CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Maygarden offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 23,

15  remove:  all of said line

16

17  and insert:

18         Section 1.  Section 380.20, Florida Statutes, is

19  amended to read:

20         380.20  Short title.--Sections 380.205-380.27

21  380.205-380.24 may be cited as the "Florida Coastal Management

22  Act."

23         Section 2.  Section 380.205, Florida Statutes, is

24  amended to read:

25         380.205  Definitions.--As used in ss. 380.205-380.27

26  380.21-380.24:

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

28  Protection Community Affairs.

29         (2)  "Coastal zone" means that area of land and water

30  from the territorial limits seaward to the most inland extent

31  of marine influences. However, for planning and developing

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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1  coordinated projects and initiatives for coastal resource

  2  protection and management, the department shall consider the

  3  coastal zone to be the geographical area encompassed by the 35

  4  Florida coastal counties listed in the Final Environmental

  5  Impact Statement for the Florida Coastal Management Program

  6  and the adjoining territorial sea.  It is not the intent of

  7  this definition to limit the authority currently exercised

  8  under the federal law and the federally approved Florida

  9  Coastal Management Program by which projects landward and

10  seaward of the 35 coastal counties are reviewed for

11  consistency with the Florida Coastal Management Program.

12         (3)  "Coastal Zone Management Act" means the Coastal

13  Zone Management Act of 1972, as amended (16 U.S.C. 1451-1464).

14         Section 3.  Subsections (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(5) of the

22  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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  citizens of the state is will be an important factor in

20  developing, adopting, amending, and implementing a program

21  plan for management of the coastal zone, and management of the

22  state's coastal zone requires will require a highly

23  coordinated effort among state, regional, and local officials

24  and 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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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 the

11  s. 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.  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1  seq. 1801-1812, as amended, or 33 U.S.C. s. 1321 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. 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. 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 is authorized to adopt rules

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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1  establishing procedures for conducting consistency reviews of

  2  activities, uses, and projects for which consistency review is

  3  required pursuant to subsections (1), (2), and (3). Such rules

  4  shall include 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 is also authorized to adopt rules

  8  prescribing the data and information needed for the review of

  9  consistency 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 the implementation of the statutes and

20  rules included in the federally approved program. Each agency

21  shall be afforded an opportunity to provide the department or

22  the state licensing agency with its comments and determination

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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  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 request funding necessary to carry

17  out the duties and responsibilities specified in this act.

18  Funds for the rehabilitation of lighthouses should be

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

20  government agencies and to nonprofit organizations. The

21  Department of Environmental Protection Community Affairs may

22  assist the Division of Historical Resources in projects to

23  accomplish the goals and activities described in this section

24  lighthouse identification, assessment, restoration, and

25  interpretation.

26         Section 7.  As described in the Governor's budget

27  recommendation for fiscal year 2002-2003, all powers, duties,

28  functions, rules, records, personnel, property, and unexpended

29  balances of appropriations, allocations, or other funds of the

30  Florida Coastal Management Program as provided for in ss.

31  380.20-380.285, Florida Statutes, currently assigned to and

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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1  administered by the Department of Community Affairs are

  2  transferred by a type two transfer, as defined in s. 20.06(2),

  3  Florida Statutes, to the Department of Environmental

  4  Protection.

  5         Section 8.  Subsection (40) is added to section

  6  403.061, Florida Statutes, to read:

  7         403.061  Department; powers and duties.--The department

  8  shall have the power and the duty to control and prohibit

  9  pollution of air and water in accordance with the law and

10  rules adopted and promulgated by it and, for this purpose, to:

11         (40)  Serve as the state's single point of contact for

12  performing the responsibilities described in Presidential

13  Executive Order 12372, including administration and operation

14  of the Florida State Clearinghouse. The Florida State

15  Clearinghouse shall be responsible for coordinating

16  interagency reviews of the following: federal activities and

17  actions subject to the federal consistency requirements of s.

18  307 of the Coastal Zone Management Act; documents prepared

19  pursuant to the National Environmental Policy Act, 42 U.S.C.

20  ss. 4321, et seq., and the Outer Continental Shelf Lands Act,

21  43 U.S.C. ss. 1331 et seq.; applications for federal funding

22  pursuant to s. 216.212, Florida Statutes; and other notices

23  and information regarding federal activities in the state, as

24  appropriate. The Florida State Clearinghouse shall ensure that

25  state agency comments and recommendations on the

26  environmental, social, and economic impact of proposed federal

27  actions are communicated to federal agencies, applicants,

28  local governments, and interested parties.

29

30  The department shall implement such programs in conjunction

31  with its other powers and duties and shall place special

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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1  emphasis on reducing and eliminating contamination that

  2  presents a threat to humans, animals or plants, or to the

  3  environment.

  4         Section 9.  Section 380.276, Florida Statutes, is

  5

  6

  7  ================ T I T L E   A M E N D M E N T ===============

  8  And the title is amended as follows:

  9         On page 1, lines 2 and 3,

10  remove:  all of said lines

11

12  and insert:

13         An act relating to Florida's coasts and public

14         beaches; amending s. 380.20, F.S.; revising

15         those sections of Florida Statutes which

16         comprise the Florida Coastal Management Act;

17         amending s. 380.205, F.S.; providing

18         definitions; transferring the state coastal

19         management program functions from the

20         Department of Community Affairs to the

21         Department of Environmental Protection;

22         amending s. 380.21, F.S.; clarifying

23         legislative intent for the Coastal Zone

24         Management Program; amending s. 380.22, F.S.;

25         clarifying the duties and authority of the lead

26         agency; amending s. 380.23, F.S.; clarifying

27         procedures for the granting or denial of a

28         state license for a federally licensed or

29         permitted activity; amending s. 380.285, F.S.;

30         authorizing the Department of Environmental

31         Protection to assist in the study,

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                                                   HOUSE AMENDMENT

    555-169AX-27                               Bill No. CS/HB 1591

    Amendment No. ___ (for drafter's use only)





  1         preservation, and funding of lighthouses on the

  2         Florida coast; transferring the powers, duties,

  3         functions, rules, records, personnel, property,

  4         and unexpended balances of appropriations,

  5         allocations, and other funds of the Coastal

  6         Management Program from the Department of

  7         Community Affairs to the Department of

  8         Environmental Protection by type two transfer;

  9         amending s. 403.061, F.S.; allowing the

10         Department of Environmental Protection to serve

11         as the single point of contact for performing

12         specified responsibilities, including

13         administration and operation of the Florida

14         State Clearinghouse; creating s.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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