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
". 6 construction, with the use by the public of
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
;; 10 Department of Natural Resources to establish
.$ 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;
S14 providing that the department may authorize an
15 excavation or erection of a structure at any
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.
2i Be It Enacted by the Legislature of the State of Florida:
30 Section 1. Section 161.041, Florida Statutes, is
31; amended to read:
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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
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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
CODING: Words in .eu k thomigh type ore deletions from existing low; words underlined are additions.
(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
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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
(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
unless-it-determ nems-hat-the-eenmstetioe-of-seeh-pre3ee t
(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
CODING: Words in .*. dugh type ore deletions from existing loaw; words underlined ore addition-.
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
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.