Florida Senate - 2012                              CS for SB 758
       By the Committee on Environmental Preservation and Conservation;
       and Senator Jones
       592-01734A-12                                          2012758c1
    1                        A bill to be entitled                      
    2         An act relating to beach management; amending s.
    3         161.041, F.S.; specifying that demonstration to the
    4         Department of Environmental Protection of the adequacy
    5         of a project’s design and construction is supported by
    6         certain evidence; authorizing the department to issue
    7         permits for an incidental take authorization under
    8         certain circumstances; requiring the department to
    9         adopt certain rules involving the excavation and
   10         placement of sediment; requiring the Department of
   11         Environmental Protection to justify items listed in a
   12         request for additional information; providing
   13         legislative intent; exempting certain previously
   14         permitted projects from detailed review; requiring
   15         that the department amend certain rules to streamline
   16         the permitting process for certain projects and
   17         activities; providing for the permit life of joint
   18         coastal permits; amending s. 161.101, F.S.; requiring
   19         the department to maintain certain beach management
   20         project information on its website; defining the term
   21         “significant change”; requiring the department to
   22         notify the Governor’s Office and the Legislature
   23         concerning any significant changes in project funding
   24         levels; amending s. 403.813, F.S.; providing a permit
   25         exemption for certain specified exploratory activities
   26         relating to beach restoration and nourishment projects
   27         and inlet management activities; providing an
   28         effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 161.041, Florida Statutes, is amended to
   33  read:
   34         161.041 Permits required.—
   35         (1) If a any person, firm, corporation, county,
   36  municipality, township, special district, or any public agency
   37  desires to make any coastal construction or reconstruction or
   38  change of existing structures, or any construction or physical
   39  activity undertaken specifically for shore protection purposes,
   40  or other structures and physical activity including groins,
   41  jetties, moles, breakwaters, seawalls, revetments, artificial
   42  nourishment, inlet sediment bypassing, excavation or maintenance
   43  dredging of inlet channels, or other deposition or removal of
   44  beach material, or construction of other structures if of a
   45  solid or highly impermeable design, upon state sovereignty lands
   46  of Florida, below the mean high-water line of any tidal water of
   47  the state, a coastal construction permit must be obtained from
   48  the department before prior to the commencement of such work.
   49  The department may exempt interior tidal waters of the state
   50  from the permit requirements of this section. No such
   51  development shall interfere,
   52         (a) Except during construction, such development may not
   53  interfere with the public use by the public of any area of a
   54  beach seaward of the mean high-water line unless the department
   55  determines that the such interference is unavoidable for
   56  purposes of protecting the beach or an any endangered upland
   57  structure. The department may require, As a condition of to
   58  granting permits under this section, the department may require
   59  the provision of alternative access if when interference with
   60  public access along the beach is unavoidable. The width of such
   61  alternate access may not be required to exceed the width of the
   62  access that will be obstructed as a result of the permit being
   63  granted. Application for coastal construction permits as defined
   64  above shall be made to the department upon such terms and
   65  conditions as set forth by rule of the department.
   66         (b) Except for the deepwater ports identified in s.
   67  403.021(9)(b), the department shall not issue a any permit for
   68  the construction of a coastal inlet jetty or the excavation or
   69  maintenance of such an inlet if the activity authorized by the
   70  permit will have a significant adverse impact on the sandy
   71  beaches of this state without a mitigation program approved by
   72  the department. In evaluating the mitigation program, the
   73  department shall consider take into consideration the benefits
   74  of the long-term sand management plan of the permittee and the
   75  overall public benefits of the inlet activity.
   76         (2) The department may authorize an excavation or erection
   77  of a structure at any coastal location upon receipt of an
   78  application from a property or riparian owner and upon
   79  consideration of facts and circumstances, including:
   80         (a) Adequate engineering data concerning inlet and
   81  shoreline stability and storm tides related to shoreline
   82  topography;
   83         (b) Design features of the proposed structures or
   84  activities; and
   85         (c) Potential effects impacts of the location of such
   86  structures or activities, including potential cumulative effects
   87  of any proposed structures or activities upon such beach-dune
   88  system or coastal inlet, which, in the opinion of the
   89  department, clearly justify such a permit.
   90         (3) The department may require such engineer certifications
   91  as necessary to assure the adequacy of the design and
   92  construction of permitted projects. Reasonable assurance is
   93  demonstrated if the permit applicant provides competent
   94  substantial evidence based on plans, studies, and credible
   95  expertise that accounts for naturally occurring variables that
   96  might reasonably be expected.
   97         (4) The department may, as a condition to the granting of a
   98  permit under this section, require mitigation, financial, or
   99  other assurances acceptable to the department as may be
  100  necessary to assure performance of the conditions of a permit or
  101  enter into contractual agreements to best assure compliance with
  102  any permit conditions. Biological and environmental monitoring
  103  conditions included in the permit must shall be based upon
  104  clearly defined scientific principles. The department may also
  105  require notice of the required permit conditions required and
  106  the contractual agreements entered into pursuant to the
  107  provisions of this subsection to be filed in the public records
  108  of the county in which the permitted activity is located.
  109         (5) Notwithstanding any other provision of law, the
  110  department may issue permits pursuant to this part in advance of
  111  the issuance of an incidental take authorization provided under
  112  the Endangered Species Act and its implementing regulations if
  113  the permits and authorizations include a condition that requires
  114  that such authorized activities not begin until the incidental
  115  take authorization is issued.
  116         (6) The department shall adopt rules to address standard
  117  mixing zone criteria and antidegradation requirements for
  118  turbidity generation for beach management and inlet bypassing
  119  permits that involve the excavation and placement of sediment in
  120  order to reduce or eliminate the need for variances. In
  121  processing variance requests, the department must consider the
  122  legislative declaration that, pursuant to s. 161.088, beach
  123  nourishment projects are in the public interest.
  124         (7) Application for permits shall be made to the department
  125  upon such terms and conditions as set forth by rule.
  126         (a) If, as part of the permit process, the department
  127  requests additional information, it must cite applicable
  128  statutory and rule provisions that justify any item listed in a
  129  request for additional information.
  130         (b) The department may not issue guidelines that are
  131  enforceable as standards for beach management, inlet management,
  132  and other erosion control projects without adopting such
  133  guidelines by rule.
  134         (8) The Legislature intends to simplify and expedite the
  135  permitting process for the periodic maintenance of previously
  136  permitted and constructed beach nourishment and inlet management
  137  projects under the joint coastal permit process. A detailed
  138  review of a previously permitted project is not required if
  139  there have been no substantial changes in project scope and past
  140  performance of the project indicates that the project has
  141  performed according to design expectations. The department shall
  142  amend chapters 62B-41 and 62B-49, Florida Administrative Code,
  143  to streamline the permitting process for periodic beach
  144  maintenance projects and inlet sand bypassing activities.
  145         (9) Joint coastal permits issued for activities falling
  146  under this section and part IV of chapter 373 must allow for two
  147  maintenance or dredging disposal events or a permit life of 15
  148  years, whichever is greater.
  149         Section 2. Subsection (20) of section 161.101, Florida
  150  Statutes, is amended to read:
  151         161.101 State and local participation in authorized
  152  projects and studies relating to beach management and erosion
  153  control.—
  154         (20) The department shall maintain active a current project
  155  listings on its website by fiscal year in order to provide
  156  transparency regarding those projects receiving funding and the
  157  funding amounts, and to facilitate legislative reporting and
  158  oversight. In consideration of this intent: listing and may, in
  159  its discretion and dependent upon the availability of local
  160  resources and changes in the criteria listed in subsection (14),
  161  revise the project listing.
  162         (a) The department shall notify the Executive Office of the
  163  Governor and the Legislature regarding any significant changes
  164  in the funding levels of a given project as initially requested
  165  in the department’s budget submission and subsequently included
  166  in approved annual funding allocations. The term “significant
  167  change” means those changes exceeding 25 percent of a project’s
  168  original allocation. If there is surplus funding, notification
  169  shall be provided to the Executive Office of the Governor and
  170  the Legislature to indicate whether additional dollars are
  171  intended to be used for inlet management pursuant to s. 161.143,
  172  offered for reversion as part of the next appropriations
  173  process, or used for other specified priority projects on active
  174  project lists.
  175         (b) A summary of specific project activities for the
  176  current fiscal year, funding status, and changes to annual
  177  project lists shall be prepared by the department and included
  178  with the department’s submission of its annual legislative
  179  budget request.
  180         (c) A local project sponsor may at any time release, in
  181  whole or in part, appropriated project dollars by formal
  182  notification to the department, which shall notify the Executive
  183  Office of the Governor and the Legislature. Notification must
  184  indicate how the project dollars are intended to be used.
  185         Section 3. Paragraph (v) is added to subsection (1) of
  186  section 403.813, Florida Statutes, to read:
  187         403.813 Permits issued at district centers; exceptions.—
  188         (1) A permit is not required under this chapter, chapter
  189  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  190  chapter 25270, 1949, Laws of Florida, for activities associated
  191  with the following types of projects; however, except as
  192  otherwise provided in this subsection, nothing in this
  193  subsection relieves an applicant from any requirement to obtain
  194  permission to use or occupy lands owned by the Board of Trustees
  195  of the Internal Improvement Trust Fund or any water management
  196  district in its governmental or proprietary capacity or from
  197  complying with applicable local pollution control programs
  198  authorized under this chapter or other requirements of county
  199  and municipal governments:
  200         (v) Notwithstanding any other provision in this chapter,
  201  chapter 373, or chapter 161, a permit or other authorization is
  202  not required for the following exploratory activities associated
  203  with beach restoration and nourishment projects and inlet
  204  management activities:
  205         1. The collection of geotechnical, geophysical, and
  206  cultural resource data, including surveys, mapping, acoustic
  207  soundings, benthic and other biologic sampling, and coring.
  208         2. Oceanographic instrument deployment, including temporary
  209  installation on the seabed of coastal and oceanographic data
  210  collection equipment.
  211         3. Incidental excavation associated with any of the
  212  activities listed under subparagraph 1. or subparagraph 2.
  213         Section 4. This act shall take effect July 1, 2012.