Fla. Admin. Code R. 62B-36.002

Current through Reg. 50, No. 217; November 5, 2024

Section 62B-36.002 - Definitions

(1) "Annual Funding Request" is the document submitted by a local sponsor which includes a detailed description for the next fiscal year's funding request and a schedule for the disbursement of funds to be requested for beach or inlet management projects or related activities over a given period of time. Only projects consistent with the Strategic Beach Management Plan will be considered for funding. These projects will be ranked and placed on either the beach or inlet management list submitted to the Legislature for funding consideration.

(2) "Area of Inlet Influence" is the distance along the adjacent sandy shorelines where sediment transfer and shoreline location are physically altered due to the presence of the inlet and any associated structures or improvements which alter the natural functioning of the inlet. The area of inlet influence will be determined using a feasibility or an inlet management study.

(3) "Beach Management" is protecting, maintaining, preserving, or enhancing Florida's beaches. Activities included are restoring or nourishing beach and dune systems, dune protection and restoration, restoration of natural shoreline processes, removal of derelict structures and obstacles to natural shoreline process in conjunction with restoration or nourishment, and construction of erosion control structures. These activities include feasibility, engineering, design and environmental studies, post-construction monitoring and mitigation to support such activities.

(4) "Contractual Services" are the provision of engineering, professional, or scientific services for eligible activities as otherwise described in this chapter. Such activities may be performed by a private company or individual, or, if approved by the Department, pursuant to subsection 62B-36.007(6), F.A.C., the local sponsor.

(5) "Critically Eroded Shoreline" is a segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded shoreline may also include adjacent segments or gaps between identified critical erosion areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects.

(6) "Department" is the Department of Environmental Protection.

(7) "Inlet" is a coastal barrier waterway connecting a bay, lagoon, or similar body of water with the Gulf of Mexico, the Straits of Florida, or the Atlantic Ocean and all related flood and ebb tidal shoals and the inlet shorelines. Improved, altered or modified inlets are those where stabilizing rigid coastal structures have been constructed, or where inlet related structures or features such as channels have been constructed or are actively maintained and the channel depth is greater than the inlet system would support in a natural state.

(8) "Inlet Management" is comprised of actions taken to minimize, eliminate, or mitigate the effects of the inlet on the adjacent shorelines including feasibility, engineering, design, environmental studies, construction, and post-construction monitoring to support such activities.

(9) "Local Sponsor" is any state, county, municipality, township, or special district created pursuant to part II, chapter 161, F.S., having authority and responsibility for preserving and protecting the coastal system, and any state, county, municipality, township, and inlet and navigational districts having authority and responsibility for management of an inlet. The local sponsor is responsible for the balance of the non-state cost share.

(10) "Local Long Range Budget Plan" is a document that projects the ten-year planning needs for federal, state, and local governments necessary to implement the strategies outlined in the Strategic Beach Management Plan for a specific project. The document lists five years of anticipated project costs followed by the next five years of anticipated planning phases. The document is submitted by local sponsors to the Department along with annual funding requests.

(11) "Project Agreement" is a contract executed between the Department and the local sponsor that explicitly defines the terms and conditions under which the project shall be conducted.

(12) "Project Boundary"for ranking purposes, means the sandy shoreline fronting the Atlantic Ocean, Gulf of Mexico, or the Straits of Florida, of the beach management project and the first row of residential or commercial development immediately landward of the beach vegetation line or beach erosion control line (ECL), whichever is further landward. The first row of development may be separated from the shoreline by recreational amenities, roadways or parking areas as long as there is dedicated public access. The area of inlet influence shall be the project boundary for inlet projects.

(13) "Project Length" is the along-shore length of shoreline in the project design, including tapers, or as otherwise delineated by the ECL.

(14) "Project Phase" is a step required in developing and implementing a project. The following phases will be considered for funding:

(a) "Feasibility" - is the characterization of the erosion problem and constraints on remediation alternatives, development and analysis of alternatives to address the problem, including taking no action, data collection in support of the analysis, and selection of the cost-effective, environmentally sound alternative that avoids or minimizes adverse impacts.

(b) "Design" - is the development of design studies, data collection, plans, specifications, permit applications, and financial planning for the project.

(c) "Construction" - is the execution of the selected project, including contractor services, contract management, construction oversight, and construction-related monitoring required by permit or contract.

(d) "Post-Construction Monitoring" - is the collection and analysis of physical and biological data required by state or federal permits on an annual or periodic basis following the completion of the construction phase.

(15) "Public Beach Access" is an entry zone and associated parking under public ownership or control which is specifically used for providing access to the adjacent sandy beach for the general public. The access must be signed, maintained and clearly visible from the adjacent roadway. The parking spaces counted for eligibility must be within one-quarter mile walking distance of a lateral entry zone and available to the general public. The types of public beach access sites are:

(a) "Primary Beach Access" is a site with at least 100 units, as defined in subsection 62B-36.007(1), F.A.C., and public restrooms;

(b) "Secondary Beach Access" is a site that may have parking and amenities, but does not qualify as a primary beach access.

(16) "Public Lodging Establishment" is any business currently licensed by the Department of Business and Professional Regulation in the classification of "hotel, " "motel, " or "vacation rental condominium" with six or more units as designated by the Department of Business and Professional Regulation, or campgrounds. Public Lodging Establishments must be located on the beachfront or within one-quarter mile walking distance of a public access.

(17) "Rank Score" is calculated by dividing a project's rank (n_i), or position of its value in a sequential list of all project values, by the total number of values included in the evaluation (N), then multiplying by the maximum points available for the metric, such that:

Click here to view image

The list of values shall be in an order (e.g., ascending or descending, depending on the metric) that assigns the value worth the most points as N. If two or more projects have an equal value, these projects will receive the same score.

(18) "Sediment Budget" is the mass balance between inputs and outputs of sediment in the inlet system, including all related flood and ebb tidal shoals, inlet shorelines and inland waterways, and the adjacent open coast beaches within the area of inlet influence.

(19) "Statewide Long Range Budget Plan" is the document produced by the Department that projects the ten-year planning needs for federal, state, and local governments necessary to implement the Strategic Beach Management Plan. The document lists five years of anticipated project costs followed by the next five years of anticipated planning phases for all beach and inlet management projects statewide. It is developed in coordination with local sponsors based on their Local Long Range Budget Plans and is submitted to the Legislature annually as a companion document to the Local Government Funding Request.

(20) "Strategic Beach Management Plan" is the Department's adopted plan for management of the critically eroded shoreline of the state and those components of feasibility or inlet management studies that minimize the erosive effects of inlets.

(21) "Threatened or endangered species" is an animal species that is identified as threatened or endangered by the United States Fish and Wildlife Service or National Marine Fisheries Service.

Fla. Admin. Code Ann. R. 62B-36.002

Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6) FS.

New 6-10-83, Formerly 16B-36.02, 16B-36.002, Amended 12-25-03, 8-5-13, Amended by Florida Register Volume 46, Number 156, August 11, 2020 effective 8/26/2020.

New 6-10-83, Formerly 16B-36.02, 16B-36.002, Amended 12-25-03, 8-5-13, 8-26-20.