Title: House Bill 1099, Relating to Beach and Shore Preservation
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Permanent Link: http://ufdc.ufl.edu/WL00004188/00001
 Material Information
Title: House Bill 1099, Relating to Beach and Shore Preservation
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - House Bill 1099, Relating to Beach and Shore Preservation
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 12
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004188
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

9


HB 1099
Florida House of Representatives 1983 HB 1


By Select Committee on Growth Management




1 A bill to be entitled

2 An act relating to beach and shore

3 preservation; amending s. 161.041, Florida

4 Statutes, providing that certain coastal

S 5 development shall not interfere, except during
S--
". 6 construction, with the use by the public of
4J S
S 7 certain beach areas; amending s. 161.053(1) and

8 g a (4), Florida Statutes, and adding subsections

0 9 (13) and (14) thereto, authorizing the
4-.
;; 10 Department of Natural Resources to establish
U"6
.$ 11 segments of a coastal construction line further

S 12 landward than the impact zone of a 100-year

g 13 storm surge under certain circumstances;
4J L.
S14 providing that the department may authorize an

15 excavation or erection of a structure at any
-o
16 coastal location under certain circumstances;
O, 17 providing that the department may condition the

1 18 nature, timing and sequence of construction of

S 191 permitted activities to provide protection to

0s 20 nesting sea turtles and hatchlings and to

21 21 provide protection to native salt resistant

= 221 vegetation and endangered plant communities;

i- 23 providing that the department may delegate
24 authority for permitting certain types of

25. activities to a coastal county or municipality;

26; providing fees; providing an effective date.

27
i

2i Be It Enacted by the Legislature of the State of Florida:

291

30 Section 1. Section 161.041, Florida Statutes, is

31; amended to read:


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197-157-4-3


1 161.041 Permits required.--If any person, firm, 1.17

2 corporation, county, municipality, township, special district, 1.18

3 or any public agency shall desire to make any coastal 1.19

4 construction or reconstruction or change of existing
5 structures, or any construction or physical activity 1.20

6 undertaken specifically for shore protection purposes, or 1.21

7 other structures and physical activity including groins, 1.22

g jetties, moles, breakwaters, seawalls, revetments, artificial

9 nourishment, inlet sediment bypassing, excavation or 1.24

10 maintenance dredging of inlet channels, or other deposition or

11 removal of beach material or construction of other structures 1.27

12 if of a solid or highly impermeable design, upon sovereignty

13 lands of Florida, below the mean high-water line of any tidal 1.28

14 water of the state, a coastal construction permit must be 1.29
15 obtained from the Department of Natural Resources prior to the 1.31

16 commencement of such work. No such development shall l:lus
17 interfere, except during construction, with the use by the

18 public of any area of a beach seaward of the mean high-water 1.33

19 line unless the department determines such interference is 1.34

2 unavoidable for purposes of protecting the beach or any

21 endangered upland structure. Application for coastal 1.36

22 construction permits as defined above shall be made to the 1.37

231 department B4isioen-ef-Marine-Reseoaees upon such terms and 1.39

241 conditions as set forth by rule of the department.

25; Section 2. Subsections (1) and (4) of section 161.053, 1.40

26 Florida Statutes, are amended and subsections (13) and (14) 1.41

271 are added to said section to read:
28 161.053 Coastal construction and excavation; 1.42

29' regulation on county basis.--

30 (1) The Legislature finds and declares that the 1.44

311 beaches in this eo-the state and the coastal barrier dunes l:lus
2

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197-157-4-3



1 adjacent to such beaches, by their nature, are subject to 1.

2 frequent and severe fluctuations and represent one of 1.

3 Florida's most valuable natural resources and that it is in

4 the public interest to preserve and protect them from 1.

5 imprudent construction which can jeopardize the stability of 1.

6 the beach-dune system, accelerate erosion, provide inadequate 1.'

7 protection to upland structures, and endanger adjacent 1.

8 property and the beach-dune system. In furtherance of these 1.

9 findings, it is the intent of the Legislature to provide that

10 the departmentr-aetin-bthreou--he-tVsdivsen shall establish 1.!

11 coastal construction control lines on a county basis along the 1.!

12 sand beaches of the state fronting on the Atlantic Ocean or 1:

13 and the Gulf of Mexico. Such lines shall be established so as 1.!

14 to define that portion of the beach-dune system which is

15 subject to severe fluctuations based on a 100-year storm 1.4

16! surges, storm waves, surge or other predictable weather 1::

171 conditions. However, the department may establish a segment 1.4

18 or segments of a coastal construction control line further 1.4

19 landward than the impact zone of a 100-year storm surge

201 provided that such segment or segments do not extend beyond 1.4

21 the landward toe of the coastal barrier dune structure that

221 intercepts the 100-year storm surge. Seaward of established 1.(

23; coastal construction control lines, special siting and design

24 considerations shall be required by the department as a 1.(

25: condition to the permit when necessary to ensure the

261 protection of the beach-dune system, proposed or existing 1.(

27i structures, and adjacent propertiesr-and-se-es-te-define-the 1.6

281 area-within-whieh-speeial-straetteral-design-eenseideraeeen-i4 1.7

29 required- to-nsure -proteetion-e,- e-beaeh-dmne-systemT-any

30 : proposed-ste e rer-and-adaeen-propert-esT-re rth-hn- e 1.7

31 define-a-seawerd-titit-eoar-apland--staetares.

3
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197-157-4-3


(3) Any coastal county or coastal municipality may

establish coastal construction zoning and building codes in

lieu of the provisions of this section, provided such zones

and codes are approved by the department as being adequate to

protect the shoreline from erosion and safeguard adjacent

structures. Exceptions to locally established coastal

construction zoning and building codes shall not be granted

unless previously approved by the department. It is the

intent of this subsection to provide for local administration

of established coastal construction control lines through

approved zoning and building codes where desired by local

interests and where said local interests have, in the judgment

of the department, sufficient funds and personnel to

adequately administer the program. Should the department

determine at any time that the program is inadequately

administered, the department shall have authority to revoke

the authority granted to the county or municipality.

(4) Except in those areas where local zoning and

building codes have been established pursuant to subsection

(3), a permit to alter, excavate, or construct on property

seaward of established coastal construction control lines may

be granted by the department as follows:

(a) The department may authorize an excavation or

erection of a structure at any riparian coastal location as

described in subsection (1) upon receipt of an application

from a property and/or riparian owner and upon the

consideration of facts and circumstances, including adequate

engineering data concerning shoreline stability and storm

tides related to shoreline topography, the existing line of

construction, design features of the proposed structures or

activities, and potential impacts of the location of such

4

CODING: Wordt in s.ua.k thouw- type are deletions from existing low; words underlined additions.


1.74

1.75



1.76



1.77



1.79



1.80




1.81

1.82



1.83



1.84


2.1



2.2

2.2

2.5

2.6



2.8

2.9



2.11 1

2.12








197-157-4-3


structures or activities including potential cumulative

effects of existing and any proposed structures or activities 2.1

upon the beach-dune system, which, in the opinion of the 2.1

department, clearly justify such a permit.

(b) If in the immediate contiguous or adjacent area a 2.1

number of existing structures have established a reasonably 2.1

continuous and uniform construction line closer to the line of 2.1

mean high water than the foregoing, and if said existing 2.1:

structures have not been unduly affected by erosion, a

proposed structure may be permitted along such line on written 2.1'

authorization from the department if such proposed structure 2.21

is also approved by the department. However, the department 2.2.

shall not contravene setback requirements or zoning or

building codes established by a county or municipality which 2.2:

are equal to, or more strict than, those requirements provided

herein. 2.2

(c) The department may condition the nature, timing, 2.2

and sequence of construction of permitted activities to 2.2'

provide protection to nesting sea turtles and hatchlings and 2.2!


their habitat pursuant to s. 370.12 and to provide protection

to native salt resistant vegetation and endangered plant


communities. The-depetatenrt-tmay-aet ho ri-e-the-eenr ttetmon-eo

pipetines-oer-piers-e-e tending-o-etwrd&-f-m-he-shorei-neT

unless-it-determ nems-hat-the-eenmstetioe-of-seeh-pre3ee t

woeud-eaese-ereason-et-bh-bbeaeh-tn-bthe-are a-e-ueh

strueturear

(13) In keeping with the intent of subsection (3), and

at the discretion of the department, authority for permitting

certain types of activities which have been defined by the

department may be delegated by the department to a coastal

county or coastal municipality. Such partial delegation shall

5
CODING: Words in .*. dugh type ore deletions from existing loaw; words underlined ore addition-.








197-157-4-3


1 be narrowly construed to those particular activities

2 specifically named in the delegation, and agreed to by the 2.35

3 affected county or municipality. Further, such partial 2.36

4L delegation may be revoked by the department at any time if it

5j is determined that the delegation is improperly or 2.37

6 inadequately administered.

7 (14) The department may establish by rule a fee l:lus

8 schedule and may assess fees for the filing, processing, and 2.39

9 issuance of permits issued pursuant to s. 161.041 and this

10 section. The fee schedule shall contain categories of permits 2.40

11 based on the varying costs of evaluating applications for 2.41

12 different types of proposed construction. The fee schedule 2.42

13 shall be based on the actual costs of administering these

l4 permitting programs, less the amounts appropriated by the 2.43

15! Legislature for such purposes. The department may also assess 2.44

16 the applicant for the costs of public notice by publication

17 prior to the consideration of these permit applications. 2.45

18 Section 3. This act shall take effect October 1, 1983. 2.46
HOUSE SUMMARY
19
Provides that no coastal construction development shall
20 interfere, except during construction, with the use by
the public of any area of beach seaward of the mean high-
21 water line unless the Department of Natural Resources
determines that such interference is unavoidable for
22! protecting the beach or any endangered upland structure.
Authorizes the department to establish segments of a
23 coastal construction control line further landward than
the impact zone of a 100-year storm surge provided that
24: the segment does not extend beyond the landward toe of
the coastal barrier dune structure that intercepts the
25 100-year storm surge. Provides described considerations
for siting and design seaward of established coastal
26 construction lines. Provides that the department may
authorize an excavation or erection of a structure at any
27 coastal location rather than a riparian coastal location
under described circumstances. Provides that the
28 department may condition the nature, timing and sequence
of construction of permitted activities to provide
29 protection to nesting sea turtles and hatchlings and
their habitat and to provide protection to native salt
30 resistant vegetation and endangered plant communities.
Provides that the department may delegate authority for
31 permitting certain types of activities to coastal
counties or municipalities. Authorizes the department to
assess certain fees. 6

CODING: Words in *-u- s.neq. k type are deletions from existing low; words underlined are additions.




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