Senate Bill sb1670c1

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    Florida Senate - 2005                           CS for SB 1670

    By the Committee on Environmental Preservation; and Senators
    Dockery and Pruitt




    592-1831-05

  1                      A bill to be entitled

  2         An act relating to the Oceans and Coastal

  3         Resources Conservation and Management Act;

  4         creating part IV of ch. 161, F.S., consisting

  5         of ss. 161.70, 161.171, 161.72, 161.73, 161.74,

  6         161.75, 161.76, 161.77, and 161.78, F.S.;

  7         providing definitions; establishing purposes;

  8         requiring the state agencies involved in

  9         protecting and managing the state's oceans and

10         coastal resources to encourage and support

11         public-private partnerships and programs to

12         preserve those resources; requiring

13         coordination with federal agencies and

14         programs; requiring that the Department of

15         Environmental Protection and the Fish and

16         Wildlife Conservation Commission establish the

17         Florida Oceans and Coastal Science Work Group;

18         establishing conservation and management goals;

19         directing the work group to help develop and

20         implement conservation and management goals;

21         providing for membership of the work group;

22         providing for the Secretary of Environmental

23         Protection and the executive director of the

24         Fish and Wildlife Conservation Commission to

25         jointly chair the group; providing

26         responsibilities of the work group; requiring

27         that the department and commission prepare an

28         oceans and coastal resource assessment for use

29         by the work group; providing for contents of

30         the assessment; requiring that the department

31         and commission, in coordination with the work

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    Florida Senate - 2005                           CS for SB 1670
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 1         group, prepare a Florida Oceans and Coastal

 2         Scientific Research Plan that recommends

 3         research priorities; providing for annual

 4         updates of the plan; providing for distribution

 5         of the plan to the Legislature; creating the

 6         Florida Oceans and Coastal Restoration Program;

 7         requiring that the department and commission,

 8         in coordination with the work group and other

 9         appropriate agencies, develop priorities for

10         restoration of the state's oceans and coastal

11         resources; creating the Florida Oceans and

12         Coastal Sustainable-Use Program; requiring that

13         the department and commission, in coordination

14         with the work group, water management

15         districts, and other appropriate agencies,

16         develop a management framework to ensure

17         sustainable use of the state's oceans and

18         coastal resources; requiring the department and

19         commission to coordinate the activities of the

20         work group, the Florida Oceans and Coastal

21         Restoration Program, and the Florida Oceans and

22         Coastal Sustainable-Use Program to ensure that

23         the actions taken are complementary and not

24         duplicative; authorizing rulemaking by the

25         Department of Environmental Protection and the

26         Fish and Wildlife Conservation Commission;

27         preserving authority otherwise granted to the

28         commission, water management districts, and

29         state agencies; providing an effective date.

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    Florida Senate - 2005                           CS for SB 1670
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 1         WHEREAS, the oceans and coastal resources of the United

 2  States are of national importance, and

 3         WHEREAS, Florida's coastline is the second longest

 4  coastline of the 50 states, and

 5         WHEREAS, it is Florida's responsibility to be a

 6  national leader on oceans and coastal protection, and

 7         WHEREAS, Florida's oceans and coastal resources are of

 8  tremendous value to the state and provide many public-interest

 9  benefits by contributing millions of jobs and billions of

10  dollars to the state's economy, and

11         WHEREAS, Florida's oceans and coastal resources

12  comprise habitats that support endangered and threatened

13  species and extraordinary marine biodiversity, and

14         WHEREAS, Florida's growth and development contribute to

15  the degradation of our oceans and coastal resources by

16  damaging marine habitat, decreasing coastal wetlands, and

17  increasing pressure for access to beaches and boatyards, and

18         WHEREAS, the barrier reef of the Florida Keys, a

19  national treasure as the only barrier reef in the United

20  States, is at risk of ecological collapse due to increasing

21  environmental stressors, and

22         WHEREAS, Florida must work across jurisdictional

23  boundaries and in partnership with other states and nations to

24  protect shared oceans resources, and

25         WHEREAS, the oceans and coastal resources of the state

26  are held in trust for the people of the state and should be

27  protected and managed for the benefit of current and future

28  generations, and

29         WHEREAS, it is imperative for the state, regional, and

30  local governments, academic and environmental communities, and

31  agricultural and fishery interests to commit to working

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    Florida Senate - 2005                           CS for SB 1670
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 1  together to manage, rehabilitate, and protect Florida's oceans

 2  and coastal resources, NOW, THEREFORE,

 3  

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

 5  

 6         Section 1.  Part IV of chapter 161, Florida Statutes,

 7  consisting of sections 161.70, 161.71, 161.72, 161.73, 161.74,

 8  161.75, 161.76, 161.77, and 161.78, is created to read:

 9                             PART IV

10           OCEANS AND COASTAL RESOURCES MANAGEMENT ACT

11         161.70  Short title.--This part may be cited as the

12  "Oceans and Coastal Resources Act."

13         161.71  Definitions.--As used in this part, the term:

14         (a)  "Commission" means the Fish and Wildlife

15  Conservation Commission created in s. 9, Art. IV of the State

16  Constitution.

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

18  Protection.

19         (c)  "Districts" means the five water management

20  districts created in s. 373.069.

21         (d)  "Executive director" means the executive director

22  of the Fish and Wildlife Conservation Commission.

23         (e)  "Oceans" means those waters from the mean

24  high-water line outward to the state's jurisdictional boundary

25  and those United States waters in which this state has an

26  interest.

27         (f)  "Secretary" means the Secretary of Environmental

28  Protection.

29         161.72  Purpose.--

30         (1)  To ensure the existence of our oceans and coastal

31  resources for future generations, Florida's marine

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    Florida Senate - 2005                           CS for SB 1670
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 1  biodiversity, at the species, natural community, seascape, and

 2  regional levels must be protected by restoring,

 3  rehabilitating, and maintaining the quality and natural

 4  function of oceans and coastal resources. The quality of our

 5  beaches and seafood must be protected to ensure the public

 6  health, and we must ensure sufficient public access to beaches

 7  and waterways. Additional protections must be provided to

 8  highly migratory marine species, such as sea turtles and sea

 9  birds. We must increase opportunities to provide natural

10  resource-based recreation and encourage responsibility and

11  stewardship through educational opportunities. Oceans and

12  coastal research must be prioritized to ensure coordination

13  among researchers and managers, and long-term programs to

14  observe, monitor, and assess oceans and coastal resources must

15  be developed and implemented.

16         (2)  The state agencies involved in protecting and

17  managing the state's oceans and coastal resources shall

18  encourage and support the development of creative

19  public-private partnerships and programs that help preserve

20  those resources. The department and the commission may pursue

21  opportunities to leverage funds, to use intergovernmental or

22  public-private partnerships to hold workshops or other public

23  meetings to seek input from stakeholders and other businesses,

24  and to create work groups or task forces in order to achieve

25  the joint goals established in this part.

26         (3)  This part must be implemented in coordination with

27  federal agencies and programs to maximize opportunities for

28  the state's receipt of federal funds and the efficient and

29  timely expenditure of public funds, and to manage resources

30  based on ecosystem boundaries.

31  

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    Florida Senate - 2005                           CS for SB 1670
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 1         161.73  Conservation and management of oceans and

 2  coastal resources; development and implementation of

 3  conservation and management goals; Florida Oceans and Coastal

 4  Science Work Group.--

 5         (1)  Coordinated management of oceans and coastal

 6  resources is critical to the conservation of such resources.

 7  The secretary and the executive director shall establish the

 8  Florida Oceans and Coastal Science Work Group, a coordinated

 9  network of researchers and resource managers from the state

10  and the academic, private, nonprofit, and scientific

11  communities, to assist with the development and implementation

12  of the following conservation and management goals:

13         (a)  Improving the management of coasts and watersheds

14  by incorporating a watershed approach to governing coastal and

15  ocean resources. The area-based coastal programs of this state

16  should be consolidated to better integrate and capitalize on

17  the strengths of each program. State programs that encourage

18  inappropriate growth in fragile or hazard-prone areas should

19  be changed in order to reach economically and environmentally

20  sustainable development.

21         (b)  Conserving and restoring coastal habitat through

22  the development of regional and local goals, the institution

23  of a program dedicated to coastal and estuarine conservation,

24  better coordination of the state's activities relating to

25  habitat, and improved research, monitoring, and assessment.

26         (c)  Improving water quality and ecosystem health

27  through ecosystem-based watershed-management approaches that

28  reduce point and nonpoint sources of pollution and that

29  address atmospheric sources of pollution.

30         (d)  Limiting pollution from vessels by strengthening

31  vessel safety and security and increasing compliance with laws

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    Florida Senate - 2005                           CS for SB 1670
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 1  governing waste stream discharges, air emissions, or oil

 2  releases.

 3         (e)  Preventing the spread of invasive species by using

 4  streamlined programs that identify the major pathways for

 5  introduction of nonnative species, provide for prevention as a

 6  first line of defense, accelerate detection and response

 7  efforts, and improve efforts to control the invasive species

 8  already introduced into coastal and oceans waters.

 9         (f)  Creating a statewide monitoring network to assess

10  the health of oceans and coastal ecosystems and provide

11  accountability for management actions.

12         (g)  Reducing marine debris in order to lessen or

13  eliminate serious threats to fishery resources, wildlife, and

14  habitat, as well as human health and safety, through public

15  education and outreach, partnerships with local governments,

16  and enhanced research, monitoring, and source identification.

17         (h)  Achieving sustainable fisheries by basing

18  management and research on sound science, strengthening

19  fishery governance, improving fishery enforcement, and moving

20  toward an ecosystem-based management approach that links

21  fisheries management with concerns such as essential fish

22  habitat and the reduction of bycatch.

23         (i)  Protecting marine mammals and endangered marine

24  species through coordinating assessment of threats to marine

25  populations, identifying and overcoming gaps in protection,

26  and expanding research and education.

27         (j)  Preserving coral reefs and other coral communities

28  by assessing the value of and threats to coral reef

29  communities, managing the state's coral resources, promoting

30  the state's coral reef initiatives, and improving the

31  understanding of coral ecosystems.

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 1         (k)  Achieving sustainable marine aquaculture by

 2  addressing the environmental impacts of aquaculture

 3  activities, reviewing current regulatory measures, developing

 4  a new marine aquaculture framework, if necessary, and

 5  promoting statewide improvements and cooperation among

 6  agencies.

 7         (l)  Connecting the oceans and human health by

 8  understanding the links between oceans and human health;

 9  maximizing the beneficial uses of marine-derived bioproducts

10  through marine biomedical research and product discovery and

11  development; reducing the negative health impacts of marine

12  microorganisms; implementing human health protections related

13  to seafood safety and coastal water quality; and creating

14  public education and outreach programs.

15         (m)  Managing offshore energy and other offshore

16  mineral resources in order to develop renewable energy sources

17  and assess environmental issues related to offshore oil, gas,

18  or renewable energy production.

19         (n)  Creating a state strategy for increasing

20  scientific knowledge and understanding of our oceans and

21  coastal resources.

22         (o)  Enhancing the development of oceans and coastal

23  infrastructure and technology by assessing gaps in the

24  development of such infrastructure and technology, assessing

25  and funding critical needs, and creating virtual marine

26  technology centers to assist in transferring new technologies

27  into operational uses.

28         (p)  Implementing a new oceans and coastal policy that

29  acknowledges the cost of taking action, specifies major

30  funding areas, recognizes the important roles of nonfederal

31  

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    Florida Senate - 2005                           CS for SB 1670
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 1  authorities, and provides dedicated funding for improving

 2  oceans and coastal management.

 3         (q)  Sustaining abundant birdlife and encouraging the

 4  recreational and economic benefits associated with wildlife

 5  observation and photography.

 6         (2)(a)  The Florida Oceans and Coastal Science Work

 7  Group is created within the Department of Environmental

 8  Protection, shall consist of 15 members, and shall be jointly

 9  chaired by the secretary and the executive director, or their

10  designees. The remaining 13 members shall be jointly appointed

11  by the secretary and the executive director and shall include

12  one resource manager, one scientist specializing in wetlands

13  or watersheds, one scientist specializing in nearshore waters

14  or estuaries, one scientist specializing in offshore waters or

15  open oceans waters, one scientist specializing in wildlife

16  habitat management, one scientist specializing in fishery

17  habitat management, one scientist specializing in pelagic and

18  shorebirds, one scientist specializing in hydrology and

19  aquatic systems, one scientist specializing in biomedical

20  research, one coastal geologist or scientist specializing in

21  coastal erosion and shoreline dynamics, and three at-large

22  members. If the secretary and the executive director are

23  unable to find an appointee meeting the criteria provided in

24  this paragraph, they may select an additional member from any

25  of the specialties provided for in this paragraph. Except for

26  the secretary or the executive director or their designees,

27  appointments shall be to terms of 4 years each and an

28  appointed member may be reappointed for up to two consecutive

29  terms. Members shall serve until their successors are

30  appointed. Vacancies shall be filled in the manner of the

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    Florida Senate - 2005                           CS for SB 1670
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 1  original appointment for the remainder of the term that is

 2  vacated.

 3         (3)  By December 1, 2006, the department and the

 4  commission shall prepare a comprehensive oceans and coastal

 5  resource assessment that shall be used by the Florida Oceans

 6  and Coastal Science Work Group in developing conservation and

 7  management goals as required in subsection (1). The resource

 8  assessment must include:

 9         (a)  Patterns of use of oceans and coastal resources;

10         (b)  Natural resource features, including, but not

11  limited to, habitat, bathymetry, surficial geology,

12  circulation, and tidal currents;

13         (c)  The location of current and proposed oceans and

14  coastal resource infrastructure;

15         (d)  Industrial, commercial, and recreational transit

16  patterns; and

17         (e)  Socioeconomic trends of the state's oceans and

18  coastal resources and oceans and coastal economy.

19         161.74  Florida Oceans and Coastal Scientific Research

20  Plan.--By January 1, 2006, the department and the commission,

21  in coordination with the Florida Oceans and Coastal Science

22  Work Group, must complete a Florida Oceans and Coastal

23  Scientific Research Plan. The plan must recommend priorities

24  for scientific research projects and must be submitted to the

25  President of the Senate and the Speaker of the House of

26  Representatives by January 15, 2006. Thereafter, annual

27  updates to the plan must be submitted to the President of the

28  Senate and the Speaker of the House of Representatives by

29  January 1.

30         161.75  Florida Oceans and Coastal Restoration Program;

31  Florida Oceans and Coastal Sustainable-Use Program.--

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    Florida Senate - 2005                           CS for SB 1670
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 1         (1)  The Florida Oceans and Coastal Restoration Program

 2  is created to develop a comprehensive, multifaceted, and

 3  integrated approach to restore the state's oceans and coastal

 4  resources using the goals established in s. 161.73. By

 5  December 1, 2007, the department and the commission, in

 6  coordination with the Florida Oceans and Science Work Group,

 7  the districts, and other appropriate state or federal

 8  agencies, shall jointly develop restoration priorities and

 9  strategies to ensure the long-term viability and health of the

10  state's oceans and coastal resources.

11         (2)  The Florida Oceans and Coastal Sustainable-Use

12  Program is created to develop a framework in which decisions

13  concerning the sustainable use of the state's oceans and

14  coastal resources can be made in a thoughtful and

15  comprehensive manner. By December 1, 2007, the department and

16  the commission, in coordination with the Florida Oceans and

17  Science Work Group, the districts, and other appropriate state

18  or federal agencies, shall jointly develop a management

19  framework to ensure the sustainable use of the state's oceans

20  and coastal resources.

21         161.76  Coordination of activities.--The department and

22  the commission shall jointly coordinate the activities of the

23  Florida Oceans and Coastal Science Work Group, the Florida

24  Oceans and Coastal Restoration Program, and the Florida Oceans

25  and Coastal Sustainable-Use Program to ensure that the

26  activities are complementary and not duplicative.

27         161.77  Rulemaking authority.--The department and the

28  commission may adopt rules, pursuant to ss. 120.536(1) and

29  120.54, to administer this part.

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    Florida Senate - 2005                           CS for SB 1670
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 1         161.78  Preservation of authority.--This part does not

 2  restrict or limit the authority otherwise granted to the

 3  commission, the districts, or other state agencies by law.

 4         Section 2.  This act shall take effect upon becoming a

 5  law.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1670

 9                                 

10  The committee substitute retains the substance of the original
    bill with changes to the composition of the Florida Oceans and
11  Coastal Science Work Group.

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