Florida 2024 Regular Session

Florida House Bill H1079 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to coastal construction and 2
16	16	assessments; amending s. 161.053, F.S.; providing that 3
17	17	only coastal counties and coastal municipalities that 4
18	18	received written authorization from the Department of 5
19	19	Environmental Protection on or before a specified date 6
20	20	may establish construction zoning and building co de 7
21	21	exceptions to coastal construction control lines; 8
22	22	prohibiting the department from delegating certain 9
23	23	authority to coastal counties and coastal 10
24	24	municipalities that did not receive such 11
25	25	authorization; amending s. 380.093, F.S.; authorizing 12
26	26	the department to provide coastal counties, beginning 13
27	27	on a specified date, with Resilient Florida Grant 14
28	28	Program grants to fund saltwater intrusion 15
29	29	vulnerability assessments; specifying the purpose of 16
30	30	and requirements for the assessments; requiring the 17
31	31	department to update the comprehensive statewide flood 18
32	32	vulnerability and sea level rise data set and make 19
33	33	certain information received from the saltwater 20
34	34	intrusion vulnerability assessments publicly available 21
35	35	on its website; requiring the department to provide 22
36	36	cost-share funding up to a specified amount for 23
37	37	awarded grants; specifying that certain coastal 24
38	38	counties are not required to contribute to the cost -25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	share funding; providing an effective date. 26
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53	53	Be It Enacted by the Legislature of the State of Florida: 28
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55	55	Section 1. Subsections (3) and (15) of section 161.053, 30
56	56	Florida Statutes, are amended to read: 31
57	57	161.053 Coastal construction and excavation; regulation on 32
58	58	county basis.— 33
59	59	(3) A coastal county or coastal municipality may establish 34
60	60	coastal construction zoning and bu ilding codes in lieu of the 35
61	61	provisions of this section if such zones and codes were are 36
62	62	approved in writing by the department on or before December 1, 37
63	63	2023, as being adequate to preserve and protect the beaches and 38
64	64	coastal barrier dunes adjacent to such be aches, which are under 39
65	65	the jurisdiction of the department, from imprudent construction 40
66	66	that will jeopardize the stability of the beach -dune system, 41
67	67	accelerate erosion, provide inadequate protection to upland 42
68	68	structures, endanger adjacent properties, or int erfere with 43
69	69	public beach access. Exceptions to locally established coastal 44
70	70	construction zoning and building codes may not be granted unless 45
71	71	previously approved by the department before December 1, 2023 . 46
72	72	The intent of this subsection is to provide for the l ocal 47
73	73	administration of established coastal construction control lines 48
74	74	through approved zoning and building codes if desired by local 49
75	75	interests and where such local interests have, in the judgment 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	of the department, sufficient funds and personnel to adequat ely 51
89	89	administer the program. Should the department determine at any 52
90	90	time that the program is inadequately administered, the 53
91	91	department may revoke the authority granted to the county or 54
92	92	municipality. 55
93	93	(15)(a) Except as provided in paragraph (b), the 56
94	94	department may delegate In keeping with the intent of subsection 57
95	95	(3), authority for permitting certain types of activities that 58
96	96	have been defined by the department may be delegated by the 59
97	97	department to a coastal county or coastal municipality. Such 60
98	98	partial delegation must shall be narrowly construed to those 61
99	99	particular activities specifically named in the delegation and 62
100	100	agreed to by the affected county or municipality. The delegation 63
101	101	may be revoked by the department at any time if it is determined 64
102	102	that the delegation is improperly or inadequately administered. 65
103	103	(b) The department may not delegate such authority to a 66
104	104	coastal county or coastal municipality that did not receive 67
105	105	local coastal construction zoning and building code exceptions 68
106	106	to the coastal control line on or before December 1, 2023, 69
107	107	pursuant to subsection (3). 70
108	108	Section 2. Paragraph (b) of subsection (3) of section 71
109	109	380.093, Florida Statutes, is amended, and paragraph (e) is 72
110	110	added to that subsection, to read: 73
111	111	380.093 Resilient Florida Grant Program; comprehensive 74
112	112	statewide flood vulnerability and sea level rise data set and 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	assessment; Statewide Flooding and Sea Level Rise Resilience 76
126	126	Plan; regional resilience entities. — 77
127	127	(3) RESILIENT FLORIDA GRANT PROGRAM. — 78
128	128	(b) Subject to appropriation, the depart ment may provide 79
129	129	grants to any each of the following entities: 80
130	130	1. A county or municipality to fund: 81
131	131	a. The costs of community resilience planning and 82
132	132	necessary data collection for such planning, including 83
133	133	comprehensive plan amendments and necessary cor responding 84
134	134	analyses that address the requirements of s. 163.3178(2)(f). 85
135	135	b. Vulnerability assessments that identify or address 86
136	136	risks of inland or coastal flooding and sea level rise. 87
137	137	c. For coastal counties beginning July 1, 2025, saltwater 88
138	138	intrusion vulnerability assessments that analyze the effects of 89
139	139	saltwater intrusion on the coastal county's water supply and the 90
140	140	preparedness of the coastal county to respond to such a threat. 91
141	141	d.c. The development of projects, plans, and policies that 92
142	142	allow communities to prepare for threats from flooding and sea 93
143	143	level rise. 94
144	144	e.d. Preconstruction activities for projects to be 95
145	145	submitted for inclusion in the Statewide Flooding and Sea Level 96
146	146	Rise Resilience Plan and that are located in a municipality that 97
147	147	has a population of 10,000 or less fewer or a county that has a 98
148	148	population of 50,000 or less fewer, according to the most recent 99
149	149	April 1 population estimates posted on the Office of Economic 100
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162	162	and Demographic Research's websit e. 101
163	163	f.e. Feasibility studies and the cost of permitting for 102
164	164	nature-based solutions that reduce the impact of flooding and 103
165	165	sea level rise. 104
166	166	2. A water management district identified in s. 373.069 to 105
167	167	support local government adaptation planning, which may be 106
168	168	conducted by the water management district or by a third party 107
169	169	on behalf of the water management district. Such grants must be 108
170	170	used for the express purpose of supporting the Florida Flood Hub 109
171	171	for Applied Research and Innovation and the department in 110
172	172	implementing this section through data creation and collection, 111
173	173	modeling, and the implementation of statewide standards. 112
174	174	Priority must be given to filling critical data gaps identified 113
175	175	by the Florida Flood Hub for Applied Research and Innovation 114
176	176	under s. 380.0933(2)(a). 115
177	177	(e)1. A saltwater intrusion vulnerability assessment 116
178	178	conducted pursuant to sub -subparagraph (b)1.c. must include an 117
179	179	analysis of all of the following information: 118
180	180	a. The coastal county's primary water utilities. 119
181	181	b. Current maps of the coas tal county's freshwater 120
182	182	wellfields and latest saltwater intrusion impact lines. 121
183	183	c. Projections of saltwater intrusion over the next 122
184	184	decade, including specific wells that may be impacted during 123
185	185	that timeframe. 124
186	186	d. The costs necessary to relocate freshwat er wellfields 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	anticipated to be impacted, including current projects that are 126
200	200	underway to relocate the freshwater wellfields. 127
201	201	2. The department shall do all of the following: 128
202	202	a. Use the information contained in a coastal county's 129
203	203	saltwater intrusion vu lnerability assessment to update its 130
204	204	comprehensive statewide flood vulnerability and sea level rise 131
205	205	data set under subsection (4). 132
206	206	b. Make publicly available on the department's website any 133
207	207	appropriate information from a saltwater intrusion vulnerability 134
208	208	assessment it receives from coastal counties pursuant to this 135
209	209	paragraph. 136
210	210	c. Provide 50 percent cost -share funding up to $250,000 137
211	211	for each grant awarded under this paragraph. A coastal county 138
212	212	with a population of 50,000 or less is not required to 139
213	213	contribute to the cost share. 140
214	214	Section 3. This act shall take effect July 1, 2024. 141