161.54 Definitions. ---
In
construing ss. 161.52-161.58:
(1) "Coastal building zone"
means the land area from the seasonal high-water line landward to a line
1,500 feet landward from the coastal construction control line as established
pursuant to s. 161.053, and, for those coastal areas fronting on the Gulf of
Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida and not included
under s. 161.053, the land area seaward of the most landward velocity zone
(V-zone) line as established by the Federal Emergency Management Agency and
shown on flood insurance rate maps.
(2) "Coastal barrier islands" means geological features
which are completely surrounded by marine waters that front upon the open
waters of the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of
Florida and are composed of quartz sands, clays, limestone, oolites, rock,
coral, coquina, sediment, or other material, including spoil disposal, which
features lie above the line of mean high water. Mainland areas which were
separated from the mainland by artificial channelization for the purpose of
assisting marine commerce shall not be considered coastal barrier
islands.
(3) "Beach" means the zone of unconsolidated material that
extends landward from the mean low-water line to the place where there is
marked change in material or physiographic form, or to the line of permanent
vegetation, usually the effective limit of storm waves. "Beach" is
alternatively termed "shore."
(4) "Dune" means a mound or ridge of loose sediments,
usually sand-sized sediments, lying landward of the beach and deposited by
any natural or artificial mechanism.
(5) "Construction" means the carrying out of any building,
clearing, filling, excavation, or substantial improvement in the size or use
of any structure or the appearance of any land. When appropriate to the
context, "construction" refers to the act of construction or the result
of construction.
(6)
(a) "Major structure" means houses, mobile homes,
apartment buildings, condominiums, motels, hotels, restaurants, towers, other
types of residential, commercial, or public buildings, and other construction
having the potential for substantial impact on coastal zones.
(b) "Minor structure" means pile-supported, elevated dune and
beach walkover structures; beach access ramps and walkways; stairways;
pile-supported, elevated viewing platforms, gazebos, and boardwalks;
lifeguard support stands; public and private bathhouses; sidewalks,
driveways, parking areas, shuffleboard courts, tennis courts, handball
courts, racquetball courts, and other uncovered paved areas; earth retaining
walls; and sand fences, privacy fences, ornamental walls, ornamental garden
structures, aviaries, and other ornamental construction. It shall be a
characteristic of minor structures that they are considered to be expendable
under design wind, wave, and storm forces.
(c) "Nonhabitable major structure" means swimming pools; parking
garages; pipelines; piers; canals, lakes, ditches, drainage structures, and
other water retention structures; water and sewage treatment plants;
electrical power plants, and all related structures or facilities,
transmission lines, distribution lines, transformer pads, vaults, and
substations; roads, bridges, streets, and highways; and underground storage
tanks.
(d) "Coastal or shore protection structure" means
shore-hardening structures, such as seawalls, bulkheads, revetments, rubble
mound structures, groins, breakwaters, and aggregates of materials other than
beach sand used for shoreline protection; beach and dune restoration; and
other structures which are intended to prevent erosion or protect other
structures from wave and hydrodynamic forces.
The enumeration of types of structures in this subsection shall not be
construed as excluding from the operation of ss. 161.52-161.58 any other
structure which by its usage, design, dimensions, or structural configuration
would require engineering consideration similar to the listed
structures.
(7) "Building support structure" means any structure which
supports floor, wall, or column loads and transmits such loads to the
foundation, and includes beams, grade beams, or joists and the lowest
horizontal structural member exclusive of piles, columns, or
footings.
(8) "Breakaway wall" or "frangible wall" means a
partition independent of supporting structural members that will withstand
design wind forces, but will fail under hydrostatic, wave, and runup forces
associated with the design storm surge. Under such conditions, the wall will
fail in a manner such that it dissolves or breaks up into components that
will not act as potentially damaging missiles.
(9) "Department" means the Department of Environmental
Protection.
(10) "State land planning agency" means the Department of
Community Affairs.
(11) "State minimum building codes" means the recognized
model building construction codes as identified in s. 553.73.
(12) "Substantial improvement" means any repair,
reconstruction, rehabilitation, or improvement of a structure, the cost of
which equals or exceeds, over a 5-year period, a cumulative total of 50
percent of the market value of the structure either:
(a) Before the
improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before
the damage occurred.
For the purposes of this definition, "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or
other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does
not, however, include either any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions or
any alteration of a structure listed on the National Register of Historic
Places or the State Inventory of Historic Places.
(13) When used in ss. 161.52-161.58, the terms defined in s.
177.27 have the same meanings as provided in that
section.
History: s. 36, ch. 85-55; s. 2, ch. 86-191; s. 1, ch. 91-56; s. 1, ch. 92-7; s.
33, ch. 94-356.