CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1472
Amendment No. ___ Barcode 734126
CHAMBER ACTION
Senate House
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11 Senator Clary moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 22,
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16 insert:
17 Section 1. Section 380.20, Florida Statutes, is
18 amended to read:
19 380.20 Short title.--Sections 380.205-380.27
20 380.205-380.24 may be cited as the "Florida Coastal Management
21 Act."
22 Section 2. Section 380.205, Florida Statutes, is
23 amended to read:
24 380.205 Definitions.--As used in ss. 380.20-380.27 ss.
25 380.21-380.24:
26 (1) "Department" means the Department of Environmental
27 Protection Community Affairs.
28 (2) "Coastal zone" means that area of land and water
29 from the territorial limits seaward to the most inland extent
30 of marine influences. However, for planning and developing
31 coordinated projects and initiatives for coastal resource
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1 protection and management, the department shall consider the
2 coastal zone to be the geographical area encompassed by the 35
3 Florida coastal counties listed in the Final Environmental
4 Impact Statement for the Florida Coastal Management Program
5 and the adjoining territorial sea. It is not the intent of
6 this definition to limit the authority currently exercised
7 under the federal law and the federally approved Florida
8 Coastal Management Program by which projects landward and
9 seaward of the 35 coastal counties are reviewed for
10 consistency with the Florida Coastal Management Program.
11 (3) "Coastal Zone Management Act" means the Coastal
12 Zone Management Act of 1972, as amended (16 U.S.C. ss.
13 1451-1464).
14 Section 3. Subsection (1), (2), and (3) of section
15 380.21, Florida Statutes, are amended to read:
16 380.21 Legislative intent.--
17 (1) The Legislature finds that:
18 (a) The coast is rich in a variety of natural,
19 commercial, recreational, ecological, industrial, and
20 aesthetic resources, including, but not limited to, "energy
21 facilities," as that term is defined in s. 304 s. 304(5) of
22 the federal Coastal Zone Management Act of 1972, of immediate
23 potential value to the present and future well-being of the
24 residents of this state.
25 (b) It is in the state and national interest to
26 protect, maintain, and develop these resources through
27 coordinated management.
28 (c) State land and water management policies should,
29 to the maximum possible extent, be implemented by local
30 governments through existing processes for the guidance of
31 growth and development.
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1 (2) The Legislature therefore grants authorization for
2 the department to maintain and update compile a program based
3 on existing statutes and existing rules and submit
4 applications an application to the appropriate federal agency
5 as a basis for receiving administrative funds under the
6 federal Coastal Zone Management Act of 1972. It is the
7 further intent of the Legislature that enactment of this
8 legislation shall not amend existing statutes or provide
9 additional regulatory authority to any governmental body
10 except as otherwise provided by s. 380.23. The enactment of
11 this legislation shall not in any other way affect any
12 existing statutory or regulatory authority.
13 (3)(a) The Legislature finds that the coastal zone is
14 rich in a variety of natural, commercial, recreational,
15 ecological, industrial, and aesthetic resources of immediate
16 and potential value to the present and future well-being of
17 the residents of this state which will be irretrievably lost
18 or damaged if not properly managed. The participation by
19 residents citizens of the state is will be an important factor
20 in developing, adopting, amending, and implementing a program
21 a plan for management of the coastal zone, and management of
22 the state's coastal zone will require a highly coordinated
23 effort among state, regional, and local officials and
24 agencies.
25 (b) The state coastal zone management program plan
26 shall be a part of the state comprehensive plan. It shall
27 contain each of the program elements a boundary, policies,
28 goals, and programs necessary to comply with the requirements
29 of the federal Coastal Zone Management Act of 1972, as amended
30 (16 U.S.C. ss. 1451-1464), specifically delineating the role
31 of state, regional, and local agencies in implementing the
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1 program plan; and it shall provide that the appeal of any
2 regulatory decision, other than those appeals provided for by
3 existing law, shall be to the Governor and Cabinet.
4 Section 4. Section 380.22, Florida Statutes, is
5 amended to read:
6 380.22 Lead agency authority and duties.--
7 (1) The department shall be the lead agency pursuant
8 to the Coastal Zone Management Act 16 U.S.C. ss. 1451 et seq.,
9 and shall compile and submit to the appropriate federal agency
10 applications an application to receive funds pursuant to s.
11 306 of the federal Coastal Zone Management Act of 1972, as
12 amended (16 U.S.C. ss. 1451-1464). The application for federal
13 approval of the state's program shall include program policies
14 that only reference existing statutes and existing
15 implementing administrative rules. If In the event the
16 application or the program submitted pursuant to this
17 subsection is rejected by the appropriate federal agency
18 because of failure of this act, the existing statutes, or the
19 existing implementing administrative rules to comply with the
20 requirements of the federal Coastal Zone Management Act of
21 1972, as amended, no state coastal management program shall
22 become effective without prior legislative approval. The
23 coastal management application or program may be amended from
24 time to time to include changes in statutes and rules adopted
25 pursuant to statutory authority other than this act.
26 (2) The department shall also have authority to:
27 (a) Establish advisory councils with sufficient
28 geographic balance to ensure statewide representation.
29 (b) Coordinate central files and clearinghouse
30 procedures for coastal resource data information and encourage
31 the use of compatible information and standards.
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1 (c) Provide to the extent practicable financial,
2 technical, research, and legal assistance to effectuate the
3 purposes of this act.
4 (d) Review rules of other affected agencies to
5 determine consistency with the program and to report any
6 inconsistencies to the Legislature.
7 (3) The department shall adopt by rule procedures and
8 criteria for the evaluation of subgrant applications that seek
9 to receive a portion of those funds allotted to the state
10 under the federal Coastal Zone Management Act.
11 (4) The department shall establish a county-based
12 process for identifying, and setting priorities for acquiring,
13 coastal properties in coordination with the Land Acquisition
14 and Restoration Management Advisory Council, or its successor,
15 so these properties may be acquired as part of the state's
16 land acquisition programs. This process shall include the
17 establishment of criteria for prioritizing coastal
18 acquisitions which, in addition to recognizing pristine
19 coastal properties and coastal properties of significant or
20 important environmental sensitivity, recognize hazard
21 mitigation, beach access, beach management, urban recreation,
22 and other policies necessary for effective coastal management.
23 (5) In addition to other criteria established by
24 statute or rule, the following criteria shall be considered
25 when establishing priorities for public acquisition of coastal
26 property:
27 (a) The value of acquiring coastal high-hazard
28 parcels, consistent with hazard mitigation and postdisaster
29 redevelopment policies, in order to minimize the risk to life
30 and property and to reduce the need for future disaster
31 assistance.
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1 (b) The value of acquiring beachfront parcels,
2 irrespective of size, to provide public access and
3 recreational opportunities in highly developed urban areas.
4 (c) The value of acquiring identified parcels the
5 development of which would adversely affect coastal resources.
6 (6) The department, in coordination with the Florida
7 Coastal Management Citizen's Advisory Committee, shall develop
8 and implement a strategy to enhance citizen awareness and
9 involvement in Florida's coastal management programs.
10 Section 5. Section 380.23, Florida Statutes, is
11 amended to read:
12 380.23 Federal consistency.--
13 (1) When a federally licensed or permitted an activity
14 requires a permit or license subject to federal consistency
15 review requires a state license, the issuance or renewal of a
16 state license shall automatically constitute the state's
17 concurrence that the licensed activity or use, as licensed, is
18 consistent with the federally approved program. When a
19 federally licensed or permitted an activity requires a permit
20 or license subject to federal consistency review requires a
21 state license, the denial of a state license shall
22 automatically constitute the state's finding that the proposed
23 activity or use is not consistent with the state's federally
24 approved program, unless the United States Secretary of
25 Commerce determines that such activity or use is in the
26 national interest as provided in the federal Coastal Zone
27 Management Act of 1972.
28 (2)(a) Where federal licenses, permits, activities,
29 and projects listed in subsection (3) are subject to federal
30 consistency review and are seaward of the jurisdiction of the
31 state, or there is no state agency with sole jurisdiction, the
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1 department shall be responsible for the consistency review and
2 determination; however, the department shall not make a
3 determination that the license, permit, activity, or project
4 is consistent if any other state agency with significant
5 analogous responsibility makes a determination of
6 inconsistency. All decisions and determinations under this
7 subsection shall be appealable to the Governor and Cabinet.
8 (b) However, effective October 1, 1992, if a finding
9 or recommendation of inconsistency has been made by a state
10 agency with regard to federal activities and projects listed
11 under paragraphs (3)(a) and (b) and the inconsistency cannot
12 be resolved by the department, the department shall refer such
13 finding or recommendation to the Governor for final
14 determination. The Governor shall review the comments,
15 findings, or recommendations of all participating agencies and
16 shall affirm the finding or recommendation of inconsistency
17 unless the Governor determines that the federal activity or
18 project is consistent with the enforceable social, economic,
19 and environmental policies of the coastal management program.
20 Any permitting, licensing, or proprietary authority of an
21 agency shall not be preempted or otherwise limited by any
22 provision of this paragraph. Consistency determinations made
23 pursuant to this paragraph shall not be appealable to the
24 Governor or Cabinet.
25 (3) Consistency review shall be limited to review of
26 the following activities, uses, and projects to ensure that
27 such activities and uses are conducted in accordance with the
28 state's coastal management program:
29 (a) Federal development projects and activities of
30 federal agencies which significantly affect coastal waters and
31 the adjacent shorelands of the state.
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1 (b) Federal assistance projects which significantly
2 affect coastal waters and the adjacent shorelands of the state
3 and which are reviewed as part of the review process developed
4 pursuant to Presidential Executive Order 12372 OMB Circular
5 A-95.
6 (c) Federally licensed or permitted activities
7 affecting land or water uses when such activities are in or
8 seaward of the jurisdiction of local governments required to
9 develop a coastal zone protection element as provided in s.
10 380.24 and when such activities involve:
11 1. Permits and licenses required under ss. 10 and 11
12 of the Rivers and Harbors Act of 1899, 33. U.S.C. ss. 401 et
13 seq., as amended.
14 2. Permits and licenses required under s. 103 of the
15 Marine Protection, Research and Sanctuaries Act of 1972, 33
16 U.S.C. ss. 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
17 3. Permits and licenses required under ss. 201, 402,
18 403, 404, and 405 of the Federal Water Pollution Control Act
19 of 1972, 33 U.S.C. ss. 1251 et seq., as amended, unless such
20 permitting activities pursuant to such sections have been
21 delegated to the state pursuant to said act.
22 4. Permits required under the Marine Protection,
23 Research and Sanctuaries Act of 1972, as amended, 33 U.S.C.
24 ss. 1401, 1402, 1411-1421, and 1441-1444.
25 5. Permits for the construction of bridges and
26 causeways in navigable waters required pursuant to 33 U.S.C.
27 s. 401, as amended.
28 4.6. Permits and licenses relating to the
29 transportation of hazardous substance materials or
30 transportation and dumping which are issued pursuant to the
31 Hazardous Materials Transportation Act, 49 U.S.C. ss. 1501, et
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1 seq. 1801-1812, as amended, or 33 U.S.C. s. 1321 s. 419, as
2 amended.
3 5.7. Permits and licenses required under 15 43 U.S.C.
4 ss. 717-717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43
5 U.S.C. ss. 1331-1356 s. 717 for construction and operation of
6 interstate gas pipelines and storage facilities.
7 8. Permits required under 15 U.S.C. s. 717, as
8 amended, for construction and operation of facilities needed
9 to import and export natural gas.
10 6.9. Permits and licenses required for the siting and
11 construction of any new electrical power plants as defined in
12 s. 403.503(12), as amended.
13 7.10. Permits and licenses required for drilling and
14 mining on public lands.
15 8.11. Permits and licenses for areas leased under the
16 OCS Lands Act, 43 U.S.C. ss. 1331 et seq., as amended,
17 including leases and approvals under 43 U.S.C. s. 1331, as
18 amended, of exploration, development, and production plans.
19 9.12. Permits for pipeline rights-of-way for oil and
20 gas transmissions.
21 10.13. Permits and licenses required for deepwater
22 ports under 33 U.S.C. s. 1503, as amended.
23 11.14. Permits required for the taking of marine
24 mammals under the Marine Mammal Protection Act of 1972, as
25 amended, 16 U.S.C. s. 1374 s. 104.
26 (d) Federal activities within the territorial limits
27 of neighboring states when the Governor and the department
28 determine that significant individual or cumulative impact to
29 the land or water resources of the state would result from the
30 activities.
31 (4) The department may adopt rules establishing
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1 procedures for conducting consistency reviews of activities,
2 uses, and projects for which consistency review is required
3 pursuant to subsections (1), (2), and (3). Such rules shall
4 include shall by rule adopt procedures for the expeditious
5 handling of emergency repairs to existing facilities for which
6 consistency review is required pursuant to subsections (1),
7 (2), and (3). The department may also adopt rules prescribing
8 the data and information needed for the review of consistency
9 certifications and determinations.
10 (5) In any coastal management program submitted to the
11 appropriate federal agency for its approval pursuant to this
12 act, the department shall specifically waive its right to
13 determine the consistency with the coastal management program
14 of all federally licensed or permitted activities not
15 specifically listed in subsection (3).
16 (6) Agencies authorized to review and comment on the
17 consistency of federal activities subject to state review
18 under the Florida Coastal Management Program are those
19 agencies charged with implementing the statutes and rules
20 included in the federally approved program. Each agency shall
21 be afforded an opportunity to provide the department or the
22 state licensing agency with its comments and determinations
23 regarding the consistency of the federal activity with the
24 statutes and rules included in the federally approved program
25 implemented by the agency. An agency that submits a
26 determination of inconsistency to the department or a state
27 licensing agency shall be an indispensable party to any
28 administrative or judicial proceeding in which such
29 determination is an issue; shall be responsible for defending
30 its determination in such proceedings; and shall be liable for
31 any damages, costs, and attorney's fees awarded in the action
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1 as a consequence of such determination.
2 (7)(6) Agencies shall not review for federal
3 consistency purposes an application for a federally licensed
4 or permitted activity if the activity is vested, exempted, or
5 excepted under its own regulatory authority.
6 (8)(7) The department shall review the items listed in
7 subsection (3) to determine if in certain circumstances such
8 items would constitute minor permit activities. If the
9 department determines that the list contains minor permit
10 activities, it may by rule establish a program of general
11 concurrence pursuant to federal regulation which shall allow
12 similar minor activities, in the same geographic area, to
13 proceed without prior department review for federal
14 consistency.
15 (8) This section shall not apply to the review of
16 federally licensed or permitted activities for which permit
17 applications are filed with the appropriate federal agency
18 prior to approval of the state coastal management program by
19 the appropriate federal agency pursuant to 16 U.S.C. ss. 1451
20 et seq.
21 Section 6. Section 380.285, Florida Statutes, is
22 amended to read:
23 380.285 Lighthouses; study; preservation; funding.--
24 (1) The Coastal Management Program of the Department
25 of Community Affairs and the Division of Historical Resources
26 of the Department of State shall undertake a study of the
27 lighthouses in the state. The study must determine the
28 location, ownership, condition, and historical significance of
29 all lighthouses in the state and ensure that all historically
30 significant lighthouses are nominated for inclusion on the
31 National Register of Historic Places. The study must assess
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1 the condition and restoration needs of historic lighthouses
2 and develop plans for appropriate future public access and
3 use. The Coastal Management Program and the Division of
4 Historical Resources shall take a leadership role in
5 implementing plans to stabilize lighthouses and associated
6 structures and to preserve and protect them from future
7 deterioration. When possible, the lighthouses and associated
8 buildings should be made available to the public for
9 educational and recreational purposes. The Department of
10 Community Affairs should consider these responsibilities to be
11 a priority of the Florida Coastal Management Program, and
12 implementation of this act should be a priority in the use of
13 coastal management funds.
14 (2) The Department of Community Affairs and the
15 Department of State shall request in its their annual
16 legislative budget requests funding necessary to carry out the
17 duties and responsibilities specified in this act. Funds for
18 the rehabilitation of lighthouses should be allocated through
19 matching grants-in-aid to state and local government agencies
20 and to nonprofit organizations. The Department of
21 Environmental Protection Community Affairs may assist the
22 Division of Historical Resources in projects to accomplish the
23 goals and activities described in this section lighthouse
24 identification, assessment, restoration, and interpretation.
25 Section 7. As described in the Governor's budget
26 recommendation for the 2002-2003 fiscal year, all powers,
27 duties, functions, rules, records, personnel, property, and
28 unexpended balances of appropriations, allocations, or other
29 funds of the Florida Coastal Management Program as provided
30 for in sections 380.20-380.285, Florida Statutes, currently
31 assigned to and administered by the Department of Community
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1 Affairs are transferred by a type two transfer, as defined in
2 section 20.06, Florida Statutes, to the Department of
3 Environmental Protection.
4 Section 8. Subsection (40) is added to section
5 403.061, Florida Statutes, to read:
6 403.061 Department; powers and duties.--The department
7 shall have the power and the duty to control and prohibit
8 pollution of air and water in accordance with the law and
9 rules adopted and promulgated by it and, for this purpose, to:
10 (40) Serve as the state's single point of contact for
11 performing the responsibilities described in Presidential
12 Executive Order 12372, including administering and operating
13 the Florida State Clearinghouse. The Florida State
14 Clearinghouse shall coordinate interagency reviews of federal
15 activities and actions subject to the federal consistency
16 requirements of section 307 of the Coastal Zone Management
17 Act; documents prepared pursuant to the National Environmental
18 Policy Act, 42 U.S.C. ss. 4321 et seq., and the Outer
19 Continental Shelf Lands Act, 43 U.S.C. ss. 1331 et seq.;
20 applications for federal funding pursuant to s. 216.212; and
21 other notices and information regarding federal activities in
22 the state, as appropriate. The Florida State Clearinghouse
23 shall ensure that state agency comments and recommendations on
24 the environmental, social, and economic impact of proposed
25 federal actions are communicated to federal agencies,
26 applicants, local governments, and interested parties.
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28 The department shall implement such programs in conjunction
29 with its other powers and duties and shall place special
30 emphasis on reducing and eliminating contamination that
31 presents a threat to humans, animals or plants, or to the
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1 environment.
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3 (Redesignate subsequent sections.)
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 1, lines 2-3, delete those lines
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10 and insert:
11 An act relating to the state's coasts and
12 public beaches; amending s. 380.20, F.S.;
13 revising the Florida Coastal Management Act;
14 amending s. 380.205, F.S.; providing
15 definitions; amending s. 380.21, F.S.;
16 providing legislative intent with respect to
17 coastal management; amending s. 380.22, F.S.;
18 clarifying duties and authority of the lead
19 agency that administers the Coastal Zone
20 Management Act; amending s. 380.23, F.S.;
21 revising procedures for the state licensing or
22 denial of a federally licensed or permitted
23 activity; providing requirements for agency
24 review; amending s. 380.285, F.S.; requiring
25 that the Department of Environmental Protection
26 assist in the preservation of lighthouses;
27 transferring the Florida Coastal Management
28 Program from the Department of Community
29 Affairs to the Department of Environmental
30 Protection; amending s. 403.061, F.S.;
31 authorizing the Department of Environmental
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1 Protection to serve as the single point of
2 contact for administering and operating the
3 Florida State Clearinghouse; creating s.
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