Senate Bill sb1064c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1064

    By the Committee on Natural Resources; and Senator Brown-Waite





    312-2133-02

  1                      A bill to be entitled

  2         An act relating to the Florida Coastal

  3         Management Program; amending ss. 308.205,

  4         380.24, 380.285, F.S.; transferring all powers

  5         and duties, and functions of the Florida

  6         Coastal Management Program from the Department

  7         of Community Affairs to the Department of

  8         Environmental Protection; conforming provisions

  9         to changes made by the act; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (1) of section 380.205, Florida

15  Statutes, is amended to read:

16         380.205  Definitions.--As used in ss. 380.21-380.24:

17         (1)  "Department" means the Department of Environmental

18  Protection Community Affairs.

19         Section 2.  Section 380.24, Florida Statutes, is

20  amended to read:

21         380.24  Local government participation.--Units of local

22  government abutting the Gulf of Mexico or the Atlantic Ocean,

23  or which include or are contiguous to waters of the state

24  where marine species of vegetation listed by rule as ratified

25  in s. 373.4211 constitute the dominant plant community, shall

26  develop a coastal zone protection element pursuant to s.

27  163.3177. Such units of local government shall be eligible to

28  receive technical assistance from the state in preparing

29  coastal zone protection elements and shall be the only units

30  of local government eligible to apply to the department for

31  available financial assistance. Local government participation

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    Florida Senate - 2002                           CS for SB 1064
    312-2133-02




  1  in the coastal management program authorized by this act shall

  2  be voluntary.  All permitting and enforcement of

  3  dredged-material management and other related activities

  4  subject to permit under the provisions of chapters 161 and 253

  5  and part IV of chapter 373 for deepwater ports identified in

  6  s. 403.021(9)(b) shall be done through the department of

  7  Environmental Protection consistent with the provisions of s.

  8  403.021(9).

  9         Section 3.  Section 380.285, Florida Statutes, is

10  amended to read:

11         380.285  Lighthouses; study; preservation; funding.--

12         (1)  The Coastal Management Program of the Department

13  of Environmental Protection Community Affairs and the Division

14  of Historical Resources of the Department of State shall

15  undertake a study of the lighthouses in the state. The study

16  must determine the location, ownership, condition, and

17  historical significance of all lighthouses in the state and

18  ensure that all historically significant lighthouses are

19  nominated for inclusion on the National Register of Historic

20  Places. The study must assess the condition and restoration

21  needs of historic lighthouses and develop plans for

22  appropriate future public access and use. The Coastal

23  Management Program and the Division of Historical Resources

24  shall take a leadership role in implementing plans to

25  stabilize lighthouses and associated structures and to

26  preserve and protect them from future deterioration. When

27  possible, the lighthouses and associated buildings should be

28  made available to the public for educational and recreational

29  purposes. The Department of Environmental Protection Community

30  Affairs should consider these responsibilities to be a

31  priority of the Florida Coastal Management Program, and

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    Florida Senate - 2002                           CS for SB 1064
    312-2133-02




  1  implementation of this act should be a priority in the use of

  2  coastal management funds.

  3         (2)  The Department of Environmental Protection

  4  Community Affairs and the Department of State shall request in

  5  their annual legislative budget requests funding necessary to

  6  carry out the duties and responsibilities specified in this

  7  act. Funds for the rehabilitation of lighthouses should be

  8  allocated through matching grants-in-aid to state and local

  9  government agencies and to nonprofit organizations. The

10  Department of Environmental Protection Community Affairs may

11  assist the Division of Historical Resources in projects to

12  accomplish lighthouse identification, assessment, restoration,

13  and interpretation.

14         Section 4.  All powers, duties, functions, rules,

15  records, personnel, property, and unexpended balances of

16  appropriations, allocations, or other funds of the Florida

17  Coastal Management Program as provided for in sections 380.20

18  through 380.285, Florida Statutes, currently assigned to and

19  administered by the Department of Community Affairs are

20  transferred by a type two transfer, as defined in section

21  20.06(2), Florida Statutes, to the Department of Environmental

22  Protection.

23         Section 5.  This act shall take effect July 1, 2002.

24

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 1064

27

28  The committee substitute (CS) deletes the original provisions
    of the bill and transfers the Florida Coastal Management
29  Program from the Department of Community Affairs to the
    Department of Environmental Protection by a type two transfer,
30  pursuant to s. 20.06(2), F.S. The CS conforms statutes to the
    transfer, requires the Department of Environmental Protection
31  to coordinate with the Department of State in matters relating
    to lighthouse preservation, and takes effect July 1, 2002.
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