The Department has proposed to amend sections of Rule Chapter 62B-55, Model Lighting Ordinance for Marine Turtle Protection, to update non-mandatory guidelines and reflect improvements in lighting technology. The Chapter ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NOS.:RULE TITLES:

62B-55.002Definitions

62B-55.004General Guidance to Local Governments

62B-55.005Prohibition of Activities Disruptive to Marine Turtles

62B-55.006Model Standards for New Beachfront Lighting

62B-55.007Model Standards For Existing Beachfront Lighting

62B-55.008Proposed Enforcement and Penalties

PURPOSE AND EFFECT: The Department has proposed to amend sections of Rule Chapter 62B-55, Model Lighting Ordinance for Marine Turtle Protection, to update non-mandatory guidelines and reflect improvements in lighting technology. The Chapter sets forth definitions and guidelines required by statute and for local governments to consider for the purpose of controlling beachfront lighting to protect sea turtles.

SUMMARY: Amendments include incorporating into the rule by reference a model sea turtle lighting ordinance for consideration by local governments. Definitions, guidelines for new beachfront lighting, guidelines for existing beachfront lighting, and recommended compliance and enforcement strategies are provided in the model ordinance. With many provisions of the existing rule moved into the model ordinance, obsolete or redundant rule sections are proposed for repeal.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Information known to the Agency regarding the nature and costs of non-mandatory guidelines amended by the rules, and based on the expertise and experience of agency staff, it was determined that a SERC was not necessary and that the rule amendments will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 161.163, FS.

LAW IMPLEMENTED: 161.163, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 19, 2020, 10:00 a.m. to 12:00 noon (Eastern Time)

PLACE: This workshop will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long-distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is via https://register.gotowebinar.com/register/1942013922405693964.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Doug Aarons, Florida Department of Environmental Protection, Office of Resilience and Coastal Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, telephone: [phone], E-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Doug Aarons, Florida Department of Environmental Protection, Office of Resilience and Coastal Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, telephone: [phone], E-mail: [e-mail] or visit the rules in development webpage at https://floridadep.gov/rcp/beaches-funding-program/content/resilience-and-coastal-protection-rules-development.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62B-55.002 Definitions.

(1) through (2) No change.

(3) “Bug” type bulb means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light.

(4) “Coastal construction activities” means any work or activity that is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

(5) “County” means Bay, Brevard, Broward, Charlotte, Citrus, Collier, Dade, Dixie, Duval, Escambia, Flagler, Franklin, Gulf, Hernando, Indian River, Jefferson, Lee, Levy, Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pasco, Pinellas, St. Johns, St. Lucie, Santa Rosa, Sarasota, Suwanee, Taylor, Volusia, Wakulla, and Walton Counties.

(6) “Cumulatively illuminated” means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach.

(7) “Department” means the Florida Department of Environmental Protection.

(8) “Directly illuminated” means illuminated as a result of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is visible to an observer on the beach.

(9) “Dune” means a mound or ridge of loose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism.

(10) “Frontal dune” means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value.

(11) “Ground-level barrier” means any vegetation, natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system.

(12) “Hatchling” means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

(13) “Indirectly illuminated” means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is not visible to an observer on the beach.

(3)(14) “Local government” means any county listed in Rule 62B-55.003, F.A.C., subsection (4), above, and any municipality, community development district, or special taxing district within those counties.

(4)(15) “Marine turtle” is any turtle, including all life stages from egg to adult, of the species means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp’s ridley). For purposes of this rule, marine turtle is synonymous with sea turtle.

(16) “Nest” means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

(17) “Nesting season” means the period from May 1 through October 31 of each year for all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward. Nesting season for Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties means the period from March 1 through October 31 of each year.

(18) “Nighttime” means the locally effective time period between sunset and sunrise.

(19) “Person” means individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(20) “Tinted glass” means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

Rulemaking Authority 161.163 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.002, Amended_____.

 

62B-55.004 General Guidance to Local Governments.

The State of Florida Model Lighting Ordinance for Sea Turtle Protection effective January 2021, which is hereby adopted and incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12380 and https://floridadep.gov/rcp/beaches, provides guidelines for local government regulations that control artificial lighting to protect sea turtles. 

(1) The responsibility for protecting nesting female and hatchling marine turtles should be a joint responsibility of local government and the department. Local governments are encouraged to adopt, implement, and enforce the guidelines provided herein to assist in that responsibility. Local governments that have adopted less stringent regulations should consider amending existing ordinances to provide greater protection to nesting marine turtles and hatchlings. In the process of implementing these guidelines, the following management goals should also be considered by local governments:

(a) Public Awareness. Any person submitting an application for coastal construction activities within the jurisdictional boundaries of the local government should be informed of the existence of and requirements within the local government’s ordinances concerning artificial lighting and marine turtle protection.

(b) Local Government – Department Communication. Upon adoption of these guidelines, a system of communication between the local government and the department should be developed if it does not already exist. Protection of marine turtle nesting habitat, nesting females, and hatchlings is greatly enhanced when local governments manage their beaches and coastal activities in a manner consistent with prudent marine turtle conservation strategies. The department is ready to assist local governments by providing such conservation information and other technical assistance.

(c) Inter-Governmental Cooperation. Upon adoption of these guidelines, local governments should develop a system for receiving copies of permits issued by the department, the Department of Environmental Protection, or the United States Army Corps of Engineers for any coastal construction within the local government's jurisdiction. Activities permitted by these agencies should be assessed for compliance with the local government's lighting ordinance.

(d) Enforcement. Local governments should develop a process for the consistent and effective enforcement of adopted guidelines. This process should include at least one compliance inspection of the beach conducted at night prior to the commencement of the main portion of the marine turtle nesting season and one compliance inspection conducted during the marine turtle nesting season.

(2) The department considers the provisions of this chapter to be minimum guidelines for the protection of nesting habitat, nesting females, and hatchling marine turtles from the negative effects of artificial lighting. More stringent standards for marine turtle protection may be adopted by local governments. Prior to adoption of any additional standards, local governments are encouraged to consult with the department to ensure that the proposed standards are consistent with the guidelines set forth herein and with all other applicable department rules.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.004, Amended_____.

 

62B-55.005 Prohibition of Activities Disruptive to Marine Turtles.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.005, Repealed ____.

 

62B-55.006 Model Standards for New Beachfront Lighting.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.006, Repealed _____.

 

62B-55.007 Model Standards For Existing Beachfront Lighting.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.007, Repealed_____.

 

62B-55.008 Proposed Enforcement and Penalties.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.008, Repealed _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alex Reed, Director, Office of Resilience and Coastal Protection

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 3, 2020