Agenda 05/10/2022 Item #17A (Ordinance Proposing EAR to Address Sea Level Rise)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 10, 2022
Continue item 14B2 to the May 24, 2022, BCC Meeting: Recommendation that the Board of County
Commissioners, acting as the Community Redevelopment Agency Board (CRA), authorize staff to obtain an
appraisal, negotiate a Purchase Agreement with Catholic Charities Diocese of Venice, Inc. and take all
actions required by Section 163.380(3)(a), Florida Statutes to convey 1.96 acres of CRA owned property in
the Immokalee Community Redevelopment Area based on an unsolicited proposal. (District 5)
(Commissioner McDaniel’s request)
Continue item 16C6 to the May 24, 2022, BCC Meeting: Recommendation to authorize the County
Manager, or his designee take whatever action is necessary to convey the 6.38 acre “lake expansion parcel”
(Tract RL-2) located abutting the County’s Sports Complex and Special Events Center (n/k/a as the
“Paradise Coast Sports Complex”) to the City Gate Community Development District, as allowed by the
Board approved Contribution Agreement. (District 1) (Commissioner Taylor’s request)
Move item 16D1 to 11B: Recommendation to approve and authorize the Chairman to sign two (2)
Subrecipient Agreements between Collier County and NAMI Collier County, Inc., in the amount of $500,000
each to assist in obtaining suitable housing and funding under Emergency Rental Assistance Programs 1 and
2. (Grant Fund 705) (All Districts) (Commissioner McDaniel’s request)
Withdraw item 16F2: Recommendation that the Board of County Commissioners approve the County
Manager’s early departure from full-time service to the Board and agency as well as the Manager’s desire to
remain on the payroll utilizing contractual leave to his planned July 1 retirement. (All Districts) (Staff’s
Request)
Move item 17A to 9C: An Ordinance of the Board of County Commissioners of Collier County, Florida,
proposing Evaluation and Appraisal Review (EAR) based amendments to Ordinance 89-05, as amended, the
Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, specifically
amending the Conservation and Coastal Management Element to address sea level rise, and update
nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida Department
of Economic Opportunity; providing for severability; and providing for an effective date. [PL20210001271].
(All Districts) (Commissioner Taylor’s request)
Note:
Time Certain Items:
Item 10D to be heard immediately following item 5A: Appointment of an acting County Manager
6/6/2022 11:47 AM
17.A
05/10/2022
An Ordinance of the Board of County Commissioners of Collier County, Florida, proposing
Evaluation and Appraisal Review (EAR) based amendments to Ordinance 89-05, as amended,
the Collier County Growth Management Plan of the unincorporated area of Collier County,
Florida, specifically amending the Conservation and Coastal Management Element to address
sea level rise, and update nomenclature, and furthermore, directing transmittal of the adopted
amendment to the Florida Department of Economic Opportunity; providing for severability; and
providing for an effective date. [PL202100012711.
OBJECTIVE: To have the Board of County Commissioners (BCC) Adopt Ordinance to
amend the Growth Management Plan (GMP) Ordinance 89-05, as amended, to amend the
Conservation and Coastal Management Element, as required by Florida Statutes 163.3178.
CONSIDERATIONS: In 2015, the Legislature approved House Bill 1094 to amend the
Community Planning Act, FL Statute 163.3178 requiring Collier County to amend its
Conservation and Coastal Management Element language to "Include development and
redevelopment principles, strategies, and engineering solutions that reduce the flood risk in
coastal areas which result from high -tide events, storm surge, flash floods, stormwater runoff,
and the related impacts of sea -level rise." The bill requires additional language related to the
use of "best practices" for development and redevelopment in flood zone areas to reduce
losses due to flooding. The specific changes are enumerated in House Bill 1094 and a copy is
included as an attachment to this executive summary. During the 2020 legislative session, the
State required local governments to comply with the requirements of s. 163.3178 F.S. for
Coastal Management.
At their August 19, 2021 hearing, the Collier County Planning Commission recommended
unanimously for the Board of County Commissioners to transmit to the Department of
Economic Opportunity (DEO) the proposed CCME amendment. The Board unanimously
approved transmittal of the proposed amendment at their September 14, 2021 meeting. On
November 29, 2021, staff received recommended revisions from the DEO, who determined
that the proposed amendment did not sufficiently establish meaningful and predictable
guidelines and standards for addressing sea level rise. Staff has therefore revised the proposed
CCME amendment to address recommended revisions. The attachment titled "CCME Exhibit
A - changes from transmittal" addresses these revisions.
The DEO provided an Evaluation and Appraisal Notification to the Growth Management
Department related to compliance with the 2015 legislative changes for sea level rise. As a
result, Collier County must adopt the proposed amendments to the Conservation and Coastal
Management Element by December 14, 2022 as required by the DEO.
Exhibit A details the proposed amendments to the CCME. It is included as an Attachment. The
amendments include:
• Objective 11, which is development of an adaptation action area...
• Goal Area 14, is added, which is the reduction of flood risks from high tide events...
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17.A
05/10/2022
• Goal 14, is added to the element, which is to foster resiliency by coordinating with local,
state, and federal partners...
• Objective 10.3, acknowledges defense against coastal flooding as a natural function of
undeveloped coastal barriers...
• Policy 10.3.6, there is a correction to the text from Setback Line to Control Line...
• Policy 10.4.7, there is a correction to the text from Setback Line to Control Line. Also,
there is a change to add the provisions of the Dennis L. Jones Beach and Shore
Preservation Act of 2012...
• Policy 10.4.8, there is a correction to the text from Setback Line to Control Line...
• Policy 10.4.13, strike the word 'potential'...
• Policy 10.5.4, there is a correction to the text from Setback Line to Control Line...
• Policy 10.5.9, there is a correction to the text from Setback Line to Control Line, Also,
there is a change to add the provisions of the Dennis L. Jones Beach and Shore
Preservation Act of 2012...
• Policy 10.5.11, there is a correction to the text from Setback Line to Control Line...
• Objective 12.2, adds `sea level rise'...
• Objective 14.1, sets a five year cycle, beginning in 2022, to address issues related to sea -
level rise, including development and redevelopment strategies to reduce the risk of
flooding. It will encourage the use of best practices development principles to remove
property from flood zone designations and reduce losses due to flooding...
• Policy 14.1.1, states that the County shall continue to monitor all credible climate and
sea -level data...
• Policy 14.1.2, states that the County shall evaluate and update the public infrastructure
and resources protection standards of the Land Development Code and the GMP as
necessary...
• Policy 14.1.3, states the County shall continue to support Florida Statutes for Beach and
Shore Preservation...
• Policy 14.1.4, states the County shall consider the possible impacts from climate
change...
• Policy 14.1.5, references the development of an adaptation action area for low lying
zones experiencing coastal flooding.
• Policy 14.1.6, states the County shall coordinate with local municipalities regarding sea
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05/10/2022
17.A
level rise adaptation and mitigation.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The proposed amendments to the
CCME will add a requirement within the Collier County GMP to codify language to "Include
development and redevelopment principles, strategies, and engineering solutions that reduce the
flood risk in coastal areas which result from high -tide events, storm surge, flash floods,
stormwater runoff, and the related impacts of sea -level rise."
FISCAL IMPACT: The fiscal impacts for the County associated with the development or
resiliency strategies will be accommodated within the budgetary request of Comprehensive
Planning within Fiscal Year 21-22 and FY 22-23.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is
authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes,
The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The
Board should consider the following criteria in making its decision: "plan amendments shall be
based on relevant and appropriate data and an analysis by the local government that may include
but not be limited to, surveys, studies, community goals and vision, and other data available at
the time of adoption of the plan amendment. To be based on data means to react to it in an
appropriate way and to the extent necessary indicated by the data available on that particular
subject at the time of adoption of the plan or plan amendment at issue." 163.3177(1)(f), F.S.
This item is approved as to form and legality. It requires an affirmative vote of four for approval
because this is an Adoption hearing of the GMP amendment. [HFAC]
CCPC RECOMMENDATION: The Collier County Planning Commission (CCPC) at their
March 17, 2022 advertised public hearing recommended unanimously for the Board to Adopt
the Ordinance to amend the CCME of the Collier County GMP and to transmit the adopted
Ordinance to the Department of Economic Opportunity. The CCPC recommended a minor text
revision to Policy 14.1.1 by removing reference to specific climate data sources.
STAFF RECOMMENDATION: That the Board Adopt the Ordinance to amend the CCME of
the Collier County GMP and to direct staff to transmit the Adopted Ordinance to the
Department of Economic Opportunity.
Prepared by: Rachel Hansen, Senior Planner, Zoning Services
ATTACHMENT(S)
1. Staff Report CCPC 3-17-22 GMPA (PDF)
2. House Bill 1094 GMP Amends (PDF)
3.Ordinance - CCME Exhibit A (PDF)
4. CCME Exhibit A - changes from transmittal (PDF)
5. legal ad - agenda ID 21836 (PDF)
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17.A
05/10/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doe ID: 21836
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
proposing Evaluation and Appraisal Review (EAR) based amendments to Ordinance 89-05, as amended,
the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida,
specifically amending the Conservation and Coastal Management Element to address sea level rise, and
update nomenclature, and furthermore, directing transmittal of the adopted amendment to the Florida
Department of Economic Opportunity; providing for severability; and providing for an effective date.
[PL20210001271 ].
Meeting Date: 05/10/2022
Prepared by:
Title: — Zoning
Name: Rachel Hansen
04/05/2022 2:50 PM
Submitted by:
Title: — Zoning
Name: Mike Bosi
04/05/2022 2:50 PM
Approved By:
Review:
Growth Management Department
Zoning
Zoning
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Diane Lynch
Growth Management Department
Mike Bosi
Zoning Director Review
James Sabo
Additional Reviewer
James C French
Growth Management
Trinity Scott
Transportation
Heidi Ashton-Cicko Level 2 Attorney of Record Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
04/12/2022 12:21 PM
Completed
04/13/2022 3:06 PM
Completed
04/13/2022 4:17 PM
Completed
04/13/2022 4:59 PM
Skipped
04/18/2022 1:02 PM
Completed
04/22/2022 10:37 AM
Completed
04/22/2022 10:42 AM
Completed
04/27/2022 11:23 AM
Completed
04/29/2022 8:49 AM
Completed
05/02/2022 9:27 AM
05/10/2022 9:00 AM
Packet Pg. 1042
17.A.a
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Co er County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: March 17, 2022
RE: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR) BASED AMENDMENTS TO N
ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN m
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING Q
THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO ADDRESS SEA LEVEL RISE, w
AND UPDATE NOMENCLATURE, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE
PROPOSED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. r
[PL20210001271 ] [ADOPTION HEARING] c
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INTRODUCTION a
The purpose of this proposed Growth Management Plan Element is to implement the legislative
intent expressed in Senate Bill No. 1094 related to the peril of flooding. The Bill amends s. 163.3178 °r°
and specifies requirements for the Conservation and Coastal Management Element for a local
comprehensive plan.
BACKGROUND
In 2015, the Legislature approved House Bill 1094 to amend the Community Planning Act, FL Statute
163.3178 requiring Collier County to amend its Conservation and Coastal Management Element
(CCME) language to "Include development and redevelopment principles, strategies, and engineering
solutions that reduce the flood risk in coastal areas which result from high -tide events, storm surge,
flash floods, stormwater runoff, and the related impacts of sea -level rise." The bill requires additional
language related to the use of "best practices" for development and redevelopment in flood zone
areas to reduce losses due to flooding. The specific changes are enumerated in House Bill 1094 and
a copy is included as Attachment B. During the 2020 legislative session, the State required local
governments to comply with the requirements of s. 163.3178 F.S. for Coastal Management.
At their August 19, 2021 hearing, the Collier County Planning Commission recommended unanimously
for the Board of County Commissioners to transmit to the Department of Economic Opportunity (DEO)
the proposed CCME amendment. The Board unanimously approved transmittal of the proposed
amendment at their September 14, 2021 meeting. On November 29, 2021, staff received
recommended revisions from the DEO, who determined that the proposed amendment did not
sufficiently establish meaningful and predictable guidelines and standards for addressing sea level rise.
Staff has therefore revised the proposed CCME amendment to address recommended revisions.
—1—
Proposed Amendments -Conservation and Coastal Management Element
Packet Pg. 1043
17.A.a
REQUESTED ACTION
The DEO provided an Evaluation and Appraisal Notification to the Growth Management Department
related to compliance with the 2015 legislative changes for sea level rise. As a result, Collier County
must adopt the proposed amendments to the Conservation and Coastal Management Element by
December 14, 2021 as required by the DEO.
Exhibit A details the proposed amendments to the CCME. It is included as Attachment A. The
amendments include:
Objective 11, which is development of an adaptation action area...
Goal Area 14, is added, which is the reduction of flood risks from high tide events...
Goal 14, is added to the element, which is to foster resiliency by coordinating with local, state, and
federal partners...
Objective 10.3, acknowledges defense against coastal flooding as a natural function of undeveloped
coastal barriers...
Policy 10.3.6, there is a correction to the text from Setback Line to Control Line... w
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Policy 10.4.7, there is a correction to the text from Setback Line to Control Line. Also, there is a change o
to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012... o
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Policy 10.4.8, there is a correction to the text from Setback Line to Control Line... J
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Policy 10.4.13, strike the word `potential'...
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Policy 10.5.4, there is a correction to the text from Setback Line to Control Line... M
Policy 10.5.9, there is a correction to the text from Setback Line to Control Line, Also, there is a change
to add the provisions of the Dennis L. Jones Beach and Shore Preservation Act of 2012...
Policy 10.5.11, there is a correction to the text from Setback Line to Control Line...
Objective 12.2, adds `sea level rise'...
Objective 14.1, sets a five year cycle, beginning in 2022, to address issues related to sea -level rise,
including development and redevelopment strategies to reduce the risk of flooding. It will encourage
the use of best practices development principles to remove property from flood zone designations and
reduce losses due to flooding...
Policy 14.1.1, states that the County shall continue to monitor all credible climate change and sea -level
rise data, including but not limited to data from the National Oceanic and Atmospheric Administration
(NOAA) and the Adaptation of Coastal Urban and Natural Ecosystems (ACUNE) project...
Policy 14.1.2, states that the County shall evaluate and update the public infrastructure and resources
protection standards of the Land Development Code and the GMP as necessary...
Policy 14.1.3, states the County shall continue to support Florida Statutes for Beach and Shore
Preservation...
—2—
Proposed Amendments -Conservation and Coastal Management Element
Packet Pg. 1044
17.A.a
Policy 14.1.4, states the County shall consider the possible impacts from climate change...
Policy 14.1.5, references the development of an adaptation action area for low lying zones
experiencing coastal flooding...
Policy 14.1.6, states the County shall coordinate with local municipalities regarding sea level rise
adaptation and mitigation.
LEGAL CONSIDERATIONS:
The County Attorney's office reviewed the staff report on February 17, 2022.
STAFF RECOMMENDATION
That the Collier County Planning Commission, acting as the Land Planning Agency, forward the
proposed Conservation and Coastal Management Element of the Growth Management Plan to the
Board of County Commissioners with a recommendation to adopt and transmit to the Florida
Department of Economic Opportunity.
—3—
Proposed Amendments -Conservation and Coastal Management Element
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17.A. b
CHAPTER 2015-69
Committee Substitute for Committee Substitute for
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Committee Substitute for Senate Bill No. 1094
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An act relating to the peril of flood; amending s. 163.3178, F.S.; specifying
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requirements for the coastal management element required for a local
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government comprehensive plan; creating s. 472.0366, F.S.; defining
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terms; requiring a surveyor and mapper to submit a copy of each elevation
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certificate that he or she completes to the Division of Emergency
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Management within a specified period beginning on a specified date;
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authorizing the redaction of certain personal information from the copy;
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amending s. 627.715, F.S.; authorizing flexible flood insurance; specifying
coverage requirements; deleting a provision that prohibits supplemental
flood insurance from including excess coverage over any other insurance
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covering the peril of flood; revising the information that must be
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prominently noted on a certain page of a flood insurance policy; requiring
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the Office of Insurance Regulation to require an insurer to provide an
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appropriate credit or refund to affected insureds if the office determines
that a rate of the insurer is excessive or unfairly discriminatory; revising
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the notice that must be provided to and acknowledged by an applicant for
flood coverage from an authorized or surplus lines insurer if the applicant's
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property is receiving flood insurance under the National Flood Insurance
Program; allowing an authorized insurer to request a certification from the
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office which indicates that a policy, contract, or endorsement issued by the
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insurer provides coverage for the peril of flood which equals or exceeds the
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flood coverage offered by the National Flood Insurance Program; specify-
ing requirements for such certification; authorizing such insurer or its
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agent to reference or include the certification in specified advertising,
communications, and documentation; providing that misrepresenting that
a flood policy, contract, or endorsement is certified is an unfair or deceptive
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act; 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. Paragraph (f) of subsection (2) of section 163.3178, Florida
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Statutes, is amended to read:
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163.3178 Coastal management.-
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(2) Each coastal management element required by s. 163.3177(6)(g) shall
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be based on studies, surveys, and data; be consistent with coastal resource
plans prepared and adopted pursuant to general or special law; and contain:
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(f) A redevelopment component that which outlines the principles that
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must which sal be used to eliminate inappropriate and unsafe development
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in the coastal areas when opportunities arise. The component must:
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Ch. 2015-69 LAWS OF FLORIDA Ch. 201 17.A.b
1. Include development and redevelopment principles, strategies, and
engineering solutions that reduce the flood risk in coastal areas which results
from hi-ah-tide events. storm surL'e. flash floods. stormwater runoff, and the
related impacts of sea -level rise.
2. Encourage the use of best practices development and redevelopment
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principles, strategies, and engineering solutions that will result in the
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removal of coastal real property from flood zone designations established by
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the Federal Emergency M nagement Agency.
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3. Identify site development techniques and best practices that may
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reduce losses due to flooding and claims made under flood insurance policies
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issued in this state.
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4. Be consistent with, or more stringent than, the flood -resistant
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construction requirements in the Florida Building Code and applicable
flood plain management regulations set forth in 44 C.F.R. part 60.
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5. Require that any construction activities seaward of the coastal
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construction control lines established pursuant to s. 161.053 be consistent
with chapter 161.
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6. Encourage local governments to participate in the National Flood
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Insurance Program Community Rating System administered by the Federal
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Emergency M nagement Agency to achieve flood insurance premium
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discounts for their residents.
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Section 2. Section 472.0366, Florida Statutes, is created to read:
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472.0366 Elevation certificates; requirements for surveyors and map-
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pers.—
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(1) As used in this section, the term:
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(a) "Division" means the Division of Emergency Management established
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within the Executive Office of the Governor under s. 14.2016.
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(b) "Elevation certificate" means the certificate used to demonstrate the
elevation of property which has been developed by the Federal Emergency
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Management Agency pursuant to federal floodplain management regulation
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and which is completed by a surveyor and mapper.
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(2) Beginning January 1, 2017, a surveyor and mapper shall, within 30
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days after completion, submit to the division a copy of each elevation
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certificate that he or she completes. The copy must be unaltered, except that
the surveyor and mapper may redact the name of the property owner.
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Section 3. Section 627.715, Florida Statutes, is amended to read:
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627.715 Flood insurance. —An authorized insurer may issue an insur- Q
ance policy, contract, or endorsement providing personal lines residential
CODING: Words stricken are deletions; words underlined are a
Packet Pg. 1047
Ch. 2015-69 LAWS OF FLORIDA Ch. 17.A.b
coverage for the peril of flood on any structure or the contents of personal
property contained therein, subject to this section. This section does not
apply to commercial lines residential or commercial lines nonresidential
coverage for the peril of flood. This section also does not apply to coverage for
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the peril of flood that is excess coverage over any other insurance covering the
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peril of flood. An insurer may issue flood insurance policies, contracts, or
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endorsements on a standard, preferred, customized, or supplemental basis.
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(1)(a)1. Standard flood insurance must cover only losses from the peril of
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flood, as defined in paragraph (b), equivalent to that provided under a
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standard flood insurance policy under the National Flood Insurance
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Program. Standard flood insurance issued under this section must provide
the same coverage, including deductibles and adjustment of losses, as that
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provided under a standard flood insurance policy under the National Flood
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Insurance Program.
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2. Preferred flood insurance must include the same coverage as standard
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flood insurance but:
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a. Include, within the definition of "flood," losses from water intrusion
originating from outside the structure that are not otherwise covered under
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the definition of "flood" provided in paragraph (b).
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b. Include coverage for additional living expenses.
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c. Require that any loss under personal property or contents coverage
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that is repaired or replaced be adjusted only on the basis of replacement costs
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up to the policy limits.
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3. Customized flood insurance must include coverage that is broader
than the coverage provided under standard flood insurance.
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4. Flexible flood insurance must cover losses from the peril of flood, as
defined in paragraph (b), and may also include coverage for losses from water
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intrusion originating from outside the structure which is not otherwise
covered by the definition of flood. Flexible flood insurance must include one
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or more of the following provisions:
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a. An agreement between the insurer and the insured that the flood
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coverage is in a specified amount, such as coverage that is limited to the total
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amount of each outstanding mortgage applicable to the covered property.
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b. A requirement for a deductible in an amount authorized under s.
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627.701, including a deductible in an amount authorized for hurricanes.
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c. A requirement that flood loss to a dwelling be adjusted in accordance
with s. 627.7011(3) or adjusted only on the basis of the actual cash value of
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the property
d. A restriction limiting flood coverage to the Drincipal building defined
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in the Dolic
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Ch. 2015-69 LAWS OF FLORIDA Ch. 201 17.A.b
e. A provision including or excluding coverage for additional living
expenses.
f. A provision excluding coverage for personal property or contents as to
the peril of flood.
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5.4: Supplemental flood insurance may provide coverage designed to
supplement a flood policy obtained from the National Flood Insurance
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Program or from an insurer issuing standard or preferred flood insurance
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pursuant to this section. Supplemental flood insurance may provide, but
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need not be limited to, coverage for jewelry, art, deductibles, and additional
living Supplemental flood insurance does ; „overage for
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expenses. not elude
the flood that is insuranee the
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peril of exeess eeverage ever any other eevering
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peril „flood
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(b) "Flood" means a general and temporary condition of partial or
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complete inundation of two or more acres of normally dry land area or of
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two or more properties, at least one of which is the policyholder's property,
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from:
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1. Overflow of inland or tidal waters;
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2. Unusual and rapid accumulation or runoff of surface waters from any
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source;
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3. Mudflow; or
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4. Collapse or subsidence of land along the shore of a lake or similar body
of water as a result of erosion or undermining caused by waves or currents of
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water exceeding anticipated cyclical levels that result in a flood as defined in
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this paragraph.
(2) Any limitations on Flood coverage deductibles and or policy limits
pursuant to this section, ncludi„g, but not limited to, deductibles, must be
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prominently noted on the policy declarations page or face page.
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(3)(a) An insurer may establish and use flood coverage rates in
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accordance with the rate standards provided in s. 627.062.
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(b) For flood coverage rates filed with the office before October 1, 2019,
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the insurer may also establish and use such rates in accordance with the
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rates, rating schedules, or rating manuals filed by the insurer with the office
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which allow the insurer a reasonable rate of return on flood coverage written
in this state. Flood coverage rates established pursuant to this paragraph are
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not subject to s. 627.062(2)(a) and (f). An insurer shall notify the office of any
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change to such rates within 30 days after the effective date of the change. The
notice must include the name of the insurer and the average statewide
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percentage change in rates. Actuarial data with regard to such rates for flood
coverage must be maintained by the insurer for 2 years after the effective
date of such rate change and is subject to examination by the office. The office
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may require the insurer to incur the costs associated with an examination.
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17.A.b
Ch. 2015-69 LAWS OF FLORIDA Ch.
Upon examination, the office, in accordance with generally accepted and
reasonable actuarial techniques, shall consider the rate factors in s.
627.062(2)(b), (c), and (d), and the standards in s. 627.062(2)(e), to determine
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if the rate is excessive, inadequate, or unfairly discriminatory. If the office
determines that a rate is excessive or unfairly discriminatory, the office shall
require the insurer to provide appropriate credit to affected insureds or an
appropriate refund to affected insureds who no longer receive coverage from
the insurer.
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(4) A surplus lines agent may export a contract or endorsement providing
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flood coverage to an eligible surplus lines insurer without making a diligent
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effort to seek such coverage from three or more authorized insurers under s.
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626.916(1)(a). This subsection expires July 1, 2017.
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(5) In addition to any other applicable requirements, an insurer provid-
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ing flood coverage in this state must:
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(a) Notify the office at least 30 days before writing flood insurance in this
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state; and
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(b) File a plan of operation and financial projections or revisions to such
N
plan, as applicable, with the office.
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(6) Citizens Property Insurance Corporation may not provide insurance
N
for the peril of flood.
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(7) The Florida Hurricane Catastrophe Fund may not provide reim-
bursement for losses proximately caused by the peril of flood, including losses
M
that occur during a covered event as defined in s. 215.555(2)(b).
00
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(8) An agent must, upon receiving obtaining an application for flood
y
coverage from an authorized or surplus lines insurer for a property receiving
flood insurance under the National Flood Insurance Program; must obtain
an acknowledgment signed by the applicant before placing the coverage with
Q
the authorized or surplus lines insurer. The acknowledgment must notify the
applicant that, if the applicant discontinues coverage under the National
Flood Insurance Program which is provided at a subsidized rate the full risk
rate for flood insurance may apply to the property if the applicant such
o
later seeks to reinstate coverage obtained under the National
r
Flood Tnr„r.,,. ee program.
m
(9) With respect to the regulation of flood coverage written in this state by
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authorized insurers, this section supersedes any other provision in the
=
Florida Insurance Code in the event of a conflict.
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(10) If federal law or rule requires a certification by a state insurance
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regulatory official as a condition of qualifying for private flood insurance or
disaster assistance, the Commissioner of Insurance Regulation may provide
the certification, and such certification is not subject to review under chapter
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120.
5
CODING: Words stricken are deletions; words underlined ar
Packet Pg. 10570
Ch. 2015-69 LAWS OF FLORIDA Ch. 201 17.A.b
(11)(a) An authorized insurer offering flood insurance may request the
office to certify that a policy, contract, or endorsement provides coverage for
the peril of flood which equals or exceeds the flood coverage offered by the
National Flood Insurance Program. To be eligible for certification, such
policy, contract, or endorsement must contain a provision stating that it
meets the private flood insurance requirements specified in 42 U.S.C. s.
4012a(b) and may not contain any provision that is not in compliance with 42
U.S.C. s. 4012a(b).
(b) The authorized insurer or its agent may reference or include a
certification under paragraph (a) in advertising or communications with an
agent, a lending institution, an insured, or a potential insured only for a
policy, contract, or endorsement that is certified under this subsection. The
authorized insurer may include a statement that notifies an insured of the
certification on the declarations page or other policy documentation related
to flood coverage certified under this subsection.
(c) An insurer or agent who knowingly misrepresents that a flood policy,
contract, or endorsement is certified under this subsection commits an unfair
or deceptive act under s. 626.9541.
Section 4. This act shall take effect July 1, 2015.
Approved by the Governor May 21, 2015.
Filed in Office Secretary of State May 21, 2015.
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Packet Pg. 1051
17.A.c
ORDINANCE NO.2022-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR)
BASED AMENDMENTS TO ORDINANCE 89-05, AS AMENDED,
THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY
FLORIDA, SPECIFICALLY AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT TO ADDRESS SEA
LEVEL RISE, AND UPDATE NOMENCLATURE; AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20210001271]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seg., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared amendments to the Collier County Growth Management
Plan relating to the Conservation and Coastal Management Element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on September 27, 2021, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
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CCME-sea level rise / PL20210001271 1 of 3
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17.A.c
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on March 17, 2022, and the Collier
County Board of County Commissioners held on ; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO CREATE THE PRIVATE
PROPERTY RIGHTS ELEMENT
The amendment to the Collier County Growth Management Plan, attached hereto as
Exhibit "A" and incorporated herein by reference, is hereby adopted in accordance with Section
163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic
Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
[2 1 -CMP-0 1098/1711587/ 11128
CCME-sea level rise / PL20210001271 2 of 3
4/7/22
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Packet Pg. 1053
17.A.c
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of , 2022.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
i.
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A — Text amendments
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
William L. McDaniel, Jr., Chairman
[2 1 -CMP-0 1098/1711587/ 11128
CCME-sea level rise / PL20210001271 3 of 3
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Packet Pg. 1054
Exhibit A
PL20210001271
17.A.c
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(CCME)
[page 1 ]
I. INTRODUCTION
*** *** *** *** *** text break **,k *** *** *** ***
In addition to the Conservation Element, Subsection 163.3177(6)(g), Florida Statutes, also
requires certain designated local governments (including Collier County) to have an element of
the local comprehensive plan dealing with coastal management. This Coastal Management
Element must "set forth the policies that shall guide the local government's decisions and program
implementation with respect to the following objectives:"
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
5. Ecological planning principles and assumptiions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high -hazard coastal areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological resources.
11. Development of an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation
action area may consider policies within the coastal management element to improve
resilience to coastal flooding resulting from high -tide events storm surge flash floods,
stormwater runoff, and related impacts of sea -level rise.
[page 2]
Page 1
Words underlined are added; words-t+*Nk through are deleted.
41712022
Packet Pg. 1055
Exhibit A PL20210001271
17.A.c I
The statute further relates the functions of the Conservation and Coastal Elements so that, in
effect, local governments in designated coastal areas, such as Collier County, are required to
prepare a Conservation and Coastal Management Element, which fulfills the requirements for
both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is
divided into thirteen 43) (14) separate goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and Hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering;
13. Avoiding duplication of regulations; and
14. Reduction of flood risks that result from high tide events storm surge, flash floods,
stormwater runoff, and the related impacts of sea level rise.
*** *** *** *** *** text break ***** *** *** ***
OBJECTIVE 10.3: [page 45]
Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance their natural
function as a defense against coastal flooding.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.3.6: [page 45]
Prohibit construction of structures seaward of the Coastal Construction SetbaGk Control Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
Page 2
Words underlined are added; words-sty-t#rough are deleted.
41712022
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Packet Pg. 1056
Exhibit A
17.A.c
PL20210001271
property. In the latter event, require construction that minimizes interference with natural function
of such coastal barrier system.
text break *** *** *** *** ***
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Policy 10.4.7: [page 47]
Collier County shall prohibit construction seaward of the Coastal Construction Setba61E Control
Line except where such construction would be permitted pursuant to the provisions of the Florida E
Q
Coastal Zone Protection Act of 1985; and the Dennis L. Jones Beach and Shore Preservation Act M
of 2012 (Florida Statutes Chapter 161, Parts I and II), and where such prohibition would result in
no reasonable economic utilization of the property in question, or for safety reasons. In such w
cases, construction will be as far landward as is practicable and effects on the beach and dune
system and the natural functions of the coastal barrier system shall be minimized.
Policy 10.4.8: [page 47] m
Collier County shall allow construction seaward of the Coastal Construction Setbael4 Control Line a
w
for public access and protection and activities related to restoration of beach resources. Such
construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune c
stabilization, will maintain the natural beach profile, will minimize interference with natural beach c
dynamics, and, where appropriate, will restore the historical dunes with native vegetation. c
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text break
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Policy 10.4.13: [page 48] Q
Development and redevelopment proposals shall consider the implications of petent+a4 rise in sea :2
s
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level. w
text break *** *** *** *** ***
Policy 10.5.4: [page 481
The County shall not allow construction of any structure seaward of the Coastal Construction
Setbaek Control Line. Exceptions may be allowed for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
property. In the latter event, construction shall minimize interference with natural functions of
such beaches and dunes.
*** *** *** *** *** text break *** *** *** *** ***
Page 3
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4/7/2022
Packet Pg. 1057
Exhibit A PL20210001271
17.A.c
Policy 10.5.9: [page 50]
The County shall prohibit construction seaward of the Coastal Construction SetbaGk Control Line
except as follows:
a. For public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in The
1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except
in cases of public safety -..Land
d. As otherwise allowed by the Dennis L. Jones Beach and Shore Preservation Act of 2012
(Florida Statutes Chapter 161 Parts I and II).
*** *** *** *** *** text break *** *** *** ** ***
Policy 10.5.11: [page 50]
The County will waive all other non -safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction Setba614 Control
Line.
*** *** *** *** text break
OBJECTIVE 12.2: [page 54]
Ensure that publicly funded buildings and publicly funded development activities are carried out
in a manner that demonstrates best practice to minimize the loss of life, property, and re -building
cost from the affects from hurricanes, flooding, sea level rise, natural and technological disaster
events. Best practice efforts include, but are not limited to:
a. Construction above the flood plain;
b. maintaining a protective zone for wildfire mitigation;
c. installation of on -site permanent generators or temporary generator emergency
connection points;
d. beach and dune restoration, re -nourishment, or emergency protective actions to minimize
the loss of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea
walls, etc.
text break ** W** *** *** ***
Page 4
Words underlined are added; words atFYGk-through are deleted.
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Exhibit A
17.A.c
PL20210001271
[page ??]
GOAL 14:
TO FOSTER RESILIENCY BY COORDINATING WITH OUR MUNICIPALITIES, STATE AND
FEDERAL PARTNERS, AND OTHER EXPERTS TO EXCHANGE DATA AND DEVELOP
COORDINATED STRATEGIES TO ADDRESS THE IMPACTS OF SEA -LEVEL RISE.
OBJECTIVE 14.1:
Beginning in 2022 and every five years thereafter, the County shall adopt implement, and pursue
strategies that foster resiliency in accordance with Section 163.3178 FS which requires the
County to have specific requirements related to sea level rise including a redevelopment
component that outlines the principles that must be used to eliminate inappropriate and unsafe
development in the coastal areas when opportunities arise, and:
1. Includes development and redevelopment principles strategies and engineering solutions
that reduce the flood risk in coastal areas which � results from high -tide events, storm surge,
flash floods stormwater runoff, and the related impacts of sea -level rise.
2. Encourages the use of best practice development and redevelopment principles,
strategies and engineering solutions that result in the removal of coastal real estate
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identifies site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies.
4. Are consistent with the flood -resistant construction requirements in the Florida Building
Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
5. Requires that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with Chapter 161.
6. Encourages local governments to participate in the National Flood Insurance Program
Community Rating System administered by thE� Federal Emergency Management Agency
to achieve flood insurance premium discounts for residents.
Policy 14.1.1:
The County shall review and monitor the best available climate and local sea level data. The
County shall consider potential effects of climate change and local sea level rise on the need to
reduce flood risks that result from high tide events, storm surge flash floods, stormwater runoff,
and the related impacts of sea level rise in evaluating public infrastructure and natural resource
decisions.
Policy 14.1.2:
The County shall evaluate and update the public infrastructure and resource protection standards
of the Land Development Code and this Plan as necessary.
Page 5
Words underlined are added; wordsStFUsk-threug# are deleted.
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Packet Pg. 1059
Exhibit A PL20210001271
17.A.c
Policy 14.1.3:
The County shall continue to support Chapter 1 E31 Florida Statutes, Beach and Shore
Preservation which sets forth guidelines for the regulation of beach construction and
reconstruction beach and shore preservation, coastal zone protection and coastal resources.
Policy 14.1A
The County shall consider the potential impacts from climate change including rising sea levels
and shoreline stabilization needs, in its planning for ini-rastructure and public facilities.
Policy 14.1.5:
The County shall develop an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation action
area may consider policies within the coastal management element to improve resilience to
coastal flooding resulting from high -tide events, storm surge flash floods stormwater runoff, and
related impacts of sea -level rise. Criteria for the adaptation action area may include, but need not
be limited to areas for which the land elevations are below, at or near mean higher high water,
which have a hydrologic connection to coastal waters or which are designated as evacuation
zones for storm surge.
Policy 14.1.6:
The County shall coordinate with local municipalities regarding sea level rise adaptation and
mitigation measures.
Page 6
Words underlined are added; wordsStFUGk through are deleted.
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Packet Pg. 1060
Exhibit A
PL20210001271
17.A.d
CHANGES FROM TRANSMITTAL
EXHIBIT A
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
(CCME)
[page 1 ]
I. INTRODUCTION
*** *** *** *** *** text break **,k *** *** *** ***
In addition to the Conservation Element, Subsection 163.3177(6)(g), Florida Statutes, also
requires certain designated local governments (including Collier County) to have an element of
the local comprehensive plan dealing with coastal management. This Coastal Management
Element must "set forth the policies that shall guide the local government's decisions and program
implementation with respect to the following objectives:"
1. Maintenance, restoration, and enhancement of the overall quality of the coastal zone
environment, including, but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine life.
3. The orderly and balanced utilization and preservation, consistent with sound conservation
principles, of all living and nonliving coastal zone resources.
4. Avoidance of irreversible and irretrievable loss of coastal zone resources.
5. Ecological planning principles and assumptiions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development in high -hazard coastal areas.
8. Protection of human life against the effects of natural disasters.
9. The orderly development, maintenance, and use of ports identified in s. 403.021(9) to
facilitate deepwater commercial navigation and other related activities.
10. Preservation, including sensitive adaptive use of historic and archaeological resources.
11. Development of an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation
action area may consider policies within the coastal management element to improve
resilience to coastal flooding resulting from high -tide events storm surge flash floods,
stormwater runoff, and related impacts of sea -level rise.
[page 2]
Page 1
Words underlined are added; words-t+*Nk through are deleted.
41712022
I-
Packet Pg. 1061
Exhibit A PL20210001271
17.A.d I
The statute further relates the functions of the Conservation and Coastal Elements so that, in
effect, local governments in designated coastal areas, such as Collier County, are required to
prepare a Conservation and Coastal Management Element, which fulfills the requirements for
both Elements. Accordingly, Collier County's Conservation and Coastal Management Element is
divided into thirteen 43) (14) separate goal areas. These may be summarized as follows:
1. Protection of natural resources;
2. Protection of surface and estuarine water resources;
3. Protection of groundwater resources;
4. Protection of freshwater resources;
5. Protection of mineral and soil resources;
6. Protection of native vegetation and wildlife habitat;
7. Protection of fisheries and wildlife;
8. Maintenance of existing air quality;
9. Management of hazardous materials and Hazardous wastes;
10. Protection of coastal resources;
11. Protection of historic resources;
12. Hurricane evacuation and sheltering;
13. Avoiding duplication of regulations; and
14. Reduction of flood risks that result from high tide events storm surge, flash floods,
stormwater runoff, and the related impacts of sea level rise.
*** *** *** *** *** text break ***** *** *** ***
OBJECTIVE 10.3: [page 45]
Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance their natural
function as a defense against coastal flooding.
*** *** *** *** *** text break *** *** *** *** ***
Policy 10.3.6: [page 45]
Prohibit construction of structures seaward of the Coastal Construction SetbaGk Control Line on
undeveloped coastal barriers. Exception shall be for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
Page 2
Words underlined are added; words-sty-t#rough are deleted.
41712022
Packet Pg. 1062
Exhibit A PL20210001271
17.A.d I
property. In the latter event, require construction that minimizes interference with natural function
of such coastal barrier system.
text break *** *** *** *** ***
Policy 10.4.7: [page 47]
Collier County shall prohibit construction seaward of the Coastal Construction Setba61E Control
Line except where such construction would be permitted pursuant to the provisions of the Florida
Coastal Zone Protection Act of 1985; and the Dennis L. Jones Beach and Shore Preservation Act
of 2012 (Florida Statutes Chapter 161, Parts I and II), and where such prohibition would result in
no reasonable economic utilization of the property in question, or for safety reasons. In such
cases, construction will be as far landward as is practicable and effects on the beach and dune
system and the natural functions of the coastal barrier system shall be minimized.
Policy 10.4.8: [page 47]
Collier County shall allow construction seaward of the Coastal Construction Setbael4 Control Line
for public access and protection and activities related to restoration of beach resources. Such
construction shall not interfere with sea turtle nesting, will utilize native vegetation for dune
stabilization, will maintain the natural beach profile, will minimize interference with natural beach
dynamics, and, where appropriate, will restore the historical dunes with native vegetation.
text break *** *** *** *** ***
Policy 10.4.13: [page 48]
Development and redevelopment proposals shall consider the implications of petentia4 rise in sea
level.
text break *** *** *** *** ***
Policy 10.5.4: [page 481
The County shall not allow construction of any structure seaward of the Coastal Construction
Setbaek Control Line. Exceptions may be allowed for passive recreational structures, access
crossovers, and where enforcement would not allow any reasonable economic utilization of such
property. In the latter event, construction shall minimize interference with natural functions of
such beaches and dunes.
*** *** *** *** *** text break *** *** *** *** ***
Page 3
Words underlined are added; words StFUGk-through are deleted.
4/7/2022
Packet Pg. 1063
Exhibit A PL20210001271
17.A.d
Policy 10.5.9: [page 50]
The County shall prohibit construction seaward of the Coastal Construction SetbaGk Control Line
except as follows:
a. For public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in The
1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except
in cases of public safety -..Land
d. As otherwise allowed by the Dennis L. Jones Beach and Shore Preservation Act of 2012
(Florida Statutes Chapter 161 Parts I and II).
*** *** *** *** *** text break *** *** *** ** ***
Policy 10.5.11: [page 50]
The County will waive all other non -safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction Setba614 Control
Line.
*** *** *** *** text break
OBJECTIVE 12.2:
[page 54]
Ensure that publicly funded buildings and publicly funded development activities are carried out
in a manner that demonstrates best practice to minimize the loss of life, property, and re -building
cost from the affects from hurricanes, flooding, sea level rise, natural and technological disaster
events. Best practice efforts include, but are not limited to:
a. Construction above the flood plain;
b. maintaining a protective zone for wildfire mitigation;
c. installation of on -site permanent generators or temporary generator emergency
connection points;
d. beach and dune restoration, re -nourishment, or emergency protective actions to minimize
the loss of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea
walls, etc.
text break ** W** *** *** ***
Page 4
Words underlined are added; words stFYGk-through are deleted.
4/7/2022
Packet Pg. 1064
Exhibit A
17.A.d
PL20210001271
[page ??]
GOAL 14:
TO FOSTER RESILIENCY BY COORDINATING WITH OUR MUNICIPALITIES, STATE AND
FEDERAL PARTNERS, AND OTHER EXPERTS TO EXCHANGE DATA AND DEVELOP
COORDINATED STRATEGIES TO ADDRESS THE IMPACTS OF SEA -LEVEL RISE.
OBJECTIVE 14.1:
Beginning in 2022 and every five years thereafter, the County shall adopt, im
strateaies that foster resiliency in accordance with Section 163.3178 FS
County to have specific requirements related to sea level rise including a redevelopment
component that outlines the principles that must be used to eliminate inappropriate and unsafe
development in the coastal areas when opportunities arise, and:
1. Includes development and redevelopment principles strategies and engineering solutions
that reduce the flood risk in coastal areas which � results from high -tide events, storm surge,
flash floods stormwater runoff, and the related impacts of sea -level rise.
2. Encourages the use of best practice development and redevelopment principles,
strategies and engineering solutions that result in the removal of coastal real estate
property from flood zone designations established by the Federal Emergency
Management Agency.
3. Identifies site development techniques and best practices that may reduce losses due to
flooding and claims made under flood insurance policies.
4. Are consistent with the flood -resistant construction requirements in the Florida Building
Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60.
5. Requires that any construction activities seaward of the coastal construction control lines
established pursuant to s. 161.053 be consistent with Chapter 161.
6. Encourages local governments to participate in the National Flood Insurance Program
Community Rating System administered by thE� Federal Emergency Management Agency
to achieve flood insurance premium discounts for residents.
Policy 14.1.1:
The County shall review and monitor the best available climate and local sea level data. The
County shall consider potential effects of climate change and local sea level rise on the need to
reduce flood risks that result from high tide events, storm surge flash floods, stormwater runoff,
and the related impacts of sea level rise in evaluating public infrastructure and natural resource
decisions.
Policy 14.1.2:
The County shall evaluate and update the public infrastructure and resource protection standards
of the Land Development Code and this Plan as necessary.
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17.A.d
Exhibit A PL20210001271
Policy 14.1.3:
The County shall continue to support Chapter 1 E31 Florida Statutes, Beach and Shore
Preservation which sets forth guidelines for the regulation of beach construction and
reconstruction beach and shore preservation, coastal zone protection and coastal resources.
Policy 14.1A
The County shall consider the potential impacts from climate change including rising sea levels
and shoreline stabilization needs, in its planning for ini-rastructure and public facilities.
Policy 14.1.5:
The County shall develop an adaptation action area designation for those low-lying coastal zones
that are experiencing coastal flooding due to extreme high tides and storm surge and are
vulnerable to the impacts of rising sea level. Local governments that adopt an adaptation action
area may consider policies within the coastal management element to improve resilience to
coastal flooding resulting from high -tide events, storm surge flash floods stormwater runoff, and
related impacts of sea -level rise. Criteria for the adaptation action area may include, but need not
be limited to areas for which the land elevations are below, at or near mean higher high water,
which have a hydrologic connection to coastal waters or which are designated as evacuation
zones for storm surge.
Policy 14.1.6:
The County shall coordinate with local municipalities regarding sea level rise adaptation and
mitigation measures.
Page 6
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21<63(o
17.A.e
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN
ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) on May 10, 2022, in the Board of County Commissioners Meeting Room, Third
Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, PROPOSING EVALUATION AND APPRAISAL REVIEW (EAR) BASED AMENDMENTS TO
ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN OF
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE
CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO ADDRESS SEA LEVEL RISE, AND
UPDATE NOMENCLATURE; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED
AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. [PL202100012711
MN uNE Collier County.
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A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.
All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior
to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of any individual to speak on Behalf of'an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item. -
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become
a permanent part of the record.'
As part of an ongoing initiative to encourage pubiiq involvement, tt*public will have the opportunity to
provide public comments remotely, as well as in person, during "s'proceeding, individuals who would
like to participate remotely should register through the link provided within the specific event/meeting
entry on the Calendar of Events on the County website at www.collierrpuntyfl.gov/our-county/visitors/
calendar -of -events after the agenda is posted on the County website. Registration„should be done in
advance of the public meeting, or any deadline specified within the public meeting,notice. Individuals
who register will receive an email in advance of the public hearing detailing,how they can participate
remotely in this meeting. Remote participation is provided as a courtesy and is at the. user's risk. The
County is not responsible for technical issues. For additional information, about the meeting, please call
Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov
Any person who decides to appeal any decision of the Oft1rd will need a record"of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and. evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at3335 Tamiami Trait East, Suite 101, Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, JR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
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