Florida Coastal Planning and Management

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Ch0380/ch0380.htm  (date accessed: 12/15/2008)

Chapter 380, Part II Florida Statutes

ss. 380.20-380.285

PART II 

COASTAL PLANNING AND MANAGEMENT 

380.20  Short title. 

380.205  Definitions. 

380.21  Legislative intent. 

380.22  Lead agency authority and duties. 

380.23  Federal consistency. 

380.24  Local government participation. 

380.25  Previous coastal zone atlases rejected. 

380.26  Establishment of coastal building zone for certain counties. 

380.27  Coastal infrastructure policy. 

380.276  Beaches and coastal areas; display of uniform warning and
safety flags at public beaches; placement of uniform notification signs;
beach safety education. 

380.285  Lighthouses; study; preservation; funding. 

380.20  Short title.--Sections 380.205-380.27 may be cited as the
"Florida Coastal Management Act." 

History.--s. 5, ch. 78-287; s. 1, ch. 92-276; s. 186, ch. 99-13; s. 1,
ch. 2002-275. 

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

(1)  "Department" means the Department of Environmental Protection. 

(2)  "Coastal zone" means that area of land and water from the
territorial limits seaward to the most inland extent of marine
influences. However, for planning and developing coordinated projects
and initiatives for coastal resource protection and management, the
department shall consider the coastal zone to be the geographical area
encompassed by the 35 Florida coastal counties listed in the Final
Environmental Impact Statement for the Florida Coastal Management
Program and the adjoining territorial sea. It is not the intent of this
definition to limit the authority currently exercised under the federal
law and the federally approved Florida Coastal Management Program by
which projects landward and seaward of the 35 coastal counties are
reviewed for consistency with the Florida Coastal Management Program. 

(3)  "Coastal Zone Management Act" means the Coastal Zone Management
Act of 1972, as amended (16 U.S.C. ss. 1451-1464). 

History.--s. 2, ch. 92-276; s. 58, ch. 93-206; s. 187, ch. 99-13; s. 2,
ch. 2002-275; s. 1, ch. 2002-277. 

380.21  Legislative intent.-- 

(1)  The Legislature finds that: 

(a)  The coast is rich in a variety of natural, commercial,
recreational, ecological, industrial, and aesthetic resources,
including, but not limited to, "energy facilities," as that term is
defined in s. 304 of the Coastal Zone Management Act, of immediate
potential value to the present and future well-being of the residents of
this state. 

(b)  It is in the state and national interest to protect, maintain,
and develop these resources through coordinated management. 

(c)  State land and water management policies should, to the maximum
possible extent, be implemented by local governments through existing
processes for the guidance of growth and development. 

(2)  The Legislature therefore grants authorization for the department
to maintain and update a program based on existing statutes and existing
rules and submit applications to the appropriate federal agency as a
basis for receiving funds under the Coastal Zone Management Act. It is
the further intent of the Legislature that enactment of this legislation
shall not amend existing statutes or provide additional regulatory
authority to any governmental body except as otherwise provided by s.
380.23. The enactment of this legislation shall not in any other way
affect any existing statutory or regulatory authority. 

(3)(a)  The Legislature finds that the coastal zone is rich in a
variety of natural, commercial, recreational, ecological, industrial,
and aesthetic resources of immediate and potential value to the present
and future well-being of the residents of this state which will be
irretrievably lost or damaged if not properly managed. The participation
by citizens of the state is an important factor in developing, adopting,
amending, and implementing a program for management of the coastal zone,
and management of the state's coastal zone requires a highly coordinated
effort among state, regional, and local officials and agencies. 

(b)  The state coastal zone management program shall contain each of
the program elements necessary to comply with the requirements of the
Coastal Zone Management Act, specifically delineating the role of state,
regional, and local agencies in implementing the program; and it shall
provide that the appeal of any regulatory decision, other than those
appeals provided for by existing law, shall be to the Governor and
Cabinet. 

(4)  The Legislature recognizes that land acquisition has great
potential to support the state's coastal management and regulatory
efforts. Removing coastal properties from the pool of developable
acreage reduces the adverse land use and environmental impacts the state
coastal zone management program is attempting to eliminate or diminish,
while at the same time minimizing public expenditures and reducing risk
to life and property in storm-prone coastal areas. To this end, the
acquisition of coastal lands shall be an important component of the
coastal zone management program. 

History.--s. 6, ch. 78-287; s. 5, ch. 84-257; s. 3, ch. 92-276; s. 59,
ch. 93-206; s. 3, ch. 2002-275. 

380.22  Lead agency authority and duties.-- 

(1)  The department shall be the lead agency pursuant to the Coastal
Zone Management Act and shall compile and submit to the appropriate
federal agency applications to receive funds pursuant to the Coastal
Zone Management Act. The state's program shall include program policies
that only reference existing statutes and existing implementing
administrative rules. In the event the program submitted pursuant to
this subsection is rejected by the appropriate federal agency because of
failure of this act, the existing statutes, or the existing implementing
administrative rules to comply with the requirements of the federal
Coastal Zone Management Act of 1972, as amended, no state coastal
management program shall become effective without prior legislative
approval. The coastal management program may be amended from time to
time to include changes in statutes and rules adopted pursuant to
statutory authority other than this act. 

(2)  The department shall also have authority to: 

(a)  Establish advisory councils with sufficient geographic balance to
ensure statewide representation. 

(b)  Coordinate central files and clearinghouse procedures for coastal
resource data information and encourage the use of compatible
information and standards. 

(c)  Provide to the extent practicable financial, technical, research,
and legal assistance to effectuate the purposes of this act. 

(d)  Review rules of other affected agencies to determine consistency
with the program and to report any inconsistencies to the Legislature. 

(3)  The department shall adopt by rule procedures and criteria for
the evaluation of subgrant applications that seek to receive a portion
of those funds allotted to the state under the federal Coastal Zone
Management Act. 

(4)  The department shall establish a county-based process for
identifying, and setting priorities for acquiring, coastal properties in
coordination with the Acquisition and Restoration Council, or its
successor, so these properties may be acquired as part of the state's
land acquisition programs. This process shall include the establishment
of criteria for prioritizing coastal acquisitions which, in addition to
recognizing pristine coastal properties and coastal properties of
significant or important environmental sensitivity, recognize hazard
mitigation, beach access, beach management, urban recreation, and other
policies necessary for effective coastal management. 

(5)  In addition to other criteria established by statute or rule, the
following criteria shall be considered when establishing priorities for
public acquisition of coastal property: 

(a)  The value of acquiring coastal high-hazard parcels, consistent
with hazard mitigation and postdisaster redevelopment policies, in order
to minimize the risk to life and property and to reduce the need for
future disaster assistance. 

(b)  The value of acquiring beachfront parcels, irrespective of size,
to provide public access and recreational opportunities in highly
developed urban areas. 

(c)  The value of acquiring identified parcels the development of
which would adversely affect coastal resources. 

(6)  The department shall develop and implement a strategy to enhance
citizen awareness and involvement in Florida's coastal management
programs. 

History.--s. 7, ch. 78-287; s. 4, ch. 92-276; s. 60, ch. 93-206; s. 11,
ch. 98-146; s. 188, ch. 99-13; s. 42, ch. 99-247; s. 4, ch. 2002-275. 

380.23  Federal consistency.-- 

(1)  When a federally licensed or permitted activity subject to
federal consistency review requires a state license, the issuance or
renewal of a state license shall automatically constitute the state's
concurrence that the licensed activity or use, as licensed, is
consistent with the federally approved program. When a federally
licensed or permitted activity subject to federal consistency review
requires a state license, the denial of a state license shall
automatically constitute the state's finding that the proposed activity
or use is not consistent with the state's federally approved program,
unless the United States Secretary of Commerce determines that such
activity or use is in the national interest as provided in the Coastal
Zone Management Act. 

(2)(a)  Where federal licenses, permits, activities, and projects
listed in subsection (3) are subject to federal consistency review and
are seaward of the jurisdiction of the state, or there is no state
agency with sole jurisdiction, the department shall be responsible for
the consistency review and determination; however, the department shall
not make a determination that the license, permit, activity, or project
is consistent if any other state agency with significant analogous
responsibility makes a determination of inconsistency. All decisions and
determinations under this subsection shall be appealable to the Governor
and Cabinet. 

(b)  However, effective October 1, 1992, if a finding or
recommendation of inconsistency has been made by a state agency with
regard to federal activities and projects listed under paragraphs (3)(a)
and (b) and the inconsistency cannot be resolved by the department, the
department shall refer such finding or recommendation to the Governor
for final determination. The Governor shall review the comments,
findings, or recommendations of all participating agencies and shall
affirm the finding or recommendation of inconsistency unless the
Governor determines that the federal activity or project is consistent
with the enforceable social, economic, and environmental policies of the
coastal management program. Any permitting, licensing, or proprietary
authority of an agency shall not be preempted or otherwise limited by
any provision of this paragraph. Consistency determinations made
pursuant to this paragraph shall not be appealable to the Governor or
Cabinet. 

(3)  Consistency review shall be limited to review of the following
activities, uses, and projects to ensure that such activities, uses, and
projects are conducted in accordance with the state's coastal management
program: 

(a)  Federal development projects and activities of federal agencies
which significantly affect coastal waters and the adjacent shorelands of
the state. 

(b)  Federal assistance projects that significantly affect coastal
waters and the adjacent shorelands of the state and that are reviewed as
part of the review process developed pursuant to Presidential Executive
Order 12372. 

(c)  Federally licensed or permitted activities affecting land or
water uses when such activities are in or seaward of the jurisdiction of
local governments required to develop a coastal zone protection element
as provided in s. 380.24 and when such activities involve: 

1.  Permits and licenses required under the Rivers and Harbors Act of
1899, 33 U.S.C. ss. 401 et seq., as amended. 

2.  Permits and licenses required under the Marine Protection,
Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 1401-1445 and 16
U.S.C. ss. 1431-1445, as amended. 

3.  Permits and licenses required under the Federal Water Pollution
Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as amended, unless such
permitting activities have been delegated to the state pursuant to said
act. 

4.  Permits and licenses relating to the transportation of hazardous
substance materials or transportation and dumping which are issued
pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. ss.
1501 et seq., as amended, or 33 U.S.C. s. 1321, as amended. 

5.  Permits and licenses required under 15 U.S.C. ss. 717-717w,
3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-1356 for
construction and operation of interstate gas pipelines and storage
facilities. 

6.  Permits and licenses required for the siting and construction of
any new electrical power plants as defined in s. 403.503(12), as
amended, and the licensing and relicensing of hydroelectric power plants
under the Federal Power Act, 16 U.S.C. ss. 791a et seq., as amended. 

7.  Permits and licenses required under the Mining Law of 1872, 30
U.S.C. ss. 21 et seq., as amended; the Mineral Lands Leasing Act, 30
U.S.C. ss. 181 et seq., as amended; the Mineral Leasing Act for Acquired
Lands, 30 U.S.C. ss. 351 et seq., as amended; the Federal Land Policy
and Management Act, 43 U.S.C. ss. 1701 et seq., as amended; the Mining
in the Parks Act, 16 U.S.C. ss. 1901 et seq., as amended; and the OCS
Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
pipelines, geological and geophysical activities, or rights-of-way on
public lands and permits and licenses required under the Indian Mineral
Development Act, 25 U.S.C. ss. 2101 et seq., as amended. 

8.  Permits and licenses for areas leased under the OCS Lands Act, 43
U.S.C. ss. 1331 et seq., as amended, including leases and approvals of
exploration, development, and production plans. 

9.  Permits and licenses required under the Deepwater Port Act of
1974, 33 U.S.C. ss. 1501 et seq., as amended. 

10.  Permits required for the taking of marine mammals under the
Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. s. 1374. 

(d)  Federal activities within the territorial limits of neighboring
states when the Governor and the department determine that significant
individual or cumulative impact to the land or water resources of the
state would result from the activities. 

(4)  The department may adopt rules establishing procedures for
conducting consistency reviews of activities, uses, and projects for
which consistency review is required pursuant to subsections (1), (2),
and (3). Such rules shall include procedures for the expeditious
handling of emergency repairs to existing facilities for which
consistency review is required. The department may also adopt rules
prescribing the data and information needed for the review of
consistency certifications and determinations. When an environmental
impact statement or environmental assessment required by the National
Environmental Policy Act has been prepared for a specific activity, use,
or project subject to federal consistency review under this section, the
environmental impact statement or environmental assessment shall be data
and information necessary for the state's consistency review of that
federal activity, use, or project under this section. 

(5)  In any coastal management program submitted to the appropriate
federal agency for its approval pursuant to this act, the department
shall specifically waive its right to determine the consistency with the
coastal management program of all federally licensed or permitted
activities not specifically listed in subsection (3). 

(6)  Agencies authorized to review and comment on the consistency of
federal activities subject to state review under the Florida Coastal
Management Program are those agencies charged with the implementation of
the statutes and rules included in the federally approved program. Each
agency shall be afforded an opportunity to provide the department or the
state licensing agency with its comments and determination regarding the
consistency of the federal activity with the statutes and rules included
in the federally approved program implemented by the agency. An agency
that submits a determination of inconsistency to the department or a
state licensing agency shall be an indispensable party to any
administrative or judicial proceeding in which such determination is an
issue, shall be responsible for defending its determination in such
proceedings, and shall be liable for any damages, costs, and attorney's
fees awarded in the action as a consequence of such determination. 

(7)  Agencies shall not review for federal consistency purposes an
application for a federally licensed or permitted activity if the
activity is vested, exempted, or excepted under its own regulatory
authority. 

(8)  The department shall review the items listed in subsection (3) to
determine if in certain circumstances such items would constitute minor
permit activities. If the department determines that the list contains
minor permit activities, it may by rule establish a program of general
concurrence pursuant to federal regulation which shall allow similar
minor activities, in the same geographic area, to proceed without prior
department review for federal consistency. 

History.--s. 8, ch. 78-287; s. 1, ch. 90-220; s. 53, ch. 90-331; s. 5,
ch. 92-276; s. 61, ch. 93-206; s. 29, ch. 98-176; s. 5, ch. 2002-275; s.
5, ch. 2005-166. 

380.24  Local government participation.--Units of local government
abutting the Gulf of Mexico or the Atlantic Ocean, or which include or
are contiguous to waters of the state where marine species of vegetation
listed by rule as ratified in s. 373.4211 constitute the dominant plant
community, shall develop a coastal zone protection element pursuant to
s. 163.3177. Such units of local government shall be eligible to receive
technical assistance from the state in preparing coastal zone protection
elements and shall be the only units of local government eligible to
apply to the department for available financial assistance. Local
government participation in the coastal management program authorized by
this act shall be voluntary. All permitting and enforcement of
dredged-material management and other related activities subject to
permit under the provisions of chapters 161 and 253 and part IV of
chapter 373 for deepwater ports identified in s. 403.021(9)(b) shall be
done through the department consistent with the provisions of s.
403.021(9). 

History.--s. 9, ch. 78-287; s. 11, ch. 94-122; s. 142, ch. 96-320; s. 2,
ch. 2002-277. 

380.25  Previous coastal zone atlases rejected.--The legislative draft
of the coastal management program submitted to the Legislature by the
department dated March 1, 1978, and the previously prepared coastal zone
atlases are expressly rejected as the state's coastal management
program. The department shall not divide areas of the state into vital,
conservation, and development areas. 

History.--s. 10, ch. 78-287. 

380.26  Establishment of coastal building zone for certain
counties.--The coastal building zone for counties not subject to s.
161.053 shall be as described in s. 161.54(1), after a public hearing is
held in the affected county by the state land planning agency or its
designee. The state land planning agency shall furnish the clerk of the
circuit court in each county affected a survey of such line with
references made to permanently installed monuments at such intervals and
locations as may be necessary. 

History.--s. 37, ch. 85-55. 

380.27  Coastal infrastructure policy.-- 

(1)  No state funds shall be used for the purpose of constructing
bridges or causeways to coastal barrier islands, as defined in s.
161.54(2), which are not accessible by bridges or causeways on October
1, 1985. 

(2)  After a local government has an approved coastal management
element pursuant to s. 163.3178, no state funds which are unobligated at
the time the element is approved shall be expended for the purpose of
planning, designing, excavating for, preparing foundations for, or
constructing projects which increase the capacity of infrastructure
unless such expenditure is consistent with the approved coastal
management element. 

History.--s. 38, ch. 85-55; s. 38, ch. 95-196. 

380.276  Beaches and coastal areas; display of uniform warning and
safety flags at public beaches; placement of uniform notification signs;
beach safety education.-- 

(1)  It is the intent of the Legislature that a cooperative effort
among state agencies and local governments be undertaken to plan for and
assist in the display of uniform warning and safety flags, and the
placement of uniform notification signs that provide the meaning of such
warning and safety flags, at public beaches along the coast of the
state. Because the varying natural conditions of Florida's public
beaches and coastal areas pose significant risks to the safety of
tourists and the general public, it is important to inform the public of
the need to exercise caution. 

(2)  The Department of Environmental Protection, through the Florida
Coastal Management Program, shall direct and coordinate the uniform
warning and safety flag program. The purpose of the program shall be to
encourage the display of uniform warning and safety flags at public
beaches along the coast of the state and to encourage the placement of
uniform notification signs that provide the meaning of such flags. Only
warning and safety flags developed by the department shall be displayed.
Participation in the program shall be open to any government having
jurisdiction over a public beach along the coast, whether or not the
beach has lifeguards. 

(3)  The Department of Environmental Protection shall develop a
program for the display of uniform warning and safety flags at public
beaches along the coast of the state and for the placement of uniform
notification signs that provide the meaning of the flags displayed. Such
a program shall provide: 

(a)  For posted notification of the meaning of each of the warning and
safety flags at all designated public access points. 

(b)  That uniform notification signs be posted in a conspicuous
location and be clearly legible. 

(c)  A standard size, shape, color, and definition for each warning
and safety flag. 

(4)  The Department of Environmental Protection is authorized, within
the limits of appropriations or grants available to it for such
purposes, to establish and operate a program to encourage the display of
uniform warning and safety flags at public beaches along the coast of
the state and to encourage the placement of uniform notification signs
that provide the meaning of the flags displayed. The department shall
coordinate the implementation of the uniform warning and safety flag
program with local governing bodies and the Florida Beach Patrol Chiefs
Association. 

(5)  The Department of Environmental Protection may adopt rules
pursuant to ss. 120.536(1) and 120.54 necessary to administer this
section. 

(6)  Due to the inherent danger of constantly changing surf and other
naturally occurring conditions along Florida's coast, the state, state
agencies, local and regional government entities or authorities, and
their individual employees and agents, shall not be held liable for any
injury or loss of life caused by changing surf and other naturally
occurring conditions along coastal areas, whether or not uniform warning
and safety flags or notification signs developed by the department are
displayed or posted. 

(7)  The Department of Environmental Protection, through the Florida
Coastal Management Program, may also develop and make available to the
public other educational information and materials related to beach
safety. 

History.--s. 9, ch. 2002-275; s. 1, ch. 2005-161. 

1380.285  Lighthouses; study; preservation; funding.--The Department of
Community Affairs and the Division of Historical Resources of the
Department of State shall undertake a study of the lighthouses in the
state. The study must determine the location, ownership, condition, and
historical significance of all lighthouses in the state and ensure that
all historically significant lighthouses are nominated for inclusion on
the National Register of Historic Places. The study must assess the
condition and restoration needs of historic lighthouses and develop
plans for appropriate future public access and use. The Division of
Historical Resources shall take a leadership role in implementing plans
to stabilize lighthouses and associated structures and to preserve and
protect them from future deterioration. When possible, the lighthouses
and associated buildings should be made available to the public for
educational and recreational purposes. The Department of State shall
request in its annual legislative budget requests funding necessary to
carry out the duties and responsibilities specified in this act. Funds
for the rehabilitation of lighthouses should be allocated through
matching grants-in-aid to state and local government agencies and to
nonprofit organizations. The Department of Environmental Protection may
assist the Division of Historical Resources in projects to accomplish
the goals and activities described in this section. 

History.--s. 6, ch. 2001-200; s. 6, ch. 2002-275; s. 3, ch. 2002-277. 

1Note.--As amended by s. 6, ch. 2002-275. For a description of multiple
acts in the same session affecting a statutory provision, see preface to
the Florida Statutes, "Statutory Construction." Section 380.285 was also
amended by s. 3, ch. 2002-277, and that version reads: 

380.285  Lighthouses; study; preservation; funding.-- 

(1)  The Coastal Management Program of the Department of Environmental
Protection and the Division of Historical Resources of the Department of
State shall undertake a study of the lighthouses in the state. The study
must determine the location, ownership, condition, and historical
significance of all lighthouses in the state and ensure that all
historically significant lighthouses are nominated for inclusion on the
National Register of Historic Places. The study must assess the
condition and restoration needs of historic lighthouses and develop
plans for appropriate future public access and use. The Coastal
Management Program and the Division of Historical Resources shall take a
leadership role in implementing plans to stabilize lighthouses and
associated structures and to preserve and protect them from future
deterioration. When possible, the lighthouses and associated buildings
should be made available to the public for educational and recreational
purposes. The Department of Environmental Protection should consider
these responsibilities to be a priority of the Florida Coastal
Management Program, and implementation of this act should be a priority
in the use of coastal management funds. 

(2)  The Department of Environmental Protection and the Department of
State shall request in their annual legislative budget requests funding
necessary to carry out the duties and responsibilities specified in this
act. Funds for the rehabilitation of lighthouses should be allocated
through matching grants-in-aid to state and local government agencies
and to nonprofit organizations. The Department of Environmental
Protection may assist the Division of Historical Resources in projects
to accomplish lighthouse identification, assessment, restoration, and
interpretation. 

