§ 254-62. Definitions.

As used in this article, the following words and terms shall have the following meanings unless some other meaning is plainly intended:

Advisory committee shall mean a committee appointed by resolution of the district board to advise and assist the district board in carrying out the purposes of this article.

Cost, as applied to the acquisition, construction, reconstruction or improvement of erosion prevention facilities, shall include administrative and project personnel, the cost of construction, reconstruction, acquisition or improvement; the cost of all labor, materials, machinery and equipment; the cost of all lands and interest therein, real or personal property, rights, easements and franchises of any nature whatsoever; financing charges; interest; cost of plans and specifications, surveys, estimates of costs and revenues; of engineering, financial and legal services; all other expenses necessary or incidental in determining the feasibility or practicability of such acquisition, construction, reconstruction or improvement; administrative expenses and all other expenses as may be necessary or incidental to accomplishing the purposes of this article, including reimbursement of the county or any other person, firm or corporation for any moneys advanced to said district for any expenses incurred by said district in connection with any of the foregoing items of cost, or the operation of such district. "Cost," as applied to public recreational beaches, shall include the total cost or any portion thereof associated with the operation and maintenance of public recreational beaches by the district board, the county board or any municipality or special district in the county, as determined by resolution of the district board.

County board shall mean the board of county commissioners of Brevard County.

District shall mean the Brevard County Erosion District created by this article.

District board shall mean the board of county commissioners of Brevard County ex officio constituting the governing body of said district as provided in this article.

District clerk shall mean the clerk of the circuit court in and for Brevard County and ex officio clerk of the county board, who shall be clerk and treasurer of the district.

Erosion prevention facilities shall mean and include any seawalls, groins, pumping stations, dredges, artificial beach-feeding mechanisms, breakwaters, dams, bulkheads, fills, floodways or any and all other works, structures, equipment or other facilities of any type whatsoever necessary or useful in the protection of the lands, including beaches, within the district from tidal waves, tidal currents, high waters, floodwaters and other causes of beach and soil erosion, and any other things appurtenant, necessary or incidental thereto, and shall include all real and personal property and any interests therein, rights, easements and franchises of any nature whatsoever relating to any such erosion prevention facilities and necessary or convenient for the construction, acquisition, reconstruction, improvement, operation and maintenance thereof; provided, however, that nothing in this article shall affect title of the state to any lands below the mean high-watermark, and any additions or accretions to the upland caused by said erosion prevention facilities shall remain the property of the state if not previously conveyed.

Notice by mail shall mean mailing by United States mail a notice or resolution of the district board or advisory committee to the persons affected, at their addresses and names as are shown on the Brevard County tax rolls, not less than ten days before any meeting or hearing. Such notice shall be conclusively presumed to be sufficient and lawful in all respects.

Notice by publication shall mean publication of a notice or resolution of the district board or advisory committee in a newspaper of general circulation in the district once per week for two consecutive weeks not less than ten days before any meeting, hearing or other act for which notice to the public or notice to affected persons is required by this article. Such notice shall be conclusively presumed to be sufficient and lawful in all respects.

Oceanfront lands shall mean real property contiguous to or abutting the waters or beaches of the Atlantic Ocean in Brevard County, publicly or privately owned, to a depth and to an extent to be determined by resolution of the district board, upon fair and equitable principles, which is specially benefited by the construction, maintenance or operation of any erosion prevention facility or restoration of eroded beaches.

Operation and maintenance of public recreational beaches shall mean the application of the services, material, equipment and facilities determined necessary by resolution of the district board for the public health, safety and welfare in connection with the public recreational purposes customarily associated with ocean beaches.

Public recreational beaches shall mean uplands or submerged lands accessible to the public fronting on or lying in the Atlantic Ocean in Brevard County, bounded on the east by uplands or submerged lands of the state of Florida and extending westward to the extent determined by resolution of the district board to be necessary for the public recreational purposes customarily associated with ocean beaches.

(Laws of Fla. ch. 70-603, § 4; Laws of Fla. ch. 72-470, § 1)

Cross reference

Definitions generally, § 1-2.