THE BILL ITSELF
CS/HB 1297
Beach Management
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A bill to be entitled
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An act relating to beach management; amending s.
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161.101, F.S.; requiring the Department of
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Environmental Protection to review certain data when
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designating certain beaches as critically eroded and
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in need of restoration and nourishment; requiring that
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certain beaches, whose local government preserved
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funds for a certain purpose and which possess
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specified features, be designated as critically
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eroded; authorizing the secretary of the department to
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require coastal local governments to develop a local
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strategic beach management plan; requiring that such
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plans include an analysis of certain information;
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making a technical change; amending s. 161.161, F.S.;
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conforming a provision to changes made by the act;
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amending s. 380.05, F.S.; revising the list of areas
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that may receive designation as an area of critical
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state concern; reenacting s. 380.045(1), (3), and (5),
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F.S., relating to resource planning and management
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committees and objectives and procedures, to
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incorporate the amendment made to s. 380.05, F.S., in
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references thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1) and (2) of section 161.101,
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Florida Statutes, are amended to read:
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161.101 State and local participation in authorized
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projects and studies relating to beach management and erosion
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control.—
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(1)(a) The Legislature recognizes that beach erosion is a
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statewide problem that does not confine its effects to local
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governmental jurisdictions and that beach erosion can be
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adequately addressed most efficiently by a state-initiated
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program of beach restoration and beach nourishment. However,
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since local beach communities derive the primary benefits from
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the presence of adequate beaches, a program of beach restoration
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and beach nourishment should not be accomplished without a
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commitment of local funds to combat the problem of beach
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erosion.
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(b) Accordingly, the Legislature declares that the state,
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through the department, shall determine those beaches which are
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critically eroded and in need of restoration and nourishment and
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may authorize appropriations to pay up to 75 percent of the
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actual costs for restoring and nourishing a critically eroded
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beach. The local government in which such a beach is located is
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responsible for the balance of such costs. In designating
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beaches as critically eroded, the department shall review data
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related to beaches that have been preemptively and repeatedly
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repaired to avoid complete erosion and for which private
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funding, local government funding, and state and federal grants
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have been expended to stop or mitigate such erosion.
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(c) If a local government with jurisdiction over a beach
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that possesses all of the following features has a financial
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plan that ensures the preservation of funding for inclusion in
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the state strategic beach management plan, such beach must be
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designated as critically eroded:
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1. The local government possesses a perpetual easement
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that contains language stating the local government must assume
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maintenance responsibilities for shoreline parcels and must
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develop and implement a design whereby shoreline retreat is
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sufficiently managed to protect inland developments; and
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2. Geological features of the dune, beach, and seabed
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combined with insufficient spacing between the erosion control
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line to upland assets, which results in repeated inland flooding
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or structural damage The local government in which the beach is
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located shall be responsible for the balance of such costs.
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(2)(a) To carry out the beach and shore preservation
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programs, the department is hereby constituted as the beach and
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shore preservation authority for the state. In this capacity,
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the secretary of the department may at his or her own initiative
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take all necessary steps as soon as practicable and desirable to
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implement the provisions of this chapter.
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(b) The secretary of the department may, as he or she
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deems necessary, require coastal local governments to develop
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local strategic beach management plans. Local strategic beach
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management plans must include, but are not limited to, an
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identification of the most visited shoreline recreational
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facilities, university research centers, and shoreline
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protection areas and an analysis of all of the following:
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1. Compound flooding near the county's beaches.
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2. Assessed values of upland properties and developments.
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3. Environmentally sensitive lands and waters.
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4. Any recommendation from a certified coastal engineer or
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coastal engineering specialist.
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5. Any recommendation from the United States Army Corps of
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Engineers.
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Section 2. Paragraph (a) of subsection (2) of section
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161.161, Florida Statutes, is amended to read:
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161.161 Procedure for approval of projects.—
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(2) The comprehensive long-term management plan developed
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and maintained by the department pursuant to subsection (1) must
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include, at a minimum, a strategic beach management plan, a
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critically eroded beaches report, and a statewide long-range
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budget plan. The long-range budget plan must include a 3-year
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work plan for beach restoration, beach nourishment, and inlet
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management projects that lists planned projects for each of the
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3 fiscal years addressed in the work plan.
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(a) The strategic beach management plan must identify and
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recommend appropriate measures for all of the state's critically
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eroded sandy beaches and may incorporate plans prepared at the
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regional level, including plans developed pursuant to s.
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161.101(2)(b), taking into account areas of greatest need and
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probable federal and local funding. Upon approval in accordance
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with this section, such regional plans, along with the 3-year
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work plan identified in subparagraph (c)1., must serve as the
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basis for state funding decisions. Before finalizing the
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strategic beach management plan, the department shall hold a
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public meeting in the region for which the plan is prepared or
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hold a publicly noticed webinar.
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Section 3. Paragraph (a) of subsection (2) of section
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380.05, Florida Statutes, is amended to read:
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380.05 Areas of critical state concern.—
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(2) An area of critical state concern may be designated
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only for:
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(a) An area containing, or having a significant impact
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upon, environmental or natural resources of regional or
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statewide importance, including, but not limited to, state or
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federal parks;, forests;, wildlife refuges;, wilderness areas;,
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aquatic preserves;, major rivers and estuaries;, state
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environmentally endangered lands;, Outstanding Florida Waters;,
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low elevation sections immediately inland of the dune and beach
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which have been repeatedly breached or overtopped by seawater
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flowing into an interconnected stormwater system or which have
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been designated in a local emergency declaration for a prolonged
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period; and aquifer recharge areas, the uncontrolled private or
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public development of which would cause substantial
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deterioration of such resources. Specific criteria which must
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shall be considered in designating an area under this paragraph
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include:
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1. Whether the economic value of the area, as determined
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by the type, variety, distribution, relative scarcity, and
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condition of the environmental or natural resources within the
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area, is of substantial regional or statewide importance.
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2. Whether the ecological value of the area, as determined
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by the physical and biological components of the environmental
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system, is of substantial regional or statewide importance.
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3. Whether the area is a designated critical habitat of
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any state or federally designated threatened or endangered plant
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or animal species.
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4. Whether the area is inherently susceptible to
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substantial development due to its geographic location or
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natural aesthetics.
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5. Whether any existing or planned substantial development
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within the area will directly, significantly, and deleteriously
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affect any or all of the environmental or natural resources of
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the area which are of regional or statewide importance.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 380.05, Florida Statutes, in
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references thereto, subsections (1), (3), and (5) of section
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380.045, Florida Statutes, are reenacted to read:
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380.045 Resource planning and management committees;
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objectives; procedures.—
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(1) Prior to recommending an area as an area of critical
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state concern pursuant to s. 380.05, the Governor, acting as the
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chief planning officer of the state, shall appoint a resource
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planning and management committee for the area under study by
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the state land planning agency. The objective of the committee
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shall be to organize a voluntary, cooperative resource planning
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and management program to resolve existing, and prevent future,
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problems which may endanger those resources, facilities, and
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areas described in s. 380.05(2) within the area under study by
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the state land planning agency.
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(3) Not later than 12 months after its appointment by the
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Governor, the committee shall either adopt a proposed voluntary
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resource planning and management program for the area under
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study or recommend that a voluntary resource planning and
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management program not be adopted. The proposed voluntary
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resource planning and management program shall contain the
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committee findings with respect to problems that endanger those
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resources, facilities, and areas described in s. 380.05(2) and
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shall contain detailed recommendations for state, regional, and
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local governmental actions necessary to resolve current and
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prevent future problems identified by the committee. A major
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objective of the proposed voluntary resource planning and
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management program shall be the effective coordination of state,
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regional, and local planning; program implementation; and
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regulatory activities for comprehensive resource management. The
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committee shall submit the proposed voluntary resource planning
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and management program to the head of the state land planning
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agency, who shall transmit the program along with the
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recommendations of the agency for monitoring and enforcing the
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program, as well as any other recommendations deemed
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appropriate, to the Administration Commission.
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(5) The state land planning agency shall report to the
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Administration Commission within 12 months of the approval of
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the program by the commission concerning the implementation and
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the effects of the approved voluntary resource planning and
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management program. The report shall include, but shall not be
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limited to:
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(a) An assessment of state agency compliance with the
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program, including the degree to which the program
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recommendations have been integrated into agency planning,
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program implementation, regulatory activities, and rules;
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(b) An assessment of the compliance by each affected local
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government with the program;
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(c) An evaluation of state, regional, and local monitoring
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and enforcement activities and recommendations for improving
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such activities; and
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(d) A recommendation as to whether or not all or any
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portion of the study area should be designated an area of
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critical state concern pursuant to s. 380.05.
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The state land planning agency may make such other reports to
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the commission as it deems necessary, including recommending
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that all or any portion of the study area be designated an area
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of critical state concern because of special circumstances in
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the study area or in the implementation of the approved
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voluntary resource planning and management program.
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Section 5. This act shall take effect July 1, 2026.