GM/STA-003


SELECT COMMITTEE ON GROWTH MANAGEMENT

STAFF ANALYSIS

April 12, 1983


BILL NUMBER: HB 1099 (PCB 83-2)

COMPANION/SIMILAR: SB 443

RELATING TO: Coastal Construction Control Lines



I. SUMMARY

A. Present Situation

Permits from the Department of Natural Resources are
required for construction on state-owned tidal lands below the
mean high tide line. Originally, applications for these permits
were made to the Division of Marine Resources of the Department
of Natural Resources. Now the function of reviewing these
permit applications resides in the Division of Beaches and
Shores.

Under the Beach and Shore Preservation Act, Section 161.053,
Florida Statutes, a permit from the Department of Natural
Resources is also required for construction seaward of coastal
construction control lines. These control lines are established
by the department on a county basis to define those portions of
the beach-dune system which are subject to the 100-year storm
surge. In order to be permitted, proposed construction seaward
of the control line must meet design standards which insure
protection of the beach-dune system, the proposed structure,
and adjacent properties.

B. Probable Effect of the Bill

This bill would prohibit construction on state owned lands
below the mean high tide which would interfere with the public's
use of state owned tidal lands. There are two exceptions to
this prohibition. First, interference with public use would be
allowed during the construction of the project. Second, inter-
ference with public access would be permitted if such interference
is necessary for protecting the beach or any endangered upland
structure.

In relation to coastal construction control lines, the bill
would allow the department to establish the lines further land-
ward of the 100-year storm surge to include coastal dunes which










intercept the 100-year surge (see Figure 1). Also, the bill
would allow the department to consider existing structures in
setting the design standards an applicant will be required to
meet in order to obtain a permit. The bill adds a number of
factors which may be considered by the department when it
reviews a permit application. These factors include the design
of the proposed structures, and the cumulative effects of
existing and proposed structures on the beach-dune system.

The bill would allow the department to condition its
permits to protect sea turtles and to protect the seaside vegeta-
tion. The bill also would allow the department to delegate
some of its permitting functions to local governments if the
local government agrees to the delegation.

The Department of Natural Resources is authorized by
the bill to establish a fee schedule and to collect fees to
help defray the costs associated with its permitting functions
which are not covered by legislative appropriation. It is
also authorized to require an applicant to pay for any public
notice which may be necessary.


II. FISCAL IMPACTS

A. State Government

The Department of Natural Resources will be favorably
impacted by the ability to charge permit fees which help defray
the expenses of administering its permitting programs and for
public notices which may be required.

B. Local Government

No fiscal impact on local government is expected.

C. Private Sector

Applicants for permits will be required to pay fees which
vary in relation to the type of construction permitted. The
fees which can be collected are limited in the sense that the
fee schedule must be based on the actual cost of administering
the permit programs, less the amounts appropriated by the legis-
lature for the programs. Most fees are expected to be in the
range of $200 to $300 per application.


III. GROWTH IMPACTS

A. Overall Impact

While this bill does not inhibit or promote growth, its
overall impact would be to improve Florida's coastal construction









permitting programs and thus enhance the protection of
beach-dune systems and coastal structures.


Analysis prepared by:

Staff Director's review:


Dana D. Minerva.& 7

George H. Meier





FIGURE 1


CONTROL


BARRIER


LINE LOCATION


DUNE


CL
(EXISTING)


m n m ownn m u


STORM SURGE LEVEL


SOURCE: DIVISION OF BEACHES AND SHORES, DEPARTMENT OF NATURAL RESOURCES


PROTECTION


CL
(PROPOSED)