House Bill hb1963

    Florida House of Representatives - 2002                HB 1963

        By the Fiscal Responsibility Council and Representative
    Johnson





  1                      A bill to be entitled

  2         An act relating to the Florida Coastal

  3         Management Program; amending ss. 380.205,

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

  5         powers, duties, and functions of the Florida

  6         Coastal Management Program from the Department

  7         of Community Affairs to the Department of

  8         Environmental Protection; providing an

  9         effective date.

10

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

12

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

14  Statutes, is amended to read:

15         380.205  Definitions.--As used in ss. 380.21-380.24:

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

17  Protection Community Affairs.

18         Section 2.  Section 380.24, Florida Statutes, is

19  amended to read:

20         380.24  Local government participation.--Units of local

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

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

23  where marine species of vegetation listed by rule as ratified

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

25  develop a coastal zone protection element pursuant to s.

26  163.3177. Such units of local government shall be eligible to

27  receive technical assistance from the state in preparing

28  coastal zone protection elements and shall be the only units

29  of local government eligible to apply to the department for

30  available financial assistance. Local government participation

31  in the coastal management program authorized by this act shall

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    Florida House of Representatives - 2002                HB 1963

    187-963-02






  1  be voluntary.  All permitting and enforcement of

  2  dredged-material management and other related activities

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

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

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

  6  Environmental Protection consistent with the provisions of s.

  7  403.021(9).

  8         Section 3.  Section 380.285, Florida Statutes, is

  9  amended to read:

10         380.285  Lighthouses; study; preservation; funding.--

11         (1)  The Coastal Management Program of the Department

12  of Environmental Protection Community Affairs and the Division

13  of Historical Resources of the Department of State shall

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

15  must determine the location, ownership, condition, and

16  historical significance of all lighthouses in the state and

17  ensure that all historically significant lighthouses are

18  nominated for inclusion on the National Register of Historic

19  Places. The study must assess the condition and restoration

20  needs of historic lighthouses and develop plans for

21  appropriate future public access and use. The Coastal

22  Management Program and the Division of Historical Resources

23  shall take a leadership role in implementing plans to

24  stabilize lighthouses and associated structures and to

25  preserve and protect them from future deterioration. When

26  possible, the lighthouses and associated buildings should be

27  made available to the public for educational and recreational

28  purposes. The Department of Environmental Protection Community

29  Affairs should consider these responsibilities to be a

30  priority of the Florida Coastal Management Program, and

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    Florida House of Representatives - 2002                HB 1963

    187-963-02






  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 and 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 ss. 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 s. 20.06(2),

21  Florida Statutes, to the Department of Environmental

22  Protection.

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

24

25            *****************************************

26                          HOUSE SUMMARY

27
      Transfers powers and responsibilities relating to the
28    Florida Coastal Management Program from the Department of
      Community Affairs to the Department of Environmental
29    Protection.

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