Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 758
                                Barcode 349990                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2012           .                                

       The Committee on Environmental Preservation and Conservation
       (Jones) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 161.041, Florida Statutes, is amended to
    6  read:
    7         161.041 Permits required.—
    8         (1) If a any person, firm, corporation, county,
    9  municipality, township, special district, or any public agency
   10  desires to make any coastal construction or reconstruction or
   11  change of existing structures, or any construction or physical
   12  activity undertaken specifically for shore protection purposes,
   13  or other structures and physical activity including groins,
   14  jetties, moles, breakwaters, seawalls, revetments, artificial
   15  nourishment, inlet sediment bypassing, excavation or maintenance
   16  dredging of inlet channels, or other deposition or removal of
   17  beach material, or construction of other structures if of a
   18  solid or highly impermeable design, upon state sovereignty lands
   19  of Florida, below the mean high-water line of any tidal water of
   20  the state, a coastal construction permit must be obtained from
   21  the department before prior to the commencement of such work.
   22  The department may exempt interior tidal waters of the state
   23  from the permit requirements of this section. No such
   24  development shall interfere,
   25         (a) Except during construction, such development may not
   26  interfere with the public use by the public of any area of a
   27  beach seaward of the mean high-water line unless the department
   28  determines that the such interference is unavoidable for
   29  purposes of protecting the beach or an any endangered upland
   30  structure. The department may require, As a condition of to
   31  granting permits under this section, the department may require
   32  the provision of alternative access if when interference with
   33  public access along the beach is unavoidable. The width of such
   34  alternate access may not be required to exceed the width of the
   35  access that will be obstructed as a result of the permit being
   36  granted. Application for coastal construction permits as defined
   37  above shall be made to the department upon such terms and
   38  conditions as set forth by rule of the department.
   39         (b) Except for the deepwater ports identified in s.
   40  403.021(9)(b), the department shall not issue a any permit for
   41  the construction of a coastal inlet jetty or the excavation or
   42  maintenance of such an inlet if the activity authorized by the
   43  permit will have a significant adverse impact on the sandy
   44  beaches of this state without a mitigation program approved by
   45  the department. In evaluating the mitigation program, the
   46  department shall consider take into consideration the benefits
   47  of the long-term sand management plan of the permittee and the
   48  overall public benefits of the inlet activity.
   49         (2) The department may authorize an excavation or erection
   50  of a structure at any coastal location upon receipt of an
   51  application from a property or riparian owner and upon
   52  consideration of facts and circumstances, including:
   53         (a) Adequate engineering data concerning inlet and
   54  shoreline stability and storm tides related to shoreline
   55  topography;
   56         (b) Design features of the proposed structures or
   57  activities; and
   58         (c) Potential effects impacts of the location of such
   59  structures or activities, including potential cumulative effects
   60  of any proposed structures or activities upon such beach-dune
   61  system or coastal inlet, which, in the opinion of the
   62  department, clearly justify such a permit.
   63         (3) The department may require such engineer certifications
   64  as necessary to assure the adequacy of the design and
   65  construction of permitted projects. Reasonable assurance is
   66  demonstrated if the permit applicant provides competent
   67  substantial evidence based on plans, studies, and credible
   68  expertise that accounts for naturally occurring variables that
   69  might reasonably be expected.
   70         (4) The department may, as a condition to the granting of a
   71  permit under this section, require mitigation, financial, or
   72  other assurances acceptable to the department as may be
   73  necessary to assure performance of the conditions of a permit or
   74  enter into contractual agreements to best assure compliance with
   75  any permit conditions. Biological and environmental monitoring
   76  conditions included in the permit must shall be based upon
   77  clearly defined scientific principles. The department may also
   78  require notice of the required permit conditions required and
   79  the contractual agreements entered into pursuant to the
   80  provisions of this subsection to be filed in the public records
   81  of the county in which the permitted activity is located.
   82         (5) Notwithstanding any other provision of law, the
   83  department may issue permits pursuant to this part in advance of
   84  the issuance of an incidental take authorization provided under
   85  the Endangered Species Act and its implementing regulations if
   86  the permits and authorizations include a condition that requires
   87  that such authorized activities not begin until the incidental
   88  take authorization is issued.
   89         (6) The department shall adopt rules to address standard
   90  mixing zone criteria and antidegradation requirements for
   91  turbidity generation for beach management and inlet bypassing
   92  permits that involve the excavation and placement of sediment in
   93  order to reduce or eliminate the need for variances. In
   94  processing variance requests, the department must consider the
   95  legislative declaration that, pursuant to s. 161.088, beach
   96  nourishment projects are in the public interest.
   97         (7) Application for permits shall be made to the department
   98  upon such terms and conditions as set forth by rule.
   99         (a) If, as part of the permit process, the department
  100  requests additional information, it must cite applicable
  101  statutory and rule provisions that justify any item listed in a
  102  request for additional information.
  103         (b) The department may not issue guidelines that are
  104  enforceable as standards for beach management, inlet management,
  105  and other erosion control projects without adopting such
  106  guidelines by rule.
  107         (8) The Legislature intends to simplify and expedite the
  108  permitting process for the periodic maintenance of previously
  109  permitted and constructed beach nourishment and inlet management
  110  projects under the joint coastal permit process. A detailed
  111  review of a previously permitted project is not required if
  112  there have been no substantial changes in project scope and past
  113  performance of the project indicates that the project has
  114  performed according to design expectations. The department shall
  115  amend chapters 62B-41 and 62B-49, Florida Administrative Code,
  116  to streamline the permitting process for periodic beach
  117  maintenance projects and inlet sand bypassing activities.
  118         (9) Joint coastal permits issued for activities falling
  119  under this section and part IV of chapter 373 must allow for two
  120  maintenance or dredging disposal events or a permit life of 15
  121  years, whichever is greater.
  122         Section 2. Subsection (20) of section 161.101, Florida
  123  Statutes, is amended to read:
  124         161.101 State and local participation in authorized
  125  projects and studies relating to beach management and erosion
  126  control.—
  127         (20) The department shall maintain active a current project
  128  listings on its website by fiscal year in order to provide
  129  transparency regarding those projects receiving funding and the
  130  funding amounts, and to facilitate legislative reporting and
  131  oversight. In consideration of this intent: listing and may, in
  132  its discretion and dependent upon the availability of local
  133  resources and changes in the criteria listed in subsection (14),
  134  revise the project listing.
  135         (a) The department shall notify the Executive Office of the
  136  Governor and the Legislature regarding any significant changes
  137  in the funding levels of a given project as initially requested
  138  in the department’s budget submission and subsequently included
  139  in approved annual funding allocations. The term “significant
  140  change” means those changes exceeding 25 percent of a project’s
  141  original allocation. If there is surplus funding, notification
  142  shall be provided to the Executive Office of the Governor and
  143  the Legislature to indicate whether additional dollars are
  144  intended to be used for inlet management pursuant to s. 161.143,
  145  offered for reversion as part of the next appropriations
  146  process, or used for other specified priority projects on active
  147  project lists.
  148         (b) A summary of specific project activities for the
  149  current fiscal year, funding status, and changes to annual
  150  project lists shall be prepared by the department and included
  151  with the department’s submission of its annual legislative
  152  budget request.
  153         (c) A local project sponsor may at any time release, in
  154  whole or in part, appropriated project dollars by formal
  155  notification to the department, which shall notify the Executive
  156  Office of the Governor and the Legislature. Notification must
  157  indicate how the project dollars are intended to be used.
  158         Section 3. Paragraph (v) is added to subsection (1) of
  159  section 403.813, Florida Statutes, to read:
  160         403.813 Permits issued at district centers; exceptions.—
  161         (1) A permit is not required under this chapter, chapter
  162  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  163  chapter 25270, 1949, Laws of Florida, for activities associated
  164  with the following types of projects; however, except as
  165  otherwise provided in this subsection, nothing in this
  166  subsection relieves an applicant from any requirement to obtain
  167  permission to use or occupy lands owned by the Board of Trustees
  168  of the Internal Improvement Trust Fund or any water management
  169  district in its governmental or proprietary capacity or from
  170  complying with applicable local pollution control programs
  171  authorized under this chapter or other requirements of county
  172  and municipal governments:
  173         (v) Notwithstanding any other provision in this chapter,
  174  chapter 373, or chapter 161, a permit or other authorization is
  175  not required for the following exploratory activities associated
  176  with beach restoration and nourishment projects and inlet
  177  management activities:
  178         1. The collection of geotechnical, geophysical, and
  179  cultural resource data, including surveys, mapping, acoustic
  180  soundings, benthic and other biologic sampling, and coring.
  181         2. Oceanographic instrument deployment, including temporary
  182  installation on the seabed of coastal and oceanographic data
  183  collection equipment.
  184         3. Incidental excavation associated with any of the
  185  activities listed under paragraph (a) or paragraph (b).
  186         Section 4. This act shall take effect July 1, 2012.
  188  ================= T I T L E  A M E N D M E N T ================
  189         And the title is amended as follows:
  190         Delete everything before the enacting clause
  191  and insert:
  192                        A bill to be entitled                      
  193         An act relating to beach management; amending s.
  194         161.041, F.S.; specifying that demonstration to the
  195         Department of Environmental Protection of the adequacy
  196         of a project’s design and construction is supported by
  197         certain evidence; authorizing the department to issue
  198         permits for an incidental take authorization under
  199         certain circumstances; requiring the department to
  200         adopt certain rules involving the excavation and
  201         placement of sediment; requiring the Department of
  202         Environmental Protection to justify items listed in a
  203         request for additional information; providing
  204         legislative intent; exempting certain previously
  205         permitted projects from detailed review; requiring
  206         that the department amend certain rules to streamline
  207         the permitting process for certain projects and
  208         activities; providing for the permit life of joint
  209         coastal permits; amending s. 161.101, F.S.; requiring
  210         the department to maintain certain beach management
  211         project information on its website; defining the term
  212         “significant change”; requiring the department to
  213         notify the Governor’s Office and the Legislature
  214         concerning any significant changes in project funding
  215         levels; amending s. 403.813, F.S.; providing a permit
  216         exemption for certain specified exploratory activities
  217         relating to beach restoration and nourishment projects
  218         and inlet management activities; providing an
  219         effective date.