116involve dredging for the purpose of navigation is on, or in the
117nearshore area of, adjacent eroding beaches. The department may
118consider permitting offshore or upland disposal of such beach-
119quality sand if emergency conditions exist. The state recognizes
120that due to the growing demand for beach-quality sand resources
121for beach restoration and nourishment projects, the limited
122supply of such sand resources, and the cost of such projects,
123beach or nearshore sand placement is the least-cost disposal
124method.
125     (6)  If federal investigations and reports or state-
126approved inlet management plans do not specify the entity or
127entities responsible for the extent of erosion caused by an
128inlet, the department or local government, with the assistance
129of university-based or other contractual resources that they may
130employ or call upon, is encouraged to undertake assessments that
131aid in specifying the responsible entity or entities and in more
132accurately determining cost-sharing responsibilities for
133measures to correct such erosion. The entity that is responsible
134for maintenance dredging of an inlet may be deemed responsible
135for the erosion caused by the inlet if another responsible party
136is not specified in such an assessment, a shore-protection
137project investigation or report, or a state-approved inlet
138management plan.
139     (7)  If the beneficiaries of the inlet, the local
140governments having jurisdiction of lands adjacent to the inlet,
141or the owners of property adjacent to the inlet are involved in
142a dispute concerning how much sand should be bypassed, the
143department shall protect its monetary investment in beach
144nourishment projects within the inlet's physical zone of
145influence by taking all reasonable actions to reinstate the
146natural longshore transport of sand, including implementation of
147inlet sand bypassing and other inlet management projects.
148     Section 2.  Section 161.143, Florida Statutes, is created
149to read:
150     161.143  Inlet management; planning, prioritizing, funding,
151approving, and implementing projects.--
152     (1)  Studies, projects, and activities for the purpose of
153mitigating the erosive effects of inlets and reinstating the
154natural longshore flow of sand to adjacent eroding beaches must
155be supported by separately approved inlet management plans or
156inlet components of the statewide comprehensive beach management
157plan. Such plans in support of individual inlet projects or
158activities must, pursuant to s. 161.161(1)(b), evaluate each
159inlet to determine the extent of the inlet's erosive effect on
160adjacent beaches and, if significant, make recommendations to
161mitigate such ongoing erosive effects and provide estimated
162costs for such mitigation.
163     (2)  The department shall establish annual funding
164priorities for studies, activities, or other projects concerning
165inlet management. Such inlet management projects include, but
166are not limited to, inlet sand bypassing, modifications to
167channel dredging, jetty redesign, jetty repair, disposal of
168spoil material, and the development, revision, adoption, or
169implementation of an inlet management plan. The funding
170priorities established by the department must be consistent with
171the requirements and legislative declaration in ss. 161.101(14),
172161.142, and 161.161(1)(b). In establishing funding priorities
173under this subsection and before transmitting the annual inlet
174project list to the Legislature under subsection (5), the
175department shall seek formal input from local coastal
176governments, beach and general government associations and other
177coastal interest groups, and university experts concerning
178annual funding priorities for inlet management projects. In
179order to maximize the benefits of efforts to address the inlet-
180caused beach erosion problems of this state, the ranking
181criteria used by the department to establish funding priorities
182for studies, activities, or other projects concerning inlet
183management must include consideration of:
184     (a)  An estimate of the annual quantity of beach-quality
185sand reaching the updrift boundary of the improved jetty or
186inlet channel.
187     (b)  The severity of the erosion to the adjacent beaches
188caused by the inlet and the extent to which the proposed project
189mitigates the erosive effects of the inlet.
190     (c)  The overall significance and anticipated success of
191the proposed project in reinstating the natural longshore
192transport of sand and addressing the sand deficit along the
193inlet-affected shorelines.
194     (d)  The extent to which existing bypassing activities at
195an inlet would benefit from modest, cost-effective improvements
196when considering the volumetric increases from the proposed
197project, the availability of beach-quality sand currently not
198being bypassed to adjacent eroding beaches, and the ease with
199which such beach-quality sand may be obtained.
200     (e)  The interest and commitment of local governments as
201demonstrated by their willingness to coordinate the planning,
202design, construction, and maintenance of an inlet management
203project and their financial plan for funding the local cost-
204share for initial construction, ongoing sand bypassing, channel
205dredging, and maintenance.
206     (f)  The previous completion or approval of a state-
207sponsored inlet management plan or local-government-sponsored
208inlet study concerning the inlet addressed by the proposed
209project, the ease of updating and revising any such plan or
210study, and the adequacy and specificity of the plan's or study's
211recommendations concerning the mitigation of an inlet's erosive
212effects on adjacent beaches.
213     (g)  The degree to which the proposed project will enhance
214the performance and longevity of proximate beach nourishment
215projects, thereby reducing the frequency of such periodic
216nourishment projects.
217     (h)  The project-ranking criteria in s. 161.101(14) to the
218extent such criteria are applicable to inlet management studies,
219projects, and activities.
220     (3)  The department may, pursuant to s. 161.101 and
221notwithstanding s. 161.101(15), pay from legislative
222appropriations provided for these purposes 75 percent of the
223total costs, or, if applicable, the nonfederal costs, of a
224study, activity, or other project concerning the management of
225an inlet. The balance must be paid by the local governments or
226special districts having jurisdiction over the property where
227the inlet is located.
228     (4)  Using the legislative appropriation to the statewide
229beach-management-support category of the department's fixed
230capital outlay funding request, the department may employ
231university-based or other contractual sources and pay 100
232percent of the costs of studies that are consistent with the
233legislative declaration in s. 161.142 and that:
234     (a)  Determine, calculate, refine, and achieve general
235consensus regarding net annual sediment transport volumes to be
236used for the purpose of planning and prioritizing inlet
237management projects; and
238     (b)  Appropriate, assign, and apportion responsibilities
239between inlet beneficiaries for the erosion caused by a
240particular inlet on adjacent beaches.
241     (5)  The department shall annually provide an inlet
242management project list, in priority order, to the Legislature
243as part of the department's budget request. The list must
244include studies, projects, or other activities that address the
245management of at least 10 separate inlets and that are ranked
246according to the criteria established under subsection (2).
247     (a)  The department shall make available at least 10
248percent of the total amount that the Legislature appropriates in
249each fiscal year for statewide beach management for the three
250highest-ranked projects on the current year's inlet management
251project list.
252     (b)  The department shall make available at least 50
253percent of the funds appropriated for the feasibility and design
254category in the department's fixed capital outlay funding
255request for projects on the current year's inlet management
256project list which involve the study for, or design or
257development of, an inlet management project.
258     (c)  The department shall make available all statewide
259beach management funds that remain unencumbered or are allocated
260to non-project-specific activities for projects on legislatively
261approved inlet management project lists. Funding for local-
262government-specific projects on annual project lists approved by
263the Legislature must remain available for such purposes for a
264period of 18 months pursuant to s. 216.301(2)(a). Based on an
265assessment and the department's determination that a project
266will not be ready to proceed during this 18-month period, such
267funds shall be used for inlet management projects on
268legislatively approved lists.
269     (d)  The Legislature shall designate one of the three
270highest projects on the inlet management project list in any
271year as the Inlet of the Year. The department shall annually
272report to the Legislature concerning the extent to which each
273inlet project designated by the Legislature as Inlet of the Year
274has succeeded in reinstating the natural longshore transport of
275sand around inlets, mitigating the inlet's erosive effects on
276adjacent beaches, and transferring or otherwise placing beach-
277quality sand on adjacent eroding beaches.
278     (6)  The department shall adopt rules under ss. 120.536(1)
279and 120.54 to administer this section.
280     Section 3.  This act shall take effect July 1, 2008.


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