HB 1079 2024
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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
A bill to be entitled 1
An act relating to coastal construction and 2
assessments; amending s. 161.053, F.S.; providing that 3
only coastal counties and coastal municipalities that 4
received written authorization from the Department of 5
Environmental Protection on or before a specified date 6
may establish construction zoning and building co de 7
exceptions to coastal construction control lines; 8
prohibiting the department from delegating certain 9
authority to coastal counties and coastal 10
municipalities that did not receive such 11
authorization; amending s. 380.093, F.S.; authorizing 12
the department to provide coastal counties, beginning 13
on a specified date, with Resilient Florida Grant 14
Program grants to fund saltwater intrusion 15
vulnerability assessments; specifying the purpose of 16
and requirements for the assessments; requiring the 17
department to update the comprehensive statewide flood 18
vulnerability and sea level rise data set and make 19
certain information received from the saltwater 20
intrusion vulnerability assessments publicly available 21
on its website; requiring the department to provide 22
cost-share funding up to a specified amount for 23
awarded grants; specifying that certain coastal 24
counties are not required to contribute to the cost -25
HB 1079 2024
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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
share funding; providing an effective date. 26
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Be It Enacted by the Legislature of the State of Florida: 28
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Section 1. Subsections (3) and (15) of section 161.053, 30
Florida Statutes, are amended to read: 31
161.053 Coastal construction and excavation; regulation on 32
county basis.— 33
(3) A coastal county or coastal municipality may establish 34
coastal construction zoning and bu ilding codes in lieu of the 35
provisions of this section if such zones and codes were are 36
approved in writing by the department on or before December 1, 37
2023, as being adequate to preserve and protect the beaches and 38
coastal barrier dunes adjacent to such be aches, which are under 39
the jurisdiction of the department, from imprudent construction 40
that will jeopardize the stability of the beach -dune system, 41
accelerate erosion, provide inadequate protection to upland 42
structures, endanger adjacent properties, or int erfere with 43
public beach access. Exceptions to locally established coastal 44
construction zoning and building codes may not be granted unless 45
previously approved by the department before December 1, 2023 . 46
The intent of this subsection is to provide for the l ocal 47
administration of established coastal construction control lines 48
through approved zoning and building codes if desired by local 49
interests and where such local interests have, in the judgment 50
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of the department, sufficient funds and personnel to adequat ely 51
administer the program. Should the department determine at any 52
time that the program is inadequately administered, the 53
department may revoke the authority granted to the county or 54
municipality. 55
(15)(a) Except as provided in paragraph (b), the 56
department may delegate In keeping with the intent of subsection 57
(3), authority for permitting certain types of activities that 58
have been defined by the department may be delegated by the 59
department to a coastal county or coastal municipality. Such 60
partial delegation must shall be narrowly construed to those 61
particular activities specifically named in the delegation and 62
agreed to by the affected county or municipality. The delegation 63
may be revoked by the department at any time if it is determined 64
that the delegation is improperly or inadequately administered. 65
(b) The department may not delegate such authority to a 66
coastal county or coastal municipality that did not receive 67
local coastal construction zoning and building code exceptions 68
to the coastal control line on or before December 1, 2023, 69
pursuant to subsection (3). 70
Section 2. Paragraph (b) of subsection (3) of section 71
380.093, Florida Statutes, is amended, and paragraph (e) is 72
added to that subsection, to read: 73
380.093 Resilient Florida Grant Program; comprehensive 74
statewide flood vulnerability and sea level rise data set and 75
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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
assessment; Statewide Flooding and Sea Level Rise Resilience 76
Plan; regional resilience entities. — 77
(3) RESILIENT FLORIDA GRANT PROGRAM. — 78
(b) Subject to appropriation, the depart ment may provide 79
grants to any each of the following entities: 80
1. A county or municipality to fund: 81
a. The costs of community resilience planning and 82
necessary data collection for such planning, including 83
comprehensive plan amendments and necessary cor responding 84
analyses that address the requirements of s. 163.3178(2)(f). 85
b. Vulnerability assessments that identify or address 86
risks of inland or coastal flooding and sea level rise. 87
c. For coastal counties beginning July 1, 2025, saltwater 88
intrusion vulnerability assessments that analyze the effects of 89
saltwater intrusion on the coastal county's water supply and the 90
preparedness of the coastal county to respond to such a threat. 91
d.c. The development of projects, plans, and policies that 92
allow communities to prepare for threats from flooding and sea 93
level rise. 94
e.d. Preconstruction activities for projects to be 95
submitted for inclusion in the Statewide Flooding and Sea Level 96
Rise Resilience Plan and that are located in a municipality that 97
has a population of 10,000 or less fewer or a county that has a 98
population of 50,000 or less fewer, according to the most recent 99
April 1 population estimates posted on the Office of Economic 100
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and Demographic Research's websit e. 101
f.e. Feasibility studies and the cost of permitting for 102
nature-based solutions that reduce the impact of flooding and 103
sea level rise. 104
2. A water management district identified in s. 373.069 to 105
support local government adaptation planning, which may be 106
conducted by the water management district or by a third party 107
on behalf of the water management district. Such grants must be 108
used for the express purpose of supporting the Florida Flood Hub 109
for Applied Research and Innovation and the department in 110
implementing this section through data creation and collection, 111
modeling, and the implementation of statewide standards. 112
Priority must be given to filling critical data gaps identified 113
by the Florida Flood Hub for Applied Research and Innovation 114
under s. 380.0933(2)(a). 115
(e)1. A saltwater intrusion vulnerability assessment 116
conducted pursuant to sub -subparagraph (b)1.c. must include an 117
analysis of all of the following information: 118
a. The coastal county's primary water utilities. 119
b. Current maps of the coas tal county's freshwater 120
wellfields and latest saltwater intrusion impact lines. 121
c. Projections of saltwater intrusion over the next 122
decade, including specific wells that may be impacted during 123
that timeframe. 124
d. The costs necessary to relocate freshwat er wellfields 125
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anticipated to be impacted, including current projects that are 126
underway to relocate the freshwater wellfields. 127
2. The department shall do all of the following: 128
a. Use the information contained in a coastal county's 129
saltwater intrusion vu lnerability assessment to update its 130
comprehensive statewide flood vulnerability and sea level rise 131
data set under subsection (4). 132
b. Make publicly available on the department's website any 133
appropriate information from a saltwater intrusion vulnerability 134
assessment it receives from coastal counties pursuant to this 135
paragraph. 136
c. Provide 50 percent cost -share funding up to $250,000 137
for each grant awarded under this paragraph. A coastal county 138
with a population of 50,000 or less is not required to 139
contribute to the cost share. 140
Section 3. This act shall take effect July 1, 2024. 141