Final environmental impact statement of the proposed coastal management program for the State of Florida

[From the U.S. Government Printing Office, www.gpo.gov]

FINAL ENVIRONMENTAL IMPACT STATEMENT

A-z~~~~~~~~~~~~~-
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U.S. DEPARTMENT OF COMMERCE
NATIONAL OC EANIC AND ATMOSPHERIC ADMINISTRATION
OFFICE OF COASTAL ZONE MANIAGEMENT
AND

STATE .OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
OFFICE OF COASTAL MANAGEMENT

,WFT O
AUGUST Ml8

'6.

I.-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ " F.., **-*

0 ~~~~~~~~~UNITED STATES

DEPARTMENT OF COMMERCE

FINAL ENVIRONMENTAL IMPACT STATEMENT

OF THE

PROPOSED

COASTAL MANAGEMENT PROGRAM

FOR

THE STATE OF FLORIDA

Prepared by: and:'

Office of Coastal Zone Management Florida Office of Coastal
National Oceanic and Management
Atmospheric Administration Department of Environmental
Department of Commerce Regulation
3300 Whitehaven Street, N.W. 2600 Blair Stone Road
Washington, D.C. 20235 Twin Towers Office Building
Tallahassee, FL 32301

This public document was promulgated at a cost of $ 4,527.40 or $4.31
per copy to inform the citizens of Florida of the content of the
Florida Coastal Management Program Final Environmental Impact
Statement.

The preparation of this' publication was financed in part through
Coastal Zone Management Program Development Grant No. 04-7-158-44005
from the Office of Coastal Zone Management, NOAA, under provisions of
Section 305 of the Coastal Zone Management Act of 1972 (Public Law
92-583).

DESIGNATION: Final Environmental Impact Statement

TITLE: Proposed Federal Approval of the Florida Coastal
Management Program (FCMP)

ABSTRACT: The State of Florida has submitted its Coastal Manage-
ment Program to the Office of Coastal Zone management
for approval. Approval would allow program administra-
tive grants to be awarded to the state, and would
require that Federal actions be consistent with the
Program. This document includes a copy of the Program
(Part II) which is a comprehensive management program
for coastal land and water use activities. The FCMP
consists of numerous policies on diverse management
issues which are administered under various state laws,
and is the culmination of several years of program
development.

Approval and implementation of the Program will enhance
governance of the stat e's coastal land and water areas
and uses according to the coastal policies and standards
contained in existing statutes, authorities and rules.
The effect of these is to condition, restrict or
prohibit various uses in parts of the coastal zone,
while encouraging development and other uses in other
parts. -This Program will improve decisionmaking
processes for determining appropriate coastal land and
water uses in light of resources 'considerations and willW
increase public awareness of coastal resources. The
Program will result in some short-term economic impacts
on coastal users but will lead to increased long-term
protection of the state's coastal resources and improve
the responsiveness of state programs.

Federal alternatives include delaying or denying
approval if certain requirements of the Coastal Zone
Management Act have not been met. The state could
modify parts of the Program or withdraw its application
for Federal approval if either of the above Federal
alternatives result from circulation of this document.

APPLICANT: State of Florida, Department of Environmental Regulation

LEAD AGENCY: U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Office of Coastal Zone Management

CONTACT: Ms. Ann Berger-Blundon
Gulf/Islands Regional Manager
Office of Coastal Zone Management
3300 Whitehaven Street, N.W.
Washington, D.C. 20235
(202/254-7546)

GUIDE TO THE READER

The National Environmental Policy Act of 1969 (NEPA) requires
that an environmental impact statement be prepared as part of the
review and approval process of major actions by Federal agencies which
significantly affect the quality of the human environment. The action
contemplated here is approval of the Florida Coastal Management Program
(FCMP) under Section 306 of the Federal Coastal Zone Management Act of
1972, as amended (CZKA).

Approval qualifies Florida for Federal matching funds for use in
implementing and administering the coastal management program. In
addition, the Coastal Zone Management Act stipulates that Federal
activities affecting the coastal zone shall be consistent, to the
maximum extent practicable, with the approved coastal management
program.

it is the general policy of the Office of Coastal Zone Management
(OCZM4) to issue combined Environmental Impact Statement (EIS) and
coastal management program documents. A DEIS composed of appropriate
revisions to the FCMP Hearing Draft distributed in August, 1980, an
assessment of the impact of the Coastal Management Program, and a
description of findings regarding this program by OCZM was distributed
in February, 1981. The comment period for the DEIS ended on April 13,
-1981. Responses to comments received on the DEIS are included in
. ~Part VI of this FEIS. This document is organized as follows:

Summary/Part I of this FEIS was prepared by OCZM. Included here is a
discussion of the Florida coastal management legislation, current
programs, goals, objectives and initiatives and expected impacts
from gaining Federal approval. Additionally, there is a summary
of Federal concerns and a description of how this program meets
the requirements of the Federal Coastal Zone Management Act.

Part II of this FEIS is a detailed description of the Florida Coastal
Management Program and was prepared by the Florida Department of
Environmental Regulation/Office of Coastal Management (0CM) as
were the attachments and appendix. This part of the FEIS also
fulfills the NEPA requirement for a description of the proposed
action. Part 1I is divided into two sections as follows:

Section One as an introduction, outlines the background of the
Florida Coastal Management Program describing coastal man-
agement efforts in Florida from their inception to present
direction; and describes the Florida coastal zone and the
benefits, problems, and issues associated with it.

Section Two discusses the scope of the Florida management prograi
including a description of the proposed coastal boundary, a
detailed discussion of the state laws and regulations which
will guide the state program, "areas of special management",
"issues of special focus", and how the program will be
implemented and coordinated by the state, including a
discussion on program funding. Additionally, there is a
discussion in some detail on the Federal regulations
governing approval of State CZM programs and how the State
meets them.

Part III of the FEIS was prepared by OCZM and fulfills the NEPA
requirement for a discussion of alternatives to the proposed
action.

Parts IV and V were prepared by DER/OCM with assistance by OCZM and
describe the affected environment and the environmental conse-
quences of Federal program approval.

Part VI contains a summary of written and oral comments received and
responses on the FCMP/DEIS. This section was prepared by OCZM
with the assistance of DER/OCK.

The Addendum contains various final joint resolutions, memoranda of
understanding, rules, and other materials related to coordination
and implementation of the state's program.

For purposes of reviewing the proposed action, the important
Federal concerns are:

- whether the Florida Coastal Management Program is consistent
with the objectives and policies of the CZMA;

- whether the award of Federal funds under Section 306 of the
CZMA will help Florida meet those objectives;

- whether the state's management authorities are adequate to
implement its coastal program; and

- whether there will be a net environmental benefit as a result
of program approval and implementation.

TABLE OF CONTENTS

Page

Guide to the Reader i
Table of Contents iii
Addendum Vi
List of Tables vii
List of Figures ix
Glossary x
FEIS Distribution xv

SUMMARY xvii

A. The Florida Coastal Management Program xvii
B. Changes The Program Will Make xvii
C. Areas Of Controversy xviii
D. Federal Alternatives xx
E. Major Issues and Their Resolution xxi

PART I: PURPOSE AND NEED 1-1

PART II: DESCRIPTION OF THE PROPOSED ACTION -
THE FLORIDA COASTAL MANAGEMENT PROGRAM

Letter of Transmittal of Florida Coastal Management
Program from Governor Bob Graham

Section One: Introduction
11-1
A. Historical Background and Present Direction II-3
B. Florida's Coastal Regions: Benefits,
Problems, Issues

Section Two: Scope of the Florida Coastal
Management Program

A. Boundary II-10
B. Description of Statutory Authorities and II-12
Policies
1. Sources of Water Pollution II-16
2. Sources of Air Pollution II-24
3. Withdrawal, Diversion, Storage, and
Consumption of Water 11-27
4. Living Resources 11-33
5. Dredging and Filling in Submerged
Lands and Wetlands II-39
6. Ownership and Management of Public Lands II-76
7. Coastal Construction II-78
8. Outdoor Recreation and Conservation II-85
9. Economic Development 11-89
10. Industrial Siting 11-90

iii

Page

11. Port Facilities Financing Law II-94
12. Ports Maintenance Dredging and Spoil
Disposal II-95
13. Transportation Administration II-96
14. Power Plants and Electric Transmission
Lines II-96
15. Oil and Gas Production II-109
16. Pollutant Spill Prevention and Control II-110
17. Developments of Regional Impact and
Areas of Critical State Concern II-116
18. Resource Recovery II-125
19. Control of Hazardous Wastes II-126
20. Disaster Preparedness II-129
21. Protection of Historic Sites and
Properties II-131
22. Arthropod Control II-139
23. Soil and Water Conservation II-141
24. Regional Planning Councils II-142
25. Public Utilities 11-142

C. Geographic Areas of Particular Concern:
Areas of Special Management 11-144
1. Florida's Aquatic Preserves System II-145
2. State Wilderness System II-151
3. Areas of Critical State Concern II-155
4. Conservation and Recreation Lands:
Environmentally Endangered Lands II-161
5. Areas for Preservation and Restoration II-169

D. Issues of Special Focus II-172
1. Resource Protection Issues II-172
a. Coral Reefs II-172
b. Estuaries II-186
c. Barrier Islands, Beaches, Dunes II-191
2. Coastal Development Issues II-196
a. Ports II-196
b. Disposal of Dredged Material II-203
c. Marina Siting II-208
d. Water Related Energy Facilities II-213
e. Commercial and Recreational
Fisheries II-222
f. Coastal Recreation, Access, and the
Urban Waterfront II-236
3. Coastal Storms: Hazard and Protection
Issues II-243
a. Historical Perspective II-243
b. Public Agencies: Roles and Respon-
sibilities II-248

Page
E. Coastal Management Coordination and Implemen-
tation II-255
1. Introduction 11-255
2. Management Framework for State Agency
Coordination II-255
a. Role of the Interagency Management
Committee (IMC) II-256
b. Procedural Coordination Between
State Agencies II-260
c. Initial IMC Actions Regarding Storm
Hazard Mitigation II-262
3. Regional and Local Agencies II-264
a. Water Management Districts II-264
b. Regional Planning Councils II-264
c. Local Agencies II-265
4. Public Participation and Citizen
Involvement II-265
a. Coastal Advisory Committee II-265
b. Citizen Participation - State Statutes II-266
5. Program Funding II-268
a. Introduction and Federal Guidelines II-268
b. Program Implementation Funds
(Section 306 and 306A) II-269
c. Coastal Energy Impact Program
(Section 308) 11-279
F. Uses of Regional Benefit II-281

G. National Interest 11-284

H. Federal Consistency II-310

I. Energy Facilities Planning II-325

J. Coastal Shorefront Areas II-347
1. Shorefront Access and Protection II-347
2. Shoreline Erosion and Mitigation 11-351

K. Program Coordination and Public Involvement 11-358

PART III: ALTERNATIVES TO THE PROPOSED ACTION 111-1

PART IV: DESCRIPTION OF THE AFFECTED ENVIRONMENT IV-1

PART V: ENVIRONMENTAL, ECONOMIC; AND INSTITUTIONAL
CONSEQUENCES OF FEDERAL APPROVAL V-1

PART VI: SUMMARY OF COMMENTS RECEIVED AND RESPONSES ON
THE FLORIDA COASTAL MANAGEMENT PROGRAM DRAFT ENVIRONMENTAL
IMPACT STATEMENT VI-l

LIST OF PREPARERS

ADDENDUM

EXPLANATION PAGE

A. Chapter 366, F.S., 'Public Utilities'

B. CS/HB 490, "Ports Bill".

C. SB 620/HB 535, "Save Our Rivers Bill.

D. Joint Resolution on the IMC.

E. Memorandum of Understanding on the IMC.

F. Principle Coordination Memorandum of Understanding between DER,
DVCA, and DNR.

G. Joint Resolution on Hazards.

H. Memorandum of Understanding on Hazard Coordination.

I. Memorandum of Understanding on Highway Construction.

J. Final Amendments to the Wastewater Construction Grants Priority
System.

K. Chapter 16Q-20, F.A.C., Final Generic Rule for Aquatic Preserves.

L. Chapter 17-4, F.A.C., Final Rule for DER Permits.

M. Chapter 17-26, F.A.C., Final Rule for Public Works.

N. Draft Wastewater Treatment Plant Siting Rules (to be finalized by
August 20, 1981).

O. Draft CZM Funding Rule (to be finalized by August 26, 1981).

P. Florida Attorney General's Opinion of July 8, 1981.

Q. References.

LIST OF TABLES

Page
Table 1 - Program Authorities II-14

Table 2 - Submerged Zone Species II-43

Table 3 - Transitional Zone Species 11-45

Table 4 - Major State ASM Programs II-146

Table 5 - Status of the Environmentally Endangered
and Conservation and Recreation Lands
Trust Fund - December 16, 1980 II-162

Table 6 - Major Agencies Included in Port Regulation 11-198

Table 7 - Florida Fin Fish Commercial Landings II-223

Table 8 - Florida Shellfish Commercial Landings II-223

Table 9 - Florida Fish and Shellfish Processing
Establishments II-225
Table 10- Value of Processed Fishery Products
in Florida 11-225
Table 11- Federal and State Assistance Programs
Available to Federal, State and Local
Agencies for Providing Public Recreation
Opportunities in Florida II-238

Table 12- Federal and State Assistance in Providing
Private Outdoor Recreation Opportunities 11-239

Table 13- Counties and Cities Eligible for Coastal
Management Funds II-277

Table 14- Inventory of Federal Lands in Florida's
Coastal Zone II-287

Table 15- Federal Consistency Procedures II-311

Table 16- Federal Permits Requiring a State
Consistency Determination II-316

Table 17- History and Forecast of Seasonal and
Peak Demand and Annual Net Energy for
Load II-327

vii

LIST OF TABLES (Continued)

Page

Table 18- History and Forecast of Energy Use
by Type of Consumer-GWH II-328

Table 19- Planned and Prospective Generating
Facility Additions, Retirements and
Changes II-332

Table 20- Direct Laws Managing Oil and Gas
Facilities in the Coastal Zone 11-341

Table 21- Indirect Laws Which Manage Oil and
Gas Related Facilities in the Coastal
Zone II-343

Table 22- Existing Laws which may be used to
Manage Oil and Gas Related Facilities in
the Coastal Zone 11-346

Table 23- Florida's Erosion Problem at a Glance 11-353

viii

LIST OF FIGURES

Page

Figure 1 - Representative State Dredge and Fill
Jurisdiction II-48

Figure 2 - Wetlands Diagram II-49

Figure 3 - Aquatic Preserve Selection Process II-150

Figure 4 - Wilderness Area Selection Process II-153

Figure 5 - Critical Area Process 11-157

Figure 6 - Proposed Selection Process -
Environmentally Endangered Lands II-168

Figure 7 - Florida Reef Tract II-173

Figure 8 - Florida Reef Tract II-174

Figure 9 - Coral Reef Management Areas II-179

Figure 10- Hurricane Probability Map II-245

Figure 11- Deaths and Damages from Hurricanes
in the United States 11-246

Figure 12- History and Forecast of Energy Use
by Type of Customer II-329

Figure 13- Forecast of Net System Generation by
Fuel Type (In Percent) 11-330

Figure 14- State of Florida (coastal counties) IV-2

GLOSSARY

O ~Note: The following definitions are included for both your convenience
and to reflect on how these words and terms are used in this
document.

ACSC: Areas of Critical State Concern (Chapter 380, F.S.).

APR: Areas for Preservation or Restoration.

AQUJACULTURE: The culture of marine or aquatic species under either
natural or artificial conditions.
AQUATIC PRESERVES: Submerged or tidal areas identified and designated
by the Florida Legislature which have exceptional biological,
aesthetic, educational, and/or scientific value, with the intent
of setting them aside forever as preserves or sanctuaries for the
benefit of future generations pursuant to Chapter 258, F.S.

ARTHROPOD CONTROL: The abatement or suppression of mosquitoes and
other arthropods# whether disease-bearing or merely pestiferous,
by biological, chemical or physical means.

BARRIER ISLANDS: Thin, elongated, naturally formed islands, usually
parallel to the shoreline, formed of unconsolidated sediments
(mostly sand), separated from the mainland by natural-bodies of
0 ~~water, including estuaries and wetlands. Exceptional wave force,
wind and tidal energies, and ocean flooding are the predominant
factors which shape and regulate the barrier island ecosystem,
creating a dynamic and ever changing system.

BEACH: Gently sloping areas of loose material (e.g. sand, gravel, and
cobbles) that extend landward from the low-water line to a point
where there is a definite change in the material type or land
form, or to the line of vegetation.

CLASS I-V WATERS: Waters of the state classified according to the most
beneficial use pursuant to Chapter 403, F.S. and implementing
rules pursuant to Chapter 17-3, F.A.C.

COASTAL CONSTRUCTION SETBACK CONTROL LINE: A line established by the
Florida Department of Natural Resources to prevent or reduce beach
erosion and damage to coastal life and property pursuant to
Chapter 161, F.S. it is designated as 50 feet inland from MHW
unless otherwise established through a survey and consideration of
natural beach processes.

COASTAL MANAGEMENT: The broad mix of research, data collection and
analysis, technical assistance, land use planning, coordination,
conflict resolution, regulatory or other governmental actions
which are needed to ensure the wise utilization and protection of
coastal resources.

DEVELOPMENT OF REGIONAL IMPACT (DRI): Any development which, because
of its character'J magnitude, or location, would have a substantia ON
effect upon the health, safety, or welfare of citizens of more
than one county pursuant to Chapter 380, F.S.

DUNE: A ridge, mound, or hill of sand which extends parallel to the
shoreline along sandy coasts formed by wind and waves.

DUNE; ACTIVE: A dune that migrates, grows and diminishes from thf
force of wind and supply of sand. Active dunes include all
open sand dunes, active hammocks, and active foredunes.

ECOSYSTEM: The living and non-living components of the environment
which interact'or function together, including plant and animal
organisms, the physical environment, and the energy systems in
which they exist. All the components of an ecosystem are
interrelated.

ESTUARY: A natu ral body of water semi-enclosed by land, connected witt
the open ocean, and within which sea water is measurably dilluted
by fresh water derived from the land. The estuary includes: a)
estuarine water; b) tidelands; c) tidal marshes; and d) submerged
lands. Estuaries extend upstream as far as the waters contain a
measurable quantity or percentage of sea water.

FORESTRY: The science of developing and maintaining forests and the
benefits they produce, including a) the production of trees and
the processing of forest products; b) open spaces buffers from
noise, and visual separation of conflicting uses; a) watershed
protection and wildlife and fisheries habitat; d) soil protection
from wind and water; 3) maintenance of clean air and water; f)
outdoor recreational activities and related support services and
wilderness values compatible with these uses; and g) grazing land
for livestock.

GEOGRAPHICAL AREAS OF PARTICULAR CONCERN (GAPC): Geographic areas or
resources which will receive special management consideration in
the Florida Coastal Management Program.

LAND TRANSPORTATION FACILITIES: Those land surface modes of conveyance
commonly used to move people and goods through or over land, or to
support land facilities for air and water transportation (e.g.
highways, roads, bridges, railroads, bicycle, pedestrian paths,
mass transit and pipelines).

LOCAL GOVERNMENT: Any county or municipality or any special district
or local government entity established pursuant to law which
exercises regulatory authority over and grants development permits
for land development pursuant to Chapter 163, F.S.

MAINTAIN: To supports keep, and continue in an existing state or
condition without decline.

MARINE GRASS BEDS: Both nearshore and offshore submergent vascular
plant beds which may extend to depths greater than 10 meters (33
ft.) in clear waters. The predominant marine grass species found
in Florida coastal waters are Turtle-grass (Thalassia testudinum),
Cuban Shoalweed (Diplanthera wrightii), and Manateegrass (Syrin-
godium filiformus).

ONSHORE FACILITIES TO SUPPORT OFFSHORE OIL AND GAS DEVELOPMENT AND
PRODUCTION: Those facilities used in the construction, maintenance,
operation and support of offshore oil and gas development and
production, including related transportation, storage and
conversion facilities.

PRESERVE: To save from change or loss other than those caused by
natural geological and evolutionary processes, and reserve for a
special purpose.

PROTECT: Save or shield from loss, destruction, or injury or for
future intended use.

PUBLIC INTEREST: Those conditions which actually or potentially result
in benefit to the public at large. Decisions regarding public
interest should be made only after full consideration of all
available pertinent information, including but not limited to
adopted state and local goals and objectives, demonstrated service
needs, water quality, public costs and liabilities, hazards,
population growth needs, economic development needs,
transportation needs, energy needs, aesthetics, irretrievable
commitment of natural resources, and maintenance of ecological
systems.

RECREATION: Any experience voluntarily engaged in largely during
leisure time from which the individual derives satisfaction.

LOW INTENSITY RECREATION: Does not require developed facilities
and can be accommodated without change to the area or
resource (e.g. canoeing, hunting, hiking, wildlife, photo-
graphy, and beach and shore activities can be low intensity
recreation).

HIGH INTENSITY RECREATION: Use specially built facilities, or
occurs in such density or form that it requires or results in
a modification of the area or resource (e.g. campgrounds,
golf courses, public beaches, and marinas).

RESOURCE: Naturally occurring or culturally produced entity which is
valued for its existing or potential usefulness to man.

CULTURAL RESOURCE: A resource made, constructed or refined by
man and society.

xii

NATURAL RESOURCE: Air,, land, water and living resources and the
elements thereof produced by or resulting from nature. i
Natural resources may be renewable or non-renewable.

NON-RENEWABLE RESOURCE: Those natural resources that, once used
or exhausted, cannot be replaced. Commonly used with
commodity type resources such as coal, petroleum, natural
gas, etc.; this term may also be used to describe biological,
locational and amenity type resources susceptible to exhaus-
tion through extinction, site occupancy or alteration of
natural conditions.

RENEWABLE RESOURCE: Those resources which, if managed, used, and
harvested properly, can replenish themselves at a rate equal
to the rate of consumption. They are usually biological or
living resources. In a broader sense, uses and benefits
which can be used indefinitely without loss or decline.

RESTORE: Revitalizing, returning, or replacing original attributes and
amenities, such as natural biological productivity, water quality,
and aesthetic and cultural resources, which have been diminished
or lost by past alterations, activities, or catastrophic events.

ACTIVE RESTORATION: Involves the use of specific positive
remedial actions, such as removing fills, installing water
treatment facilities, or rebuilding deteriorated urban
waterfront areas.

PASSIVE RESTORATION: Restoration which occurs as a result of
natural processes, sequences, and timing, or which occurs
after the removal or reduction of adverse stresses without
other specific positive remedial action.

SHORELINE: The immediate interface of land and water; the mean high
tide line in non-vegetated areas and the landward extent of
"marine species' of vegetation as listed in Cha~pter 17-4, F.A.C.
where such 'marine speciesO constitute the dominant plant
community.

SPOIL ISLANDS: Artificial islands created with dredged material
resulting from disposal of material created, resulting from, or as
waste products of creating, maintaining, or deepening channels,
harbors, ports, or other such projects. They provide important
recreational and habitat values. Their management is also
important because of the adverse impacts mismanagement can have on
water quality and sedi mentation. Most islands are state owned
under the jurisdiction of Chapters 253 and 372,, F.S.

xiii

USE HAVING DIRECT AND SIGNIFICANT IMPACT: Any land or water use or
activity which will or can reasonably be expected to: 1) directly
result in the significant alteration of the physical, chemical,
radiological, or biological properties of coastal waters; 2)
directly and significantly affect any use of coastal resources;
3) directly and significantly affect public health, safety or
welfare; or 4) directly result in significant, irretrievable
commitments of coastal resources. Positive as well as negative
impacts are included.

USES OF REGIONAL BENEFIT: Any use which can be shown to provide
substantial public benefits beyond the county in which it is
located, and which has a direct and significant impact on coastal
lands and waters.

VESTED RIGHT: Present fixed rights which cannot be interfered with by
retrospective laws, which is proper for the state to recognize and
protect, and which cannot be deprived arbitrarily without
injustice.

WATER DEPENDENT: A use or activity which can be carried out only on,
in, or adjacent to water areas because the use requires access to
the water body for waterborne transportation, recreation, energy
production, or source of water.

WATER-RELATED: Uses which are not directly dependent upon access to a
water body, but which provide goods or services that are directly
associated with water-dependent land or waterway use, and which,
Is ~if not located adjacent to water, would result in a public loss of
quality in the goods or services offered.

Xiv

Distribution: This FEIS has been forwarded to all Federal agencies as well
as all agencies, groups and individuals who commented on the DEIS. Additional
copies of the document are available on request from the Florida Office of
Coastal Management or the Federal Office of Coastal Zone Management.

Federal Agencies

Advisory Council on Historic Preservation
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health and Human Services
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of Transportation
Environmental Protection Agency
Federal Emergency Management Agency
Federal Energy Regulatory Commission
Marine Mammal Commission
Nuclear Regulatory Commission

State and Local Agencies

Florida Department of Commerce
Brevard County Board of Commissioners
Broward County Planning Council
Broward Soil and Water Conservation District
City of Fort Lauderdale
East Central Florida Regional Planning Council
North Central Florida Regional Planning Council
Northeast Florida Regional Planning Council
Northwest Florida Water Management District
Pasco County
Pinellas County
Southwest Florida Regional Planning Council
St. Johns River Water Management District
Tampa Bay Regional Planning Council
Volusia County
Volusia County Environmental Council
Environmental Council of Volusia County
West Florida Regional Planning. Council

Interested Parties

Coastlin9 Growers
Council of Associations of North Peninsula
Ecoshores, Inc.
Florida Audubon Society

Florida Engineering Society
Florida Institute of Technology
Florida Keys and West Coast Seafood
Florida Petroleum Council
Gulf Power Company
Hillsborough Environmental Coalition
Hopping, Boyd, Green and Sams
League of Women Voters of Florida
League of Women Voters of Hillsborough County
Martin Conservation Associates
Natural Resources Defense Council
Sierra Club-National Coastal Committee
Tampa Port Authority
Barry Appleby
Kevin L. Erwin
Louis A. Gaitanis
Paul A. Howe
Jack W. Hunter
Roy D. Williams
Howard Wolf

xvi

SUMMARY

A. THE FLORIDA COASTAL MANAGEMENT PROGRAM

The Florida Coastal Management Program (FCMP or Program) is based
on existing statutes and regulations as required by the Florida Coastal
Management Act of 1978 (Chapter 380, F.S., Part II). These laws and
their respective rules (regulations), and existing administrative
processes, form the authorities for Program implementation. These laws
and statutes apply statewide and, thus, the boundary of the Florida
Coastal Management Program is the entire State to the limits of the
territorial sea in the Atlantic Ocean and the Gulf of Mexico.

The Program highlights specific coastal "issues of special focus"
to which state agencies, through the Interagency Management Committee,
will direct their individual and collective attention to resolve
conflicting coastal policy. Much of the program coordination centers
around the resolution of conflicting state policy, and it is the goal
of the FCMP to foster the resolution of these conflicts affecting
coastal land and water uses having a direct and significant impact on
the coastal area.

The Program is to be implemented primarily through state agencies.
Pertinent activities, administrative processes and decisionmaking will
be coordinated with local governments and regional agencies. The
Department of Environmental Regulation (the Divisions of Permitting and
Environmental Programs) will be the lead coastal agency, with large
. ~responsibility for coordination and implementation of the laws, rules
and responsibilities under the Florida Coastal Management Program,
shared with the Department of Natural Resources, the Department of
Veteran and Community Affairs and the Governor's Office of Planning and
Budgeting.

B. CHANGES THE PROGRAM WILL MAKE

As the FCMP is based on existing State laws and regulations,
implementation of the authorities of the Florida program precedes
federal approval and will continue to be administered as required by
state statute. Federal approval will strengthen and enhance the
effectiveness of the authorities through providing funding to support
better coordination and enforcement of the laws.

Coordination and cooperation among government agencies is fostered
through Joint Resolutions and Memoranda of Understanding between agen-
cies with related administrative and/or regulatory responsibilities.
The program also creates the Interagency Management Committee (IMC)
which brings Governor'and Cabinet agencies into a forum which can
effectively and efficiently resolve issues of mutual concern and make
recommendations for developing consistent state policy.

xvii

The Program highlights several "issues of special focus" to be
addressed prior to and subsequent to federal program approval. The
first issue is hazards management. Pursuant to a Joint Resolution
issued December 16, 1980 by Governor Graham and the Florida Cabinet,
State agencies have embarked on policy alignment for more effective
mitigation of damage from coastal storms. Efforts presently underway
focus on hurricane damage mitigation as the first phase of this
comprehensive program effort (see Part 11, Section Two.D.).

On July 29, 1980, five primary agencies and the Governor's Office
of Planning and Budgeting signed a Memorandum of Agreement (MOU) to
"cooperate in the development of management alternatives designed to
prevent or reduce coastal hazards posed by hurricanes". Based on this
agreement, state agencies are reviewing their respective regulatory and
funding programs in order to identify areas of inconsistent state
policy on hazards. This effort was strengthened when Governor Graham
and the Florida Cabinet, on December 16, 1980, issued the Joint
Resolution related to hazards. The MOU and Joint Resolution are aimed
at minimizing damage from coastal storms through preventive measures
and will result in recommendations for regulatory changes and/or
development of criteria to be considered in public investment for
infrastructure and public works. Implementation of these
recommendations will have two major effects: (1) The adoption of
revised regulations pursuant to the respective statutes to require
consideration of hazards in the location and permitting of development.
Although no new or additional tests are anticipated for developers,
project designs will have to consider hazards criteria. (2) The
development and implementation of hazards criteria in public infra-0
structure investment would discourage the expenditure of State and/or
Federal funding for sewers, roads, bridges, wastewater treatment
plants, etc. in high hazard areas.

The impact of both of these initiatives would be to mitigate human
and property loss from hurricanes and coastal storms due to unsound or
inappropriate development in unsafe locations in the Florida coastal
area. This should save lives as well as save taxpayers from
considerable investment in financing unwise development in areas
threatened with costly and repeated damage from coastal storms and
natural hazards.

Through Federal approval, state efforts in hazards mitigation and
resource protection would be enhanced and accelerated by providing
funding to state agencies to implement new policies and to local and
regional governments to develop regional evacuation plans. In addi-
tion, Federal approval will also ensure that federal agency actions
will be consistent, to the maximum extent practicable, with the Florida
Coastal Management Program.

C. AREAS OF CONTROVERSY

There have been several areas of controversy during the develop -_
ment of the FCMP- Among them has been the delineation of the coastal

Xviii

boundary. A series of detailed program atlases were developed delin-
O eating a more narrow boundary than that presently proposed. However, a
more narrow boundary was difficult to justify as most places in Florida
are within 70 miles of either the Atlantic Ocean or the Gulf of Mexico
and are influenced by these bodies of water. Much of the state geo-
graphy consists of low land elevations, high water tables and extensive
coastline with many rivers emptying into coastal waters. The resulting
interrelationship between the land and coastal water makes it dif-
ficult, if not impossible, to establish a scientifically justifiable
boundary which would exclude inland areas as having no significant
effect on coastal waters. As the laws and regulations of the FCMP are
applied statewide, the alignment of the coastal zone boundary with
existing statutory jurisdiction capitalizes on years of established
regulatory and administrative experience while meeting the requirements
of the Florida Coastal Management Act of 1978 and lessening public
confusion.

The second area of controversy concerns whether the scope of the
existing Florida authorities is sufficiently comprehensive to manage
the resources and uses required under Sections 302, 303, and 307(f) of
the CZMA and whether the development review and management criteria for
state agency decisions is specific enough to allow predictability in
government decisionmaking. The Florida Coastal Management Act of 1978
limits the authority of the FCMP to that of existing rules and
statutes. Florida's environmental legislation has been implemented in
the state for almost ten years. However, there is considerable concern
whether the laws, particularly Chapter 403, F.S., (i.e., water quality
* ~and dredge and fill) meet the requirements of the CZMA for the
management of coastal uses and resources.

The FCMP outlines the implementation of State statutory and
regulatory authority for each of the laws an which the program is
based. There are other laws which may be relevant to coastal
management which have not been included in the program. However, it
appears that the core laws and associated regulations are sufficient,
and the State proposes to exclude the other existing laws from the
context of the FCMP while'continuing their prescribed implementation.

The third area of controversy has been designation of a lead
coastal agency as required by Section 306(c)(5) of the Federal Coastal
Zone Management Act of 1972, as amended (CZMA). The FCMP has been
located in several agencies, beginning with the Florida Coastal
Coordinating Council in 1970. After the dissolution of the Council in
1975, the Program went to the Department of Natural Resources, the
resource management agency of the State. From there, the Program was
transferred to the Department of Environmental Regulation (DER), the
environmental permitting agency, by Legislative action in 1977. Within
the State, there is continued discussion about the location of the lead
agency for the Program. However# the current location within DER meets
program approval requirements and future redesignation by the Governor
is provided for under Section 306(c)(5) of the CZMA and applicable
regulation.

xix

D. FEDERAL ALTERNATIVES

Alternative 1: The Assistant Administrator could delay or deny
approval if the scope of the program authorities is not sufficient
to meet the federal requirements.

Section 302 and 303 of the CZMA require management programs to
provide for the management of those uses which have a direct and
significant impact on coastal waters and to assure that there is
appropriate protection of significant resources, such as wetlands,
beaches and dunes, and barrier islands. Furthermore, the management
program must provide for the management of coastal development, and the
simplification of governmental processes.

The FCMP is based on existing state laws which provide broad and
adequate authority to manage coastal resources and development. The
proposed regulations promulgated under these laws provide the necessary
specificity and predictability for approval. The FCMP also provides
the necessary framework for the exercise of various management
techniques (i.e., planning, regulating, funding, and coordinating)
through various joint resolutions, MOU's, budget priorities and
regulations.

Should the scope of the existing laws and existing or proposed
regulations be insufficient to meet Federal requirements based on
concerns raised as a result of the review of this document, the
Assistant Administrator could deny or delay approval. In turn, the
State could withdraw its application for federal approval or increase
the scope of the program by adopting new laws, regulations or other
legal instruments.

Alternative 2: The Administrator could delay or deny approval if the
State is not adequately organized to implement the program.

Under Subsection 306(c)(5) and (6) and 15 CFR 923.48, the State
must be organized to implement and administer the management program.
Furthermore, there must be a state agency which is designated to
receive and administer grants as well as monitor and evaluate the
management of the State's coastal resources.

The FCMP describes the organizational structure that Florida will
use to implement and administer the management program. A number of
state agencies will be implementing their regulatory, propriatory, and
financial authority over activities which are proposed in or which
affect the State's coastal zone. The IMC and a number of joint
resolutions and MOUs will provide the basis for coordinating state
actions. FurthermoreA the Governor has designated DER as the Section
306 agency. DER has the fiscal and legal capability to accept and
administer grant funds, and through the IMC, has the capability to
monitor and evaluate the management of coastal resources by various
agencies.

Should the organizational structure prove to be inadequate as the
result of the review of this document, the Assistant Administrator
* could deny or delay approval. In turn, the State could withdraw its
application for federal approval or address the deficiencies which are
identified.

Alternative 3: The Assistant Administrator could delay or deny
program approval if policies, rules and regulations, MOU's and Joint
Resolutions, described in the FCMP are not enforceable.

Under Section 302 and 303 and regulations promulgated thereunder,
it is required that sufficient policies be of an enforceable nature to
ensure the implementation of, and adherence to, the management program.
Although the statutory policies and rules and regulations which exist
in Florida are clearly enforceable, the policies included in proposed
rules included in the DEIS were not enforceable at the time of issuance
of that document. Similarly, an opinion by the Attorney General of the
State of Florida, necessary to determine the enforceability of the Mous
and Joint Resolutions described in the DEIS had not been rendered.

if, for any reason, the proposed regulations have not been promul-
gated, or the MOUs and Joint Resolutions are found to be unenforceable,
OCZM would have to re-examine the approvability of the FCMP. If OCZM
found that any one or more must be enforceable to ensure the implemen-
tation of an adherence to the FCMP, the Assistant Administrator could
delay or deny approval. In response, the State could withdraw its
application for federal approval or meet the deficiencies identified
O ~through a different legal construct.

E. MAJOR ISSUES AND THEIR RESOLUTION

Three issues remained unresolved at the time of issuance of the
DEIS. They were:

1. Revision and final adoption of rules: Final adoption of all rules
identified in the DEIS has occurred with the exception of DERts
CZM funding and wastewater treatment facility rules. These rules
are scheduled for final adoption on August 26, 1981. If they are
not adopted or there are substantial changes to their content not
covered by this document, the Program will not be approved until
the deficiences are rectified. Final rules will be sent to
recipients of this FEIS.

2. Inclusion of a letter of designation from the Governor: When a
state coastal management program is submitted to the Assistant
Administrator for-Coastal Zone Management for program approval, it
must be accompanied by documentation in the form of a transmittal
letter signed by the Governor to the effect that he: (a) has
reviewed and approved, as state policy, the management program and
any changes thereto; (b) has designated a single state agency to
receive and administer implementation grants under CZMA Section
is ~306; (c) attests to the fact that the state has the authorities

Xxi

necessary to implement the management program; and (d) attests to
the fact that the state is organized to implement the management
program. Governor Bob Graham has signed such a letter which is
included in this FEIS at the beginning of Section II.

3. Signing of Memoranda of Under~standing and Program Enforceability:
At the time of issuance of the DEIS, the memorandum of understand-
ing between DER, DNR, and DVCA concerning agency coordination
regarding the state coastal management program had not been signed
and the broader issue of the enforceability of this and other MOT~s
and Joint Resolutions had not been resolved. The MOU in question
has been signed and has been included in the Addendum of this
FEIS. In addition, the Attorney General of Florida has rendered
an opinion concerning the enforceability of the FCMP MOLI's and
Joint Resolutions. (The text of this opinion is contained in the
Addendum of this document). As a result of this opinion, the
member agencies of the INC have signed an additional MOU (the "IMC
MOU") to ensure the enforceability of the provisions of the Joint
Resolution on the INC. The general issue of the enforceability of
the programs Joint Resolutions and MOU's, including the Attorney
General's opinion, are discussed in detail in generic response
number I found in Part VI of this document, which contains a
summary of comments received and responses to the FCMP/DEIS.

Given the nature of the proposed action, which is approval of the
Florida Coastal Management Program, all federal alternatives involved a
decision to delay or deny approval. To delay or -deny approval could be
based on failure by the FCMP to meet any one of the requirements of the
Federal Coastal Zone Management Act (CZMA). In approving a CZM
program, affirmative findings must be made by the Assistant Adminis-
trator for Coastal Zone Management on more than twenty requirements.

As noted earlier, the development of the FCMP has been controver-
sial, and has required the proposal of solutions to numerous complex
issues. many of the solutions could have resulted in a deficient
program with respect to the requirements of the CZMA. The Assistant
Administrator for Coastal Zone Management has made a preliminary
determination that these deficiencies have been remedied, or will be,
prior to program approval, and that Florida can meet the requirements
for program approval under Section 306 of the CZMA. However, in order
to elicit public and agency comment and assure that the Assistant
Administrator's initial determination is correct, Part III of this
document further discusses the areas in which there may be possible
deficiencies, and considers the alternatives of delaying or denying
approval summarized above. These issues are: does the FCMP provide a
broad enough scope of authorities; is the State organized to implement
the program; and are the policies described in the FCMP enforceable?

xxii

PART I
PURPOSE AND NEED

0
0

PART I

PURPOSE AND NEED

THE FEDERAL COASTAL ZONE MANAGEMENT ACT

In response to intense pressure on and because of the importance
of coastal areas of the United States, Congress passed the Coastal Zone
Management Act of 1972 (CZMA) (P.L. 92-583). The Act authorizes a
Federal grant-in-aid program to be administered by the Secretary of
Commerce, who in turn delegated this responsibility to the National
Oceanic and Atmospheric Administration's Assistant Administrator for
Coastal Zone Management, who heads the Office of Coastal Zone
Management (OCZM).

The CZMA evolved from a series of studies on the nation's coastal
zone and its resources. Beginning with the 12-volume report, 'Oceano-
graphy 1960-1970", published in 1959 by the committee on Oceanography
of the National Academy of Sciences (NASCO) and culminating with the
report of the Commission on Marine Science, Engineering and Resources
in 1969 (popularly referred to as the "Stratton Commission Report"),
which proposed a Coastal Management Act, the need to protect and wisely
use the Nation's coastal resources was stressed.

The CZMA was substantively amended on July 26, 1976 (P.L. 94-370)
and on October 1, 1980 (P.L. 96-464). The Act and its amendments
affirm a national interest in the effective protection and careful
development of the coastal zone, by providing assistance and
encouragement to coastal states (and U.S. Territories) to develop and
implement management programs for their coastal areas. Financial
assistance grants under Sections 305 for program development and 306
for program implementation were authorized by the CZNA to provide
coastal states and territories with the means for achieving these
objectives.

Broad guidelines and the basic requirements of the CZMA provide
the necessary direction to participating political jurisdictions for
developing their coastal zone management programs. The program
development and approval provisions are contained in 15 CFR Part 923,
revised and published March 28, 1979 in the Federal Register. In
summary, the requirements for program approval are that a state or
territory develop a management program that:

1. Identifies and evaluates those coastal resources recognized in the
Act that require management or protection by the State or
Territorial government;

2. Re-examines existing policies or develops new policies to manage
these resources. These policies must be specific, comprehensive
and enforceable, and must provide an adequate degree of
predictability as to how coastal resources will be managed;

3. Determines specif ic uses and special geographic areas that are to
be subject to the management program, based on the nature of
identified coastal concerns. Uses and areas to be subject to
management should be based on resource capability and suitability
analyses, socio-economic considerations and public preferences;

4. Identifies the inland and seaward areas subject to the management
program;

5. Provides for the consideration of the national interest in the
planning for and siting of facilities that meet more than local
requirements; and

6. Includes sufficient legal authorities and organizational arrange-
ments to implement the program and to ensure conformance to it.

In arriving at these substantive aspects of the management
program, States or territories are obliged to follow an open process
which involves providing information to and considering the interests
of the general public, special interest groups, local governments, and
regional, state, interstate and Federal agencies.

Section 303 of the CZMA provides guidance or specific national
objectives that warrant full consideration during the implementation of
approved State coastal management programs.

Section 305 of the CZMA authorized a maximum of four annual grants
to develop a coastal management program. To date, the State of Florida
has received approximately $3.5 million in program development funds.
After developing a management program, the State or territory is then
eligible for annual grants under Section 306 to implement its
management program. If a program has deficiencies which need to be
remedied or has not received approval by the time Section 305 program
development grants have expired, a State or territory may continue
development of a Federally approvable coastal management program using
entirely State funding. However, new Federal funding, assistance for
Program development is no longer authorized by the 1980 CZI4A amend-
ments.

Section 306 requires States to devote increasing portions (up to
30 percent) of their grants funds to activities leading to significant
improvements in achieving national coastal management objectives.
Section 306 (i also authorizes the award of grants for preservation of
important natural areas, public access and urban development. Section
306(A) encourages states to inventory coastal resources of national
significance and develop standards to protect them.

Section 307 of the Act stipulates that Federal agency activities
shall be consistent, to the maximum extent practicable,, with approved
management programs. Section 307 further provides for mediation by the
Secretary of Commerce when a serious disagreement arises between a
Federal agency and a coastal State or territory with respect to a
Federal consistency issues

1-2

Section 308 of the CZM4A created the Coastal Energy Impact Programt
O ~(CEIP) which provides for grants and loans to coastal States or
territories to enable them to plan for and respond to onshore impacts
resulting from coastal energy activities including grants to mitigate
the coastal impacts of coal transportation and alternative ocean energy
activities. To be eligible for assistance under Section 308, coastal
States or territories must be receiving Section 305 or 306 grants, or,
in the Secretary's view, be developing a management program consistent
with the policies and objectives contained in Section 303 of the CZMA.

Section 312 directs OCZM to evaluate the performance of State
Coastal Management Programs on a continuing basis.

Section 315 authorizes grants to States to acquire lands for
access to beaches and other public coastal areas of environmental,
recreational, historical, aesthetic, ecological, or cultural value,
and for the acquisition of islands for preservation in addition to the
estuarine sanctuary program to preserve a representative series of
undisturbed estuarine areas for long-term sciencif ic and educational
purposes.

z-3

HOW THE FLORIDA COASTAL MANAGEMENT PROGRAM MEETS THE REQUIREMENTS OF
THE COASTAL ZONE MANAGEMENT ACT

Sections of
Federal Approval
Regulations Location
Section of the Act (15 CFR) in FCMP
(Page)

306(a) which includes the
requirements of Section 305:
305(a)(1): Boundaries 923.31, 923.32, II-10
923.33, 923.34
305(b)(2): Uses subject to 923.11 II-12
management
305(b)(3): Areas of particular 923.21, 923.23 II-144
concern
305(b)(4): Means of Control 923.41 II-12
305(b)(5): Guidelines on priorities 923.21 II-144
of uses
305(b)(6): Organizational structure 923.46 II-255
305(b)(7): Shorefront planning 923.24 II-348
process
305(b)(8): Energy facility planning 923.13 II-325
process
305(b)(9): Erosion planning process 923.25 II-351

306(c) which includes:
306(c)(1): Notice; full partici- 923.58, 923.51 II-358
pation; consistent with
Section 303
306(c)(2)(A): Plan coordination 923.56 II-358
306(c)(2)(B): Continuing consul- 923.57 II-358
tation mechanisms
306(c)(3): Public Hearings 923.58 -----
306(c)(4): Gubernatorial review and 923.48 II
approval
306(c)(5): Designation of recipient 923.47 --
agency
306(c)(6): Organization 923.46 II-255
306(c)(7): Authorities 923.41 II-12
306(c)(8): Adequate consideration 923.52 II-284
of national interest
306(c)(9): Areas for preservation/ 923.22 II-169
restoration

306(d) which includes:
306(d)(1): Administer regulations, 923.41 II-12
control development, II-255
resolve conflicts
306(d)(2): Powers of acquisition, 923.41 II-12
if necessary II-144

I-4

Sections of
Federal Approval
Regulations Location
Section of the Act (15 CFR) in FCMP
(Page)
306(e) which includes:
306(e)(1): Technique of control 923.42, 923.44 II-12
II-155
306(e)(2): Uses of regional benefit 923.12 II-281

307 which includes:
307(b): Adequate consideration of 923.51 II-358
Federal agency views
307(c): Federal consistency; 930 II-310
activities, licenses,
and permits
307(d): Federal consistency; 930 II-310
assistance to state and
local governments
307(f): Incorporation of air and 932.45 II-12
water quality requirements

PART I I

DESCRIPTION OF THE PROPOSED ACTION -
THE FLORIDA COASTAL MANAGEMIENT PROGRAM

STATE OF FLORIDA

(Office of tile Q6otwrut
THE CAPITOL
TALLAHASSEE 32304

B{IGXRAHAM
GOVERNOR

August 3, 1981

Mr. William Matuszeski
Acting Assistant Administrator
Office of Coastal Zone Management
National Oceanic and Atmospheric
Administration
United States Department of Commerce
3300 Whitehaven Street, Northwest
Washington, D.C. 20235

Dear Mr. Matuszeski:

I am pleased to submit for your review and approval the
final Environmental Impact Statement of the Florida Coastal
Management Program under the joint auspices of your office
and the State of Florida.

This document represents a program which meets and exceeds
the requirements for State coastal programs under the Coastal
Zone Management Act of 1972, as amended, and under regulations
promulgated by OCZM under that Act. The Management Program
is an enforceable instrument of State policy, which I will
carry out.

Therefore, I request that you grant approval to the Florida
Coastal Management Program under the terms of Section 306
of the Federal Coastal Zone Management Act. Pursuant to
Section 380.22, Florida Statutes, the DER is the single
designated agency to receive and administer the implementa-
tion grants.

We look forward to continued cooperation with OCZM during
the final review process and then continuation of this
relationship during the administration of the program.

Mr. William Matuszeski
Page Two

Please contact Ms. Victoria J. Tschinkel, Secretary, Depart-
ment of Environmental Regulation, or Mr. David R. Worley,
Program Administrator, Office of Coastal Management, Depart-
ment of Environmental Regulation for any assistance.

With kind regards,

Sincerely,

BG/rdd

Enclosure

SECTION ONE

is ~~~~~~~~INTRODUCTION
A. HISTORICAL BACKGROUND AND PRESENT DIRECTION

Florida's coastal region is its most important asset. The coast
is important economically and biologically, as well as aesthetically
and is the choice of residence for more than 75% of the state's
population. The principal transportation terminals for people and
goods, most of the commercial centers, and many of the major industrial
centers and military bases are in the coastal region. The coast is
visited by almost all of the more than 32-million tourists who visit
the state each year. It is a recreation center for both citizens and
visitors. By the year 2000, if trends continue, the Florida coastal
region will contain 10-million permanent residents and will serve a
yearly influx of several times that many visitors.

Florida, especially its coastal counties, has experienced
extremely rapid growth during the 1960's and 1970's. This growth has
placed tremendous pressure on the coastline, and has threatened its
attractiveness as a natural area. During the past decade, Florida's
leaders began to recognize that many of the state's coastal areas were
in serious trouble. Man's uncontrolled and unplanned activities were
-degrading coastal resources at an unprecedented rate. Flood control
and land development caused water shortages and degraded water quality
* ~in the Everglades basin and in much of southeast Florida. Estuarine
resources, dependent upon fresh water runoff in the proper amount,
quality, and timing, were threatened. Massive fish kills occurred in
Escambia Say and other estuarine areas. Much of Boca Ciega Bay was
sacrificed for houses. Many major shellfish beds were declared unsafe;
some were destroyed. Popular swimming areas became unuseable because
of pollution. Development caused severe erosion of once beautiful
beaches to the extent, in many cases, of destroying some of the struc-
tures built on those beaches. The list was long, and was getting
longer.

In 1967, the State of Florida embarked on more than a decade of
special legislative attention to resource management. Attention
focused first on protecting the natural resources from any continuation
of the previous abuse and shortsightedness. Later attention shifted to
the practical problems of implementing natural resource policies,
particularly those of duplication, coordination, and delays in
licensing decisions.

Legislation dealing specifically with coastal management was
first passed in 1970, when the Legislature created the Coastal Coor-
dinating Council. Council members and staff were involved in coastal
planning from September, 1970 through June 30, 1975, and considerable
progress was made toward the development of a coordinated coastal
resource management program. The 1975 Legislature abolished the

Coastal Coordinating Council and transferred its duties and functions
to the Department of Natural Resources (DNR). Legislation in 1977
transferred the program to the Department of Environmental Regulation
(DER).

In 1978, the Legislature renewed its commitment to coastal
management with passage of the Florida Coastal Management Act of 1978
(FCMA). While in some states, a coastal zone management program has
been the impetus for establishing a new environmental regulation and
planning program, the FCMA implied a legislative consensus that Florida
has adequate legislation to manage the coastal zone effectively. The
Act expressly neither amends existing statutes nor provides additional
regulatory authority. The Legislature directed that the program be
structured around existing statutes and rules with emphasis on improved
coordination of state management efforts. The statute does not
restrict the development of new rules by agencies under other statutory
authority.

Governor Graham, in giving his committment to the Florida Coastal
Management Program, observed that 'The development of a coastal
management program in Florida which will meet the requirements for
approval under the Federal Coastal Zone Management Act is of the
highest priority to me." (October, 1979). The Governor reiterated his
support by designating 1980 as "The Year Of The Coast" in Florida. In
order to implement the coastal management effort through existing laws,
regulations, and programs, Governor Graham formed the Interagency
Management Committee in October, 1979 (see Part II, Section Two). The
Committee consists of the managers of several state agencies, and is
directed to identify and, where possible, resolve weaknesses,
conflicts, or inconsistencies in the laws and programs which are
components of the coastal management program.

Consequently# the emphasis in Florida will be on refinement, not
expansion, of the existing management scheme; to improve the quality of
resource decisions; to improve the administration of the law; to reduce
unnecessary procedures; to identify gaps in laws or regulations which
inhibit prudent decision-making; to obtain increased control for the
citizens of Florida over impacts on their resources through federal
consistency; to provide more guidance and predictability to the private
economic sector; to enhance existing state capability to manage its
coastal resources through federal coastal management funding; and to
better manage coastal energy impacts through the expenditure of federal
coastal energy impact funds.

Through this document, the State of Florida seeks to demonstrate
compliance with federal program approval requirements in two ways:
it attempts to describe and, analyze the existing state system to
demonstrate that Florida has programs sufficient to meet federal
requirements; and it attempts to demonstrate that Florida has a grasp
of program areas in which improvements are needed by setting out issues
of special focus and suggesting possible approaches to resolve them.

11-2

With regard to the second function, this document sets three
O ~general categories of issues: Resource protection and restoration;
coastal development; and coastal hazards and protection. The problems
associated with each are discussed in detail along with recommendations
in the "Issues of Special Focus". In general, these issues focus on
the conflicts between public goals related to the protection of coastal
resources and the associated uses and activities that impact on those
resources. The following overview introduces some of the broad
problems and issues facing the State in the management of its coastal
resources.

B. FLORIDA'S COASTAL REGIONS: BENEFITS; PROBLEMS; ISSUES

BENEFITS OF THE COASTAL REGION

In its natural state, the coastal region provides a variety of
social, economic, and environmental benefits. Many are not readily
apparent; they are produced by nature and accrue to the public as a
whole.

Florida's wetlands serve many purposes, including their natural
function as a sponge and reservoir to store water, to recharge
aquifers, and to provide a hydrostatic head which protects fresh water
supplies from salt water intrusion. The storage and slow, gradual
release of water also helps regulate the salinity balance in Florida's
productive coastal estuarine ecosystems.

Wetlands also are natural filters. They maintain water quality
and reduce the adverse effects of runoff from upland sources. Wetlands
efficiently absorb and filter sediments, particulates, nutrients, and
organics. Moreover, wetland systems, including mangroves, marshes, and
submerged grass beds, control erosion by trapping and binding sediments
and preventing highly turbid water conditions.

Coastal wetlands and adjacent estuarine areas provide an extremely
productive habitat, nursery ground, and food supply for a vast array of
fish and wildlife. As wetlands filter nutrients, decomposition
converts the material to a form usable by marine and aquatic life.
Coastal waters and wetlands provide a sheltered corridor for migratory
fish and wildlife. Coastal estuaries and rivers play a key role in
sustaining commercial and sport fisheries. Fisheries are an important
economic product of the coast, and some 80% of the value of Florida's
Gulf and Atlantic fisheries is estuarine dependent. Moreover, the
coastal regions, particularly the wetlands, estuaries, and nearshore
waters, contain the primary remaining habitats for many endangered or
threatened species fou-nd in Florida.

coastal wetlands are buffers against storm surge and flood
waters. They dissipate wave energy and store flood waters. Undevel-
oped barrier islands also function as natural buffers, protecting
mainland areas from the full force of storms. In this sense, coastal
* ~features are natural defense mechanisms which soften the hazards of

I1-3

man's use of coastal areas. Coastal bays, estuaries, and rivers
provide harbors of refuge from hurricanes for boats as well as for
wildlife.

The recreational values of Florida's coastal regions are another
significant benefit of both economic and social importance. Tourism is
the leading industry in Florida, and coastal areas are the state's
major tourist attraction. In a recent state survey, beaches received
the single highest response from tourists asked which recreational
resources they looked forward to visiting in Florida. Florida resi-
dents spend much of their leisure time in coastal regions swimming,
fishing, hunting, boating, photographing and camping.

The coastal region also has aesthetic and cultural appeal to both
residents and tourists. It is rich with aesthetically pleasing
scenery, fish and wildlife, and historic and archaeological sites. To
the scientific, engineering, technical and educational communities,
coastal areas offer a challenge, and an opportunity to study and solve
a wide variety of problems. The long-term impacts of man's activities
on physical, chemical, and biological interrelationships along the
coast are unknown or poorly understood. Florida needs to protect and
utilize coastal resources in a manner which will consider public needs
and be representative of diverse social values.

The climate of the Florida peninsula, which has attracted millions
of -residents and tourists, and also is important to agriculture, is a
result of many factors including its relationship to coastal waters,
coastal vegetation, and Florida topography. Coastal waters, including
the wetlands and large intertidal expanses, are largely responsible forW
the moderate climate, keeping winters warmer and summers cooler than in
inland areas.

The coastal region is equally important because of its importance
to commerce and economic development. In addition to being sites for
ports and harbors, coastal waters are routes for the water-borne
transportation of goods such as oil and agricultural products. In
Florida particularly, coastal areas provide primary sites for large
electrical generating facilities which, because of limited inland
water supplies, need access to coastal waters for cooling. Coastal
areas also may have minerals such as sand, shell, phosphate, and oil
and gas.

If not under stress, the natural systems which provide these
benefits are self-regulating and can work for society indefinitely.
The benefits are free and use natural sources of energy. This is
especially relevant considering the current and anticipated rise in
energy prices. All of the benefits are available to present and future
generations if society is willing to manage the development of these
areas to avoid stressing natural systems.

PROBLEMS AND ISSUES
The rapid, often unplanned, growth that has occurred in Florida's i
coastal areas has led to a number of specific problems and issues is

11-4

which give impetus to the development of a coastal management program.
. ~Many of the problems and issues relate to water quality and to land-
and water-use conflicts. Related impacts on these problems and issues
is the consideration of short-term versus long-term economic
productivity. The resolution of these problems and issues depends on
the development of a soundly based system of resource management and a
coordinated governmental approach.

Problems along the coast may originate in one environmental
system, but because of the unique topography, climate, geology, and
hydrology of Florida, may affect other systems. Many are conveyed by
the water regime; changes in water quality, quantity, surface area, or
flow patterns probably have the greatest adverse impact on other
coastal resources. Not only do some environmental problems cause other
environmental problems, they also create economic burdens and affect
the social attitudes of Florida's citizens and tourists.

RESOURCE PROBLEMS AND ISSUES

Increased economic activity has created pressure on the resources
of Florida's coastal areas. Shoref rant areas are highly desirable for
development. As a result, residential, commercial, industrial, and
public uses often are in direct competition for the limited shorefront
space. Urban development, and activities associated with the use of
coastal lands, are critical problems. Related coastal use problems
include: the degradation of water quality; the shortage of fresh water
supply; the loss of important, ecologically valuable natural areas;
. ~beach erosion; loss of aesthetic cultural resources, development in
flood prone areas; constraints on public beach access, and
deteriorating air quality problems.

Extensive development may cause marine and estuarine water quality
to deteriorate. Florida's environmental legislation has slowed and, in
some areas in recent years, has reversed the deterioration of water
quality. Many areas, however, still are polluted or show signs of
deterioration. Uses and activities which affect the quality of coastal
waters include sediment runoff, dredging and filling, discharge of
industrial and sewage effluents (including septic tank seepage), and
disposal of solid waste materials.

Groundwater systems or other fresh water supplies are crucial to
use of the coast. Without an adequate supply of drinking water, people
cannot live in coastal areas. The demand for water by agriculture and
industry, especially where there is competition for potable water,
creates major conflicts. Shortages of potable water also are caused by
saltwater intrusion from over-used aquifers and from stream and wetland
channelization. Economic losses occur when potable water becomes
scarce, In South Florida, where local aquifers are used heavily,
groundwater quality and quantity cause many development problems.

The most attractive coastal areas for economic activities
frequently are ecologically fragile and extremely vulnerable to devel-
* ~opment of any kind. Ecologically valuable mangroves, coastal marshes

I1-5

and beaches have been destroyed to accommodate development of residen-
tial, industrial, resort, or marine projects. The natural function of
vital estuarine areas often has been impaired by development. These '
losses are irrevocable in most cases, and contribute to declining
marine fisheries as well as other coastal resource related problems.

Beach erosion is closely related to the loss of natural areas.
Improper development too close to the water has caused erosion in many
prime beach areas, destroying recreational and aesthetic value, as well
as causing loss of life and property. Destruction of primary dunes has
eliminated the ability of beaches to buffer the effects of storms.

One of the most important assets of Florida's coastal region is
its exceptional aesthetic attractiveness. The beauty of shorelines has
attracted both residents and visitors. Haphazard development, and the
location and type of development along the shorefront, are major
concerns. The aesthetic features which draw people to Florida are
disappearing rapidly in many areas of the coast.

In many other areas, extensive urban development has occurred in
the flood zone, and a disaster of major proportions could occur in the
event of a sizable hurricane. Barrier islands and low-lying finger-
fill canal developments are particularly susceptible. Between 1900 and
1975, hurricanes inflicted approximately $1.5 billion of damage on
Florida's coastal areas. The damage from one major hurricane occurring
today in an extensively developed South Florida area could approach the
total figure for the entire 1900-1975 period.

intensive commercial and residential development in beach areas
has restricted public use of the beaches. Property owners are not
required to provide access to the publicly-owned wet sand beach. Even
where public access is available, the presence of residential or resort
development often presents a psychological barrier to would-be beach
users. many existing public beaches are in heavy demand and use,
causing beach litter, erosion, and other problems.

Development in coastal areas also affects air quality. With
people come automobiles, the greatest single air pollution source in
the coastal area. Other sources, industrial and domestic, are
contributing pollutants to the coastal airshed. Coastal air pollution
has not been a widespread problem up to this point, but as growth
continues, air pollution will need increased attention.

ECONOMIC DEVELOPMENT PROBLEMS AND ISSUES

The resource problems discussed above are related to the issue of
short-term versus long-term benefits. Experience shows that the
allocation of coastal. resources often results in short-term economic
benefits-being favored over long-term resource productivity. In the
last several years the state has recognized that major development
projects often have adverse effects on coastal resources and has tried

to provide mechanisms to minimize these effects. There is less ability
. ~to consider the potential cumulative adverse effects of many, small
projects.

Gradual piecemeal coastal development generally is not thought of
as causing an economic loss. However, small, incremental impacts pose
a serious problem in terms of economic productivity. For instance,
storm water runoff from one small housing project may have little, if
any, discernible impact on coastal waters. But, runoff from several
projects may, in time, result in the loss of these waters as recre-
ational or shellfish resources. The aggregate effects of minor
projects must be considered.

Florida's coastal resources and amenities represent important
economic assets. The attractive setting and climate draws permanent
residents and tourists in ever-increasing numbers. From 1970 to 1980,
the state's population grew by 43.4 percent, reaching 9.7 million.
Population increases in coastal counties accounted for 72.4 percent of
that growth. Over the same time span, the number of tourists visiting
Florida rose from 23.2 million per year to 35.9 million per years a
54.7 percent increase.

While this influx of people has been a major factor underlying
Florida's rapid growth in jobs and income, it also has resulted in
economic problems for Florida coastal areas. This has particularly
been the case for the southern counties on the Gulf and Atlantic
coasts. These counties typically have featured rapid population
. ~growth--often derived largely from immigration of retirees--and
sizable tourism industries.

The high rate of population growth can strain the ability of
local governments to provide needed public services. Such growth can
encourage the haphazard conversion of prime agricultural and
recreational land to residential development uses. A residential
construction industry, vulnerable to recessionary forces, can be fueled
by this population growth. Finally, depending on the financial state
of the older persons moving to an area, an influx of retirees can hold
down per capita income. While most Florida coastal counties having
large concentrations of retirees are relatively affluent, these same
counties have some residents who are both elderly and poor. Further-
more, at least two coastal counties evidence an-association between a
large retiree population and low per capita income. Such an associa-
tion usually is attributed to the fact that many retirees are on fixed
incomes derived from Social Security or other pension plans.

While the effects of tourism on the economy of an area generally
are quite positive, the jobs provided are mainly in the trade and
services industries, and tend to be relatively low-paying. in
addition, tourist activity usually is rather seasonal, resulting in
difficulty for those members of the labor force needing year-round
employment.

11-7

The economic problems of a number of Florida's rural, Gulf Coast
counties are somewhat different. For the most part, these counties
have lacked the economic impetus provided by rapid population growth i
and a large tourism industry. While this has meant avoiding many of
the problems of the more developed coastal areas, these counties
generally suffer from a lack of economic opportunities for their
residents. The limited number of agricultural, trade and service jobs
which are available often are comparatively low-paying. Per capita
income in these counties tends to be among the lowest in the State. In
past years, many younger residents have migrated to other areas seeking
better employment. Often a single major manufacturing industry
dominates the area, and dependence on that one industry can make the
area subject to severe problems during various cyclic downturns. Also,
there is a self-reinforcing character to the economic problems of rural
coastal counties. As relatively underdeveloped areas, they often lack
the skilled labor force and the industrial infrastructure (industrial
sites with road or rail access and utilities) which would enable them
to attract more employers.

Almost all economic problems in coastal areas are related to the
absence of a diversified economic structure. State and local
governments must encourage development of clean, non-polluting
industry, and guide it to areas suitable for development which are
economically depressed and most lacking in economic balance. The
Florida Coastal Management Program will provide assistance with guiding
development to areas where it is most suitable and most needed. An
important consideration is economic development-for water dependent
uses such as ports, power plants, and marinas.

GOVERNMENTAL PROBLEMS AND ISSUES

As is evident from the previous discussions, the problems related
to management of Florida's coastal resources are multi-faceted. The
basic administrative problem facing coastal management in Florida is in
the multiplicity of state, regional, and local management bodies.
Improved inter- and intra-governmental processes for resolution of
conflicts between public and private goals and interests is necessary.

At least twenty-six federal, state, regional, and local agencies
may be involved in coastal management with roles ranging from direct
land- and water-use regulation to limited advisory activities. There
often is-no clear-cut delineation of functions among the various
federal, stater 35 county and more than 160 municipal, and regional
government agencies involved with management of state coastal
resources. Integrating these authorities into a framework which
recognizes and involves the various interests and which clearly
demonstrates that major coastal impacts are systematically managed is
perhaps the greatest challenge facing the state program.

An approvable coastal management program must show that the state
has the legal and administrative ability to carry out its policies and
objectives (Part II, Section II). There must be a direct relationship

between the problems and issues, the methods of solving them, and the
legal and administrative basis of the program. A central theme through
. ~the program development effort is recognition of the need to simplify
administrative processes, avoid unnecessary duplication, and to build
upon existing mechanisms. Thus, the major mission of the FCMP
continues to be the balancing of economic and environmental considera-
tions; increasing the efficiency and predictability of governmental
actions, and coordinating planning and management efforts..

Specifically, the goals of the Florida Coastal Management Program
are as follows:

1. To provide a coordinated intergovernmental approach for the
management of coastal areas.

2. To implement a balanced management program for the protection
and development of coastal resources by improving the
administration of state programs affecting key coastal uses
and areas.

3. To improve local government capabilities to address key
coastal management issues.

By achieving these goals, the Florida Coastal Management Program
will benefit:

- The investor and developer, by enabling each to make
commitments with greater confidence;

- Local governments, by giving them the opportunity to play
a more effective role in the management, protection, and
use of coastal resources;

- State agencies, by improving their ability to make more
effective resource management decisions, and to address
the cumulative effects of individual activities; and

- The public, by increasing its role and its opportunity to
participate in resource management decision-making.

* 11~~~~~~~~~I-9

SECTION TWO

SCOPE OF THE FLORIDA COASTAL MANAGEMENT PROGRAM

A. BOUNDARY

Section 305(b)(1) of the federal Coastal Zone Management Act of
1972 requires that a state management program identify the boundary of
the coastal zone which is subject to the management program. There are
four elements to a state's coastal boundary: the inland boundary,
excluded areas, the seaward boundary, and interstate boundaries. Based
upon the geography of Florida and the legal basis for the state
program, the entire state is proposed to be included within the coastal
zone, (except for lands owned, leased, held in trust or whose use is
otherwise by law subject solely to the discretion of the federal
government, its officers or agents). Also excluded are lands of the
Seminole Indian Tribe.

Geographically, Florida has low land elevation, a generally high
water table, and an extensive coastline with many rivers emptying into
coastal waters. Few places in Florida are more than seventy miles from
either the Atlantic Ocean or the Gulf of Mexico. The result is an
interrelationship between the land and coastal waters which makes it
difficult, if not impossible, to establish a scientifically supportable
boundary which would exclude inland areas having no significant effect
on coastal waters.

The Florida Legislature has directed that the Coastal Management
Program be based upon existing laws and regulations; s. 380.21(2), F.S.
No new regulatory scheme is being proposed or created by the state
coastal management program. The laws and regulations upon which the
state's program is based, are laws of statewide applicability.
Consequently, the establishment of a coastal boundary line including
less than the entire state would give the erroneous appearance that a
new regulatory scheme had been created for a portion of the state and
would lead to needless public confusion. Within this statewide coastal
zone, however, there exist two tiers. Local governments eligible to
receive coastal management funds are limited to those Gulf and Atlantic
coastal cities and counties which include or are contiguous to State
waters where marine species of vegetation listed in 17-4.02(17) F.A.C.
constitute the dominant plant community. (See Table 15 for list of
eligible cities and counties.) The same inland boundary applies to
federal consistency review of federally licenced or permitted
activities listed in 380.23(3)(c) F.S. The Federal licenses and
permits listed are presumed to be reviewable by the State for
consistency with the FCMP when they occur in or seaward of the
jurisdiction of those coastal cities and counties. (See Section 2.H.,
Federal Consistency.) The following is a description of the seaward
and interstate boundaries.

SEAWARD BOUNDARIES

GULF i

The United States Supreme Court has recognized that Florida has
a seaward boundary of three marine leagues, or approximately 10.35
statute miles in the Gulf (U.S. vs. States of Louisiana, Texas,
Mississippi, Alabama, and Florida, 364 U.S. 502, 81 S. Ct. 258, 5 L.
Ed. 2nd. 247, 1960). Hiowever, the Federal Coastal Zone Management Act
defines the seaward extent of the coastal zone as the outer limit of
the U.S. territorial sea, currently three nautical miles. Thus, for
the purposes of the Florida Coastal Management Program only, the
seaward limit of three nautical miles represents the area within which
the state's management program may be authorized and financed through
CZMA Section 306 funds. This seaward boundary does not in any way
alter the state's claim to ownership of all land and waters to a
distance of 10.35 statute miles.

ATLANTIC

The seaward boundary in the Atlantic is the same as the U.S.
territorial sea definition, i.e., three nautical miles. These limits
are irrespective of any other claims Florida may have by virtue of the
Submerged Lands Act or any changes that may occur as a result of the
operation of the Fisheries Conservation and Management Act of 1976.

INTERSTATE BOUNDARIES

The western lateral boundary of Florida's Coastal Management
Program is defined by the adjudicated boundary between Florida and
Alabama. The coastal zone boundary in Alabama is the 10' MSL contour
in Mobile and Baldwin Counties. The northern lateral boundary of the
state's coastal program is the adjudicated boundary between Florida and
Alabama as well as Florida and Georgia. The coastal zone boundary in
Georgia is an area averaging about 20 miles inland within portions of
six coastal counties. Each state, with the development of its own
coastal management program, has consulted with one another to ensure
compatibility between each state's respective boundary designations.

The following section, Program Authorities and Policies, sum-
marizes the applicable laws and regulations utilized in the state's
program. Based on these existing authorities, the Florida Coastal
Management Program will use several management schemes to identify
certain areas of particular state interest where additional management
measures are applied. See the Areas of Special Management discussion
in Part C of this Section.

B. DESCRIPTION OF STATUTORY AUTHORITIES AND POLICIES

is ~~~~~~~~Introduction
The primary state authority for the FCMP is the Florida Coastal
Management Act of 1978, Part II of Chapter 380, F.S. This statute
expresses the Legislative intent toward management of the state's
coastal area, and authorizes the Department to develop a coastal
management program. The Legislature declared that the coast contains
natural, commercial, recreational, ecological, industrial and aesthetic
resources, and that it is in the state and national interest to
"Protect, maintain and develop these resources through coordinated
management'. Based upon this authority, the Department has compiled a
program of policies and legal authorities codified under the Florida
Statutes.

IThese statutes are listed in Table I and are discussed in this
section. The statutes that constitute the FCMP are of three general
types. Most establish state policy on substantive matters such as
fisheries, water resources, and state lands. Other statutes combine
substantive policy and procedural matters. An example of this kind of
statute is the Industrial Siting Act. It should be noted that the
State will utilize these first two types of authorities in its federal
consistency reviews. Finally, some statutes are primarily procedural,
and establish processes for developing or implementing state policy.
Three statutes which fall into this category include the Administrative
Procedures Act, the Public Records Act, and the Regional Planning
Council Act.

These statutes were selected for the FCKP since the State must
develop a balanced program for the protection and development of the
coast, and also must meet a multitude of federal coastal management
program approval requirements. Each statute is discussed in detail in
the following section. The land and water uses and development
activities managed under these authorities are the uses subject to the
state's coastal management program. Copies of the laws, and their
related regulations, are printed in a separate Appendix available upon
request from the Office of Coastal Management. Citations to the
Florida Statutes are indicated by the abbreviation FP.S.n, and refer-
ences to the implementing rules in the Florida Administrative Code, by
OF.A.C.". The statutes serve as the basis for the enforceable policies
of the program.

since publication of the DEIS the Florida Legislature has passed
two important bills relating to resource management. These bills are
the "Ports Bill' (CS/HB 490) and the wSave Our Rivers Bill' (SE 620/HB
535). summaries of these bills are included on pages 11-33 and II-95,
respectively, and copies of the actual bills are included in the
Addendum.

in addition to program policies established in the program
authorities, Florida's Governor, Bob Graham, has set a number of goals
toward which the state will strive over the 1981-83 biennium. The
goals, and their associated policy statements, are intended to
is establish the Governor's funding priorities for the state's biennial

i1-12

budget, and are used as guidance by state agencies as they prepare
budget requests and program plans for the Governor's consideration.
The goals include, in part:

--To diversify Florida's economy so as to better withstand
adverse national economic fluctuations and to maximize
opportunities associated with future national economic
conditions and characteristics.

--To develop and implement a coastal resource management
program to protect coastal resources.

--To manage water and related land resources to provide public
protection, water supplies, environmental quality protection,
and energy conservation.

--To improve outdoor recreational opportunities through devel-
opment and implementation of a new outdoor recreation plan.

--To increase the emphasis on providing cultural opportunities
and preserving Florida's history.

--To provide better transportation access to jobs, services,
recreational sites and other resources.

--To provide for the economic diversification and stability of
the State by delivering transportation facilities and
services needed to support existing, expanding, and new
businesses.

There are several policies directly related to the Coastal
Resources goal. They are:

--The state shall continue the acquisition of coastal prop-
erties, particularly beaches, access ways, and important
estuary resources.

--The state shall discourage development and other activities
which adversely affect beaches, barrier islands, dunes,
coastal wetlands, and other coastal resources.

--The state shall develop a comprehensive hazard prevention and
mitigation program for storms and hurricanes.

--The state shall maintain sustained yields of marine fisheries
by basing commercial and sportfishing management practices ir
biological analysis.

--The state shall develop an integrated policy framework for
managing coastal resources encompassing interagency and,
intergovernmental cooperation through the Interagency
Management Committee.

11-13

Table 1

Chapter of Corresponding Legal
Florida Statutes Authorities Discussions

1. Chapter 23, F.S. State Comprehensive Planning,
Power Plant Site Plans

2. Chapter 119, F.S. Public Records

3. Chapter 120, P.S. Administrative Procedures

4. Chapter 160, P.S. Regional Planning Councils

5. Chapter 161, P.S. Coastal Construction

6. Chapter 252, P.S. Disaster Preparedness

7. Chapter 253, P.S. Sale, Lease, or Other
Conveyance and Dredging
and Filling in Submerged
Lands and Wetlands

8. Chapter 258, P.S. Outdoor Recreation and
Conservation

9. Chapter 259, P.S. Outdoor Recreation and
Conservation

10. Chapter 260, P.S. Outdoor Recreation and
Conservation

11. Chapter 267, P.S. Historic Preservation

12. Chapter 288, P.S. Economic Development/
Industrial Siting

13. Chapter 315, P.S. Port Facilities Financing

14. Chapter 334, P.S. Public Transportation

15. Chapter 366, P.S. Public Utilities

16. Chapter 370, P.S. Living Resources (marine)

17. Chapter 372, P.S. Living Resources (fresh-
water)

18. Chapter 373, P.S. Withdrawal, Diversion,
Storage, and Consumption
of Water

19. Chapter 375, P.S. Outdoor Recreation and
Conservation

II-14

Table I Continued

Chapter of Corresponding Legal
Florida Statutes Authorities Discussions

20. Chapter 376, F.S. Pollutant Spill Prevention
and Control

21. Chapter 377, F.S. Oil and Gas Production

22. Chapter 380, F.S. Developments of Regional
Impact and Areas of Critical
State Concern, Coastal
Management

23. Chapter 388, F.S. Arthropod Control

24. Chapter 403, F.S. Sources of Water Pollution;
Sources of Air Pollution;
Power Plants; Dredging and
Filling; Control of Hazardous
Wastes; Resource Recovery

25. Chapter 582, F.S. Soil and Water Conservation

26. CS/SB 490 "Ports Bill'

27. SB 620/HB 535 "Save Our Rivers Bill'

--The state shall direct public funds, such as roads and
sewers, to suitable areas where natural resources can support
growth, where economic conditions are depressed, and where
the potential danger to human life and property from natural
hazards, such as floods and hurricanes, is minimal.

The Legislative goals contained in the description of the statu-
tory authorities constitutes the enforceable policies of the program.

Authorities and Policies

SOURCES OF WATER POLLUTION

The Florida Air and Water Pollution Control Act (Chapter 403 F.S.)
was enacted in 1967, and has been amended at several subsequent
sessions of the legislature. The Act was passed in response to a
growing concern about the environmental and health impacts of indus-
trial and domestic waste discharges and emissions. It recognized that
it is Florida's pleasant climate, clean air and abundance of sunshine
and water resources which have attracted the majority of its citizens.
Rapid growth in Florida's population served to exacerbate the problem,
making the need for control essential and apparent. The Act is
administered by the Florida Department of Environmental Regulation
through a central office located in Tallahassee and in field offices
located throughout the state. The majority of permitting and
enforcement is conducted in the field offices.

LEGISLATIVE GOALS

Section 403.021(2), F.S., provides that:

It is declared to be the public policy of this
state to conserve the waters of the state and
to protect, maintain, and improve the quality
thereof for public water supplies, for the
propagation of wildlife, fish and other aquatic
life, and for domestic, agricultural, industrial,
recreational, and other beneficial uses, and to
provide that no wastes be discharged into any
waters of the state without first being given
the degree of treatment necessary to protect
the beneficial uses of such water.

Section 403.021(6), F.S., provides that:

The Legislature finds and declares that control,
regulation, and abatement of the activities which
are causing or may cause pollution of the air or
water resources in the state and which are or
may be detrimental to human, animal, aquatic,
or plant life, or to property, or unreasonably
interfere with the comfortable enjoyment of life
or property be increased to insure conservation

II-16

of natural resources, to insure a continued safe
environment, to insure purity of air and water,
to insure domestic water supplies, to insure
protection and preservation of the public health,
safety, welfare, and economic well-being, to
insure and provide for recreational and wildlife
needs as the population increases and the
economy expands, and to insure a continuing
growth of the economy and industrial development.

WATER POLLUTION CONTROL

Waters

The Department has jurisdiction over natural and artificial bodies
of water which include, but are not limited to "... rivers, lakes,
streams, springs, impoundments, and all other waters or bodies of
water, including fresh, brackish, saline, tidal, surface or under-
ground. Waters owned entirely by one person other than the state are
included only in regard to possible discharge on other property or
water. Underground waters include, but are not limited to, all
underground waters passing through pores of rock or soils or flowing
through in channels, whether man-made or natural"; F.S. 403.031(3).

General Powers

The Department has the authority to develop plans, adopt
standards, require permits, conduct surveillance, and initiate
enforcement actions; F.S. 403.061, 403.087, 403.088, 403.091,
403.121, 403.131, 403.141, and 403.161.

STANDARDS

Water Quality Criteria

Florida's water pollution control program has been developed
largely through grants from the U.S. Environmental Protection Agency
and is an approved state program under Section 106 of the Federal Water
Pollution Control Act, as amended. As a result of the Department's
water quality planning process, a comprehensive set of water quality
standards has been adopted as Chapter 17-3 of the Florida
Administrative Code (F.A.C.). Approximately 175 standards address
biological integrity, chemical constituents (including pesticides,
herbicides, and metals), transparency, toxics, radioactive substances,
odor, bacteria, nutrients, dissolved oxygen, and pH. They include
general minimum water quality standards, which apply to all waters at
all times, and additional water quality standards which apply to
specific water classifications; ss. 17-3.051 through 17-3.151, F.A.C.

All of the waters in the state have been classified under one of
seven classifications: Class I-A, Potable Water Supplies - Surface
Waters; Class I-B, Potable and Agricultural Water Supplies and Storage
- Groundwaters; Class II, Shellfish Propagation or Harvesting - Surface
Waters; Class III, Recreation, Propagation and Management of Fish and

11-17

Wildlife - Surface Waters; Class IV, Agricultural Water Supplies -
Surface Waters; Class V-A, Navigation, Utility, and Industrial use -
Surface Waters; and Class V-B, Freshwater Storage and Utility and
Industrial Use - Groundwaters. The specific classifications are found
in Section 17-3.161, F.A.C.

The classification of a water body, or segment thereof, has been
based upon a consideration of the present and future most beneficial
uses of the water; s. 17-3.011(4), F.A.C. In addition, certain
Outstanding Florida Waters have been designated to receive special
protection in the permitting process beyond that afforded by the
general and class-specific criteria; s. 17-4.242, F.A.C. Outstanding
Florida Waters generally include those in national parks, wildlife
refuges, and wilderness areas; state parks and wilderness areas;
environmentally endangered lands acquired under F.S. 259; the Florida
Scenic and Wild Rivers Program, or the National Wild and Scenic River
Act, (e.g., the Suwannee River, the Loxahatchee River, the Myakka
River); national seashores, marine sanctuaries, estuarine sanctuaries,
and certain national monuments; Florida aquatic preserves; the Big
Cypress National Preserve; and other specifically listed waters. A
complete listing of Outstanding Florida Waters is found in s. 17-
3.041(3), F.A.C. The basic thrust of the special protection provision
applicable to Outstanding Florida Waters is to prevent any lowering of
existing ambient water quality, except on a temporary basis during
construction for a period not to exceed thirty days within a restricted
mixing zone; s. 17-4.242(l)(a)2.b., F.A.C.

VARIANCES; EXCEPTIONS AND EXEMPTIONS

Variances

F.S. 403.201 authorizes the Department to grant variances from
standards for any one of the following reasons:

(a) There is no practicable means known or available for the adequate
control of the pollution involved.

(b) Compliance with the particular requirement or requirements from
which a variance is sought will necessitate the taking of measures
which, because of their extent or cost, must be spread over a
considerable period of time. A variance granted for this reason
shall prescribe a timetable for the taking of the measures
required.

(c) To relieve or prevent hardship of a kind other than those
provided for in paragraphs (a) and (b). Variances and renewals
thereof granted under authority of this paragraph shall each be
limited to a period of 24 months except that variances granted
pursuant to part II may extend for the life of the permit or
certification.

An evidentiary hearing must be held on each variance application.
Such hearings are conducted in accordance with the provisions of
section 120.57, F.S.

II-18

Exceptions

Exceptions from specific water quality criteria may be granted in
situations where certain delineated portions of a water body do not
meet particular standards as a result of natural or man-induced causes
which cannot be controlled or abated with technology or management
practices including zero discharge. A hearing must be held pursuant to
public notice on each petition for an exception, and the petitioner
must affirmatively demonstrate by a preponderance of competent
substantial evidence ... those standards which the petitioner believes
more appropriately apply to the waters for which the exception is
sought, based upon relevant factors which include, but are not limited
to, the designated use of the waters, the extent to which biota have
adapted to the background, evidence regarding ecological stress, and
adverse impacts on adjoining waters; s. 17-3.031(2) and (3), F.A.C.

Exemptions

Exemptions from specific water quality criteria may be granted to
specific dischargers discharging into artificial water bodies
classified for agricultural water supplies (Class IV); Class I-B
groundwaters (potable and agricultural water supplies and storage);
Class V-B groundwaters (freshwater storage and utility and industrial
use); and Class V (navigation, utility, and industrial use); and for
the experimental use of wetlands for low-energy water and wastewater
recycling; for artificial systems used for urban stormwater conveyance
or renovation; for existing permitted discharges comprising the
principal flow. Such exemptions may be granted-only after public
notice and an evidentiary hearing held pursuant to section 120.57,
Florida Statutes. Section 17-4.243, F.A.C., sets forth the specific
demonstrations and findings which must be made for each type of
exemption.

MINIMUM TREATMENT REQUIREMENTS

All discharges of sanitary or industrial wastes must provide at
least secondary treatment. Advanced waste treatment is required for
sanitary wastes discharged to Old Tampa Bay, Tampa Bay, Hillsborough
Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay,
Little Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor or to any
bay, bayou, or sound tributary thereto unless the applicant proves it
is not necessary. In addition, the Department can require advanced
waste treatment for any discharge where it can show that such
additional treatment is necessary; F.S. 403.085 and 403.086. Technical
definitions of secondary and advanced waste treatment are found in
sections 17-6.01(1) and (3), F.A.C.

Under section 17-6.01; F.A.C., the Department has expressly
adopted the U.S. Environmental Protection Agency's technology based
effluent limitations, guidelines, and standards published at 40 C.F.R.
beginning with section 401. In addition, the Department has adopted
supplemental technology based effluent limitations for concentrated
animal feeding operations and for the mining and processing of
phosphate bearing rock, ore, earth or any material for phosphate
content; s. 17-6.01, F.A.C.

PERM ITS

. ~Sources

No source of the discharge of wastes into surface and groundwaters
may be constructed, operated, maintained, expanded, or modified without
a valid permit from the Department unless exempted by rule; F.S.
403.087 and 403.088. Section 17-4.04, F.A.C., specifies those activi-
ties which are exempt from permitting:

1. Septic tank drainfield systems to serve estimated sewage flows of
2,000 gallons per day or less.

2. Domestic sewage treatment plant of a design capacity of 2,000
gallons per day average daily flow or less.

3. Home heating and comfort heating equipment with a gross maximum
heat output less than one million BTU per hour.

4. Comfort air conditioning or comfort ventilating systems.

5. Internal combustion engines, boats, aircraft and vehicles used for
transportation of passengers or freight.

6. Incinerators constructed, installed, or used in one or two-family
- dwellings or in multi-occupied dwellings containing four or fewer
family units, one of which is owner-occupied.

O ~7. The following equipment:

a. Cold storage refrigeration equipment.

b. Vacuum pumps in laboratory operations.

co Equipment used for steam cleaning.

d. Belt or drum sanders having a total sanding surface of five
square feet or less, and other equipment used exclusively on
wood or plastics or their products having a density of 20
pounds per cubic foot or more.

es Equipment used exclusively for space heating, other than
boilers.

f. Non-commercial smoke houses used exclusively for smoking food
products.

g. Bakery ovens and confection cookers where the products are
edible and intended for human consumption.

h. Laboratory equipment used exclusively for chemical or
physical analyses.

11-20

i. Brazing, soldering or welding equipment.

j. Laundry drier, extractors or tumblers for fabrics cleaned
with only water solutions of bleach or detergents. i

8. Non-commercial and non-industrial vacuum cleaning systems used
exclusively for residential housekeeping purposes.

9. Structural changes which cannot change the quality, nature of
quantity of air and water contaminant emissions or discharges or
which will not cause pollution.

10. Dredging and/or filling activities associated with several types
of projects (see discussion of Dredging and Filling in Submerged
Lands and Wetlands in this section).

11. Saltwater disposal wells used for the disposal of water or brine
produced in oil or gas exploration or production activity;
including such wastes as may be normally generated in the course
of such activities which may contaminate the brine or waters but
excluding sanitary wastes or wastes generated by or associated
with any sulphur recovery plant, sweetening plant, gas plant or
refinery; which are permitted by the Department of Natural
Resources pursuant to Section 377.22, Florida Statutes and Section
16C-2.06, F.A.C.

12.- Any article, machine equipment, contrivance, operation, process or
activities which the Department shall determine does not cause the
issuance of air or water contaminants in sufficient quantity, withW
respect to its character, quality or content, and the circum-
stances surrounding its location, use and operation, as to
contribute significantly to the pollution problems within the
State, so that the regulation thereof is not reasonably justified,
and which does not in fact cause the issuance of contaminants in
violation of law or of these rules and regulations. Such deter-
mination shall be made in writing and filed by the Department as a
public record. Such determination may be revoked at any time.
The Department shall notify the Pollution Control Board at each
regularly scheduled meetings in writing of each such determination
or revocation of a previous determination, with the reasons
therefore in each instance.

it should be noted, however, that exemption from the requirement
to obtain a permit, does not relieve the source from compliance with
applicable standards or from enforcement action by the Department to
obtain compliance; S. 17-4.04, F.A.C.; F.S. 403.087(1) and 403.161
(l)(b).

An applicant has the burden of affirmatively providing the
Department with reasonable assurance based on plans, test results, and
other information that the activity for which a permit is sought will
not violate Department standards, rules, or regulations; a. 17-4.07
(1), F.A.C.,, and F.S. 403.087(4). In addition, it must be shown that

II-21

an activity complies with the rules and regulations of local pollution
control programs approved pursuant to s. 403.182, F.S.; s. 17-4.07(4),
F.A.C. Permits for water pollution sources may be valid for no more
than five years; F.S. 403.087(1).

Within 30 days of receipt of an application, the Department must
notify the applicant of any deficiencies and of any additional infor-
mation which is required to evaluate the application; F.S. 120.60(2),
403.088(3)(a), and s. 17-4.05(1), F.A.C. Permit proceedings are
subject to the hearing procedures of section 120.57, F.S., if invoked
by the applicant or third parties who meet the standing requirements of
section 120.52(10) or 403.412(5), F.S.; for a further explanation of
these provisions see Part II, Section IIE of this document.

Permits for water pollution sources fall within one of three
categories; construction, operation, or temporary operation. F.S.
403.088(4) authorizes the issuance of a temporary operation permit for
sources which cannot demonstrate compliance with applicable standards.
However, notice of such application must be given to persons residing
in the drainage areas of the waters receiving the waste, along with an
opportunity for them to present objections. Temporary operation
permits may be valid only for the period of time necessary to install
the equipment or management techniques capable of bringing the dis-
charge into compliance.

All types of permits are issued with conditions to ensure
compliance with standards. Such conditions include the manner, nature,
volume, and frequency of the discharge and operation by persons
licensed by the Department. Additional conditions may be imposed where
necessary to preserve and protect the quality of the receiving waters,
including sampling of the effluent and receiving waters; F.S.
403.087(3), and 403.088(3)(d), and ss. 17-4.07(5), 17-4.14(1),
17-4.24(3)(c), F.A.C.

Sections 17-4.244 and 17-4.245, F.A.C., authorize the estab-
lishment of mixing zones for surface water discharges and zones of
discharge for groundwater discharges. Section 17-610(1), F.A.C.,
authorizes the Department to prescribe water quality-based effluent
limitations where necessary to ensure compliance with water quality
standards. Such water quality-based effluent limitations represent
more stringent limitations on the discharge than those imposed by the
technology-based effluent limitations or minimum treatment standards.

OPERATOR CERTIFICATION

The Department is authorized to establish qualifications for, to
examine, and to license operators of wastewater treatment plants; F.S.
403.101. Such a program has been implemented by the Department
purusant to Chapter 17-16, F.A.C.

NPDES CERTIFICATION

is While the Department has not been delegated federal national
pollutant discharge elimination system (NPDES) permitting, it does

II-22

perform the certification functions set forth in section 401 of the
Federal Water Pollution Control Act, as amended.

SEWAGE TREATMENT PLANT GRANT PROGRAM

The Department administers the federal sewage treatment plant
grant program in Florida in cooperation with the U.S. Environmental
Protection Agency. The program is administered pursuant to the federal
grant requirements and a priority list system approved by the U.S.
Environmental Protection Agency. The final guidelines for wastewater
construction grants are included in the Addendum.

The DER administers the development of areawide waste management
plans under section 208 of the Federal Water Quality Act. The 208
program in Florida is comprised of 12 designated areas, with the
remainder of the state comprising a non-designated area. The plans
for the designated areas are being developed primarily by regional
planning councils, subject to review by DER, and the plans for the
non-designated areas are being developed by DER in coordination with
affected local governments.

NON-POINT SOURCE DISCHARGES

DER regulates the discharge of stormwater into waters of the state
under section 17-4.248, F.A.C., which requires permits for significant
discharges of stormwater. The determination of significance is made on
a case-by-case basis taking into account the location, volume and
frequency, and the anticipated constituents of the discharge, the
probable impacts on water quality and the designated uses of the
receiving waters; s. 17-4.248(5)(e), F.A.C. In imposing abatement
controls, the water quality benefits must be reasonably related to the
costs of the controls; s. 17-4.248(7), F.A.C. An exemption is provided
for certain discharges from swales and by diffuse flow;
s. 17-4.248(11), F.A.C.

REVOCATION OF PERMITS

F.S. 403.087(6) provides for the revocation of permits upon a
finding by the Department that the permit holder:

(a) Has submitted false or inaccurate information in his application;

(b) Has violated law, department orders, rules, or regulations, or
permit conditions;

(d) Has refused lawful inspection under s. 403.091.

A revocation cannot be made effective until a notice and oppor-
tunity for a hearing has been accorded the permit holder; F.S. 403.087
(7) and 120.60(5) and s. 17-4.10 F.A.C. However, a permit can be
suspended on an emergency basis, if the Department finds that an

11-23

immediate serious danger to the public health, safety or welfare
O requires such emergency suspension; F.S. 120.60(6).

COMPLIANCE DETERMINATION

Determinations of compliance with permit conditions are made by
Department field personnel through periodic field inspections and
review of monitoring reports.

ENFORCEMENT

Administrative and judicial enforcement remedies for violations
of permits and agency regulations are provided by Chapter 403, F.S.
The Department can seek damages, civil penalties, temporary and per-
manent injunctions, and criminal sanctions; F.S. 403.121, 403.131,
403.141, and 403.161. Primary enforcement responsibility rests with
the Department's field office, with legal support from the lawyers in
the Office of General Counsel, and technical support from the Division
of Environmental Programs and Office of Enforcement. The progress of
enforcement cases is tracked by the Office of Enforcement.

SOURCES OF AIR POLLUTION

The Florida Air and Water Pollution Control Act was enacted in
O 1967; s. 403.011, F.S. The Act reflected a mounting concern for the
adverse impacts on Florida's air, especially from industrial activi-
ties and from incinerators operated by local governments. It recog-
nized that clear air, in addition to beaches and clean water, is a
resource which attracts many residents and tourists to Florida and
plays an important role in the State's economy and health of its
populace.

LEGISLATIVE GOALS

Section 403.021(3), F.S., provides that:

It is declared to be the public policy of this
state and the purpose of this act to achieve
and maintain such levels of air quality as will
protect human health and safety, and, to the
greatest degree practicable, prevent injury
to plant and animal life and property, foster
the comfort and convenience of the people,
promote the economic and social development
of this state'and facilitate the enjoyment
of the natural attractions of this state.

Section 403.021(6), F.S., provides that:

IThe Legislature finds and declares that control,
regulation, and-abatement of the activities which
are causing or may cause pollution of the air or

II-24

water resources in the state and which are or
may be detrimental to human, animal, aquatic,
or plant life, or to property, or unreasonably
interfere with the comfortable enjoyment of
life or property be increased to insure con-
servation of natural resources, to insure a
continued safe environment, to insure purity
of air and water, to insure domestic water
supplies, to insure protection and preservation
of the public health, safety, welfare, and
economic well-being, to insure and provide
for recreational and wildlife needs as the
population increases and the economy expands,
and to insure a continuing growth of the
economy and industrial development.

GENERAL POWERS

Chapter 403, F.S. authorizes the Department of Environmental
Regulation to promulgate plans, develop programs and standards, con-
duct surveillance, establish a permit program for sources of air
pollution, and take enforcement action; ss. 403.061(1), (7), (11),
(13), (14), (15), and (16), 403.087, 403.091, 403.121, 403.131,
403.141, and 403.161, F.S. The Department has developed an air imple-
mentation plan which has been, for the most part, approved by the
United States Environmental Protection Agency (EPA) and is consistent
with the federal Clean Air Act. Regulations on the prevention of
significant deterioration and non-attainment areas are still under
review by EPA.

STANDARDS

The Environmental Regulation Commission has adopted air quality
standards and requirements under Chapter 17-2, F.A.C. The regulations
prescribe statewide ambient air quality standards for sulfur dioxide,
particulate matter, carbon monoxide, photochemical oxidents, hydro-
carbons, and nitrogen dioxide; s. 17-2.06, F.A.C. To prevent signifi-
cant deterioration (PSD) of the ambient air quality, all areas in the
state in which ambient standards are presently being met have been
classified into one of three classes. Maximum allowable increases in
concentrations of sulfur dioxide and particulate matter are specified
for each class; s. 17-2.04, F.A.C. In computing compliance with the
maximum allowable increases in concentrations, persons may seek the
exclusion from the computation of certain concentrations resulting
from fuel conversions mandated by the federal Energy Supply and
Environmental Coordination Act of 1974 and the Federal Power Act;
s. 17-2.04(7), F.A.C.

In addition to the general ambient air quality standards and the
PSD requirements, the regulations establish specific emission limiting
standards for incinerators, sulfuric acid plants, phosphate proces-
sing, kraft (sulfate liquor) pulp mills, black liquor recovery fur-
naces, fossil fuel steam generators, portland cement plants, nitric

11-25

acid plants, sulfur recovery plants, and carbonaceous fuel burning
equipment. General emission provisions are also included for visible
emissions, particulate matter, fugitive particulates, odor, volatile
organic compound emissions, and organic solvent emissions; s. 17-2.05,
F.A.C. New sources for which ro specific emission limiting standard
has been established or which will cause any increase in pollutant
concentrations over the baseline air quality must employ the best
available control technology (3ACT); ss. 17-2.03(1) and 17-2.04(6),
F.A.C.

In portions of the state, violations of ambient air quality
standards exist. Those areas have been designated as nonattainment
areas for the pollutants causing violations of ambient standards.
Emission limitations and other abatement techniques are prescribed for
existing sources with regard to photochemical oxidents. Minor modi-
fications of existing sources and new minor sources must provide best
available control technology (BACT). Major modifications of existing
sources and new major sources must meet lowest achievable emission
rate (LAER), new source allowance, and emission offset requirements;
ss. 17-2.13 through 17-2.18, F.A.C.

AIR POLLUTION EPISODES

An air pollution episode exists

...when meterological conditions and rates of discharge of
air pollutants combine to produce pollutant levels in the
atmosphere which, if sustained, can lead to a substantial
threat to the health of the people; s. 17-2.07, F.A.C.

Air pollution episodes are classified into three categories of
severity: alert, warning, and emergency. Each category is defined in
terms of ambient concentrations of sulfur dioxide, particulates,
sulfur dioxide and particulates combined, carbon monoxide, oxidents,
and nitrogen dioxide; s. 17-2.07(1), F.A.C. Determinations and
declarations of air pollution episodes are made by the Secretary of
the Department of Environmental Regulation; s. 17-2.07(1), F.A.C.
Specific emission reduction actions are specified for each category,
and persons may be required to submit to the Department at any time a
preplanned abatement strategy showing how the required reduction
actions will be achieved for each; s. 17-2.07(2), F.A.C.

PERMITTING

Construction and operation permits for air pollution sources are
processed in accordance with Chapter 17-4, F.A.C. Major air pollution
sources (50 tons per year design capacity) and complex air sources are
licensed by the Department's Bureau of Air Quality in the Tallahassee
office. All other sources are licensed by the Department's field
offices. Permit evaluations for compliance with standards are based
on ambient air quality data, proposed engineering designs, and emis-
sion data. Public notice and a 30 day comment period are required
i prior to the issuance of any construction permit for an air pollution
source; s. 17-2.091, F.A.C.

11-26

COMPLIANCE DETERMINATIONS

Determinations of compliance with standards and permit conditions
are conducted by the Department's field personnel. They are based on
a combination of on-site inspections and reviews of monitoring reports
submitted by source operators and ambient air quality monitoring
conducted by the Department or local government agencies.

ENFORCEMENT

Administrative or judicial action may be instituted for viola-
tions of standards and permit conditions. Sanctions include damages,
civil penalties, injunctions, and criminal penalties; ss. 403.121,
403.131, 403.141, and 403.161, F.S.

WITHDRAWAL, DIVERSION, STORAGE, AND CONSUMPTION OF WATER

Mounting concern for the consequences of the uncoordinated
management of Florida's ground and surface water resources led to the
passage of the Florida Water Resources Act of 1972, codified as Chap-
ter 373 of the Florida Statutes. The Act reflected a conclusion that
there is a state interest in the sound management of Florida's waters,
while acknowledging that legitimate management interests peculiar to
regions of the state exist. The act establishes a management scheme
which uses a combination of state and regional control. It provides
for the development of regulations, permits, enforcement, management
plans, purchases of land, and financing. The Act focuses on theS
withdrawal, diversion, storage# and consumption of water, as opposed
to the use of water for the discharge of wastes which is regulated
under Chapter 403, Florida Statutes; see previous discussion on
Sources of Water Pollution, page 11-16. Water management under
Chapter 373, Florida Statutes, and pollution control under Chapter
403, Florida Statutes, are linked together under the Florida Water
Plan.

LEGISLATIVE GOALS

The legislature declared it to be the policy of the state:

1. To provide for the management of water and
related land resources;

2. To promote the conservation, development,
and proper utilization of surface and ground
water;

3. To develop and regulate dams, impoundments,
reservoirs, and other works and to provide
water storage for beneficial purposes;

TI-27

4. To prevent damage from floods, soil erosion,
and excessive drainage;

5. To preserve natural resources, fish and
wildlife;

6. To promote recreational development, protect
public lands, and assist in maintaining the
navigability of rivers and harbors; and

7. Otherwise to promote the health, safety
and general welfare of the people of this
state; s. 373.016(2), F.S.

ADMINISTRATION

Overall responsibility for the implementation of the Florida
Water Resources Act of 1972 rests with the Department of Environmental
Regulation (DER); s. 373.026, F.S. In large part, however, the Water
Resources Act is implemented through the five water management dis-
tricts into which the state has been divided, the Northwest Florida
Water Management District, the Suwannee River Water Management Dis-
trict, the St. Johns River Water Management District, the South
Florida Water Management District, and the Southwest Florida Water
Management District; s. 373.069, F.S.

Each district is headed by a nine member board appointed to four
year terms by the Governor, subject to confirmation by the Senate; s.
373.073, F.S. Subdistricts or basins may be designated by each water
management district board. Each subdistrict or basin is headed by a
board of at least three members appointed by the Governor for three
year terms and subject to confirmation by the Senate; s. 373.0693,
F*SS

The Governor and Cabinet sitting as the Land and Water Adjudi-
catory Commission has the authority to review, rescind, or modify any
rule or order of a water management district, except those rules which
involve only the internal management of a district. Such a review may
be initiated by the Governor and Cabinet, the Secretary of the DER,
the Environmental Regulation Commission, or by an interested party ag-
grieved by such rule or order; s. 373.114, F.S.

General Powers and Duties of the DER

While the DER has the authority to exercise any power authorized
to be exercised by a water management district, its efforts focus on
the coordination of policy development through the formulation and
revision of the state Water Use Plan and approval of public works
projects for which federal funding is sought; ss. 373.026 (7) and (9)
and 373.036, F.S. The Water Use Plan, together with the state's water
quality standards and classifications promulgated under Chapter 17-3,
Florida Administrative Code, constitute the Florida Water Plan; s.
373.039, F.S. In formulating the Water Use Plan, DER is required to
consider the following factors:

11-28

1. the attainment of maximum reasonable-beneficial use of water for
such purposes as conservation of water, protection and procreation
of fish and wildlife, irrigation, mining, power development and
domestic, industrial and municipal uses;

2. the maximum economic development of water resources consistent
with other uses;

3. the control of waters for such purposes as environmental
protection, drainage, flood control, and water storage;

4. the quantity of water available for application to a reasonable-
beneficial use;

5. the prevention of wasteful, uneconomical, impractical, or
unreasonable uses of water resources;

6. presently exercised domestic use and-permit rights;

7. the preservation and enhancement of the water quality of the state
and the provisions of the state water quality plan; and

B. the state water resources policy as expressed by Chapter 373,
Florida Statutes; s. 373.036(2), F.S.

The DER and the districts are developing a set of state 'water
policies" which will be the basis for future development of the Water
Use Plan which will be developed by the DER and' the Districts. When
completed, it will set forth water management goals for the state. The
Plan will provide a framework to guide the implementation efforts of
the water management districts while taking into account the special
aspects of water management in each of the districts.

The DER holds a conference on water resources development programs
annually. The conference is to make the final selection of projects
proposed by water management districts, local governments, and other
agencies which require federal financial assistance. Selection is
based upon a consideration of which projects best represent the public
welfare and interest of the people of the state as required for the
proper development, use, conservation, and protection of the waters
of the state and land resources affected by those projects. The
projects selected are then presented by the DER to the appropriate
committees and agencies of the federal government for funding;
s. 373.026(9), F.S.

In an effort to improve the public works program, the DER has
promulgated a rule setting forth procedures and review criteria. The
final rule, Chapter 17-26 F.A.C. (which is contained in the Addendum)
requires the DER to consider the consistency of a proposed project with
local land use plans and state and federal standards and water policy,
to take into account the comments oflinterested persons, including
federal agencies, and to consider the social, environmental, and
economic benefits and costs.II2

General Powers and Duties of Water Management Districts

Governing boards of water management districts have the authority
to adopt necessary rules, issue necessary orders, acquire lands for
water management, operate water management works, undertake enforcement
of rules and orders, implement permit programs, declare water shor-
tages, issue emergency orders, levy ad valorem taxes for district water
management programs, and issue bonds; ss. 373.044, 373.083, 373.086,
373.093, 373.103, 373.113, 373.119, 373.129, 373.136, 373.139, 373.191,
373.175, 373.246, 373.503, 373.539, 373.563, and 373.569, F.S. In
addition, the districts are empowered to establish minimum flow rates
for surface water courses. The minimum is to be that flow at which
further withdrawals would be significantly harmful to the water
resources or ecology of the area; so 373.042, F.S.

WATERS REGULATED AND PERMITS REQUIRED BY CHAPTER 373, FLORIDA STATUTES

The waters regulated by Chapter 373, Florida Statutes, include all
water on or beneath the surface of the ground or in the atmosphere,
including natural or artificial watercourses, lakes, ponds, or diffused
surface water and water percolating, standing, or flowing beneath the
surface of the ground, as well as all coastal waters within the
jurisdiction of the state; so 373.019(8), F.S. Permits are required
for the following categories of activities:

1. Introduction of Water into Underground Formations

No construction on a project involving artificial recharge or
the intentional introduction of water into any underground
formation may be undertaken without a permit from the appropriate
water management district. The only statutory exception involves
oil and gas projects authorized under Chapter 377, Florida
Statutes; s. 373.106, F.S. In such cases, a permit would be
required by the Department of Natural Resources. By agreement
between the DER and the water management districts, the permitting
of discharges of wastewater to underground formations is the
primary responsibility of the DER under its waste discharge permit
program. Water management districts comment on applications to
the DER.

2. Consumptive Uses of Water

All consumptive uses of water, other than domestic uses by
individual users, may be required to be undertaken pursuant to a
permit; so 373.219, F.S. The applicant for such a permit must
establish that the proposed use of water:

a. is a reasonable-beneficial use of the water;

b. will not interfere with any presently existing legal use of
water; and

co is consistent with the public interest; so 373.223(1), Fo.S

ii-30

Where two or more applications compete for use of the same
water and the uses conflict or there is not sufficient water for
the uses, a determination is made as to which use best serves the
public interest. Preference is given to renewal applications over
initial applications; s. 373.233, F.S. Such permits cannot be
granted for more than 20 years, except in cases where a public or
quasi-public entity needs more time to retire bonds. In such
exceptional cases, a permit may be granted for up to 50 years;
s. 373.236, F.S. Permits may be revoked for material false
statements on applications or reports, for willful violation of
permit conditions, for violations of Chapter 373, Florida
Statutes, or for nonuse for a period of 2 years or more;
s. 373.243, F.S.

3. Construction, Repair, or Abandonment of Water Wells

Part III of Chapter 373, Florida Statutes, provides for the
licensing of the construction, repair, or abandonment of water
wells; s. 373.313(1), F.S. The statute expressly exempts from
licensing the construction of wells 2 inches or less in diameter
which are intended for use in a single family residence or for use
for farming purposes and which are not intended for use by the
public or for any other residence or farm; s. 373.326, F.S.

The DER or, where delegated, a water management district may
require wells to be permitted in those geographical areas where it
is determined to be reasonably necessary to protect the ground-
water resources and where such requirement will not create an
undue hardship; ss. 373.308 and 373.313 (1), F.S. Generally,
permits are required throughout the state.

In addition to the licensing of wells, any person who wishes
to engage in business as a water well contractor must be licensed
by the DER. Excluded from this requirement are persons who
perform labor or other services under the supervision of a
licensed water well contractor; s. 373.323 (1) and (3), F.S.
The DER has promulgated standards for the licensing of water well
contractors under Chapter 17-20, Florida Administrative Code.
Licenses are renewable annually; s. 373.323(5), F.S. Contractor
licenses may be suspended or revoked for violations of Chapter
373, Florida Statutes, or the rules adopted pursuant to Chapter
373; s. 373.323(6), F.S.

4. Construction, Alteration, Maintenance, Operation, and Abandonment
of Dams, Impoundments, Reservoirs, Appurtenant Works, and Other
Works

Part IV of Chapter 373, Florida Statutes, authorizes permits
for the construction, alteration, maintenance, operation, and
abandonment of dams, impoundments, reservoirs, appurtenant works,
and other works; ss. 373.413(1), 373.416, and 373.426, F.S.
"Appurtenant works" means any artificial improvement to a dam
which might affect the safety of such dam, or which might affect
the holding capacity of such dam or of the reservoir or impound-
ment created by such dam; s. 373.403(2), F.S. "Works' means all

11-31

artificial structures, including, but not limited to, ditches,
canals, conduits, channels, culverts, pipes, and other construc-
tion that connects to, draws water from, drains water into, or is
placed in or across the waters in the state; s. 373.403(5), F.S.

Exempted from the permit provisions of Part IV of Chapter
373, Florida Statutes, are the following:

a. water wells;

b. the capturing, discharging, and use of water by natural
persons as authorized under the common law;

c. the alteration of the topography of land as required for the
conduct of agricultural, silvicultural, floricultural, and
horticultural activities, provided that such alteration is
not for the sale or predominant purpose of impounding or
obstructing surface waters; and

d. the construction, operation, or maintenance of any closed
system; s. 373.406, F.S.

The DER and the water management districts have the authority
to take emergency action with regard to dams, impoundments and
other works to protect life and property in flooding situations
and in those cases where a structure is so dangerous that time
does not permit the ordering of corrective measures through normal
administrative law procedures; s. 373.439, F.S. In non-emergency
situations, the DER or the water management districts can direct
the owner or operator of a structure to undertake alterations or
remedial actions to prevent danger to public health and safety;
ss. 373.429 and 373.436, F.S. Any dam, impoundment, reservoir,
appurtenant work, or other work which is in violation of
applicable standards or permit conditions is declared by statute
to be a public nuisance abatable by injunction; s. 373.433, F.S.

ENFORCEMENT

Statutory provisions, rules, permits, and orders may be enforced
by the initiation of administrative or judicial actions; ss. 373.119,
373.129, 373.136, 373.333, 373.433, and 373.603. Violations of
statutory provisions, rules, or orders also constitute misdemeanors of
the second degree; s. 373.613, F.S. Criminal actions may be initiated
by the DER or the water management districts through the local law
enforcement officials and state attorneys; ss. 373.603 and 373.609,
F.S.

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"SAVE OUR RIVERS" LEGISLATION

The 1981 Florida Legislature passed legislation to "Save Our
Rivers". The new law, creating s. 373.590, F.S. and amending
s. 201.15, F.S. increases the documentary stamp tax on deeds and other
land transactions and deposits the increase into the Water Management
Lands Trust Fund in DER.

Florida's five water management districts will use the money to
purchase "the fee or other interest in lands necessary for water
management, water supply, and the conservation and protection of water
resources.' The districts are to file five-year plans for their
proposed land aquisition programs with DER. Lands acquired under the
'Save Our Rivers' program also may be used for general recreational
programs which are not incompatible with the primary water resource
use.

* * *

LIVING RESOURCES

The coastal waters of Florida provide habitat and food for a wide
variety of fish, shellfish, sponges, corals, and wildlife. By virtue
of its sovereign duty to conserve fish and wildlife which it holds in
trust for the people, the state has the inherent authority to regulate
the taking of fish and wildlife; Harper vs. Galloway 58 Fla. 255,
51So.226 (1910), Ex parte Powell, 70 Fla. 363, 7OSo.392 (1916),
State rel. Gray vs. Stoutamire, 131 Fla. 698, 179So.730 (1938).

The regulation of fish and wildlife in Florida is conducted by the
Department of Natural Resources pursuant to Chapter 370 of the Florida
Statutes and by the Game and Fresh Water Fish Commission pursuant to
Article 4, Section 9 of the Florida Constitution (1968) and Chapter 372
of the Florida Statutes. Provision is made for the manner, times of
the year, and places in which fish and wildlife may be taken, as well
as for the number which may be taken, licenses required, and penalties
for violations of regulations.

LEGISLATIVE GOALS

Section 370.02(2), F.S., charges the Department of Natural
Resources to

...preserve, manage, and protect the marine,
crustacean, shell, and anadromous fishery
resources of the state in all the waters
thereof...which duties and operations shall
be directed to the broad objectives of
managing such fisheries in the interest

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of all people of the state, to the end
that they shall produce the maximum
sustained yield consistent with the
preservation and protection of the
breeding stock.

In s. 372.0225, F.S., the Florida Game and Fresh Water Fish
Commission is charged with similar responsibility to

...manage the promotion, marketing and quality
control of all freshwater organisms...so that
such organisms shall be used to produce the
optimum sustained yield consistent with the
protection of the breeding stock...

Particular attention is given to endangered species designated by
the Commission, the Department of Natural Resources or the United
States Department of the Interior in s. 372.072, F.S.

The Legislature recognizes that the State of
Florida harbors a wide diversity of fish and
wildlife and that it is the policy of the state
to conserve and wisely manage these resources,
with particular attention to those species
(which are) endangered or threatened. As
Florida has more endangered or threatened
species than any other continental state,
it LS the intent of the Legislature to pro-
vide for research and management to conserve
these species as a natural resource.

Florida has been declared to be a refuge and sanctuary for the
manatee (Trichehus manatus), the Florida State Mammal; ss. 370.12(2),
15.038(1), F.S.

SALTWATER LIVING RESOURCES

Living resources associated with the saltwater of the state are
regulated under Chapter 370 of the Florida Statutes.

Administration

The responsibilities of Chapter 370, Florida Statutes, are
administered by the Department of Natural Resources (DNR); ss. 370.013
and 370.02, F.S. The Department is headed by the Governor and Cabinet
and managed on a daily basis by an executive director; s. 20.25, F.S.
In addition, the interstate aspects of marine fishery management is
addressed by the state through its membership on the Atlantic States
Marine Fisheries Commission and the Gulf States Marine Fisheries

TI-34

Commission; ss. 370.19 and 370.20, F.S. and through Department
representation on the Gulf and South Atlantic Fishing Management
Councils as established under P.L. 94.265 of the Fishing Conservation
and Management Act of 1976.

DNR is authorized to adopt rules necessary for the conservation
and management of marine fishery resources; s. 370.021(1), F.S. It has
a Division of Law Enforcement whose officers have the powers of
investigation and arrest to ensure compliance with DNR's regulations;
s. 370.021(5), F.S. Property used in the illegal taking, sale,
possession, or transportation of saltwater fish or other saltwater
products is subject to confiscation and forfeiture; s. 370.061, F.S.
A violation of the provisions of Chapter 370, Florida Statutes,
constitutes a misdemeanor of the first degree; s. 370.021(2), F.S.
A violation of DNR rules promulgated pursuant to Chapter 370, Florida
Statutes, constitutes a misdemeanor of the second degree; s. 370.021
(1), F.S.

Regulation

The taking and selling of marine fish and other marine animals is
controlled by an extensive number of statutory and rule provisions
found in Chapter 370 of the Florida Statutes and in Chapters 16B and
16N of the Florida Administrative Code. The provisions address methods
of taking fish and other animals, times of year, and days when they may
be taken, and the selling of marine fish and other animals. The
following is a list of some of the devices, fish, other animals, and
sale which are regulated: 0

1. seafood dealers; s. 370.07, F.S., and Chapters 16B-28, 16N10, and
16N-27, F.A.C.;

2. use of sienes, nets, explosives, poisons, drugs, chemicals, hooks,
and spears; ss. 370.08, 370.081, 370.0821, and 370.172, F.S., and
Chapters 16N-6 and 16N-21, F.A.C.;

3. importation and possession of marine plants or animal species not
indigenous to Florida; s. 370.081, F.S., and Chapter 16B-17,
F.A.C.;

4. bluefish, pompano, fluke, flounder, mackerel, redfish, speckled
trout, snook, striped bass, bonefish, black mullet, grouper,
anadromous shad, tarpon, permits, queen conchs (strombus gigas),
marine corals and seafans, marine turtles, manatees, dolphins,
manta rays, stone crabs, blue crabs, spiney lobster, shrimp and
prawn, oysters, and sponges; ss. 370.11(2), (3), (4) and (5),
370.111, 370.112, 370.1121, 370.1125, 370.113, 370.114, 370.12,
370.13, 370.135, 370.14, 370.142(4), 370.15, 370.151, 370.153,
370.155, 370.156, 370.157, 370.17, and 370.171, F.S.; and Chapters

II-35

16B-2, 16B-3, 16B-6, 16B-28, 16N-l, 16N-2, 16N-3, 16N-5, 16N-7,
and 16N-22, F.A.C.; and

0 5. the taking of seaoats and seagrapes; s. 370.041, P.S.

FRESHWATER FISH AND WILD ANIMAL LIFE

All wild animal life in the state and the fish in the fresh
waters of the state are regulated under Chapter 372 of the Florida
Statutes.

Administration

The responsibilities of Chapter 372 of the Florida Statutes,
are administered by the Game and Fresh Water Fish Commission;
ss. 372.01 and 372.021, F.S. The Commission is a constitutionally
established body whose members are appointed by the Governor subject
to confirmation by the Senate; Article 4, Section 9, Florida
Constitution (1968), and s. 372.01, F.S. The Commission is managed
on a daily basis by a director; s. 370.04, F.S. Enforcement is
conducted principally by the wildlife officers of the Commission who
have the powers to investigate violations and to arrest violators; s.
372.07, F.S. Property used in the illegal taking and possession of
freshwater fish and wild animals is subject to seizure and forfeiture;
ss. 372.31 through 372.319, and 8. 372.761, F.S. Violations of
Commission rules and orders constitute, as a minimum, misdemeanors
of the second degree; s. 372.83, F.S. The Commission is authorized
. to acquire lands by purchase, lease, gift or otherwise for the
management of game and to adopt rules for such management; ss. 372.12
and 372.121, F.S.

Regulation

1. Licenses

Licences are required for the following activities:

a. the importation into the state, or the placing into the
fresh waters of the state, of freshwater fish of any species;
s. 372.26, P.S.;

b. the importation into the state, for sale or use, or the
release of any species of the animal kingdom not indigenous
to Florida; ss. 372.265 and 372.65, P.S., and Chapter 16E-
16, F.A.C.; such animals include fish, reptiles, and
mammals; Ops. Atty. Gen. 071-12 (January 29, 1971) and
073-126 (April 19, 1973);

O~~~~~~~II-36
11-36

c. the fishing, hunting, and trapping of game, freshwater fish,
and fur-bearing animals; s. 372.57, F.S., Chapters 16E-4,
16E-5, 16E-6, 16E-10, F.A.C.;

d. hunting with bow and arrow or muzzle loading guns;
s. 372.576, F.S.;

e. serving as a professional hunting guide;
s. 372.62, F.S.;

f. the taking for sale or the selling of frogs or
freshwater fish; s. 372.65, F.S., and Chapter 16E-9,
F.A.C.;

g. the use of trawl seines and haul seines for fishing
in freshwaters; se. 372.65 and 372.651, F.S.;

h. dealing or buying alligator skins or green or dried
furs; s. 372.66, F.S.;

i. the possession, housing, and transporting of poisonous or
venemous reptiles; ss. 372.86, 372.89, and 372.90, F.S.,
and Chapter 16E-12, F.A.C.;

j. the exhibition of wildlife; s. 372.921, F.S., and
s. 16E-5.05, F.A.C.; and

k. the possession for sale or exhibition of nutria
(Myocastor coypu); s. 372.98, F.S., and Chapter 16E-11,
F.A.C.

2. Animals Given Special Protection

a. Alligators and Crocodiles

It is unlawful to sell or offer for sale, in Florida,
alligator or crocodile products, or to use the word "gator"
or "alligator" in connection with the sale of any product
derived or made from the skins of crocodilia; ss. 372.6645
and 372.665, F.S. The poaching of alligators and any crocodilia
by killing or capturing, or the attempt to kill or capture such
animals, constitutes a felony of the third degree, s. 372.663, F.S.
It is also unlawful to intentionally feed, or entice with feed, any
wild American alligator (Alligator mississippiensis) or American
crocodile (Crocodylus acutus), except for those maintained in
protected captivity pursuant to a Commission permit or which are
being relocated; s. 372.667, P.S.

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b. The Florida Panther

it is unlawful to kill a Florida Panther, and such killing is
a felony of the third degree; s. 372.671, F.S.
C. Endangered and Threatened Species

In 1977, the Legislature enacted the Florida Endangered
and Threatened Species Act of 1977; Chapter 77-375 (Laws
of Florida). The Game and Fresh Water Fish Commission, in
consultation with the Department of Natural Resources, has
developed a plan for the management and conservation of
endangered and threatened species. The plan includes
criteria for research and management priorities, an
educational program, statewide policies, necessary new
legislation, and recommended funding. Revisions and
updates of the plan are to be submitted annually to the
Legislature. The Act also provides for the creation of
an Endangered and Threatened Species Advisory Council to
formulate and recommend rules and policies for endangered
and threatened species research and management; s. 372.072,
F.S. By rule, the Commission has designated 31 species
as endangered and 56 species as threatened; s. 16E-3.01,
F.A.C.

3. Waterfowl

The 1979 Legislature amended the hunting license law to require
that persons taking or attempting to take wild ducks or geese
within the state or its coastal waters must purchase a Florida
waterfowl stamp for $3.00 in addition to any other license which
is required by law. The purpose of the stamp is to generate
revenue for the purposes of expanding waterfowl research and
management and increasing waterfowl populations in the state;
s. 372.57(20), F.S.

The Legislature prescribed the following formula for the
expenditure by the Game and Fresh Water Fish Commission of the
funds generated by the stamp: a maximum of 5% for administrative
costs; a maximum of 25% f or waterfowl research; and a maximum
of 70% for projects to protect and propagate migratory waterfowl
and to develop, restore, maintain and preserve wetlands; s.
372.57(2), F.S. To assist and consult with the Commission in the
establishment and operation of waterfowl protection and
propagation projects and wetlands projects, the Legislature
created the Waterfowl Advisory Committee; s. 372.5745, F.S.

11-38

DREDGING AND FILLING IN SUBMERGED LANDS AND WETLANDS

INTRODUCTION

Permitting of dredging and filling is regulated by Chapter 253
and is administered by the Department of Environmental Regulation
(DER). Dredge and fill also is regulated pursuant to Chapter 403,
Florida Statutes by the DER. Chapter 403, addresses all water bodies
in the state, and focuses on the regulation of'activities which cause,
or may cause, the pollution of those waters.

Chapters 253 and 403, Florida Statutes# were enacted, in part, in
response to an awareness of the significant value which submerged lands
and water quality have to Florida and of the serious loss or damage to
those resources which past practices had imparted.

To understand the differences in areas regulated under Chapters
253 and 403, Florida Statutes, it must be noted that the 'sovereignty
submerged lands' regulated under Chapter 253, Florida Statutes, are
encompassed as a subcategory of the larger category of 'waters of
the state" regulated pursuant to Chapter 403, Florida Statutes.
"Sovereignty submerged lands" are lands located beneath navigable
waters; generally those waters used as highways for commerce. The
landward extent of those waters is denoted by mean high water survey
lines in tidal waters and by ordinary high water marks in non-tidal
waters. "Waters of the state' include navigable waters, as well as
all other water bodies in the state irrespective of their use.
Jurisdiction under Chapter 253, Florida Statutes,'is based upon the
sovereignty powers of the state associated with the common law public
trust which is impressed upon navigable waters. The public trust
doctrine is reiterated by Article 10, Section 11, of the Florida
Constitution (1968). Jurisdiction under Chapter 403, Florida
Statutes, is based upon the general police power of the state to
regulate for the health, safety, and welfare of the public, as well
as the constitutional policy set forth in Article 2, Section 7, of
the Florida Constitution (1968) to conserve and protect the state's
natural resources. The result is that every activity in navigable
waters is also, by definition# in. waters of the state. However,
some activities may be in waters-of the state without being in
navigable waters.

CONSTITUTIONAL POLICY

Article 2, Section 7, Florida Constitution (1968)

it shall be the policy of the state to
conserve and protect its natural resources
and scenic beauty. Adequate provision shall
be made by law for the abatement of air
and water pollution and of excessive and
unnecessary noise.

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Article 10, Section 10, Florida Constitution (1968)

The title to lands under navigable waters, within
the boundaries of the state, which have not been
alienated, including beaches below mean high water
lines, is held by the state, by virtue of its
sovereignty, in trust for all of the people. Sale
or private use of portions of such land may be
authorized by law, but only when not contrary to
the public interest.

LEGISLATIVE GOALS

It is the policies of Chapters 253 and 403, Florida Statutes,
respectively,

... to prohibit the authorization of the
dredging and filling of submerged lands, if
such authorization would result in the
destruction of resources or the interference
with public usage to such an extent as to
be contrary to the public interest.

... to prevent and abate pollution, and to
conserve the waters of the state for the
propagation of wildlife, fish and other
aquatic life, and for domestic, agricultural,
industrial, recreational, and other beneficial
uses.

ADMINISTRATION

The issuance and denial of permits for dredging and filling under
both Chapter 253 and Chapter 403, Florida Statutes, is by the Depart-
ment of Environmental Regulation (DER). The DER is headed by a
Secretary appointed by the Governor and subject to confirmation by the
Senate; s. 10, Chapter 75-22, Laws of Florida; ss. 403.087, 403.088,
and 20.261(1), F.S.

REGULATION OF DREDGING AND FILLING IN NAVIGABLE WATERS AND WATERS OF
THE STATE

Activities Requirinq A Permit

Introduction

Any dredging or filling in navigable waters or waters of the
state described below may be undertaken only pursuant to permits under
Chapters 403 and 253, F.S., unless exempted by section 403.813(2),
Florida Statutes, or section 17-4.04(10), Florida Administrative Code.

Navigable Waters (253 F.S.)

Those portions of dredging or filling projects to be conducted in
navigable waters are governed by Chapters 253 and 403, Florida Stat-
utes, and sections 17-4.28 and 17-4.29, Florida Administrative Code.

II-40

The landward extent of dredge and fill jurisdiction under Chapter 253,
F.S. is the mean high water line in tidal waters and the ordinary high
water line in nontidal waters.

The following activities require a permit from the Department
pursuant to Chapter 253, F.S., and s. 17-4.29 (1)(a)-(e), FAC:

1. Subject to the statutory limitations and exemptions of Sections
403.501-515 and 403.813(1) and (2), Florida Statutes, and as
otherwise limited by general or special statute or department
rule, the following activities at or below the line of mean high
water or ordinary high water in, on, or over the navigable waters
of the state require a department permit:

a. Filling by the construction of islands, extensions of
existing lands or islands bordering on or in the navigable
waters including filling to create artificial reefs, groins,
jetties, breakwaters, riprap or other type of sea wall,
revetments and any similar type structures; and filling
associated with construction; and/or installation of
activities described in this rule.

b. Dredging and/or digging by pumping sand, rock, silt, or earth
of any kind by any means including dredging to connect
artificial waterways or waterbodies to navigable waters; and
dredging associated with construction and/or installation
activities described in this rule.

C. Marina construction, maintenance and installation and/or
docks, wharfs, piers, walkways and living quarters or
dwelling-type structures thereon and/or mooring, pilings,
dolphins and similar structures and/or boat ramps, lifts or
similar launching facilities and/or ski ramps or other
similar water structures.

d. Utility installations whether subaqueous, subterranean or
over navigable waters and maintenance and/or construction
involving activities otherwise requiring permits.

e. Miscellaneous activities including navigational aids,
commercial signs, fences or similar obstructions, canal
locks, marine railroads; bridges, walkways or similar
structural crossings.

waters Of The State (Chapter 403, F.S.)

Those portions o'f dredging or filling projects to be conducted in,
or connected by excavations top certain waters of the state are
regulated by Chapter 403, Florida Statutes, and section 17-4.28,
Florida Administrative Code. The waters of the state covered by the
rule set forth in section 17-4.28(2), F.A.C. are as follows:

11-41

1I rivers and natural tributaries thereto;

@~~2 . streams and natural tributaries thereto;

3. bays,, bayous, sounds, estuaries, and natural tributaries thereto;

4. natural lakes, except those owned entirely by one person; and
except for lakes that become dry each year and are without
standing water together with lakes of no more than ten (10) acres
of water area at a maximum average depth of two (2) feet existing
throughout the year;

5. Atlantic Ocean out to the seaward limit of the State's territorial
boundaries;

6. Gulf of Mexico out to the seaward limit of the State's territorial
boundaries;

7. natural tributaries do not include intermittant natural water
courses which act as tributaries only following the occurrence of
rainfall and which normally do not contain contiguous areas of
standing water.

The landward extent of the water bodies regulated under Chapter 403,
Florida Statutes, is defined by species of vegetation divided into two
general categories, submerged and transitional species (see Tables 2
and 3); s. 403.817, F.S. and ss. 17-4.02(17).

Section 403.817, F.S., authorizes the use of a soils index, in
addition to a vegetation index, to define the landward extent of waters
regulated by Chapter 403, Florida Statutes. However, a soils index has
not been established by the DER. In a recent case, a trial judge has
ruled that a vegetation or soils index is the only method by which the
DER can delineate the landward extent of the waters covered by Chapter
403, Florida Statutes. In that case, the Court rejected the use of an
ordinary high water line on a non-navigable freshwater lake where the
department's vegetation index inadequately defined the landward extent
of the lake; Falls Chase Special Taxing District, Sunshine Development,
Inc. and ELBA, Inc. vs. State of Florida, Department of Environmental
Regulation, Case No. 79-2348, in the Circuit Court of the Second
Judicial Circuit, Leon County, Florida (November 9, 1979). This case
is currently on appeal.

11-42

The landward extent of the categories of waters listed in Section
17-4.28(2), F.A.C., is defined by the following listed vegetational
species, or any combination of such species, where dominant:

Table 2

SUBMERGED SPECIES

Marine species:

Batis Batis maritima

Big cordgrass Spartina cynosuroides

Black mangrove Avicennia germinans

Black rush Juncus roemerianus

Cuban shoalweed Diplanthera Halodule wrightii

Leather fern Acrostichum aureum

Manatee grass Syringodium filiformis

Red mangrove Rhizophora mangle

Rubber vine Rhabdadenia biflora

Smooth cordgrass Spartina alterniflora

Turtle grass Thalassia testudinum

Widgeon grass Ruppia maritima

White mangrove Laguncularia racemosa

Fresh water species:

Alligator weed Alternanthera philoxeroides

Arrowhead Sagittaria sp.

Arrowroot lily Thalia geniculata

Bald cypress Taxodium distichum

Beak rush Rhynchospora tracyi

Bladder wort Utricularia vulgaris

Blue green algae

mats
II-43

Fresh water species (continued):

. ~Bullrush ScriPus americanus

Scripus validus
Cattail Typha latifolia

Typha angustifolia

Typha domingensis
Coontail Ceratophyllum demersum

Duck weed Lemna sp.

Florida elodea Hydrilla verticillata

Golden club Orontium aquaticum

Leather fern Acrostichum danaeifolium

maiden cane Panicum hemitomon

Naiad Najas Bps

. ~Ogeeche tupelo Nyssa ogeeche

Pickerelweed Pontederia lanceolata

Pond apple Annona glabra

Pond cypress Taxodium ascendens

Pondweed Potamogeton illinoensis

Royal fern Osmunda regalis

Saw grass Cladium jamaicensis

Spatter dock Naphar sp.

Spike rush Eleocharis cellulosa

Soft rush Juncus effusus

Swamp lily Crinum americanum

Swamp tupelo Nyssa biflora

Tape grass Villisneria neotropicalis

.s Water ash Fraxinus caroliniana

II-44

Fresh water species (continued):

Water fern Salvinia rotundifolia

Water hyssop Bacopa caroliniana

Water lily Nymphaea sp.

Water shield Brasenia schreberi

Water tupelo Nyssa aquatica

Water willow Justicia ovata

and to that portion of a surface water body up to the waterward first
fifty (50) feet or the waterward quarter (1/4) of the entire area,
whichever is greater, where any of the following vegetational species
are dominant:

Table 3

TRANSITIONAL SPECIES

Marine species:

Aster Aster tenuifolius

Beach carpet Philoxerus vermicularis

Button wood Concarpus erecta

Glasswort (annual) Salicornia bigelovii

Glasswort (perennial) Salicornia virginica

Key grass Monanthochloe littoralis

Salt grass Distichlis spicata

Sea blite Suaeda linearis

Sea daisy Borrichia frutescens

Borrichia arborescens

Sea grape Coccoloba uvifera

Sea lavender Limonium carolinianum

Sea purslane Sesuvium portulacastrum

II-45

Marine species (continued):

Switch grass Spartina patens

Railroad vine Ipomoea pes-caprae

Freshwater species:

Button bush Cephalanthus occidentalis

Dahoon Ilex cassine

Giant reed Phragmites communis

Primrose willow Ludwigia peruviana

St. John's wort Hypericum fasciculatum

Switch grass Panicum virgatum

willow Salix caroliniana

Exemptions

Exemptions are provided for certain dredging and filling
activities related to the following categories of projects:

1. the installation of overhead transmission lines, navigational
aids, mooring pilings and dolphins, private docks, boat ramps,
subaqueous transmission and distribution lines;

2. the construction of seawalls, swales, artificial waterways, and
electrical power plants regulated pursuant to the Flotida Elec-
trical Power Plant Siting Act (Part II, Chapter 403, Florida
Statutes);

3. the maintenance dredging of existing manmade canals, channels,
intake and discharge structures, and dikes and irrigation and
drainage ditches;

4. tihe replacement, repair, or restoration of docks, seawalls, and
stormwater discharge pipes; and

5. the deposition of up to and including twenty-five (25) cubic yards
of material in the transitional zone of a submerged land not
located in Class II waters.

For a detailed description of the exemptions, see Section 17-
4.04(10), Florida Administrative Code, in the Addendum, a separate
document available upon request.

II-46

Comparison with U.S. Army Corps of Engineers Jurisdiction

The dredge and fill jurisdiction of the Corps of Engineers (COE)
and the DER are essentially identical except as discussed below.
First, the DER requires permits for work in all but intermittent
streams. The COE requires permits for all work downstream of a point
at which the flow of the stream is five cubic feet per second. The
result of this is that the DER exercises more extensive jurisdiction
than the COE in streams. Second, the COE may exert regulatory juris-
diction in isolated wetlands adjacent to waters of the U.S. The DER
does not have regulatory authority in those isolated wetlands that are
not contiguous to those waters specified by rule. It should be noted
though, that activities in any areas which would result in violation of
state Water Quality standards are prohibited by law. The DER has
exerted jurisdiction over those portions of surface water bodies up to
the waterward first fifty (50) feet, or the waterward quarter (1/4) of
the entire area, whichever is greater, where one. or a combination of
the transitional species listed in Table 5 are the dominant species.
The DER also regulates dredging or excavation in waters of the state
under Chapters 253 an 403, F.S., where the Corps only regulates
filling. In this regard the DER is a great deal more stringent than
the Corps. State-wide the respective areas regulated by the DER and
the Corps are about the same, with gaps in the jurisdiction of one
agency covered by the authority of the other.

For a schematic description of the waters regulated pursuant to
Chapters 253 and 403, Florida Statutes, see Figures I and 2, this
subsection.

Administrative Processing Of Permit Applications

The majority of dredging and filling permits are issued or denied
by the DER's field offices pursuant to their classification as
short-form permits. Projects of a large magnitude are permitted or
denied by the DER's Bureau of Permitting located in the department's
central office in Tallahassee. A Standard Permitting Report is issued
monthly by the DER. The report gives a synopsis of standard-form
permit decisions and lists new standard-form applications received
during the month. Both short and long-form permits utilize the same
application form (discussed below) and are evaluated under the same
standards.

The DER, the U.S. Army Corps of Engineers, and the DNR have
established a joint permit application form pursuant to a Memorandum of
Understanding dated August 19, 1976. An application can be filed with
the DER for purposes of permits required by the DER and the Corps. If
a permit is required from the Department of Natural Resources, a copy
must be filed concurrently with the DNR; s. 17-4.31, F.A.C.

Within 30 days of receipt of a permit application, the DER must
notify the applicant as to the completeness of the application, as well
as request any additional information which will be necessary to
evaluate the application; see s. 120.60(2), P.S. Once the application

11-47

FIGUIE 1

REPRESENTATIVE STATE DREDGE AND FILL JURISDICTION

TRANSITIONAL
VEGETATION

UPLAND

4 DISTANCE
INLAND OR
60' WHICH-
EVER IS
GREATER-

........................ ...................... . ., CHAPTER 253 PERMITTING (DER)
DREDGE & FILL ACTIVI-
TIES CONNECTED BY
TIESGCONNECTEDRBY T- CHAPTER 253 PROPRIETARY (DNR)
NAVIGABLE WATERS TO
WATERS OF THE STATE

� .6........................ CHAPTER 403 PERMITTING (DER)
DREDGE& FI-ILL ACTIVIT IESCON-
NECTED DIRECTLY OR VIA EX-
CAVATED WATER BODY ro WATERS
OF THE STATE.
~~- ~SECTION 404 PERMITTING (CORPS OF ENGINEERS)

TERTIARY ~FIGURE 2

.1AKE /0 ACRES3
SECOMOAY OR GREATER)
) TRIUTRY .....

STATE~~~~~~~*AIA JUYDITO MUAM ATEA gFOEATI
DEPARTMENT~~~~~~~7 OFAP MNVRONENAMS ALA
REGI/LA~~~SWPS ATIO4A4

,~~~ COASTAL ~~~~~~AREAS Of8J~ FLRMo

rutN1 ACTVITISAN CIVTE
E U TIAT ECTWA EAUAYr
DOWNSA CKREAM AR
c"WiLL XAAiO N AO
STRUC TURES~~~~~~~~~~~~~~~~~~~~~X

11-49 ~ ~ ~~.........

is complete and any additional requested information has been Provided,
* ~the DER has 90 days to issue or deny the requested permit. Failure of
the DER to act within the 90 days results in the issuance of a default
permit; s. 120.60(2), F.S. Howeverp, the 90 day period may be waived by
the applicant; AGO 077-41 (May 2, 1977). In addition, standard
conditions, such as monitoring, may be imposed on a default permit, and
the fact that a permit is issued by default does not relieve the
permittee from compliance with water quality standards; AGO 078-169
(December 29, 1978). Permit applications are tracked for compliance
with processing deadlines by the use of a computer program which
produces daily status reports. Data is entered at terminals located in
DER field offices and the central department office. Permitting
decisions are subject to the administrative hearing procedures of
section 120.57 and 403.412, F.S., discussed in section IIt Part 2G of
this document.

Administrative appeals of permitting decisions under Chapter 253,
Florida Statutes, are heard by the Governor and Cabinet; s. 253.76,
F.S. Administrative appeals of permitting decisions under Chapter 403,
F.S. go directly to the District Courts of Appeal. Recent legislation
(SS 1260) eliminated the administrative appeal to the Environmental
Regulation Commission.

Permit Review Process

Applicants for a dredging or filling permit under Chapter 403,
Florida Statutes, must affirmatively provide reasonable assurance that
O ~the short-term and long-term effects of the proposed activity will not
result in violations of the general water quality criteria and the
specific criteria of the water classification into which a subject
water body has been classified; s. 17-4.28(3), F.A.C. Consideration of
the long-term impacts includes evaluation of impacts on the immediate
area of a project as well as impacts on the surrounding ecosystem. For
a discussion of the water quality requirements and water classifica-
tions, see previous discussion on Sources of Water Pollution.

Additional restrictions apply to dredging and filling in Class II
Waters (Shellfish Propagation or Harvesting). Permits may not be
issued for dredging and filling in areas approved for shellfish har-
vesting, except for the maintenance of existing navigational channels,
for the construction of coastal protection structures, and for the
installation of transmission and distribution lines for the carrying of
potable water, electricity or communication cables in rights-of-way
previously used for such lines. Furthermore, permits shall be denied
in any other class of waters where the proximity of the proposed
activity to Class II Waters would be expected to have an impact on the
Class 1I Waters, and where reasonable assurance has not been provided
that the activity will not result in violations of the water quality
provisions of Chapter 17-3, F.A.C., governing Class II Waters.

Section 17-4.02, F.A.C. defines the landward extent of waters of
the state for submerged and transitional species of vegetative types

I1-50

used to determine the landward limit of the department's jurisdiction.
The concept of dominance of a plant species or any combination of
species provides the framework within which the definition is applied.

The vegetation types specified in the rule are the most important
types f or defining the landward limits of wetlands. There are many
more wetland plant species in Florida which are not included in the
list. The absence of a species does not mean that the wetlands in
which it is found are not regulated. Rather, it indicates that the
plant type is not significant when making jurisdictional determinations
based on dominance.

The occurrance of wetland vegetation not listed in the rule
together with the absence of vegetation specified in the rule is a rare
situation. Therefore, the areal extent and significance of wetlands
not regulated because of the absence of certain vegetation types in the
rule is negligable.

The special protection afforded Outstanding Florida Waters
precludes new dredge or fill projects in such waters, unless they are
for the enhancement of public usage or are for the maintenance of
existing facilities; s. 17-4.242, F.A.C. For a discussion of Out-
standing Florida Waters, see previous discussion on Sources of Water
Pollution.

in addition to reviewing information and studies submitted by the
applicants the department performs an onsite evaluation of the proposed
project area. Comments also are requested from the Game and Fresh
Water Fish Commission. The on-site evaluation serves two purposes.
First, it identifies the plants and animals which are located on or use
the site and the areas adjacent to the site. Second, it evaluates the
impacts on those plants and animals which would result, as well as the
impacts of their destruction on water quality, if the proposed project
were undertaken. The evaluation is then written in the form of a
permit application appraisal. Typical features of projects which are
evaluated are the adverse impact on aquatic animals and vegetation, the
adverse impact on water quality of the destruction of the aquatic
animals and vegetation present, the creation of debris traps, flushing
rates, impacts on endangered species, associated domestic and
industrial waste disposal, associated runoff, substrate contents (if
toxic materials are present) erosion and scouring effects, the
potential for pollutant spills, and interference with navigation and
riparian rights. Where shoreline erosion control is the purpose of a
proposed project, the use of gradually sloped and vegetated embankments
or rip-rap is encouraged. With regard to marina construction, upland
basins with good circulation and minimal dredging for navigation access
are encouraged. A restriction prohibiting liveaboard vessels, or in
the alternative, a requirement for sewage collection and treatment is
ordinarily imposed.

In the evaluation of a proposed dredging or filling project under
Chapters 253 and 403, Florida Statutes, the cumulative effect of~the
project on the water body, or reasonable segment thereof, is taken

II-51

into account and must be adequately addressed by the applicant. it
O ~is recognized that many small projects, perhaps insignificant by
themselves, may have as great or greater adverse impact on aquatic
resources as a large project; Robert Leeson, DOAH Case No. 75-2042,
Conley P. Glover and W. E. Kirchoff, Jr., DOAH Case No. 76-1235. The
fact that the cumulative effect of a proposed project cannot be
measured with precision does not relieve an applicant from meeting his
burden of providing reasonable assurance that the proposed project will
not have a cumulative effect of violating applicable water quality
standards; R. E. Lauthain, DOAH Case No. 76-1960, Orange County, DOAH
Case No. 77-648, Robert T. Johnstone, DOMH Case No. 76-2127,
Ronald E. Dowdy, DOMB Case Nos. 79-219 and 79-220. The evaluation of
the potential long-term effects of a project must be based on
conditions which probably will be present upon full development, such
as septic tanks, fertilizer, street runoff, etc.; Kyle Brothers Land
Company, DOMH Case No. 76-607.

In Cappeletti Bros. Inc., v. DER, Case No. 79-1602R (Final Order
entered July 7, 1980), the Department set out how plants, animals, and
aquatic life may be protected under Chapter 403, Florida Statutes.

In addition to the statutory provisions and prohibitions,
the Department in its consideration of applications for
permits considers the long-range effects upon water quality
of the elimination of certain plant communities which are
vital to water quality of waters of the state. It considers
such functions as the "kidney effect' of the vegetative
fringe surrounding a water body. Scientific evidence shows
and it has been found in many cases that the vegetative fringe
surrounding a water body performs a crucial water quality
function of intercepting and treating stormwater from the
uplands, converting otherwise harmful nutrients into detrital
material which can be broken down and assimilated by the
food chain. Without the water treatment provided by these
areas, water bodies in the state would soon be putrid and
no longer useful for the beneficial uses which now make these
water bodies so valuable. This function was recognized by
the hearing officer with his finding that a fringe of saw-
grass would be maintained by the applicant and would serve
to filter out pollutants prior to discharge to the canals.
it is this very function which the Department considers and
seeks to protect. Without this interrelated biological
function and the continued assimilation of nutrients up the
food chain, the waters would be valueless and of poor quality.

In Florida Department of Environmental Regulation vs. Charlie
Bruce, Case No. 80-1481, a hearing officer found Respondent liable for
damages caused by destruction of 0.046 acres of mangroves. In deter-
mining the amount, he considered the productivity loss of the trees.
A final order has not been entered to date on this case.

Ii-52

Permit Review Criteria

Introduction

The dredging and filling of submerged lands and wetlands is not
expressly prohibited by statute or regulation. However, an applicant's
burden of meeting the requirements of Chapters 253 and 403, F.S., and
the implementing regulations is a heavy one. This is largely the
result of the complex relationships which exist between vegetation,
water chemistry, and the animals which inhabit water areas; and with
the difficulty of developing sound scientific information which
provides reasonable assurance that the statutory and rule requirements
will be met.

Chapter 253, F.S.: Regulation of Dredging and Filling on Submerged
Lands Below Mean or Ordinary High Water

1. Statutory Criteria

Sections 253.123 and 253.124, F.S. and Section 17-4.29, FAC,
require that a biological survey, ecological study, and where
deemed necessary by DER, a hydrographic survey be prepared of the
subject site. No permit shall be issued unless the surveys and
study together with information and studies provided by the
applicant affirmatively show:

-- that such activity will not interfere with
the conservation of fish, marine and wildlife
or other natural resources, to such an extent
as to be contrary to the public interest, and
will not result in the destruction of oyster
beds, clam beds, or marine productivity,
including, but not limited to, destruction
of natural marine habitats, grass flats
suitable as nursery or feeding grounds for
marine life, and established marine soils
suitable for producing plant growth of a
type useful as nursery or feeding grounds
for marine life or natural shoreline
processes to such an extent as to be
contrary to the "public interest"; and

-- that the proposed project will not create a
navigational hazard, or a serious impediment
to navigation, or substantially alter or
impede the natural flow of navigable waters,
so as to be contrary to the "public interest";
s. 17-4.29 (6), F.A.C.

Approval for filling navigable waters also must be received from
the appropriate county or municipality; s 253.124(1), F.S.

11-53

2. Interpretation and Implementation

The application of the "public interest" test under Chapter 253,
Florida Statutes, is weighted in favor of the conservation of
natural resources. In general, an applicant for a conveyance or
permit under Chapter 253 must show that some riparian right will
be served or that a public benefit will accrue from the proposed
project which outweighs the loss of the resource. Public interest
factors include impacts on navigation, fishing, swimming, access
to the water adjacent land uses, and aesthetics, as well as the
proposed use of sovereign lands or navigable waters and the
benefits which would accrue to the public. Public interest
determinations are made on a case-by-case basis. No specific
definition of "public interest" has been promulgated by rule or
established by judicial decision, although it has been discussed
in several decisions. The Governor and Cabinet have broad dis-
cretion in the sale of state lands, bounded only by the general
legal principles of abuse of discretion. The DER in the issuance
of permits is bound to follow its rules on qualification for
permits and where the applicant owns the submerged lands, must
observe the prohibition against the taking of private property
without just compensation; Yonge vs. Askew, 293 So. 2d395 (Fla.
Ist DCA 1974), Zabel vs. Pinellas County Water and Nay. Con.
Auth., 171 So. 2d376 (Fla. 1965).

The following factors are listed in Chap. 253, P.S. as factors to
be considered in the evaluation of a dredge or fill permit:

a. hydrographic survey (optional with the state)

b. interference with the conservation of fish, mariner or
wildlife or other natural resources

co destruction of oyster or clam beds

d. destruction of marine productivity including

(1) destruction of natural marine habitats

(2) grass flats suitable as nursery or feeding grounds for
marine life

(3) marine soils suitable for producing plant growth of a
type useful as a nursery or feeding grounds for marine
life

(4) natural-shoreline processes

e. Additionally, for fill projects: assurance of

(1) no harmful alteration of the natural flow of water

is ~~~(2) no harmful or increased erosion

11-54

(3) no shoaling of channels or creation of stagnant areas of
water

(4) no material injury to adjoining land.

These factors reflect the fact that these lands are regulated
under the sovereignty powers of the state and that the right of
the people to fish, boat, and recreate on the lands is a residual
interest in these lands pursuant to the public trust doctrine,
whether or not conveyed into private ownership by the state.

3. Case Illustrations

The following decisions illustrate the application of the "public
interest" test under Chapter 253, Florida Statutes.

a. Application No. 16-25-1338

PROJECT: To create a dock enclosure by: constructing two
4-ft. wide, L-shaped piers 200 ft. long and 160 ft. long,
respectively, each with a 100-ft. L-head; and two proposed
piers will be supported by approximately two hundred 18 by
18-inch concrete pilings and will form an enclosure with a
40-ft. opening; no dredging is associated with the project.

LOCATION: Near Richmond Street and Shadowlawn Place, St.
Johns River, Jacksonville, Duval County, Section 58, Town-
ship 2 South, Range 26 East, not in an aquatic preserve,
Class III Waters.

STAFF ASSESSMENT: A variety of benthic and semi-benthic
organisms inhabit the subject area including mollusks (3
species), amphipods, isopods, mysids, shrimp, crabs (2
species), damselfly nymphs, and gobies. Mullet also inhabit
the area; bream and freshwater catfish are commonly taken by
anglers in this area. Wild celery (Vallisneria) vegetates
shallow bottoms about 200 feet upstream from the subject
area. The piling would eliminate approximately 450 square
feet of viable river substrate and benthic habitat and
enclose approximately one acre of sovereignty land. (a)
Under Chapters 253 and 403, Florida Statutes, and Sections
17-3.05, 17-4.05, and 17-4.28, Florida Administrative Code,
it is the applicant's burden to demonstrate that the proposed
project will not violate present state water quality
standards and will not be contrary to the public interest.
(2) Due to the excessive area of sovereign land to be
preempted from public use, the applicant fails to make an
adequate showing that works for which a permit is sought
would not be contrary to the public interest of citizens of
the State of Florida.

The proposed piling would eliminate approximately 450
square feet of viable river substrate and benthic habitat,

S
II-55

and the dock, by restricting access to approximately one acre
of sovereign river area, would greatly reduce the value of
the natural resources to the public, and restrict the use
thereof, in this enclosed area.

ACTION TAKEN: A certified letter of intent to deny was
issued to the applicant's agent. A hearing pursuant to
Section 120.57, Florida Statutes was not requested. A final
order denying the application was entered by the Secretary of
DER.

b. Application No. 36-20748

PROJECT: To provide access to an authorized boat basin by:
excavating approximately 195 yards of material from submerged
lands of waters of the state to construct a box-cut, 250 ft.
long by 15 ft. wide, by -3.0 ft., mean low water, channel.

LOCATION: Captiva Island, Pine Island Sound, Lee County,
Section 26, Township 45 South, Range 21 East, Pine Island
Sound Aquatic Preserve, Class II Waters, not approved for
shellfish harvesting.

STAFF ASSESSMENT: The project would modify issued Department
of Environmental Regulation permit 36-39-3218M by dredging an
access channel to connect a boat basin to Pine Island Sound.
DER Permit 36-39-3218, issued December 15, 1975, authorized
the applicant to excavate an upland boat basin and access
canal by expanding an existing boat basin. Conditions
prohibiting fueling facilities and discharge of stormwater
were part of this permit. In addition, on sheet 1 of 2, the
applicant noted: "Use of the boat basin will be restricted
to small fishing boats and skiffs. This restriction will
prevent the need for a channel through the existing grass
beds". DER permit 36-39-3218M, an after-the-fact
modification, was issued on February 2, 1977, to authorize
minor changes within the basin.

On May 15, 1977, the permittee applied for a second modi-
fication, designated DER file 36-39-3218MM, to construct a
400 foot long, 15 foot bottom width, -4.0 feet deep, mean sea
level, access channel. Constructing this channel would have
eliminated approximately 16,000 square feet of seagrass. On
October 17, 1977, the Department issued a letter of intent to
deny, and the applicant petitioned for an administrative
hearing. On March 6, 1978, the applicant reduced the length
of the channel from 400 to 250 feet and indicated that this
would be maintenance of a channel which was dredged in the
early 1960's. On June 12, 1978, the applicant further
revised the proposal, to a depth of -3.0 feet deep, mean low
water. Approximately 195 cubic yards of material would be
excavated to construct this channel.

1I-56

Of primary interest to the Department in this case was the
issue of public interest. Was the loss of public grass beds
associated with channel dredging so extensive as to be
contrary to the public interest? The Department, in
answering this question, had to weigh the quantifiable public
losses associated with the project against the gains to be
made by the same general public should the channel be
constructed. The public gains included: access-to marina
facilities, provision of a marked channel, thus preventing
haphazard destruction of grass beds by boats crossing the
flats, berthing space for a Coast Guard Auxiliary vessel.
The staff found that, when weighing the public losses against
the public gains, the project was not contrary to the public
interest.

ACTION TAKEN: The Department provided notice of intent to
issue a permit authorizing excavation of approximately 195
cubic yards of material to construct a channel 250 feet by 15
feet by -3.0 feet, mean low water. The Department received a
petition for an administrative hearing, pursuant to Section
120.57, Florida Statutes, from affected third parties. The
hearing was held and subsequently a final order was entered
by the Secretary of DER granting the permit.

c. Island-in-the-Sun Condominium of Key West, Inc.

PROJECT: Application for an after-the-fact permit to fill a
mangrove area within the city limits of Key West. Petitioner
was convicted in federal court of illegally filling inW
navigable waters of the United States., Prior to being
required to restore the area he was permitted to apply for
after-the-fact permits from the Department of Pollution
Control, Trustees of the Internal Improvement Trust Fund and
the Corps of Engineers.

After review of the application both the Department of
Pollution Control and the staff of the Trustees of the
Internal Improvement Trust Fund recommended denial of the
project. Pursuant to the old Chapter 120, Florida Statutes,
the applicant petitioned for a hearing. The Trustees of the
Internal improvement Trust Fund and the Department of
pollution Control appointed a joint hearing examiner to take
*evidence and made recommendations on whether the permit
should be granted or denied.

A hearing was held in Key West, Florida. Petitioner called
several witnesses and introduced into evidence all of the
agency reports,- which discussed the adverse results of
permitting the project and which recommended denial.

STAFF ASSESSKENT: The Departmuent of Pollution Control and
the staff of the Trustees opposed the issuance of the permit

11-57

on the grounds that the project would adversely affect water
quality and did not comply with the provisions of Chapter
253.124, Florida Statutes.

HEARING EXAMINER'S CONCLUSIONS: Florida Water Quality
Standards for pH and dissolved oxygen might be violated
should the marina be constructed. Grease and oil in the boat
basin would flush out into adjacent waters. The filling or
dredging of the proposed site would subtract from the present
marine environment. The proposed marina area suitable for
spawning fish would be destroyed by the proposed development.
The proposed cumulative effect of destroying mangrove
habitats, such as the applicant contemplated, could have a
deleterious effect on marine productivity in the Key West
area. Since the applicant did not meet its burden of proof,
no testimony was taken from any state witnesses. As a result
of the applicant's failure to present testimony which would
sustain its burden of proof, the Trustees of the Internal
Improvement Trust Fund and the Department of Pollution
Control and Intervenors, the Florida Audubon'Society and the
Riviera Canal Homeowners, upon proper motion were granted a
directed verdict at the close of applicant's case.

HEARING EXAMINER'S RECOMMENDATION: That the Notions for
directed verdict made at the close of applicant's case, be
granted and that the application for permit/certication be
denied.

0 ~~~ACTION TAKEN: Final Order adopting findings of fact,
conclusions of law and proposed order was issued.

Final Order of the Governor and Cabinet:

On appeal of the Department's Final Order the Governor and
Cabinet, sitting as the Trustees of the Internal Improvement
Trust Fund, found that there was substantial competent
evidence to support the final agency order.

First District Court of Appeal:

On appeal of the final appellate order of the Governor and
Cabinet, the District Court of Appeal found that there was
substantial competent evidence to support the final agency
order, and affirmed.

Supreme Court of Florida: Applicant, then sought review of
the decision of the First District Court of Appeal by the
Florida Supreme Court. After reviewing the Petition for
Writ of Certiroari, jurisdictional briefs and portions of
the record deemed necessary to reflect jurisdiction under
Florida Appellate Rule 4.5c(6), the Court denied the
Petition for Writ of Certiorari and, thus, declined to take

jurisdiction of the case. The final order of the Department
was affirmed on appeal by both administrative and judicial
bodies.

Chapter 403, F.S.: Regulstion of Dredging and Filling Through Water
Pollution Control

1. Statutory Authority

The DER is charged by statute with the duty to control pollution
of water. Section 403.061, Florida Statutes (1979). "Water" is
defined at Section 403.031(3) as follows:

"Waters" shall include, but not be limited to rivers, lakes,
streams, springs, impoundments, and all other waters or
bodies of water, including fresh, brackish, saline, tidal,
surface or underground. . ..

The Legislature granted DER broad authority to determine the
landward extent of "water" at Section 403.817(2), which provides
in relevant part:

* . . [T]he department is authorized to establish by rule,
pursuant to Chapter 120, the method for determining the
landward extent of waters of the state for regulatory
purposes. Such extent shall be defined by species of plants
or soils which are characteristic of those areas subject to
regular and periodic inundation by the waters of the State.
The application of plant indicators to any area shall be by
dominant species ....

Newly amended Section 17-4.28(2), F.A.C. provides:

"Pursuant to Sections 403.061, 403.087, or 403.088, F.S.,
those dredging or filling activities which are to be
conducted in, or connected directly or via an excavated water
body or series of excavated water bodies to, the following
categories of waters of the state to their landward extent as
defined by Section 17-4.02(17), F.A.C. require a permit from
the Department prior to being undertaken:"

Under Section 403.087, Florida Statutes:

"No stationary installation which will reasonably be
expected to be a source of air or water pollution shall be
operated, maintained, constructed, expanded, or modified
without an appropriate and currently valid permit issued by
the Department, unless exempted by Department rule."
(Emphasis supplied.)

Under Section 403.031, Florida Statutes, (the definitional sec-
tion of Chapter 403), pollution is defined as:

11-59

I... the presence in the outdoor atmosphere or waters of the
State of any substances, contaminants, noise* or man-made or
0 ~~~man-induced alteration of the chemical, physical, biological,
or radiological integrity of air or water in quantities or at
levels which are or may be potentially harmful or injurious
to human health or welfare, animal or plant life or property
or unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. (Emphasis
supplied.)

it is apparent from the language in Section 403.031, Florida
Statutes, that the Legislature intended the Department of Environ-
mental Regulation to concern itself not only with quantifiable
parameters of pollution in State waters, but also with 'man-made
or man-induced alteration" that is, or potentially might be,
harmful or injurious to "animal or plant life or property" even
though the latter may be necessarily less quantifiable at times.

The language in Section 403.021, Florida Statutes, captioned
"Legislative Declaration Public Policy", clearly spells out the
legislative intent of Chapter 403. In Section 403.021 (2),
Florida Statutes, it is stated:

(2) "It is to be the public policy of this State to con-
serve the waters of the State and to protect, maintain and
improve the quality thereof for public water supplies,
for the propagation of wildlife, fish and other aquatic
life, ... (Emphasis supplied.)

The inclusion of plant, animal and resource protection as a
Department concern is further reiterated in Section 403.021 (6),
Florida Statutes, which states:

"The Legislature finds and declares that control, regulation
and abatement of the activities which are causing or may
cause pollution of the air or water resources in the State
and which are or may be detrimental to human, animal,
aquatic, plant life or to propertyp or unreasonably inter-
fere with the comfortable enjoyment of life or property
be increased to insure conservation of natural resources
to insure and provide for recreational and wildlife needs
...a (Emphasis supplied.)

Section 403.088(3)(c)g Florida Statutes, states that:

"If the Department finds that the proposed discharge will not
reduce the quality of the receiving waters below the
classification established for them, it may issue an opera-
tion permit if it finds that such degradation is necessary
or desirable under federal standards and under circumstances
which are clearly in the public interest." (Emphasis
supplied.)

Section 403.021(5), Florida Statutes, clearly sets out the
legislative intent that the prevention, abatement and control of
the pollution of the air and waters of this state be affected with
a public interest. It is for the purposes of protecting the
health, peace, safety and general welfare of the people of Florida
that the provisions of the Florida Air and Water Pollution Control
Act have been enacted.
Section 403.061(13), Florida Statutes, provides that the Depart-
ment has the power and duty to establish water quality standards
for the state as a whole or for any part thereof. Pursuant to
this authorization and mandate, the Department adopted Chapter
17-3, Florida Administrative Code.
Chapter 17-3, FAC classifies all waters in the state according to
their highest beneficial use. All waters are classified as
Class III unless otherwise classified. All natural coastal waters
are Class III or better except for the Fenholloway River, which is
Class V.
2. Implementation of Rules 17-3 and 17-4, FAC.
Chapters 17-3 and 17-4, Florida Administrative Code, are the
applicable administrative rules adopted pursuant to the legis-
lative mandate in Section 403.061(7), Florida Statutes. Pursuant
to this mandate, the Department has enacted a number of rules that
concern themselves with the effects of pollution on plant and
animal resources, which include, but are not limited to:
a. Section 17-3.051(1)(e), Florida Administrative Code, which
states the minimum criteria for "all waters at all times and
all places", and states that waters shall be free from
pollution win concentrations which are carcinogenic, muta-
genic or teratogenic to human beings or to significant,
locally occurring wildlife or aquatic species.'
b. Section 17-3.061(2)(o), Florida Administrative Code, which
sets criteria for surface waters and states that all surface
waters must not be allowed to have "substances in concentra-
tions which injure, are chronically toxic to, or produce
adverse physiological or behavioral responses in humans,
animals or plants...-
c. Section 17-3.091(21), Florida Administrative Code, which sets
criteria for Class IA waters, states that "In no case shall
nutrient concentrations of a body of water be altered so as
to cause an imbalance in natural populations of aquatic flora
or rauna.,
d. Section 17-3.101(15), Florida Administrative Code, which sets
criteria for Class IB waters and includes groundwaters,
states that there shall be no substances in concentrations
which injure, are chronically toxic to, or produce signifi-
cant adverse physiological or behavioral responses in humans,
animals or plants.-

11-61

e. Section 17-3.101(5), Florida Administrative Code, which
sets the standard for nutrients in Class II waters,
prohibits the alteration of nutrient concentrations
"so as to cause an imbalance in natural populations
of aquatic flora or fauna.'

f. Section 17-3.121(20), Florida Administrative Code, which
sets the standard for nutrients in Class III waters,
prohibits the alteration of nutrient concentrations
"so as to cause an imbalance in natural populations
of aquatic flora or fauna.'

Similar prohibitions against injury to plants and animals appear
in Sections 17-3.111(17) and 17-3.121(7), Florida Administrative
Code.

In Section 17-3.011, Florida Administrative Code, the intent of
Chapter 17-3 is delineated:

Subsection (1) reinforces the agency's commitment to uphold
Article II, Section 7 of the Florida Constitution, which
requires, among other things, "... protection of Florida's
natural resources ..

Subsection (2) is a declaration that the public policy
of the State is to protect waters of the State "... for the
propagation of wildlife, fish and other aquatic life.

Subsection (18) states that the revisions made to Chapters
17-3 and 17-4 "are designed to protect the public health or
welfare and to enhance the quality of waters of the State.
They have been established taking into consideration ...
propagation of fish and wildlife ..."

Sections 17-4.28(8)(a) and (b), Florida Administrative Code,
likewise allow the DER to evaluate fish and shellfish areas in
processing permits in Class II waters and, if dredge and fill
activities might be expected to have an adverse impact on fish or
shellfish, the Department is specifically empowered to deny such
permits.

Another important rule which allows the Department to take
biological factors into account is Section 17-3.121(7), Florida
Administrative Code, ("The Biological Integrity" rule). Under the
"Biological Integrity" rule, the Department has adopted a formula
called the Shannon-Weaver Index, whereby the Department can
measure the number of species diversity of benthic (bottom-
dwelling) macroinvertebrates, (e.g. clams, oysters, snails,
polychaete worms, dragonfly larvae), in a given square unit. The
resulting numbers indicate the overall health and stability of a
particular environment. The animal populations cannot fall below

ii-62

the amounts specified in Section 17-3.121(7), Florida Adminis-
trative Code, without violating the water quality standards set
for Class III waters.

All of the above rules govern the permitting of dredge and fill
projects. To meet the test of 17-3, FAC, DER considers the
functions of wetlands listed below as the basis for approval or
denial of a permit. Through the adjudicatory hearing process,
DER has established as non-rule policy that dredging and filling
of wetlands may not be permitted, if such activity would degrade
the capacity of a wetland to perform those essential water quality
functions unique to the wetlands resource.

The legal basis of considering biological values as incipient
policy, prior agency practice, and as required by agency rule
under Chapter 403, Florida Statutes, was discussed at length in
Cappeletti Bros., Inc. v. DER, Case No. 79-1602R (Final Order
entered July 7, 1980). In that case it was held:

(Incipient Policy)
"Agencies are allowed certain latitude refining
agency policy through adjudication of individual
cases. The Florida Supreme Court recently held
that 'administrative agencies are not required to
institute rulemaking procedures each time a new
policy is developed...although that form of
proceeding is preferable where established
industry-wide policy is being altered."

(Prior Agency Practice)
"Thus, even if the biological concerns discussed
above were first being raised in this case, it
would be permissible under the cases cited above
and under Chapter 120, Florida Statutes. However,
the concerns addressed above are not new policy
of the agency. To the contrary, there is a long
line of cases which have been litigated before the
Division of Administrative Hearings, discussed in
final orders, and appealed to the courts. This is
a well established, fully discussed and explicated
policy. A number of cases in which such concerns
have been discussed and upheld include:

Flossie H. Manucey v. Department of
Environmental Regulation, Case No.
76-1441; Conley P. Glover and W. E.
Kirchoff, Jr., v. Department of
Environmental Regulation, Case No.
76-1235; Orange County v. Department
of Environmental Regulation, Case No.
77-648; E. F. Guyton v. Department of
Environmental Regulation, Case No.
78-1817, and Vo-Salle Farms, Inc., v.
Department of Environmental Regulation,
Case No. 76-1179.

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(Agency Rules)
"The Department adopted rules further establishing
this policy. These rules include: 17-3.021(15),
(16), (20); 17-3.05(1)(a)1.; 17-3.05(1)(f)(i);
17-3.051(1)(e); 17-3.061(1)(o); 17-3.091(6);
17-3.111 (4); 17-3.121; 17-3.121(7), Florida
Administrative Code.

Thus, it has been a long standing and well explicated
policy of the Department that biological considerations
may and in fact are required to be considered under
Chapter 403, Florida Statutes. The water quality
implications of destruction of plant, animal, and
aquatic life must be considered and are an integral
part of the permitting process of Chapter 403,
Florida Statutes.

The Cappeletti order was subsequently challenged as an invalid
rule. The order was upheld in two separate cases: Deltona
Corporation v. D.E.R., Case No. 80-1065R and Occidental Chemical
Company v. D.E.R., Case No. 80-895R.

Specific wetland values which are considered under Chapter 403,
Florida Statutes, include:

a. The "kidney effect" of the wetlands in absorbing nutrients
and converting into detrietal material. Ruzicka v. DER,
Case No. 78-1358, Occidental Chemical Company v. DER, Case
No. 80-895R.

b. The conversion of unwanted nutrients into food material
which is assimilable into the food chain. See Key Haven
Associated Industries, Inc. v. DER Case No. 946.

c. Erosion and sedimentation control provided by wetland species
of plants. In the Key Haven case cited above, the erosion
that would occur as a result of the proposed project was
cited in Finding of Fact No. 6 as a reason for denial. The
Department has adopted a Storm Water Runoff Rule which
specifically addresses this factor.

d. Contamination of acquifer through saltwater intrusion or
stormwater runoff generated by dredge and fill projects. See
definition of waters of the state, Section 403.031(3), F.S.,
which includes underground water.

e. The effects of water pollution on aquatic plants and
animals. See Universal Adams, 44 Fla. Supp. 165 (1974),
Farrugia v. Frederick, 344 So. 2d921 (1st DCA 1977), and
Dowdy v. DER, Case No. 74-219.

The valuable water quality roles which wetlands play in terms of
oxygen levels, assimilation of nutrients, erosion control, sta-
bilization of bottom sediments, habitat, and fish food has been

II-64

established; Flossie H. Manucey, DOAH Case No. 76-1441 (proposed
fill of 140 feet by 200 feet in salt marsh), Conley P. Glover
and W. E. Kirchoff, Jr. DOAH Case No. 76-1235 (proposed 1/4 acre
fill in St. Johns River floodplain), Orange County, DOAH Case No.
77-648 (proposed widening and concreting of vegetated drainage
canal), E. F. Guyton, DOAH Case No. 78-1817 (proposed boat basin).

Chapter 403, Florida Statutes, mandates the protection of plants,
animal, and aquatic life. Section 403.161, Florida Statutes,
prohibits pollution "so as to harm or injure human health or
welfare, animal, plant, or aquatic life or property." Pollution
is defined in Chapter 403, Florida Statutes, as:

"the presence in the outdoor atmosphere or waters of the
state of any substances, contaminants, noise, or man-made or
man-induced alteration of the chemical, physical, biological
or radiological integrity of air or water in quantities or at
levels which are or may be potentially harmful or injurious
to human health or welfare, animal or plant life..."

Requiring restoration of 'the air, waters and property, including
animal, plant, and aquatic life, of the state to their former
condition." is also authorized. Section 403.141(1), Florida
Statutes.

Specific water quality criteria published pursuant to Chapter 403,
Florida Statutes, are found in 17-3, (FAC). The Dredge and Fill
rule, Section 17-4.28(3), F.A.C. requires that each applicant for
a dredge and/or fill permit:

"...shall affirmatively provide reasonable assurance to the
department that the short-term and long-term effects of the
activity will not result in violations of the water quality
criteria, standards, requirements and provisions of Chapter
17-3, Florida Administrative Code."

These statutory and regulatory provisions grant to the department
the authority to affirmatively, predictably and enforceably apply
the specific water quality criteria of Chapter 17-3, F.A.C. for
the protection of wetlands plants, animal and aquatic life.

This protection is not achieved, however, through generalized
habitat preservation as is true in navigable waters under 253 F.S.
As stated in the Recommended Order in Whitehurst & Sons v. DER,
No. 76-1919 (Final Order May 17, 1977):

"[t]he department's only authority for regulation of such a
project as this (Chapter 403 Florida Statutes jurisdiction
only) is on the grounds of water quality, not the preser-
vation of natural habitat."

11-65

Thus, organisms themselves are to be protected from water pol-
lution in the specific sense and not in the ecological sense.

The Orders demonstrating protection of plants, animals and aquatic
life under Chapter 403, Florida Statutes, include Dowdy v. DER,
No. 74-219 (Final Order August 30, 1979). In that case, the
hearing officer recommended denial of the applicant's post hoc
application for a fill permit pursuant to Chapter 403, F.S. and
Section 17-4.28, F.A.C., because the fill would eliminate an
aquatic plant community which contributed to water quality of the
lake and would release nutrients, specifically including phos-
phorus and nitrogen, and upland runoff into the lake, which would
contribute to the eutrophication of the lake with resultant harm
to plant, animal and aquatic life. The hearing officer also
recommended that the Dowdys be required to restore the waters to
their former condition. The Secretary of DER adopted these
recommendations in toto and issued a Final Order denying the
permit.

Another such case applying specific water quality to organisms is
that of Occidental Chemical Company v. DER, Case No. 77-2051,
(Final Order May 6, 1980). DER issued a Notice of Intent to Deny
Occidental's application to excavate in a creek which is waters of
the State. Among the reasons for the Intent to Deny were the
elimination of 300 acres of vegetated wetlands, the presence of
organisms intolerant to the resultant depressed level of dis-
solved oxygen, as well as potential violations of the biological
integrity criterion, increased Biochemical Oxygen Demand, and
nutrient levels. In addition, since the waters involved were
designated as Outstanding Florida Waters, pursuant to 17-3.041,
F.A.C., it was determined that Occidental had not met its burden
of an affirmative showing that its activities were clearly in the
public interest under Section 17-4.242, F.A.C. DER issued a
Final Order adopting the grounds for denial set forth in the
Recommended Order. See also Occidental Chemical Company v. DER,
Case No. 80-895R.

The courts of Florida have upheld the State's use of specific
water quality criteria promulgated pursuant to 403 F.S. to pro-
tect plant, animal and aquatic life. In Department of Pollution
Control v. Universal Adams, Inc., 44 Fla. Supp. 165 (1974)
(attachment 8), the court required the defendant to apply to the
plaintiff for a dredge and fill permit pursuant to the require-
ments of Chapter 403, Florida Statutes, because:

It can reasonably be expected that stormwater would pick
up substances such as tire debris, oils, greases,
fertilizers, nutrients and sediments from such causeway
and golf course areas and would run off into the
Savannas (a wetland area) in such amounts and concen-
trations as to be harmful to plant, animal, and aquatic
life; and that dredging and filling would result in
turbidity in such amounts and concentrations as to be
harmful to plant, animal and aquatic life in the
Savannas.

II-66

In Farrugia v. Frederick, 344 So.2d 921 (1st DCA 1977), a devel-
oper sought review of a decision of the Florida Environmental
Regulation Commission denying a dredging permit to construct a0
dead-end canal which would connect to waters of the State. Among
the reasons for the denial was that fish life would not be able to
exist in the canal due to low dissolved oxygen. The court held
that the permit denial was based on competent, substantial
evidence and affirmed the agency order.

The above discussion demonstrates that specific water quality
criteria promulgated pursuant to Chapter 403, Florida Statutes,
are used at all levels of permit review to protect plant, animal,
and aquatic life and that these decisions have been upheld on
judicial review. -In addition, the small number of decisions based
solely on the protection of these organisms from pollution
demonstrates how few such cases there are. To place these cases
in perspective, the large majority of dredge and/or fill cases
come under the jurisdiction of both Chapters 253 and 403, Florida
Statutes, particularly in coastal areas. Of the cases arising
under Chapter 403, Florida Statutes, in which destruction of
organisms is at issue, some are decided solely on he basis of the
filtration and assimilative qualities of aquatic or wetland
vegetation (the kidney effect). Those few remaining are of the
type discussed above, where plant, animal and aquatic life is
protected from pollution for its own sake.

-it has been stated that Chapter 403, Florida Statutes, is not
meant to protect "habitat' or wetlands per se, in the general
sense. However, since Chapter 403, Floirida Statutes, can and does
protect individual plant, animal and aquatic communities, this
distinction is only a matter of semantics. if the individual
types of organisms in a particular location are protected, then
their habitat is protected. For instance, plants, if protected
from damage or destruction from to pollution, continue to provide
habitat, along with undegraded water, for animals and aquatic
life. Therefore, Chapter 403, Florida Statutes, can be considered
to protect wetland habitat, although it does not expressly provide
such protection.

3. Case Law Examples

A permit may be obtained if the applicant provides information
which shows that the area proposed for dredging or filling
contributes little or nothing to the maintenance of water quality
or aquatic resources. Such a situation may exist where there is a
paucity of vegetation, where other activities, not the work of the
applicant, have eliminated the subject area as a contributor to
the maintenance,-of water quality, or where the proposed project
will reduce significantly, or eliminate a present source of
pollution; Vo-Lasalle Farms, Inc., DOMH Case No. 76-1779
(previously altered drainage pattern, polluting canal would be
eliminated), Edward Shablowski vs. State of Florida Department
of Environmental Regulation, Case No. KK-341 (Florida 1st DCA,
1979), Izaak Walton League of America, et al, DOMB Case Nos.
78-3210 and 78-2311.

11-67

The following two cases illustrate the issuance and denial of
permit applications involving only Chapter 403, F.S., juris-
diction.

a. Application No. 11-50-3769

PROJECT DESCRIPTION: To provide construction sites for
residential development in a planned community by: placing
approximately 700,000 cubic yards of clean upland fill
material onto approximately 94 plus acres of submerged lands
of waters of the state landward of the line of mean high
water; constructing a surface water management system.

LOCATION: Adjacent to Vanderbilt Beach Road, Upper Clam Bay,
Collier County, Sections 32 and 33, Township 48 South, Range
25 East, Sections 4 and 5, Township 49 South, Range 25 East,
not in aquatic preserve, Class III (adjacent to Class II)
Waters.

STAFF ASSESSMENT: This application was received on July 11,
1976. As the project was conceived then, approximately 1.9
million cubic yards of material would be placed onto approxi-
mately 145 acres of submerged lands of waters of the state.
The applicant subsequently made three significant reductions
in the areal extent of its project; the second revision,
accompanied by a study of carbon cycling in the Clam Pass
estuarine system, was received on February 8, 1978. The
revised proposal would have filled approximately 100 acres of
submerged lands of waters of the state with approximately
800,000 cubic yards of clean upland fill material.

The carbon cycling study indicated that the areas proposed
for filling did not contribute significant amounts of
organics to the Clam Pass system. The applicant demonstrated
effective upland control over all significant drainage into
the Clam Pass estuarine system, and agreed to preserve the
significant portions of the Clam Pass estuarine system, other
than those portions expressly intended to be altered pursuant
to the permit application, by means of deeds and restrictive
covenants running with the land.

ACTION TAKEN: On February 16, 1979, at the recommendation of
the staff, the Director of the Division of Environmental
Permitting signed a Notice of Intent to issue a permit for
this project. On March 2, 1979, petition for an adminis-
trative hearing was filed on behalf of Florida Audubon
Society and-.the Sierra Club. On April 27, 1979, petitioners
and the applicant submitted a settlement proposal reducing
the fill material to approximately 700,0000 cubic yards.
This project, as defined by the April 27, 1979 settlement
offer, was permitted by the entry of a Final Order by
the Secretary of DER. The permit provided that (1) the
Is ~~~permittee agrees that, upon receipt of all required local,

11I-68

state, and federal permits, a survey of its property will be
conducted to determine the extent of its work area and
preservation area. A legal description of the preservation
area shall be prepared. The survey and legal description
shall be approved by the Department. Upon receipt of the
Department's approval, the permittee shall complete and
execute and file the Declaration of Restrictions; (2) before
beginning construction pursuant to the permit, the Declara-
tion of Restrictions shall be recorded in Collier County; (3
the water quality of the adjacent waters and any discharges
resulting from the project shall conform to Sections 17-3.02
17-3.05, and 17-3.09, Florida Administrative Code.

b. Application No. 13-8858

PROJECT: To make submerged lands in waters of the state
suitable for development by: excavating 170,340 cubic yards
of material from approximately 7.0 acres for fill material
and 22,660 cubic yards of muck for borrow site preparation;
depositing 150,000 cubic yards of material in waters of stat
to raise the property to Dade County Flood Criteria elevatio
of 8.5 mean sea level.

LOCATION: Near intersection of Krome Avenue and Okeechobee
Road, Section 3, Township 52 South, Range 39 East, not in an
aquatic preserve, Class III Waters.

STAFF ASSESSMENT: The completion of the project would
destroy approximately 27 acres of the Florida Everglades
sawgrass prairie. This land contains waters of the state
and, as a result of the project, the historical hydrologic
sheet flow of the area would be altered. In addition,
completion of the project would result in the elimination of
a productive feeding ground for a variety of freshwater marst
organisms that includes the Florida Everglade kite.
Furthermore, since the sawgrass community contributes to the
maintenance of water quality by the assimilation and trans-
formation of nutrients, its destruction would have an adversE
effect on the water quality of the adjacent wetlands. It car
also be expected, as a result of the increased human activi-
ty, that a variety of deleterious materials (herbicides,
pesticides, heavy metals, petroleum products) would be
introduced through sheet flow and ground water into the
adjacent wetlands. These materials and their degradation
products are known to be toxic to plant and animal life as
well as causing carcinogenic, teratogenic and mutagenic
affects. As a result of these factors, the project would
contribute to the degradation of water quality in the
adjacent wetlands and borrow canal.

ACTION TAKEN: An Intent to Deny and Proposed Order of
Denial was signed August 21, 1978. Subsequently, the appli-
cant requested a 45 day time extension to allow for the

11-69

submission of project modifications. The modifications were
submitted October 16, 1978, however, review of modifications
is ~~by the Department found no evidence that the indicated
changes would provide reasonable assurance that state water
quality standards would be maintained. The applicant was
notified of the Department's finding. The applicant declined
to request a hearing. A final order of denial was entered by
the Secretary of DER.

in cases involving public projects such as ports, highways, beach
renourishment and boat ramps, the public necessity and lack of
reasonable aternatives is taken into account when evaluating the
permit application against adverse impacts on aquatic resources;
Arlington East Civic Association, DOAH Case No. 78-1875.
The following decisions illustrate the application of the
principles of mitigation and public necessity.

a. Application No. 44-37-3684

PROJECT: Proposal by the Florida Department of Transpor-
tation to construct a 320-foot two-lane bridge involving (1)
removal of the existing fender system; (2) construction of
approximately 340 feet of vertical bulkhead with riprap at
the toe except where bulkhead is upland of the line of mean
high water; (3) dredging of approximately 450 cubic yards of
material, recoverable spoil to be deposited on DOT right-of-
way; (4) filling approximately 980 cubic yards of material
waterward of the line of mean high water and 810 cubic yards
of material upland of the line of mean high water but within
the submerged or transition zone'; (5) to Add a 4-foot 10 1/2-
inch pedestrian sidewalk supported by a row of pilings, along
the entire southern side of the proposed bridge; (6) to
remove the existing bridge by pulling up or breaking off the
pilings at the existing bottom contour. All bridge material
is to be deposited on uplands; and (7) to provide for the
removal of the causeway and the creation of new submerged
lands by excavating an additional 6,185 cubic yards of
material landward and 815 cubic yards of material waterward
of the mean high water.

This project was part of a comprehensive program to repair
and widen the Florida Keys Bridges from two lanes to four.
The repair and widening was necessary to reduce the general
risk to the safety of the public, as well as the special
risks associated with disaster evacuations. It involved
permits under'-Chapters 253 and 403, F.S.

LOCATION: U.S. 1, Tavernier Creek, Monroe County, Section
33, Township 62 South, Range 38 East, not in an aquatic
preserve, Class III Waters.

11-70

STAFF ASSESSMENT% As Tavernier Creek is constricted by the
present arrangement of bridge approaches, their removal would
reduce the force of existing daily tidal currents. On the
long-term, increasing the width of Tavernier Creek could be
expected to reduce tidal storm pressure on the bridges and
approaches during times of stress. The Florida Department of
Transportation requested that the subject permit be modified
to include the removal of a portion of the existing causeway
to increase circulation in the project area. This modifica-
tion is proposed as part of the Federal Keys Bridges
mitigation Plan and is to be used in lieu of the original
hydrographic study requested by EPA. The Mitigation Plan
calls for extensive planting of seagrasses to compensate for
grasses destroyed in the four-laning of the Keys Bridges.
This proposal was submitted at a joint state-federal meeting
in Panama City an November 7, 1978. Representatives of COE,
FDER# EPA, NMFS and USFWS attending the meeting concurred
with the proposal.

ACTION TAKEN: A permit was signed by the Assistant Secretary
of DER with conditions relating to construction controls and
water quality monitoring.

b. Application No. 29-6580

PROJECT: Proposal by Tampa Port Authority to construct a
shrimp docking and processing facility by: excavation of
34,500 cubic yards of material waterward of the mean high
water line to provide water depth of 24 feet MLWy placement i
of 34,500 cubic yards of material behind a bulkhead to fill
submerged and transition areas to create upland areas on
which to build four packing houses, maintenance, and fueling
facilities; construction of four 20 foot by 300 foot docks
extending from 40 foot by 20 foot platforms adjacent to each
packing house; and construction of three marine railways. A
total area of 8.8 acres will be impacted.

The purpose of the project was to relocate the shrimp fleet
in Tampa Bay. The fleet had been docking in an area of the
port designed f or the repair of large vessels. Increased
demand on port facilities required the removal of the shrimp
fleet from the repair area. The site selected by the Port
Authority was on and adjacent to a portion of an earthen
causeway along which existed volunteer mangroves.

LOCATION: 22nd Street Causeway, between East Bay and McKay
Bay, City of Tampa, Hillsborough County, Section 29, Town-
ship 29 South, Range 19 East, not in an aquatic preserve,
Class III Waters.

STAFF ASSESSMENT: The original project included the exca-
vation of 78,500 cubic yards of material, the placement of
164,500 cubic yards of material to create docking areas and

11-71

a 1,300 ft. long breakwater, a 200 ft. by 1,300 ft. basin,
and an oil bulk loading facility on the breakwater. The
packing houses were to be constructed over the water on
pilings. The relocation of the packing houses to the fill
should minimize the possibility of discharge and spills from
the packing houses into the water. The elimination of the
bulk oil facility, the basin, and the breakwater reduced the
area with submerged or transition vegetation and water depth
of 2 ft. or less to approximately 4.8 acres. The Tampa Port
Authority committed itself to replanting all the mangroves
that could be moved and revegetating an area equal to that
eliminated. The revegetation areas were to be on a Corps of
Engineers dredge spoil island, CDAD, Fishhook island, and, if
additional areas were necessary, on the south side of a spit
by Bird island.

ACTION TAKEN: A permit was signed by the Secretary of DER
with conditions relating to construction controls and water
quality monitoring.

Co Robert A. Peterson, Lee County
Application for fill permit

PROJECT: Application for permit to fill salt water swamp-
lands along the shoreline of Pine Island, Lee County,
Florida. Applicant owns approximately 100 acres of shore-
front property. Roughly one-half -of applicant's property is
intertidal mangrove swamp. Applicant seeks authorization to
construct several ponds on his property and use the excavated
material to fill the intertidal wetlands to an elevation of
three feet, mean sea level. Applicant proposed to build a
dike along the shoreline, roughly landward of the mean high
water line and then fill behind it.

STAFF ASSESSMENT: No reasonable assurance have been given
that the project will not degrade water quality.

APPLICANT'S ASSESSM4ENT: Applicant contends that he is
entitled to the requested permit because he will not do any
work below the mean high water line and therefore the Depart-
ment is without authority to deny the permit. Applicant also
asserts that the departmental rules relating to idle wetlands
are invalid and that the installation would not be a source
of pollution. Applicant further asserts that permit denial
would amount to inverse condemnation for which the applicant
should be compensated.

HEARING EXAMINER'S CONCLUSIONS: Regardless of the location
of the mean high water line, it is evident that were the
project completed it would result in serious detrimental
effects to the surrounding waters. The destruction of 50
acres of mangrove wetland will have a generally harmful
* ~~~impact upon the waters and marine ecology of the entire

11-72

area. Rule 17-4.28(3), FAC, requires that an applicant for a
permit to affirmatively show that the work will not interfere
with the conservation of fish, marine life and wildlife and
other natural resources. In the absence of reasonable
assurance by the applicant, it is evident that the proposed
project will have adverse effects contrary to both the above
administrative rules.

The regulatory powers of Chapter 403, F.S., are not limited
to navigable waters (the mean high water line), but to
"waters of the state". The tidal wetlands in question are
frequently inundated by normal tidal action and are thus the
"waters of the state". The Department does, therefore, have
jurisdiction over the project.

Applicant has not properly challenged the validity of
Departmental rules by filing a petition with the Division of
Administrative Hearings as required by Section 120.56, P.S.
Therefore, no ruling can be made on the validity of the
Department's rules. Finally, no factual basis was estab-
lished for concluding that denial of this permit would
entitle the applicant to compensation for his lands.

HEARING EXAMINER'S RECOMMENDATION: Denied.

FINAL ORDER: Adopts Recommended Order en toto.

ENVIRONMENTAL REGULATION COMMISSION: Affirmed.

FIRST DISTRICT OF APPEAL: Granted mo tion to dismiss.
Substantive appeal later confirmed.
Marinas And Docks

Marinas and docks may gain approval, if they do not impact upon
dense vegetation by dredging, filling, shading, boat traffic, and if
they do not impede navigation, or service liveaboard vessels. In
addition, spill prevention and abatement controls must be provided;
William S. and Nellie B. Byrd, OAH Case No. 79-350, Peter Mansfield,
DOAH Case No. 79-528.

Certification And Acceptance

Section 403.061(14), ?.S., authorizes the Department of Environ-
mental Regulation (DER), to adopt a rule pursuant to which the Depart-
ment of Transportation (DOT) may perform activities relating to the
maintenance, repair, or replacement of existing structures upon
certification by DOT that they will meet all applicable requirements of
DER. The purpose of'this statutory provision was to reduce the
ordinary permitting time while ensuring that environmental standards
would be met. In June of 1979, DER adopted section 17-4.32, F.A.C.,
which implements the certification and acceptance program with DOT.
The rule authorizes DOT to submit certifications for individual

11-73

Projects, classes of activities, geographical areas or geophysical
O ~features (such as a Particular water body). The rule prescribes
minimum criteria for the certifications and their approval or
disapproval, for their revocation or modification, and for public
notice.

once a certification is accepted by DER, DOT must then notify DER
of each project undertaken pursuant to the certification. while DOT is
responsible for ensuring that a project is conducted in accordance with
the certification, DER retains authority to conduct independent
surveillance of projects.

Compliance Determination

Determinations of compliance with permits are made by on-site
inspections performed by DER's personnel in the field offices. In
addition, permittees frequently are required to submit to the depart-
ment monitoring information specified in their permit.

Enforcement by Department of Environmental Regulation

Permits issued under Chapter 253, Florida Statutes, are enforce-
able judicially pursuant to sections 120.69, 253.04, 253.127, and
403.412, Florida Statutes. Permits issued under Chapter 403, Florida
Statutes, are enforceable pursuant to administrative and juducial
remedies provided by sections 120.69, 403.121, 403.131, 403.141,
403.161, and 403.412, Florida Statutes. Enforcement actions are
. initiated through DER's field offices in coordination with DER's Office
of General Counsel. Cases are tracked by DER's office of Enforcement.
For a discussion of citizen enforcement provisions, see Part II,
Section IIE of this document.

Insuring Consistent Agency Practice by the Department of Environmental
Regulation

The Department discussed this issue in-depth in regard to cumu-
lative impact in Cappeletti Bros., Inc., v. D.E.R., Case No. 79-1602R,
(Final Order entered July 7, 1980).

Section 120.68(12)(b), Florida Statutes, requires a review-
ing court to remand the case to the agency if it finds the
agency's exercise of discretion to be inconsistent with an
agency rule, an officially stated agency policy, or prior
agency practice, if deviation therefrom is not explained by
the agency. The courts have interpreted this to mean that
agencies are bound to follow their previous decisions and
practices unless a good explanation is given for deviation.
it has been described as setting up an ever expanding
library of precedent which would provide predictability of
future agency decisions, based upon actions they have taken
in the past. See MacDonald v. Department of Banking and
Finance, supra. Further requirements are placed upon
agenc~ies by Section 120.53(2), Florida Statutes, which
is ~~~requires an agency to keep a file of all of its final orders

ii-74

available f or public inspection as well as a current subject
matter index of these orders. The Department has complied
with this requirement. Evidence of the use of this subject S
matter index and library of administrative case decisions
before the Department is the number of cases cited by Peti-
tioner to support its application and case. The hearing
officer recognized this principle of adherence to agency
precedent by citing previous decisions of the Department on
similar applications.

Consequently, it is difficult to understand why the hearing
officer has found in this conclusion of law that the agency
may not consider the long-range ramifications of granting
this application, when the precedent of granting this permit
may require the granting of permits to a number of other
similarly situated applicants. The application of this
doctrine is recognized specifically in Section 403.141,
Florida Statutes, where the Department is granted the
authority to take action against several sources of pollution
if it cannot prove the degree of contribution by individual
applicants. The Department can also consider such combined
or cumulative discharges in the preconstruction stages rather
than waiting until the problem occurs.

A number of administrative cases have recognized the author-
ity of the Department to consider past and future agency
practice in the consideration of Chapter 403, Florida
Statutes, permits: Leeson v. Department of Environmental
Regulation, Case No. 75-2042; Glover and Kirchoff v. Depart- i
ment of Environmental Regulationt Case No. 76-1235; Lauthain
v. Department of Environmental Regulation, Case No. 76-1960
Dowdy v. Department of Environmental Regulation, Case No.
79-219.

The conclusions of law of the hearing officer in regard to
cumulative impact are rejected and it is specifically con-
cluded that the Department may consider cumulative impacts as
a part of a review of previous agency practices and future
agency actions that may be mandated by the issuance of a
particular permit.

In Petry v. Department of Environmental Regulation, Case
No. 77-412 (Final Order entered September 12, 1977), the Department
of Environmental Regulation held that:

wSection 120.68(12)(b)p Florida Statutes, requires all
agencies to comply with a type of administrative Stare
decisis. Should the Department grant the above permilt it
may commit itself to granting similar applications on a
state-wide basis.w

Section 120.69(l)(b)v Florida Statutes, allows any substantially
affected person to enforce agency action by the filing of a petition

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for enforcement in circuit court. In addition, Section 403.412,
Florida Statutes, allows any citizen of the state upon filing of a
verified complaint with the agency, to bring an action against the
agency or persons, agencies or authorities violating laws or rules for
the protection of air, water or natural resources of the state. Thus,
an agency such as the Department of Environmental Regulation is sus-
ceptible to suit if it fails to carry out its responsibilities under
the law. The constitutionality of Section 403.412, Florida Statutes
was recently upheld by the Florida Supreme Court in Florida Wildlife
Federation v. South Florida Water Management District and Florida
Department of Environmental Regulation (Florida 1980). The court in
that case also noted that they agreed with lower court opinions that
corporations (including environmental or citizens groups incorporated
as non-profit corporations) were citizens for the purpose of the
Environmental Protection Act.

OWNERSHIP AND MANAGEMENT OF PUBLIC LANDS

The Governor and Cabinet, sitting as the Board of Trustees of the
Internal Improvement Trust Fund, hold ownership over, and are respon-
sible for managing, public lands pursuant to Chapter 253, Florida
Statutes. Chapter 253 was first enacted in 1854 and has been amended
periodically ever since, most recently in 1980 when the Florida
-Legislature provided land management direction to the Board; ss.
253.001, 253.01, 253.02, F.S. Staff duties for the Trustees are
. ~performed by the Division of State Lands of the Department of Natural
Resources, s. 253.002, F.S.

The Board of Trustees is authorized to acquire and dispose of land
subject to the requirements of Chapter 253.025. In addition, the Board
may condemn submerged lands 'as shall be in the public interest and for
a public purpose, ss. 253.02, 253.025, F.S.

Lands owned and managed by the Board of Trustees include 'all
lands owned by, or which may hereafter inure to, the state or any of
its agencies ... excluding lands held for road and canal rights-of-
way, spoil areas and lands required for disposal of materials or borrow
pits, any land title to which is vested or may become vested in any
port authority, flood control district or water management district or
navigation district ...O. These lands include:

-- All marsh, swampy and overflowed lands held by the state, or
which may hereafter inure to said state;
-- All lands owned by the state by right of its sovereignty;
-- All internal improvement lands proper;
-- All sovereignty tidal lands;
-- All lands covered by the shallow waters of the ocean, gulf,
or bays or lagoons thereof, and all lands owned by the state
covered by fresh water;
-- All parks, reservations, or lands or bottoms set aside in the
name of the state, excluding lands held for road and canal
* ~~~rights-of-way; and

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All lands which have accrued, or which may hereafter accrue,
to the state from every source whatsoever, excluding lands O
held for road and canal rights-of-way, etc., ss. 253.03,
253.12, 253.36, P.S.

STATE LANDS MANAGEMENT AND ACQUISITION

The Board of Trustees is required to develop an overall and
comprehensive plan of development for the acquisition, management, and
disposition of state lands to insure maximum benefit and use, 253.03
(7), F.S. In addition, the Trustees are to develop a complete
inventory of all public lands in the state, including lands owned by
local and regional governmental agencies. All state agencies are
required to submit detailed lists of properties owned or managed by
them to the Trustees by December 31 of each year, s. 253.03(8), F.S.

Lands may be acquired by the Trustees pursuant to the Conservation
and Recreation Lands Trust Fund, including lands acquired as environ-
mentally endangered lands pursuant to s. 259.03(2), and for the
following other uses:

-- Natural floodplain, marsh or estuary;
-- State parks, recreation areas, public beaches, state forests,
wilderness areas or wildlife management areas;
-- Restoration of altered ecosystems to restore damage; and
-- Preservation of significant archaeological sites.

When purchasing lands, the Trustees are urged to give high priority
to purchasing lands near population centers, s. 253.023, F.S. The
fund also may be used, pursuant to Chapter 80-356, Laws of Florida
(to be codified as s. 253.023(4), P.S.), to conduct a natural areas
inventory.

In 1980, the Legislature passed Chapter 80-280, Laws of Florida
(to be codified as s. 253.034, P.S.), requiring the Board of Trustees
to manage state lands for multiple use unless a single use was neces-
sary or more desirable. Each state agency which manages lands is
required to develop a land management plan within two years.

SALE AND LEASE OF STATE-OWNED LANDS

The Board of Trustees has authority to sell, exchange, lease, or
grant easements for the use of state lands if certain conditions are
met, ss. 253.12, 253.42, 253.51-253.62, 253.67-253.75, 258.16(3)(a),
258.165(3)(a), and 258.42(a), F.S. Prior to any sale, however, the
lands must be offered to the county government to be used for public
purposes. If the county has no need for the lands, the Trustees may
sell the land, s. 253.111; P.S. A proposed lease, sale or exchange
must also be advertised in a newspaper in the county in which the lands
are located. If there are no objections which would require a public
hearing, the Trustees may take the requested action, s. 253.115, P.S.

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Submerged lands may be sold if the Trustees determine the sale is
in the public interest. Article 10, Section 10, Florida Constitution,
W provides that "Sale or private use of ... (submerged) ... lands may be
authorized by law, but only when not contrary to the public interest".
Before consummating -a sale, the Trustees must determine whether the
sale would 'interfere with the conservation of fish, marine and other
wildlife, or other natural resources, including beaches and shores, and
would result in destruction of oyster beds, clam beds, or marine
productivity, including, but not limited to, destruction of marine
habitats, grass flats suitable as nursery or feeding grounds for marine
life, and established marine soils suitable for producing plant growth
of a type useful as nursery or feeding grounds for marine life, and if
so, in what respect and to what extent, and it shall consider any other
factors affecting the public interest", ss. 253.12(2)(a), 253.12(3),
F.S.

The board also is prohibited from making a sale if the applicant
does not also have pending, an application for approval of a fill
permit, and an application for a permit to dredge fill material, except
that the Trustees may sell the lands if the sale contains a restriction
against dredging or filling, s. 253.12(2)(b), P.S. Rules may be adopt-
ed requiring sales of submerged lands to be preceeded by an ecological
survey conducted at the expense of the applicant, s. 253.12(7), F.S.

The Trustees lease state submerged, and other lands for a number
of purposes. Submerged land leases most commonly are for the purpose
of exploring for oil or gas, aquaculture operations, or for facilities
. such as marinas and other waterfront-dependent operations. Oil and
gas leases are granted only after advertisement in newspapers, receipt
of sealed bids, and a determination of royalties due the state,
ss. 253.45-253.61, F.S.

Aquacultural leases cover the submerged lands and the water column
above the submerged lands? and may be granted so long as the Trustees
find the lease is not contrary to the public interest. Public notice,
and if objections are filed, public hearings, are required prior to
issuing an aquaculture lease, ase. 253.67-253.75, F.S.

The Trustees also are empowered to grant easements and perpetual
easements to riparian owners, s. 253.665, F.S., and to lease, or sell
lands, for mineral exploration and mining, s. 253.45, P.S.

COASTAL CONSTRUCTION

Florida's extensive coastline of several thousand miles coupled
with a very low rise in elevation landward of coastal waters renders
coastal construction a matter of particular concern. The Florida
Legislature addressed this concern by enacting the Beach and Shore

Preservation Act, Chapter 161, Parts I and II, Florida Statutes. The
requirements and constraints of Chapter 161 are in addition to those
of Chapters 253 and 403, Florida Statutes, discussed under Part II,
Section II.B.I., 2., and 13 of this document.

The coastal construction setback line was the first requirement
established under Chapter 161, Florida Statutes. Construction can be
undertaken waterward of that line only pursuant to a waiver or vari-
ance. Subsequent to the enactment of the setback line program, the
Legislature enacted the coastal construction control line approach.
Construction can be undertaken waterward of the control line only
pursuant to a permit. The setback line focuses on the protection of
sandy beaches, while the more recent control line focuses an both
potential hazards to people and property and the protection of the
beach and dune system, Chapter 16B-33.05, F.A.C.

When a control line is established in a particular area, it
replaces the setback 'line and construction is undertaken pursuant to
permits, rather than waivers or variances. The Department of Natural
Resources has adopted rules, codified as Chapter 16B-33, Florida
Administrative Code, to implement the program. The rules prescribe
coastal construction criteria, criteria for establishing and locating
control lines, and procedures for delegation to local governments.
(See Appendix).

Pursuant to Chapter 161.053, the Department of Natural Resources
has established coastal construction control lines in twenty-two
counties. These lines were established as a result of a comprehensive
engineering study, topographic survey, and public hearings as required
by the statute.

LEGISLATIVE GOALS

Section 161.053(1), F.S., provides that:

The Legislature finds and declares that the beaches
of the state, by their nature, are subject to fre-
quent and severe fluctuations and represent one of
Florida' s most valuable natural resources and that
it is in the public interest to preserve and protect
them from imprudent construction which can jeopardize
the stability of the beach-dune system. In further-
ance of these findings, it is the intent of the
Legislature to provide that the department, acting
through the division, shall establish coastal
construction control lines on a county basis
along the sand beaches of the state fronting on the
Atlantic Ocean and the Gulf of Mexico. Such lines
shall be established so as to define that portion
of the beach-dune system which is subject to severe
fluctuations based on a 100-year storm surge or
other predictable weather conditions, and so as
to define the area within which special structural

11-790

design consideration is required to insure pro-
tection of the beach-dune system, any proposed
structure, and adjacent properties, rather than
to define a seaward limit for upland structures.

ADMINISTRATION

The Beach and Shore Preservation Act is administered by the
Department of Natural Resources (DNR). The Department is headed by
the Governor and Cabinet. Daily operations are managed by an Executive
Director. The Act provides for delegation of authority to coastal
counties and municipalities to administer coastal construction control
line requirements; s. 161.053(3), F.S.

The control of construction activities for beach and shore pro-
tection consists of three separate types of regulatory procedures.
The application of these procedures depends upon the type and location
of the proposed structure. Chapter 161.041 F.S. regulates the con-
struction of shore protection structures on sovereignty lands.
Chapter 161.052 regulates construction and excavation activities in
areas subject to the coastal construction setback line. Chapter
161.053 regulates excavation and construction activities in areas
subject to the coastal constriction control line.

CONSTRUCTION AND ACTIVITIES ON SOVERIEGNTY LANDS UNDER TIDAL WATERS OF
THE STATE

Permits from DNR are required for the construction or recon-
struction of shore-protection structures and for other structures or
activities upon sovereignty lands below the line of mean high water in
tidal waters of the state; s. 161.041. Since the areas subject to
regulation under section 161.041, Florida Statutes, are also subject
to regulation under Chapters 253 and 403, Florida Statutes, DNR
applies this section only to the construction or reconstruction of
shore-protection structures. By so doing, redundancy in state per-
mitting is minimized.

COASTAL CONSTRUCTION SETBACK LINE

General Restriction

No dwelling house, hotel, motel, apartment building, seawall,
revetment, or other structure incidental to or related to such struc-
ture, including but not limited to such attendant structures or
facilities as a patio, swimming pool, or garage, may be constructed
within 50 feet of the line of mean high water on the sandy portions of
the coast fronting on the Gulf of Mexico or the Atlantic Ocean, unless
a waiver or variance is granted by DNR; s. 161.052(1), (2), and (5),
F.S.

The setback line restrictions may be superseded by a coastal
construction control line or local coastal construction zoning and
building codes approved in lieu of a control line; s. 161.053 (9),
F�S.

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Exceptions

1. The following activities are expressly exempted from the setback
line restriction: 0

a. structures intended for shore protection purposes and which
are regulated by the permit requirements of section 161.041,
F.S.; s. 161.052(3), F.S.;

b. structures existing or under construction on June 27, 1970;
s. 161.052(3), F.S.; Chapter 16B-33.04, F.A.C.

c. any modification, maintenance, or repair to any existing
structure within the limits of the existing foundation which
does not require, involve, or include any additions to, or
repair or modification of, the existing foundation of that
structure. Specifically excluded from this exemption are
seawalls and any additions or enclosures added, constructed,
or installed below the first dwelling floor or lowest deck of
the existing structure; s. 161.052(6), F.S.

2. Expressly excluded from the areas of the coast subject to the
setback line are "bays, inlets, rivers, bayous, creeks, passes,
and the like"; s. 161.052(1), F.S. In addition, DNR is authorized
to exempt other specifically described portions of the sandy
coastline which, because of their nature, are not subject to
erosion of a substantially damaging effect to the public; s.
161.052(4), F.S. The shoreline fronting the Atlantic Ocean or the
Gulf of Mexico is subject to the setback line, except for the
shoreline in the following counties or areas in which DNR has
determined that high energy beaches do not exist: Wakulla,
Taylor, Dixie, Levy, Hernando, Pasco, Monroe, all islands fronting
the Gulf of Mexico in Collier south of Caxambas Pass, and Soldier
Key, Sand Key, Elliot Key, Rhodes Key, and the Ragged Keys in
Dade.

Waivers or Variances

DNR is authorized to grant a waiver or variance from the setback
line restriction for the following structures:

1. an excavation or erection of a structure which DNR determines is
clearly and unequivocally justified based upon a consideration of
the facts and circumstances of the situation, including engineer-
ing data concerning shoreline stability and storm tides related to
shoreline topography; s. 161.052(2)(a), F.S.

2. a structure along a line closer to the line of mean high water
than the setback line, if such closer line has been established
by a number of existing structures in the immediate contiguous or
adjacent area, is reasonably continuous and uniform, and if the
existing structures have not been unduly affected by erosion.
DNR is prohibited from granting a waiver or variance under this

provision which would contravene the setback requirements estab-
lished by a county or municipality which are equal to, or more
strict than, the state setback requirements; s. 161.052(2)(b),
P.S.; and

3. pipelines or piers extending outward from the shoreline, unless
DNR determines that such structures would cause erosion of the
beach in the area of the structures; s. 161.052(2)(c), F.S.

DNR has adopted regulations setting forth the information which
must be provided by applicants for a waiver or variance; s. 16B-33.05,
F.A.C. Waivers or variances may be subject to conditions imposed by
DNR; s. 16B-33.15, F.A.C. Unless otherwise specified, construction
pursuant to a waiver or variance must be initiated within six months
and completed within eighteen months of issuance. Time extensions may
be granted; S. 16B-33.17, F.A.C.

Enforcement

Violations of the setback line requirements and waivers or
variances are subject to criminal prosecution as a first degree
misdemeanor; ss. 161.052(8), and 161.121, P.S. Structures erected or
excavations undertaken in violation of the setback requirements are
expressly deemed public nuisances; s. 161.052(7), P.S. Public nui-
sances are subject to abatement by injunctive and criminal remedies;
ss. 161.081, 60.05, 823.01, and 823.05, P.S. DNR is authorized to
remove such structure or refill such excavation, if, after notice to
the responsible party, removal or refilling is not completed within a
reasonable time after receipt of the notice. Costs incurred by DNR's
removal or refilling become a lien upon the property involved; s.
161.052(7), P.S., ss. 16B-33.19, 16B-33.20 and 16B-33.21, F.A.C.

COASTAL CONSTRUCTION CONTROL LINES

DNR is authorized to establish on a county-by-county basis coastal
construction control lines for the purpose of defining beach areas
within which special structural design consideration is required to
insure protection of the beach-dune system, any proposed structure, and
adjacent properties; s. 161.053(1), P.S.

Establishment of a Line

Such a line may be established only after a public hearing has
been held in the area to be affected, and only after DNR has determined
that such a line is necessary for the protection of upland properties
and for the control of beach erosion. DNR's determination must be
based upon a consideration of the information presented at the public
hearing and upon a comprehensive engineering study and topographic
survey, ground elevations in relation to historical storm and
hurricane tides, predicted maximum wave uprush, beach and offshore
ground contours, the vegetation line, erosion trends, any dune or
bluff line, and existing upland development. Concurrent with the
is establishment of a coastal construction control line, DNR is required

11-82

to make recommendations to the Governor and Cabinet concerning the
purchase of lands seaward of the line as environmentally endangered
lands or outdoor recreation lands; s. 161.053(11), P.S.

Established control lines are reviewed by DNR periodically.
Reviews may be initiated by request of officials of an affected county
or municipality or by request of any affected upland riparian land-
owner; s. 161.053(2), P.S., s. 16B-33.10, F.A.C.

Effect of a Control Line on the Setback Line

Once a coastal construction control line has been established or a
local coastal construction zoning and building code has been approved
in lieu of such a line, the coastal construction setback line and
requirements are deemed superseded by the control line or local code
requirements; s. 161.053(9), P.S.

Coastal construction control lines have been established by DNR in
all coastal counties to which the setback line applies (see subsection
entitled "General Restriction", above), except for Dade and Broward
Counties. Control lines will be established in Dade and Broward
Counties as soon as possible.

Local Government Role

- A coastal county or municipality may establish coastal construc-
tion zoning and building codes in lieu of the state requirements
associated with a coastal construction control line. Once approved by
DNR as adequate to protect the shoreline from erosion and to safeguard
adjacent structures, such codes operate in lieu of state requirements.
In addition to evaluating the substantive requirements of the codes,
DNR must also evaluate the sufficiency of the local governments funds
and personnel allocated to administer the codes. If, after approval of
a local code, DNR determines that the codes are being inadequately
administered, DNR is authorized to revoke its prior approval thereby
reinstituting the effectiveness of the state requirements; s. 161.053
(3), F.S., ss. 16B-33.22 and 16B-33.23, F.A.C. To date, local codes
have been approved in Lee, Pinellas, Sarasota and Okaloosa Counties.

General Restriction and Permits

Upon the establishment of a coastal construction control line, no
structure may be constructed, excavation undertaken, beach material
removed, or other alteration of existing ground elevations made sea-
ward of the line without a permit from DNR. Furthermore, no vehicle
may be driven on, over, or across any sand dune located seaward of the
line; s. 161.053(2), F.S.

Permits may be granted by DNR in the following situations:

1. The department may authorize an excavation or erection of a
structure at any riparian coastal location as described in
subsection 161.053 (1) upon receipt of an application from a

II-83

riparian owner and upon the consideration of facts and circum-
stances, including adequate engineering data concerning shoreline
stability and storm tides related to shoreline topography, which,
in the opinion of the department, clearly justify such a permit;

2. If in the immediate contiguous or adjacent area a number of
existing structures have established a reasonably continuous and
uniform construction line closer to the line of mean high water
than the foregoing, and if said existing structures have not been
unduly affected by erosion, a proposed structure may be permitted
along such line on written authorization from the department if
such proposed structure is also approved by the department.
However, the department shall not contravene setback requirements
or zoning or building codes established by a county or munici-
pality which are equal to, or more strict than, those require-
ments provided herein.

3. The department may authorize the construction of pipelines or
piers extending outward from the shoreline, unless it determines
that the construction of such projects would cause erosion of the
beach in the area of such structures.
DNR has promulgated rules governing the issuance of permits;
Chapter 168-33.06, 16B-33.07, 16B-33.08, F.A.C.

Exemptions

1. Structures exempt from the requirements associated with a coastal
construction control line are as follows:

a# structures intended for shore protection purposes and
which are regulated by section 161.041, F.S.; s. 161.053 (7),

b. structures existing or under construction prior to the
establishment of the line, unless a material alteration is
proposed; s. 161.053(7), F.S.

c. the modification, maintenance, or repair to any existing
structure within limits of the existing foundation which does
not require, involve, or include any additions to, or repair
or modification of, the existing foundation of that
structure. Specifically excluded from this exemption are
seawalls and any additions or enclosures added, constructed,
or installed below the first dwelling floor or lowest deck of
the existing structure; s. 161.053(10), F.S.

2. in addition to the structures which are exempt, DNR is authorized
to exempt by rule specifically described portions of the coast-
line which it determines are not subject to erosion of a substan-
tially damaging effect on the public; S. 161.053(8), F.S. The
same coastal areas exempted from the setback line have been
exempted from the coastal construction control lines; see sub-
Is ~~section entitled -General Restrictionw above.

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Enforcement

The enforcement remedies for violations of the coastal construc-
tion control line requirements are basically the same as those for the
coastal construction setback line. However, driving a vehicle on,
over, or across any sand dune and damaging or causing to be damaged
such dune, or the vegetation growing on the dune, constitutes a vio-
lation of the control line and is subject to a criminal prosecution as
a second degree misdemeanor; ss. 161.053(5) and (6), and 161.121, F.S.

BEACH NOURISHMENT AND EROSION CONTROL

The Legislature has authorized the Governor and Cabinet, acting
through DNR, to undertake beach nourishment and erosion control
projects in conjunction with local governments and the federal govern-
ment; ss. 161.141 through 161.45, F.S. County commissions act as
beach and shore preservation authorities with powers to acquire land
by eminent domain, levy ad valorem and special benefit taxes, and
issue bonds for beach and shore preservation projects; ss. 161.25,
161.36, 161.37, and 161.38, F.S.

OUTDOOR RECREATION AND CONSERVATION

The State of Florida has several programs designed to provide for
the outdoor recreation of its residents and visitors and for the
conservation of lands. These programs include state parks, wilderness
areas, aquatic preserves, environmentally endangered lands, and
recreational trails. Provision is made for the acquisition and man-
agement of areas for these purposes in Chapters 258, 259, 260, 372 and
375 of the Florida Statutes. Additional discussions of these programs
may be found elsewhere in Section II of this document and in the
Appendix.

LEGISLATIVE GOALS

Section 258.037, Florida Statutes, provides that:

it shall be the policy of the state to promote
the state park system for the use enjoyment, and
benefit of the people of Florida and visitors;.
to acquire typical portions of the original domain of
the state which will be accessible to all of the
people, and of such character as to emblemiz4 the
state's natural values; conserve these natural values
for all time; administer the development, use and
maintenance of these lands and render such public
service in so doing, in such a manner as to enable
the people of Florida and visitors to enjoy these
values without depleting them; to contribute materially
to the development of a strong mental, moral, and
physical fibre in the people; to provide for perpetual

II- 85

Ipreservation of historic sites and memorials of statewide
sigifcaceand interpretation of their history to
the people; to contribute to the tourist appeal ofI
Florida.

Section 258.18, Florida Statutes, provides

that it is the legislative intent to establish
a state wilderness system consisting of designated
wilderness areas which shall be set aside in
permanent preserves, forever off limits to incom-
patible human activity. These areas shall be
dedicated in perpetuity as wilderness areas and
shall be managed in such a way as to protect and
enhance their basic natural qualities for public
enjoyment and utilization as reminders of the
natural conditions that preceded man.

ADMINISTRATION

The outdoor recreation and conservation programs are managed by
the Department of Natural Resources (DNR). The DNR is headed by the
Governor and Cabinet and managed on a daily basis by an executive
director; s. 20.25, F.S.

The Outdoor Recreation and Conservation Act of 1963 requires the
Department of Natural Resources to develop a comprehensive multi-
. purpose outdoor recreation and conservation plan; s. 375.021 (1), F.S.
The Department is authorized to acquire lands, water areas, and
related resources for outdoor recreation, wildlife management, for-
estry management, nature preservation, water conservation and control
and other similar purposes; s. 375.031, F.S. Funding is provided by
the Land Acquisition Trust Fund which is comprised of legislative
appropriations and money from the operation, management, sale, lease,
or other disposition of state land, water areas, related resources and
the facilities thereon acquire.] or constructed under the Act; s.
375.041, F.S. Special provision is made for assisting local govern-
ments in the acquisition of public beach properties; s. 375.065, F.S.
The Game and Fresh Water Fish Commission is authorized to regulate the
use of off-road vehicles on public recreational lands; s. 375.313,
F.S. it is a second degree misdemeanor to damage trees, flora, sand
dunes or other environmentally sensitive land, roads, trails, drainage
systems or natural water cours.es or sources, wildlife resources on
public recredtional lands; s. 375.314, F.S.

STATE PARKS

The Department of Natural Resources is authorized to acquire by
purchase, donation, condemnation, or otherwise lands for use as state
park areas and to adopt regulations for the management and use of such
areas; ss. 258.007 and 258.011, F.S. The Department may also grant
leases, concessions, and permits for the use of park areas for the
accommodation of visitors provided that such uses do not interfere

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with or deny the public free access to natural curiosities or objects
of interest; s. 258.007(3), F.S. DNR has the authority to charge fees
for the use by the public of park areas; s. 258.014, F.S.

STATE WILDERNESS AREAS

The Department of Natural Resources is authorized to set aside
state lands for preservation as wilderness areas for hiking, swimming,
fishing, restricted boating, hunting, picnicking, sightseeing, primi-
tive camping, nature study, and research. Additional, but not exclu-
sive, purposes for which wilderness areas may be established include
natural water storage, groundwater recharge areas, preservation of
estuarine and marsh systems, and fish and wildlife breeding grounds and
refuges; s. 258.21, F.S. To date five wilderness areas have been
established.

In the establishment of wilderness areas, DNR is required to give
priority consideration to areas which are in close proximity to urban
or rapidly developing areas, are in imminent danger from some other
source, are designed to protect rare or endangered species or other
unique natural features, or which constitute the last vestiges of
natural conditions in a region; s. 258.26, F.S. The Department is
required to adopt rules prescribing general management criteria for
wilderness areas; s. 258.30, F.S. Activities or uses prohibited by
statute include:

1. Dredging and dredge spoil dumping;

2. Artificial drainage or impoundments;

3. Farming;

4. Clearing of land;

5. Dumping of wastes;

6. Mining;

7. Pesticide spraying, except emergency measures required to protect
public health and spraying for forestry disease control;

8. The use of motorized vehicles on land or water, except for
emergencies or valid management purposes; and

9. Removal of timber, except to restore original plant communities.

AQUATIC PRESERVES

The state has established some 34 aquatic preserves, most of which
are located in coastal counties; ss. 258.16, 258.165, 258.39, 258.391,
and 258.392, F.S. Aquatic preserves are areas which are to be
maintained in essentially natural or existing conditions for their
biological, aesthetic, or scientific values; ss. 258.37 and 258.38,

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F.S. Limitations are placed on dredging, spoiling, waste discharges,
and the erection of structures within preserves; s. 258.42, F.S. The
drilling of oil or gas wells within preserves is prohibited; s. 258.42
(3)(c), F.S. The Board of Trustees of the Internal Improvement Trust
Fund (Governor and Cabinet) have the authority to adopt rules for the
management and use of preserves; s. 258.43, F.S. Such rules have been
adopted for the Biscayne Bay Aquatic Preserve, as well as a general
rule for all the preserves (see Appendix for adopted rules).

ENVIRONMENTALLY ENDANGERED LANDS

The State of Florida issued $200 million in bonds for the purchase
of environmentally endangered lands containing unique and irreplaceable
ecological resources. Lands are selected for purchase by the Governor
and Cabinet based upon the recommendations of an interagency selection
committee; s. 259.04, F.S. The selection committee is comprised of the
Secretary of the Department of Environmental Regulation, the executive
director of the Department of Natural Resources, the director of the
Division of Forestry of the Department of Agriculture and Consumer
Services, the executive director of the Game and Fresh Water Fish
Commission, the director of the Division of Archives, History, and
Records Management of the Department of State, and the Secretary of the
Department of Administration; s. 259.035, F.S.

With regard to each proposed project, the selection committee is
required to prepare a report which addresses the project's ecological
value, vulnerability, utilization, location, cost, and any other
relevant factors; s. 259.035, F.S. Prior to the selection committee
making a purchase proposal to the Governor and Cabinet, a public
meeting on the proposal must be held in the county where a majority of
the land is located; s. 259.07, F.S.

RECREATION TRAILS

The 1979 Legislature enacted the Florida Recreational Trails Act
of 1979 for the purpose of providing greater public access to the use,
enjoyment, and appreciation of the outdoor areas in Florida and to
conserve, develop, and use the natural resources of the state for
healthful and recreational purposes; s. 260.012 (1), F.S. Recreational
trails are public trails for horseback riding, hiking, bicycling,
canoeing, and jogging; s. 260.013(1), F.S. In administering the
program, the Department of Natural Resources is authorized to acquire
trail areas by means other than condemnation and to promulgate rules
for the use of recreational trails; ss. 260.016 and 260.017, F.S.

STATE FORESTS

The Division of Forestry, operating under Chapter 589, F.S.,
promotes outdoor recreation in state forest areas. The Division's
primary outdoor recreation objective is to maximize compatible recre-
ational use of forestlands. Through the years, development of recre-
ation in state forests has been guided largely by public demand. It

ranges in scope from the development of game habitat as part of the
basic forest management program to the provisi~on of fully developed0
campgrounds.

Florida's state forest system, consisting of four forest areas
with over 306,000 acres, provides opportunities for many outdoor
recreation activities such as hunting, fishing, camping, picnicking,
and nature study. All state forests must be managed in the interests
of the public. The Division of Forestry has the authority to acquire
state forest areas through eminent domain.

SPECIAL TAX TREATMENT FOR CONSERVATION EASEMENTS

Special ad valorem tax treatment is available to private owners
of environmentally endangered land or land utilized for public outdoor
recreational or park purposes. The special treatment is gained by an
owner conveying the development right or covenanting that the land
will be subjected to conservation restrictions to the governing board
of a county or to the Governor and Cabinet. Outdoor recreational or
park purposes include historical, archaeological, scenic, or scien-
tific sites open to the general public; s. 193.501, F.S.

ECONOMIC DEVELOPMENT

Chapter 288, Florida Statutes, deals with the Economic develop-
ment of the state. Administration is through the Division of Economic
Development of the Florida Department of Commerce.

LEGISLATIVE GOALS

Section 288.03, F.S., provides that the general purpose of the
act and the division is:
.4to guide, stimulate, and promote the coor-
dinated, efficient, and beneficial development
of the state and its regions, counties, and
municipalities in accordance with present and
future needs and resources and the requirements
of the prosperity, convenience, comforts health,
safety, and general welfare of the people of the
state..

The division is charged to promote and develop industry, encour-
age commerce and the sale of Florida products, and encourage employ-
ment opportunities for Florida citizens. It conducts a promotional
and advertising campaign designed to attract industry, business and
jobs, ss. 288.03(1)-(5)p F.S.

By January 15 of each year, the Division must submit recommenda-
tions to the Governor and Legislature on "uhactions or measures as
are necessary or desirable to remove barriers to free and advantageous

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flow of commerce and to relieve restrictions or burdens imposed by law
. or otherwise which adversely retard or affect the legitimate expansion
and development of commerce and industry", ss. 288.03(9) and (16), F.S.
The division encourages research into ways to further uses of the
natural and other resources of the state, promotes and encourages
expansion and development of markets for Florida products, and serves
as a clearinghouse for research and planning designed to relieve the
industrial problems of the state, ss. 288.03(10)-(12), F.S.

INDUSTRIAL SITING

The Florida Legislature enacted the Florida Industrial Siting Act
in 1979; Ch. 79-147 (Laws of Florida). The Act was a response to the
desire to encourage new industry in Florida consistent with the pro-
tection of the State's natural resources and environment. It was the
conclusion of the Legislature that an optional consolidated permit
review process would facilitate the accomplishment of the goal to
expand Florida's industrial base. The Act is patterned after the
Florida Electrical Power Plant Siting Act. It provides a procedural
format, but does not establish new standards for the review of
projects.

GENE RAL

For industries which qualify and which apply under the optional
* ~act, the Industrial Siting Act brings all state and regional agencies
into a single forum to consider permitting or other regulatory require-
ments for the project. Although the procedures of the Siting Act are
patterned closely upon those of the Electrical Power Plant Siting Act
(discussed earlier in this section), the Industrial Siting Act does not
preempt the jurisdiction of local governments. Local government
approval is a condition precedent to issuance of a site certification.

The Act is administered by the Department of Environmental
Regulation which accepts applications, distributes them to appropriate
state and regional agencies, conducts studies and consolidates the
studies of other agencies into a report for the Siting Board. Final
agency action is taken by the Governor and Cabinet sitting as the
"Siting Board".

One hearing is required under the Act -- the Certification
Hearing. Local government approval must have been received before a
certification hearing may be scheduled. Failure to receive timely
local approval results in postponement, and possible eventual cancel-
lation, of the hearing-. Hearings are conducted by an independent
hearing officer.

The act includes a pre-application procedure designed to allow
applicants to receive binding statements on the materials which will be
required during the certification process.

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As with the Power Plant Siting Act, the Industrial Siting Act
imposes no new standards upon an applicant:. The seven-month-long
process is designed to allow consideration of all pre-existing agency
standards in one procedure. Certification may include variances from
agency standards which were specifically considered during the process.

LEGISLATIVE GOALS

Section 288.502(1), F.S., provides that:

The Legislature finds and declares that, in order
to protect and promote the health, safety, welfare,
and prosperity of the state and its citizens and
improve the quality of life of t~he citizens of
the state, it is appropriate to promote the
creation of new jobs for Florida's citizens
and expansion of the industrial economy of the
state, so long as such projects are consistent
with the protection of our natural resources
and environment, and are located, constructed,
and operated in a manner that facilitates
orderly and planned growth and development in
the state. The Legislature further finds that
the accomplishment of such public purposes
requires that the state establish procedures
to coordinate and facilitate state decisions
relating to industrial plant siting, new business
development, and expansion of existing facilities0
so as to enhance job opportunities for citizens
of this state who are unemployed or underemployed.

Section 288.502(2), F.S., provides that:

The Legislature finds that: these objectives can
best be achieved by the implementation of a process
whereby all state permit applications are
centrally coordinated and all state permit
decisions are reviewed on the basis of standards
and recommendations of the deciding state
agencies. It is the intent of the Legislature
that this procedure shall not compromise stan-
dards or policies for the protection or enhance-
ment of the state's natural resources and
environment.

THE SITING PROCESS

The Florida Industrial Siting Act provides persons with an
optional licensing procedure under which all required state permits
and approvals may be sought at one time through a coordinated and
consolidated review process; s. 288.502(3), F.S.

Applicability

The Act may apply to any new business activity and to the expan-
sion of or addition to an existing business activity which meets the
following criteria:

1. it must have the potential for creating 50 or more fulltime
employment opportunities;

2. it must engage in industrial, commercial, wholesale, or retail
business, but it must not involve residential housing construc-
tion or development or be an electrical power plant subject to
certification under the Florida Electrical Power Plant Siting
Act;

3. it must need licenses from two or more state or regional govern-
ment agencies;

4. it must be water dependent and consistent with an applicable
aquatic preserve act, if it is to be constructed within an aquatic
preserve; and

5. it must be consistent with state water quality standards and
requirements, if it is to be constructed within or discharge into
Outstanding Florida Waters as defined by Chapter 17-3, F.A.C., as
amended; s. 288.503(13), F.S.

Administration

The Act is administered by the Department of Environmental
Regulation; s. 288.504, F.S. Final decisions on applications filed
under the Act are made by the siting board which is comprised of the
Governor and Cabinet; ss. 288.503(3) and 288.511, F.S. The Department
has promulgated Chapter 17-23, F.A.C., to implement the Act. The Act
contemplates a seven-month processing period; ss. 288.510(l)(a) and
288.511(1), F.S.

Notices of Intent and Binding Written Agreements

Prior to applying for certification, a person may file a notice of
intent to file an application in order to secure from the Department a
binding written agreement setting forth:

1. the studies and reviews which will be included within the cer-
tification proceedings;

2. the data to be included with the application;

3. the level of information to be required in the application; and

4. deadlines for the submission of data; s. 288.508, F.S.; and s.
17-23.04, F.A.C.

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Notices of Intent must be accompanied by a fee of $2,500 and
certain minimum information; s. 17-23.04, F.A.C. Binding written
agreements are valid for two years, and bind the Department, other
signatory agencies, and the applicant unless modified by agreement;
s. 17-23.04(6), F.A.C.

Applications for Certification

Applications for certification must follow the format and be
supported by information and technical studies prescribed by the
Department; s. 17-23.05(1), F.A.C. The application must address
adjacent land uses, soils, vegetation, drainage, master development
plan, existing and proposed public facilities serving the site,
existing highway and transportation network, economic impacts,
impacts on necessary public facilities and services, impacts on
transportation facilities, energy demands, and impacts on
archaeological and historical sites; s. 17-23.20, F.A.C.

Applications must be accompanied by the appropriate fee as
set forth in a graduated scale ranging from $10,000 to $25,000;
s. 17-23.05(3)(a), F.A.C. Procedures are established for deter-
mining the completeness of applications and the sufficiency of the
information submitted in support of applications; s. 288.507, F.S.,
and ss. 17-23.07, F.A.C.

Local Government Approval

No certification hearing can be held until the project has been
approved by the affected local government as being in compliance with
Chapter 380, Florida Statutes, and all local development ordinances
(including, but not limited to, zoning, land use, pollution control,
and local government comprehensive plan). Such approvals remain valid
for two years during which time the zoning and land use of the project
may not be altered except with the concurrence of the applicant, or as
provided for in section 163.3191, Florida Statutes; s. 288.505, F.S.

Studies

The Department of Environmental Regulation is required to conduct,
or contract for, studies of the proposed project. Such studies must
address environmental impacts, economic impacts, impacts on public
facilities, energy demand, site features, water quantity demands, and
impacts on works or properties of state agencies; s. 288.509(4),
F.A.C., and s. 17-23.08, F.A.C. Studies must also be conducted by the
Department of Veterans and Community Affairs and the appropriate water
management district. Both consider the impact of the project on
matters within their jurisdiction.

Parties and Public Notice

The Department of Environmental Regulation, the Division of State
Planning (now Local Resource Management), the appropriate water manage-
ment district, the applicant, and the Department of Natural Resources,

II-93

where state lands are involved, and are mandatory parties to the
certification proceeding. Liberal provision is made for intervention
by other agencies, affected local governments, and domestic non-profit
organizations; s. 288.510, F.S. Public notice requirements for notices
of intent, applications, and hearings are prescribed in section
17-23.09, Florida Administrative Code.

Certification Hearing

The certification hearing is conducted by an independent hearing
officer assigned from the Division of Administrative Hearings in the
Department of Administration; ss. 288.507 and 288.510, F.S. Hearings
are conducted in the county where the site is located and as near to
the site as practicable; s. 288.510(1), F.S., and s. 17-23.11, F.A.C.
The hearing procedures of Chapter 120, Florida Statutes, the Adminis-
trative Procedure Act, are applicable; s. 288.510(4), F.S., and s. 17-
23.11, F.A.C. At the conclusion of the hearing, the hearing officer
submits a recommended order to the siting board (Governor and Cabinet).
The recommended order must include findings of fact and conclusions of
law as to each license required of the applicant by law and the stan-
dards governing those licenses; s. 288.510(l)(a), F.S.

Certifications

Applications for certification are approved or denied by the
Governor and Cabinet; s. 288.511, F.S. Approvals may include vari-
ances, exceptions, and exemptions which are allowed by law from non-
procedural standards or rules of agencies who were parties to the
proceedings; s. 288.514(2), F.S. Certifications are valid for seven
years and may include conditions deemed appropriate by the siting
board, ss. 288.511(1) and 288.514(5), F.S. New or stricter criteria
adopted subsequent to certification by the Department of Environmental
Regulation are applicable to certified projects, unless they involve a
requirement for which an express variance, exception, or exemption was
granted in the certification; s. 288.514(4), F.S.

Provisions are made for the revocation, suspension, modification,
and renewal of certifications; ss. 288.514(5), 288.515, and 288.518,
F.S., and ss. 17-23.17, 17-23.18, and 17-23.19, F.A.C. Certifications
are enforceable pursuant to the administrative and judicial provisions
of Chapter 403, Florida Statutes; s. 288.517, F.S.

PORT FACILITIES FINANCING LAW

The Port Facilities Financing Law, Chapter 315, F.S., was enacted
"for the welfare of the inhabitants of the state' to allow port dis-
tricts or port authorities to finance and develop harbor and shipping

II-94

facilities at suitable locations around the state. The Legislature
determined that port facilities constitute a public purpose and the
Proper performance of public and governmental functions, and as such,
should be exempt from state or local tages. Port districts and
authorities also have authority to issue bonds, to acquire property by
eminent domain, and to promote and advertise the developed-port
facilities.

PORTS MAINTENANCE DREDGING AND SPOIL DISPOSAL

The 1981 Florida Legislature amended Chapters 403 and 376, F.S.
to create opportunities for resolving maintenance dredging and spoil
disposal problems.

LEGISLATIVE GOALS

The state legislative policy, set forth in S. 403.021, F.S.
declares that:

"it is essential to preserve and maintain
authorized water depth in the existing navigation
channels, port harbors, turning basins, and harbor
berths . . . in order to provide for the continued
safe navigation of deep-water shipping commerce."

This law authorizes DER to develop a regulatory process enabling
ports to maintain channels in an environmentally sound, expeditious,
and efficient manner. In order to achieve this, the law further
authorizes the Department to develop standards and criteria for waters
used for deep-water shipping, and, where necessary, create a separate
classification for such waters.

Section 403.816, F.S. establishes a permit system under
Chapters 403 and 253, F.S. providing for up to 25 year maintenance
dredging permits at the ports of Jacksonville, Tampa, Port Everglades,
Miami, Port Canaveral, Fort Pierce, Palm Beach, Port Manatee,
Port St. Joe, Panama City, and Pensacola. In addition, spoil
disposal is exempted from certain requirements if spoil is deposited
in approve areas.

The Department of Natural Resources is directed to establish
a priority acquisition and improvement program for spoil disposal
sites to be acquired using money from the Florida Coastal Protection
Trust Fund. The law also provides for disbursement of money from
the Fund.

II-95

TRANSPORTATION ADMINISTRATION

The Legislature, in adopting Chapter 334, established the
"Florida Transportation Code' and determined that 'the development
of a balanced and efficient transportation system adequate to meet
current and future transportation needs of the state is essential
to the commercial life and general welfare of the people of the
state and to the national defense', s. 334..22(1), F.S. The
Department of Transportation and local governments are responsible
for developing an integrated, efficient and well-balanced state
highway system.

POWER PLANTS AND ELECTRICAL TRANSM4ISSION LINES

The siting of electrical power plants and electrical transmission
lines is governed by the Florida Electrical Power Plant Siting Act,
Part II, Chapter 403, Florida Statutes.

POWER PLANTS

Legislative Goals

Section 403.502, F.S., provides that:

The legislature finds that the present and predicted
growth in electric power demands in this state
requires the development of a procedure for the
selection and utilization of sites for electrical
generating facilities and the identification of a
state position with respect to each proposed site.
The legislature recognizes that the selection of
sites and the routing of associated transmission
lines will have a significant impact upon the
welfare of the population, the location and
growth of industry, and the use of the natural
resources of the state. The legislature finds
that the efficiency of the permit application
and review process at both the state and local
level would be improved with the implementation
of a process whereby a permit application would
be centrally coordinated and all permit decisions
could be reviewed on the basis of standards
and recommendations of the deciding agencies.
it is the policy of this state that, while
recognizing the pressing need for increased power

generation facilities, the state shall ensure
through available and reasonable methods i
that the location and operation of electrical
power plants will produce minimal adverse
effects on human health, the environment, the
ecology of the land and its wildlife, and the
ecology of state waters and their aquatic life.
It is the intent to seek sources of action that
will fully balance the increasing demands for
electrical power plant location and operation
with the broad interests of the public. Such
action will be based on these premises:

(1) To assure the citizens of Florida that
operation safeguards are technically
sufficient for their welfare and pro-
tection.

(2) To effect a reasonable balance between
the need for the facility and the
environmental impact resulting from
construction and operation of the facility,
including air and water quality, fish and
wildlife, and the water resources and
other natural resources of the state.

(3) To provide abundant, low-cost electrical
energy.0

GENE RAL

The Florida Electrical Power Plant Siting Act was one of the
first laws of its kind in the nation. Because of its success, it has
become a model for attempts by other states to unravel the web of
regulatory requirements which surround the siting and licensing of
electrical power plants. The Act provides a single centralized forum
for all aspects of the siting, construction, and operation of fossil
fuel and nuclear power plants.

All local, regional and state laws and regulations are considered
together in the Florida power plant siting process. Each agency--from
whichever level of government--with a regulatory or other concern with
the siting, construction, or operation of these facilities is either a
mandatory party to the proceedings, or easily can become a party, and
can participate. The siting act imposes no new standards or require-
ments upon the utiliti'es industry. It is designed to incorporate all
agency standards which--in the absence of a siting act--would other-
wise be imposed upon the utility.

One agency--The Department of Environmental Regulation (DER)--is
the coordinator/administrator of the siting process. It accepts the
application, distributes it to all other involved agencies, publishes
the required public notices, develops its own studies and incorporates

II- 97

the studies of other agencies into an analysis of the application,
and, after certification monitors compliance with the terms of
certification.

An independent hearing off icer conducts the two required hearings
under the Act, and makes recommendations to the Governor and Cabinet
which has sole authority to make final decisions on the disposition of
the application. Local land use requirements are the only consider-
ation at the first of the two hearings--the Land Use Hearing. Upon
determination that the proposed utility site conforms to local land use
regulations, the siting procedure proceeds to the second hearing--the
Certification Hearing. A determination by the Governor and Cabinet at
the first hearing that a proposed site does not conform to local land
use requirements, requires the utility to se-e-Fa rezoning or other
change in the local requirements. If an applicant is unsuccessful, the
Governor and Cabinet may authorize a "non-conforming use," in effect
overriding local government requirements.

The Certification hearing deals with the other state and regional
regulatory requirements to which a utility is subject. It is the forum
at which all parties to the proceedings--the applicant, the DER, the
Florida Public Service Commission, the Department of Veterans and
Community Affairs, the appropriate water management district, other
state and local governments which have requested to be parties, and
individuals and groups--outline their requirements or state their views
on the application.

Certification occurs fourteen months after the application is
Wfiled. The certification--issued by the Governor and Cabinet based
upon the report of the hearing officer after the Certification
Hearing--is the only license or approval the utility must obtain in
the state of Florida. It represents permits or licenses from local
governments, regional agencies, and state agencies. Variances to
agency standards may be included as conditions in a certification, if
the variance requests were considered during the hearings, and if the
variances could be issued in the absence of a siting act.

The following paragraphs outline the siting process in more
detail.

IMPLEMENTATION

Statutory

1. Types of plants and sites covered

The types of .-power plants and associated facilities governed
by the Act include: ...any steam or solar electrical generating
facility using any process or fuel, including nuclear materials,
and shall include associated facilities and those directly asso-
ciated transmission lines required to connect the electrical power
plant to an existing transmission network or rights-of-way to
which the applicant intends to connect ... but ... does not

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include any power plant or steam generating plant of less than 50
megawatts in capacity; s. 403.503(7) F.S.; Chapter 79-76 (Laws of
Florida).

Sites covered include onshore and offshore locations where an
increase in generating capacity will occur; s. 403.503(5), F.S.
Expressly excluded from the Act are modifications of non-nuclear
fuels, internal related hardware, or operating conditions not in
conflict with a site certification which increase the electrical
output of a unit to no greater capacity than the maximum operating
capacity of the existing generator; s. 403.506 (2), F.S.

2. Administering Agency

The Act designates the Department of Environmental Regulation
(D.E.R.) as the administering agency, and authorizes it to adopt
rules of procedure, notice forms, and documentation requirements;
s. 403.504, F.S. The necessary rules have been promulgated as
Chapter 17-17, F.A.C.

3. Sole License and Issuing Body

Power plant site certifications are issued by the Governor
and Cabinet, and constitute the sole license of the state and any
State, regional or local agency as to the approval of the site and
the construction and operation of the proposed electrical power
plant; ss. 403.503(9), 403.509, 403.510, 403.511, F.S. Not
affected by the Act, however, are the rate-making powers of the
Public Service Commission and the right of local government to
charge appropriate fees or to require that construction be in
compliance with local building codes, standards, and regulations.

4. Reports and Studies

a. Division of Local Resource Management, Department of Veterans
and Community Affairs

The Division is required to submit a report as to the
compatibility of the proposed electrical power plant with the
state comprehensive plan; s. 403.507(l)(a), F.S.

b. Public Service Commission

After making an initial determination of need pursuant
to 403.519, F.S., the Commission is required to submit a
report as to the future need for the electrical generating
capacity to be supplied by the proposed electrical power
plant; s. 403.507(l)(b), F.S.

c. Department of Environmental Regulation

The Department is required to conduct, or contract for,
studies of the proposed electrical power plant and site.

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Such studies are to include, but not be limited to, the
following:

(1) Cooling system requirements;

(2) Construction and operational safeguards;

(3) Proximity to transportation systems;

(4) Soil and foundation conditions;

(5) Impact on suitable present and projected water supplies
for this and other competing uses;

(6) Impact on surrounding land uses;

(7) Accessibility to transmission corridors; and

(8) Environmental impacts; s. 403.507(2), F.S.

In addition, the Department is required to prepare a
written analysis of the proposed site and facility which
shall include:

(1) A statement indicating whether the proposed electrical
power plant and proposed ultimate site capacity will be
in compliance with the department's rules.

(2) The report from the Public Service Commission
as required by s. 403.507.

(3) The report of the Division of Local Resource
Management as required by s. 403.507.

(4) The studies conducted pursuant to s. 403.507.

(5) The comments received by the department from any other
agency.

(6) The recommendation of the department as to the
disposition of the application and any proposed
conditions of certification which the department
believes should be imposed; s. 403.504(8), F.S.

5. Hearings

Two hearings are required prior to the issuance of a
certification, a land use hearing and a certification hearing;
s. 403.508(1) and (3), F.S. The hearings are conducted by an
independent hearing officer assigned by the Division of
Administrative Hearings in the Department of Administration;
s. 403.5065, F.S.

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a. Land Use Hearing

A land use hearing is conducted within 90 days of
receipt of a complete application for certification, and is
held in the county where the proposed site is located. It is
conducted for the sole purpose of determining whether or not
the proposed site is consistent and in compliance with
existing land use plans and zoning ordinances. After the
hearing is concluded, the hearing officer submits a report to
the Governor and Cabinet. If the Governor and Cabinet
determines that the proposed site conforms to existing land
use plans and zoning ordinances, the responsible zoning or
planning authority is prohibited from changing such plans or
ordinances as they affect the site, unless site certification
is subsequently denied. If the Governor and Cabinet deter-
mines that the proposed site does not comply with an appli-
cable zoning ordinance or plan, then the applicant must seek
a rezoning. Should a request for rezoning be denied by the
local government, the Governor and Cabinet has authority to
override that denial, if it finds it to be in the public
interest to authorize a non-conforming use; s. 403.508(2),
F.S.

b. Certification Hearing and Parties

Within 10 months after the filing of a complete certi-
fication application, the designated hearing officer is
required to conduct a certification hearing on all issues
relevant to the application; s. 403.508(3), F.S. Mandatory
parties to the proceeding include:

(1) The applicant.

(2) The Public Service Commission.

(3) The Division of Local Resource Management.

(4) The water management district, as defined in chapter
373, in whose jurisdiction the proposed electrical power
plant is to be located.

(5) The department; s. 403.508(4)(a), F.S.

Other parties may include:

(1) Any county or municipality in whose jurisdiction the
proposed electrical power plant is to be located.

(2) Any state agency not listed above as to matters within
its jurisdiction.

(3) Any domestic nonprofit corporation or association
formed, in whole or in part, to promote conservation or

11-101

natural beauty; to protect the environment, personal
health, or other biological values; to preserve historic
sites; to promote consumer interests; to represent
labor, commercial, or industrial groups; or to promote
orderly development of the area in which the proposed
electrical power plant is to be located.

(4) Any person whose substantial interests are affected and
being determined by the proceeding and who timely file
a motion to intervene pursuant to chapter 120 and
applicable rules.

(5) Any agency whose properties or works are being affected;
s. 403.508(4)(b); (d), and (e), F.S.

Hearings are conducted pursuant to section 120.57, F.S.,
of the Florida Administrative Procedure Act; see Part II,
Section IIE of this document for a further explanation.
Within two months after the certification hearing, the
hearing officer is required to submit a recommended order of
issuance or denial to the Governor and Cabinet for final
disposition of the application; s. 403.508(3), F.S. The
Governor and Cabinet must take final action within 60 days of
receipt of the recommended order; s. 403.509, F.S.

6. Effect of Certification

As the sole state license, a certification is issued in lieu
of all other state, regional or local licenses or authorizations
which otherwise would be required for the various components of a
power plant and its site. A certification may include special
conditions and may grant variances from any agency standard,
except procedural requirements of D.E.R., where such standards
were expressly considered during the hearings; s. 403.511(2) and
(3), F.S. Furthermore, plants which have been certified must
comply with standards adopted subsequent to certification which
are new or stricter in nature, unless they relate to a standard
for which an express variance was granted; s. 403.511(5)(a), F.S.

7. Enforcement

Enforcement of the Act and certifications is done under the
general enforcement provisions of Chapter 403, F.S.; see discus-
sions under section II, part IIG of this document.

8. Other

The Act also provides for the revocation and suspension of
certifications, the amendment or modification of certifications,
and the processing of supplemental applications for certification
of power plants at sites previously certified for ultimate site
capacity; ss. 403.512, 403.516, 403.517, F.S.

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9. Ten-Year Site Plans

Each electric utility is required to submit to the Division
of Local Resource management in the Department of Community
Affairs a ten-year site plan which provides estimates of its power
generating needs and the general location of proposed power plant
sites. The plan is to be updated no less frequently than every
two years. Such plans may be amended at any time by the utility
upon written notice to the Division. The Division is required to
review each plan with regard to:

a. The need, including the need as determined by the Public
Service Commission, for electrical power in the area to be
served.

b. The anticipated environmental impact of each proposed
electrical power plant site.

C. Possible alternatives to the proposed plan.

d. The views of appropriate local, state, and federal agencies,
including the views of the appropriate water management
district as to the availability of water and its recom-
mendation as to the use by the proposed plant of saltwater
or freshwater for cooling purposes.

e. The extent to which the plan is consistent with the state
comprehensive plan.

f. The plan with respect to the information of the state on
energy availability and consumption; s. 23.0191(2), F.S.

Rules

Chapter 17-17, F.A.C., was adopted to provide more explicit
procedures for the processing and review of certification applica-
tions. Specific provision is made for applications, payment of fees,
conduct of studies, public notice, land use hearings, appeals of
denials of requests for variances from local zoning and land use plans,
monitoring, revocation and suspension hearings, determinations of
application insufficiency, and completeness requests for variances from
standards, and modification of certifications.

1. Construction

The types Iof construction activities which activate the
certification process include any clearing of land, excavation
or other action which would alter the physical environment or
ecology of a site. Construction does not include those
activities essential for surveying, preliminary site evaluation
or environmental studies, nor does it include use of the site for
agriculture, forestry, mariculture, oil or mineral exploration,0
or recreation; ss. 17-17.02(2), 17-17.03, F.A.C.

2. Applications

As an alternative to the State's application format, an
applicant may substitute the United States Nuclear Regulatory
Commission's format for submission of a certification application
for nuclear power plants or any substantially similar federal
format approved by the Department; s. 17-17.04(l)(a), F.A.C.

3. Studies

In addition to those study elements expressly required by
s. 403.507, F.S., several other elements are specified by rule
and relate to: construction and operational safeguards; impacts
on air and water quality impacts on public lands and submerged
lands; impacts on terrestrial and aquatic plant and animal
life, especially on endangered and threatened species; and
impacts on archaeological sites and historic preservation areas;
s. 17-17.05, F.A.C.

4. Monitoring

Applicants may be required by the Governor and Cabinet to
conduct monitoring of the effects arising from the construction
and operation of a certified plant. That monitoring may include,
but is not limited to, an evaluation of:

(a) Geological information developed during construction.

(b) Environmental effects of air and water contamination.

(d) Meteorological conditions.

(e) Hydrology, including surface runoff, water use and
consumption.

(f) Ecological effects of construction and operation.

(g) Impact of the construction and operation of the plant on
animal and plant life, fish and other aquatic life.

(h) Archaeological or historical site deposits invaded or
disturbed during construction excavation.

(i) Noise levels at the site boundary or within adjacent
residential areas; s. 17-17.13, F.A.C.

5. Ten-Year Site Plans

The Division of Local Resource Management has adopted rules
for filing, review, and determination of suitability of ten-year
site plans; Chapter 22E-2, F.A.C.

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ELECTRICAL TRANSMISSION LINES

The 1980 Legislature added sections 403.520 - 403.535 to Part II
of Ch. 403, Florida Statutes, to deal with the siting of major elec-
trical transmission lines. The Act -- known as the "Transmission Line
Siting Act" -- establishes a six-month siting procedure based upon the
Power Plant Siting Act process.

Legislative Goals

Section 403.521, F.S., provides that:

The Legislative intent of this act is to
centralize and coordinate a permitting
process for the location and maintenance
of transmission line corridors and the
construction of transmission lines, which
necessarily involves the subject matter
jurisdiction of several agencies and
several broad interests of the public.
The Legislature recognizes that trans-
mission lines will have an effect upon
the welfare of the population. Recognizing
the need to insure electric power system
reliability and integrity, and to meet
the electric energy needs in an or'derly
and timely fashion, the state shall ensure0
through available and reasonable methods
that the location and maintenance of
transmission line corridors and the
construction of transmission lines will
produce minimal adverse effects on the
environment and public health, safety,
and welfare. It is the intent of this
act to fully balance the need for trans-
mission lines with the brad interests
of the public in order to effect a
reasonable balance between the need for
the facility as a means of providing
abundant low-cost electrical energy
and the environmental impact resulting
from the construction of the line and
the location and maintenance of the
corridor. The Legislature intends
that the provisions of Chapter 120
shall apply to this act and to pro-
ceedings pursuant to it.

General

The Transmission Line Siting Act, like the Power Plant Siting Act
described earlier in this section, is a single centralized forum for
deciding all issues relating to the location and construction of these

11-105

facilities. All local, regional, and state laws and regulations are
incorporated into a single process. The final decision is by the
Governor and Cabinet sitting as the 'Siting Board.'

Administrator of the program, again, is the Department of Environ-
mental Regulation which accepts applications, distributes them to all
parties, conducts and consolidates all the studies, and recommends to
the Siting Board. The Act imposes no new standards, but incorporates
all standards of all agencies which, in the absence of a siting act,
would be imposed upon a transmission line.

Only one hearing -- the Certification Hearing -- is required under
the Transmission Line Siting Act. It is conducted by an independent
Hearing Officer who makes recommendations to the Board. All issues are
decided at this single hearing.

Certification by the Siting Board constitutes the sole approval
to construct, operate, and maintain the transmission line and its
corridor. It incorporates all the approvals otherwise required from
local, regional, or state agencies. The process is designed to take
six months.

Implementation

Transmission Lines Covered

Transmission lines covered by the Act include 0 ... any electrical
Ve transmission line extending from a substation or power plant to an
existing transmission network or rights-of-way or substation to which
the applicant intends to connect which defines the end of the proposed
project and which is designed to operate at 230 kilivolts or more and
which crosses a county line. A transmission line's starting point and
ending point must be specifically defined by the applicant and be
verified by the (Public Service) commission in its determination of
need." s. 403.522(3), F.S.

The Act also includes transmission line corridors, defined as
"...the proposed area within which a transmission line is to be
located." s. 403.522(8).

Expressly excluded from the Act are transmission lines for which
development approval has been obtained pursuant to Chapter 380 (The
Development of Regional Impact procedure); lines which have been
exempted pursuant to a binding letter of interpretation under s. 380.06
(4) or which are vested under s. 380.05(18), F.S.; transmission line
development within established rights-of-way; and transmission lines on
which construction has commenced by October 1, 1980 designed to
transmit electricity from one state to another (applies only to the
interstate connection segment).

Administering Agency

* ~~The Act designates the Department of Environmental Regulation
W(DER) as the administering agency, and authorizes it to adopt rules of

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procedure, notice forms, and documentation requirements; s. 403.521,
F.S. The rules are under development.

Sole License and issuing Body

Transmission Line site certifications are issued by the Governor
and Cabinet sitting as the "Siting Board' and constitute the sole
license of the state and any regional or local agency as to the
approval of the corridor, construction of the transmission line, and
the maintenance of the line and the corridor; ss. 403.522(5), 403.529,
403.530, and 403.531, F.S. However, the Act does not affect the rate-
making powers of the Public Service Commission or the authority of
local governments to charge appropriate fees or require that construc-
tion be in compliance with the National Electric Code. s. 403.531,
F.S.

Reports and Studies

The Act requires several agencies to issue reports to the Depart-
ment on the impact a transmission line will have on matters within each
agency's jurisdiction. These include: The DER on the environmental
impacts of the transmission line and the corridor; The Department of
Natural Resources; the water management district, or districts, in
whose jurisdiction a proposed transmission line will be located on the
impact on water resources; The Department of Veterans and Community
Affairs on the effects on land use; and The Game and Fresh Water Fish
Commission on the effects on fish and wildlife. Reports are to be
submitted within 60 days of each agency's receipt of the application.
s.403.526, F.S.

Hearing - Parties

A Certification Hearing is to be scheduled no later than four
months after a complete application is filed with the Department. The
hearing is conducted by an independent hearing officer from the Depart-
ment of Administration. s. 403.525, F.S. All issues relevant to the
site certification proceeding are aired at the hearing. At the con-
clusion of the hearing, and no later than five months after a complete
application is filed, the hearing officer is to submit a recommended
order to the Siting Board.

mandatory parties to a certification hearing are:

1. The applicant.
2. The department.
3. The Public Service Commission.
4. The Department of Veterans and Community Affairs.
5. The Department of Natural Resources.
6. The Game and Fresh Water Fish Commission.
7. Each water management district through whose jurisdiction the
proposed line runs.
S. Any local government in whose jurisdiction the line will be
located.

Other Parties may include:

1. Any other state agency as to matters within its
jurisdiction.

2. Any domestic nonprofit corporation or association formed in
whole or in part to promote conservation of natural beauty;
to protect the environment; personal health, or other bio-
logical values; to preserve historical sites; to promote
consumer interests; to represent labor, commercial, or
industrial groups; or to promote orderly development of the
area in which the proposed transmission line or corridor is
to be located. S. 403.527(3), F.S.

Hearings are conducted pursuant to S. 120.57, F.S., of the
Florida Administrative Procedures Act; see section II, part IIG of
this document for a further explanation.

The Governor and Cabinet, sitting as the Siting Board, must take
final agency action on the application within one month of receipt of
the hearing officer's recommended order. s. 403.529, F.S.

Effect of Certification

As the sole state license, the certification is issued in lieu of
all other local, regional, or state licenses or authorizations for the
transmission line corridors or transmission lines which otherwise would
be required for site approval or construction. A certification may
include special conditions, and may grant variances and exemptions
otherwise provided by law when they were expressly considering during
the proceeding. s. 403.531(1) and (2). The only exception is if an
interest in state lands owned by the Board of Trustees of the Internal
improvement Trust Fund (Governor and Cabinet) must be obtained. The
Act provides that the applicant may obtain the necessary interest
before, during, or after the certification proceedings and that the
certification may be contingent upon obtaining the necessary interest.
s. 403.531(3), F.S.

Enforcement

Enforcement of the Act and certifications issued pursuant to the
Act is under the general enforcement provisions of Ch. 403, F.S.; see
discussions under section II, part IIG of this document.

Other

The Act also provides for the amendment of applications;
s. 403.534, F.S.; the revocation or suspension of certification;
s. 403.532, F.S.; and modification of certification; s. 403.535, F.S.

Determination of Need

Section 403.537, F.S., provides that the Commission's
determination of need for a line shall be binding on all parties

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proceedings under the Act and is a condition precedent to the conduct
of the certification hearing.

OIL AND GAS PRODUCTION

Oil and gas resources in the State of Florida are regulated under
Chapter 377, Part II, of the Florida Statutes. The original statutory
control was enacted in 1945, and has been amended several times to
enhance regulatory control.

LEGISLATIVE GOALS

Section 377.06, F.S., provides that:

It is hereby declared to be the public
policy of the state to conserve and con-
trol the natural resources of oil and
gas in said state, and the products
made therefrom; to prevent waste of
said natural resources; to provide for
the protection and adjustment of the
correlative rights of the owners of the
land wherein said natural resources lie
and the owners and producers of oil and
gas resources and the products made0
therefrom, and of others interested
therein; to encourage and cause the
development in said state of said natural
resources of oil and gas and the pro-
ducts made therefrom, to encourage the
continuous and economic supply of the demand
therefore; to safeguard the health, property
and public welfare of the citizens of said
state and other interested persons and for
all purposes indicated by the provisions
herein....

ADMINISTRATION

Oil and gas production in Florida is regulated by the Department
of Natural Resources, Division of Resource Management; s. 377.07, F.S.
The Department is headed by the Governor and Cabinet and managed on a
daily basis by an executive director; s. 20.25, F.S. The State is a
member of the Interstate oil Compact Commission; s. 377.01, F.S. The
Department reviews all applications for federal oil leases in the
territorial waters of the United States lying adjacent to Florida
Waters and signifies its approval or objection to each application; s.
377.2421, F.S.

The Department of Natural Resources (DNR) is required to conduct
a geological survey of the state to determine the location of mineral0

11-109

and other deposits of value, surface and subterranean water supply and
power and mineral waters, and the best and most economical method of
development; s. 377.075(3), F.S. Any dredging or filling which may be
associated with oil and gas exploration and production must meet the
applicable requirements of Chapters 253 and 403, Florida Statutes, and
Chapter 17-4, Florida Administrative Code, which are administered by
the Department of Environmental Regulation; see discussion on Dredging
and Filling in Submerged Lands and Wetlands in this section.

REGULATION

The DNR has the authority to regulate all phases of the
exploration, drilling, and production of oil, gas, and other petroleum
products in the state, including that conducted in offshore waters.
This authority covers the methods of drilling and production to prevent
pollution, injury to other property, waste of energy resources, and the
alteration of the sheet flow of water; ss. 377.22(2), 377.27, 377.28,
377.29, and 377.30, F.S., and 16C-1, 16C-2, 16C-3, 16C-4, and 16C-5,
F.A.C.

The DNR has the authority to require permits for the drilling,
exploration, or production of oil, gas, or other petroleum products
which are to be extracted from below the surface of the land through
well holes or for the extraction of minerals by means other than
through well holes; s. 377.242, F.S. The Act includes special pro-
hibitions and protection for submerged lands, beaches, parks, aquatic
or wildlife preserves, and freshwater lakes, rivers and streams.
ss. 377.24, 377.242, F.S., and 16C-9.08, F.A.C.

ENFORCEMENT

Violations of Chapter 377, Florida Statutes, and the rules and
orders promulgated thereunder are subject to enforcement by injunction
and civil penalties ($500.00 per day); ss. 377.34 and 377.37, F.S. The
intentional falsification of required records constitutes a first
degree misdemeanor; s. 377.36, F.S. Persons responsible for drilling
or production of oil or gas which results in pollution of waters of the
state are strictly liable for the costs of cleanup and damage to the
state, unless such persons prove that the pollution was the result of:

1. an act of war;
2. an act of government;
3. an act of God; or
4. an act or omission of a third party; s. 377.371, F.S.
* * *

POLLUTANT SPILL PREVENTION AND CONTROL

The large amount of commercial navigation along Florida's coast
and into and out of its ports heightened the Legislature's concern for
the potential for severe damage to the state's waters, estuaries, and
.D beaches from pollutant spills. Consequently, the Legislature enacted

II-110

the Oil Spill Prevention and Pollution Control Act in 1970, which was
subsequently renamed and revised in 1974 as the Pollutant Spill Preven-
tion and Control Act; Chapter 70-244 (Laws of Florida) and Chapter 74-
336 (Laws of Florida).

The Pollutant Spill Prevention and Control Act prohibits the
discharge of certain pollutants into coastal waters, requires the
registration of terminal facilities, establishes pollutant spill
abatement responsibilities, and provides for the recovery of damages,
costs of abatement, and civil and criminal penalties. The Act also
establishes the Florida Coastal Protection Trust Fund, and provides
for an excise tax to fund it.

LEGISLATIVE GOALS

Section 376.021, F.S., provides in part that:

(1) The Legislature finds and declares that the
highest and best use of the seacoast of the
state is as a source of public and private
recreation.

(2) The Legislature further finds and declares
that the preservation of this use is a matter
of the highest urgency and priority, and that
such use can only be served effectively by
maintaining the coastal waters, estuaries,
tidal flats, beaches, and public lands
adjoining the seacoast in as close to a
pristine condition as possible, taking into
account multiple use accommodations necessary
to provide the broadest possible promotion
of public and private interests.

(3) The Legislature further finds and declares
that:

()Spills, discharges, and escapes of
pollutants occurring as a result of
procedures involved in the transfer,
storage, and transportation of such
products pose threats of great danger
and damage to the environment of the
stater to owners and users of shore-
front property, to public and private
recreation, to citizens of the
state and other interests deriving
livlihood from marine-related
activities, and to the beauty of
the Florida coast; .

ADMINISTRATION

The Act is administered by the Department of Natural Resources
(DNR) which is headed by the Governor and Cabinet and managed on a
daily basis by an executive director; s. 376.051(1), F.S. The Depart-
ment of Environmental Regulation is required to cooperate with the DNR
and to provide consultative services, enforcement, prosecution, and
technical advice to the DNR; ss. 376.051(1) and 376.10, F.S. The DNR
may promulgate rules to implement the Act, to issue licenses for
terminal facilities, to conduct the abatement of spills, to recover
damages, the costs of clean-up, and civil penalties, and to seek
criminal penalties; ss. 376.07, 376.06, 376.09, 376.11, 376.12, and
376.16, F.S.

Whenever any disaster or catastrophe exists or appears imminent
and arises from the discharge of a pollutant prohibited by the Pollu-
tant Spill Prevention and Control Act, the Governor is required to
issue a proclamation declaring the existence of an emergency. The
Governor has the authority to issue and rescind emergency orders,
rules, and regulations which are not inconsistent with the rules,
regulations, and directives of the President of the United States
or of any federal agency having specifically authorized emergency
functions; s. 376.13, F.S.

POLLUTANTS COVERED BY THE ACT

The Act prohibits the discharge of oil of any kind and in any
form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof
into or upon any coastal waters, estuaries, tidal flats, beaches, and
lands adjoining the seacoast of the state. Discharges which occur
outside of the territorial limits of the state, but which affect lands
and waters within the territorial limits of the state are also pro-
hibited; ss. 376.031(5) and (7) and 376.041, F.S. The constitution-
ality of the Act was upheld in Askew vs. American Waterways Operators,
Inc., 93 S. Ct. 1590, 411 U.S. 325 (1973).

A discharge includes, but is not limited to, any spilling,
leaking, seeping, pouring, emitting, emptying, or dumping of the
pollutants listed in the paragraph above; s. 376.031(5), F.S. The DNR
has defined those pollutants more specifically in section 16N-16.09,
Florida Administrative Code. By statute, the storage ot transportation
of liquefied petroleum gas and industrial effluents discharged into the
waters or atmosphere of the state pursuant to either a federal or state
permit are excluded from coverage by the act; s. 376.20, F.S.

The Attorney General has issued an opinion in which it was
concluded that the Pollutant Spill Prevention and Control Act is not
in conflict with the Air and Water Pollution Control Act, Chapter 403,
Florida Statutes. The Attorney General concluded that pollution
incidents in coastal waters covered by the Pollutant Spill Prevention
and Control Act and involving vessels, off-shore drilling, and ter-
minal facilities are the responsibility of the DNR. Industrial efflu-
ents relating to production and other discharges not covered by the

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Pollutant Spill Act are the responsibility of the Department of
Environmental Regulation under Chapter 403, Florida Statutes;
Op. Atty. Gen., 070-121 (Sept. 2, 1970).

FACILITIES REQUIRING A REGISTRATION CERTIFICATE

The Pollutant Spill Prevention and Control Act prohibits the
operation of a terminal facility without a registration certificate
from DNR; s. 376.06(1), F.S. A terminal facility is

any waterfront or offshore facility of any kind,
other than vessels not owned or operated by such
facility, and directly associated waterfront or off-
shore appurtenances including pipelines located on
land, including submerged lands, or on or under the
surface of any kind of water, which facility and
related appurtenances are used or capable of being
used for the purpose of drilling for, pumping, storing,
handling, transferring, processing, or refining pollutants,
including, but not limited to, any such facility and
related appurtenances owned or operated by a public
utility or a governmental or quasi-governmental body.
A vessel shall be considered a terminal facility only
in the event of a ship-to-ship transfer of pollutants,
and only that vessel going to or coming from the place
of transfer and the terminal facility.. For the purposes
of this chapter, "terminal facility" shall not be construed
to include waterfront facilities owned and operated by
governmental entities acting as agents of public convenience
for operators engaged in the drilling for or pumping,
storing, handling, transferring, processing, or refining
of pollutants; however, each operator engaged in the
drilling for or pumping, storing, handling, transferring,
processing or refining of pollutants through a waterfront
facility owned and operated by said governmental entity
shall be construed as a terminal facility; s. 376.031(9),
F.S.; see also s. 16N-16.09(3), F.A.C.

Registration certificates are issued if the DNR determines that
the applicant has implemented, or is in the process of implementing,
state and federal plans and regulations for the prevention, control,
and abatement of the discharge of the pollutants covered by the Act;
s. 376.06(3) and (4), F.S. Applications for certificates must be
renewed annually and accompanied by an application fee in accordance
with a graduated scale not exceeding $250.00; ss. 376.06(2), F.S., and
16N-16.10(4), F.A.C. Through mid-1980, 791 terminal facilities have
been registered.

Each registered terminal facility is subject to periodic inspec-
tions by the DNR to determine the nature of its preventative measures
or containment and cleanup capabilities. If the storage capacity of
the facility exceeds 250 barrels, the facility must be in compliance
with all federal requirements as published in volume 37, number 246,

II-113

part II, of the Federal Register (December 21, 1972). In addition,
such a facility must have on-scene capabilities reasonably sufficient
for containment of a discharge, and it must have reasonably sufficient
capabilities, either by agreement or ownership, for removal of a
discharge. If the storage capacity of a facility is 250 barrels or
less, it must be a member of an approved discharge cleanup organi-
zation, or have capabilities by contract or ownership reasonably
sufficient to contain and remove a discharge from the facility; s.
16N-16.11, F.A.C. If the DNR determines that the measures or capa-
bilities are inadequate, it is required to initiate suspension of the
certificate by issuing notice to the registrant and providing an
opportunity for a hearing; s. 376.07(2)(h), F.S.

REMOVAL OF PROHIBITED DISCHARGES

The Pollutant Spill Prevention and Control Act requires that any
person discharging pollutants as prohibited by the Act immediately
undertake to contain, remove, and abate the discharge to the DNR's
satisfaction; s. 376.09(1), F.S. Such a person is also required to
give immediate notice of the discharge to the DNR or the nearest coast
guard station. Failure to give the required notice constitutes a third
degree felony. If the discharge is from a vessel, the vessel is
required to remain in the jurisdiction of the DNR a sufficient period
of time to prove financial responsibility for the damages resulting
from the discharge. Failure to do so constitutes a third degree
felony; s. 376.12(8), F.S.; see also s. 16N-16.16, F.A.C.

In addition to corrective action taken by the discharger, or in
the event the discharger fails to act or is unknown, the DNR may
undertake the removal of the discharge on its own or through other
agents. If the DNR undertakes the removal of a discharge into or upon
the navigable waters of the United States, it is required to act in
accordance with the national contingency plan for removal of such
pollutant as established under the Federal Water Pollution Control Act,
as amended; s. 376.09, F.S. The DNR also is required to establish a
state response team and a contingency plan for response, organization,
and equipment for handling emergency cleanup operations. The response
team is required to cooperate with any federal cleanup operation;
s. 376.07(2)(e), F.S.

FLORIDA COASTAL PROTECTION FUND

The Legislature established the Florida Coastal Protection Trust
Fund as a mechanism to have financial resources immediately available
for cleanup and rehabilitation after a pollutant discharge, to prevent
further damage by a pollutant, and to pay for damages; s. 376.11(1),
F.S. It is funded by a two-cents-per-barrel excise tax on pollutants
transferred to and from registered terminal facilities. The tax ceases
once the fund reaches $35 million and commences again when the fund
falls below $30 million; s. 376.11(4), F.S. In addition, all
registration fees, penalties, judgements, and other fees and charges
collected by the DNR under the Act are to be deposited in the Trust
Fund; s. 376.11(2), F.S. The fund currently has a balance of
$35,056,247.00.

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LIABILITY FOR; AND RECOVERY OF DAMAGES; COSTS; AND PENALTIES

Damages

Liability for damages is, in essence, strict; s. 376.12(1) and
(7), F.S. No pleading or proof of negligence is required.. One must
only plead and prove that the prohibited discharge or other polluting
condition occurred. The only defenses are as follows:

1. an act of war;
2. an act of government, either state, federal, or municipal;
3. an act of God, which means only an unforeseeable act exclusively
occasioned by the violence of nature without the interference of
any human agency; or
4. an act or omission of a third party without regard to whether
any such act was or was not negligent; ss. 376.12(4) and 376.205,
F.S.

The recovery of damages from a pollutant spill may be sought in a
court of competent jurisdiction or from the Florida Coastal Protection
Trust Fund; ss. 376.051(5), 376.12(2), and 376.205, F.S.

if a claim for damages is made against the Florida Coastal
Protection Trust Fund, the executive director establishes the amount
of damages. Either the claimant or the person responsible for the
discharge may request a hearing pursuant to s. 120.57, F.S. The DNR
may seek reimbursement for any funds expended from the Trust Fund for
any given incident; ss. 376.09(6) and 376.12 (2)(d) and (4), F.S.

Costs of Cleanup and Abatement

1. Vessels

Any vessel, its agents or servants who permit or suffer a
prohibited discharge or other polluting condition to take place
within state boundaries are liable to the Florida Coastal Pro-
tection Fund for the costs of cleanup or abatement up to an amount
not exceeding $14 million or $100.00 per gross registered ton of
such vessel, whichever is the lesser amount. However, if the
discharge was the result of willful or gross negligence or willful
misconduct within the privity or knowledge of the owner, operator,
or agent thereof, then such owner or operator is liable for the
full amount of the costs; s. 376.12(1), F.S.

2. Terminal Facilities

When a discharge of pollutants occurs from a terminal
facility, the owner or operator is liable to the Florida Coastal
Protection Fund for the costs of cleanup or abatement up to an
amount not exceeding $8 million. However, if the discharge is
the result of willful or gross negligence or willful misconduct
within the privity or knowledge of the owner or operator, then
the owner or operator is liable for the full amount of the costs;
s. 376.12(1), F.S.

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Civil Penalties

Violations of the Pollutant Spill Prevention Control Act or any
Wrule, regulation, or order of DNR promulgated or issued under the Act
are subject to a civil penalty of up to $50,000 per violation per day.
Each day during any portion of which a violation occurs constitutes a
separate offense. Additional penalties may not be assessed under the
Air and Water Pollution Control Act. Also, no penalty is assessed, if
the discharger promptly reports the spill and removes it; s. 376.16,
F.S.

Hold-Harmless Agreements

After July 1, 1974, a governmental agency or political
subdivision is prohibited from entering into any agreement to
hold harmless a vessel or terminal facility from liability for a
pollutant discharge prohibited by the Pollutant Spill Prevention
and Control Act; s. 376.165, F.S.

Local Government Limitation

Counties, municipalities, and other political subdivisions are
prohibited from adopting or establishing a program of licensing and
fees similar to that established by the Pollutant Spill Prevention
and Control Act. Otherwise, they are not limited by the Act in the
-exercise of their police powers, unless such exercise is in direct
conflict with the provisions of the Act or any ruler regulation or
. ~order of DNR promulgated or issued under the Act; s. 376.19, F.S.

DEVELOPMENTS OF REGIONAL IMPACT AND AREAS OF CRITICAL STATE CONCERN

In 1972, the Florida Legislature enacted the Florida Environmental
Land and Water Management Act of 1972; Ch. 72-317 (Laws of Florida).
The Act was a recognition that the magnitude and features of some land
development projects have not only local impacts, but regional ones.
It also recognized that certain areas could be endangered, if
development was undertaken in an uncontrolled and inadequate fashion.
The Act evidenced a state interest in both of these situations, while
acknowledging and preserving the traditional local interest and role in
such matters. The Act addresses these situations under two concepts,
developments of regional impact (DRI) and areas of critical state
concern (ACSC). The Act constitutes Part I of Chapter 380 of the
Florida Statutes. The Act was significantly revised by the Legislature
in 1979 and 1980; see Appendix for the most recent amendments to
Chapter 380.

LEGISLATIVE GOALS

Section 380.021, F.S., provides that:

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It is the legislative intent that, in order to
protect the natural resources and environment
of this state as provided in s. 7, Art. II of
the State Constitution, insure a water manage-
ment system that will reverse the deterioration
of water quality and provide optimum utilization
of our limited water resources, facilitate
orderly and well-planned development, and protect
the health, welfare, safety, and quality of life
of the residents of this state, it is necessary
adequately to plan for and guide growth and devel-
opment within this state. In order to accomplish
these purposes, it is necessary that the state
establish land and water management policies to
guide and coordinate local decisions relating to
growth and development; that such state land and
water management policies should, to the maximum
possible extent, be implemented by local govern-
ments through existing processes for the guidance
of growth and development; and that all the
existing rights of private property be preserved
in accord with the constitutions of this state
and of the United States.

ADMINISTRATION

Chapter 380, Part I, F.S., is administered by the Bureau of Land
and Water Management in the Division of Local Resource Management of
the Department of Veteran and Community Affairs; Chapter 79-190 (Laws
of Florida). The Governor and Cabinet, sitting as the Administration
Commission and the Florida Land and Water Adjudicatory Commission,
have certain rule-making and review functions under the Act; ss.
380.031(1), 380.05, 380.06, and 380.07, F.S. Specific roles are also
designated for regional planning agencies and local governments; ss.
380.05, 380.06, and 380.07, F.S. Uniform procedural rules and forms
for the DRI program have been adopted as Chapter 22F-1, Part II,
F.A.C.

DEVELOPMENTS OF REGIONAL IMPACT (DRI)

Types of Developments Affected

A development of regional impact means

any development which, because of its character,
magnitude, or location, would have a substantial
effect upon the health, safety, or welfare of
citizens of more than one county; s. 380.06(1),
F.S.

1. Presumptions

A list of types of developments presumed to be of regional
impact has been adopted as Chapter 22F-2 of the Florida Adminis-
trative Code. The list includes certain types of airports,

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attractions and recreation facilities, electrical generating
facilities and transmission lines, hospitals, industrial plants
and industrial parks, mining operations, office parks, petroleum
storage facilities, port facilities, residential developments,
schools, and shopping centers which meet the threshold criteria
specified in the rule; Chapter 22F-2, F.A.C. The rule, however,
only creates a presumption. Projects not listed or which do not
meet the threshold criteria may, nevertheless, be determined to be
DRI's if sufficient facts support a finding that the statutory
definition is met by the project; General Development Corp.
v. Division of State Planning, 353So.2d1199 (Fla. 1st DCA 1977).
The Power Plant Siting Act (s. 403.501-403.517) and the Trans-
mission Line Siting Act (s. 403.520-403.535) have removed power
plants and transmission lines from consideration as DRI's.

2. Vested Rights

The Act excludes from the DRI process certain developments in
which legal rights to undertake the development vested prior to
July 1, 1973 or prior to the effective date of the rules on
developments presumed to be DRI's; s. 380.06(18), F.S. Vesting
is tied to land sales registrations, local subdivision plat laws,
building permits and other approvals, and conveyances or agree-
ments to convey land to the county, state, or local government as
a prerequisite to a zoning change; s. 380.06(18), F.S.

3. Binding Letters

A developer who is in doubt as to whether his or her proposed
development would be a DRI, whether his or her rights have vested,
or whether a proposed substantial change to a DRI concerning which
rights had previously vested would divest those rights may request
a binding letter of determination on the matter from the
Department of Veteran and Community Affairs; s. 380.06(4)(a),
F.S., and s. 22F-1.16, F.A.C. The Department must publish notice
of receipt of such a request in the Florida Administrative Weekly
and give additional notice to the appropriate local government and
regional planning agency; s. 22F-1.16(2), F.A.C. Binding letters
of interpretation bind all state, regional, and local agencies and
the developer with regard to the DRI provisions of the Act; s.
380.06 (4)(a), F.S. A binding letter excluding a development from
the DRI process does not exempt the project from compliance with
the requirements, including permits, of other acts.

The DRI Review Process

1. In Areas with Zoning Ordinances

A developer who proposes to undertake a DRI in an area of
the state where a local government has adopted a zoning ordinance
or subdivision regulations, must file an application for develop-
ment approval with that local government; s. 380.06(b), F.S.

However, prior to filing the application, a preapplication
conference must be held between the developer, the regional
planning agency, and any other affected state or regional agencies
designated by the developer or the regional planning agency. The
purpose of the conference is to avoid unnecessary paperwork and to
advise the developer of the DRI process and review issues, as well
as of the types of permits issued by other agencies, the level of
information required, and permitting procedures; s. 380.06(7)(a),
F.S. The developer also has the option to elect to proceed in a
coordinated review process with other affected state or regional
licensing agencies at the same time the DRI review is being
conducted; s. 380.06(8), F.S. When an application is filed, it
must be reviewed by the appropriate regional planning agency to
determine if the application contains sufficient information to
enable the agency to prepare a report on the proposed DRI; s.
380.06(9)(b), F.S. No hearing on the application can be held
until the regional planning agency has notified the local
government that the application is sufficient or that any
additional requested information will not be supplied by the
developer; s. 380.06(9)(c), F.S.

Once the DRI application has been determined to be sufficient
or the applicant has given notice that additional information will
not be supplied, a public hearing is held on the application. A
minimum 60 day public notice of the hearing must be provided; s.
380.06(10)(b), F.S. Within 50 days after receipt of the hearing
notice, the appropriate regional planning agency is required to
submit a report and recommendations to the local government. In
preparing its report and recommendations, the regional planning
agency is required to consider whether, and the extent to which:

a. The development will have a favorable or unfavorable impact
on the environment and natural resources of the region.

b. The development will have a favorable or unfavorable impact
on the economy of the region.

c. The development will efficiently use or unduly burden water,
sewer, solid waste disposal, or other necessary public
facilities.

d. The development will efficiently use or unduly burden public
transportation facilities.

e. The development will favorably or adversely affect the
ability of people to find adequate housing reasonably
accessible to their places of employment.

f. The development complies with such other criteria for deter-
mining regional impact as the regional planning agency shall
deem appropriate, including, but not limited to, the extent
to which the development would create an additional demand

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for, or additional use of, energy, provided such criteria and
related policies have been adopted by the regional planning
agency pursuant to s. 120.54; s. 380.06(11)(a), F.S.

In reaching its decision to approve, deny, or approve with
conditions, restrictions, or limitations, the local government is
required to consider whether, and to the extent to which:

a. The development unreasonably interferes with the achievement
of the objectives of an adopted state land development plan
applicable to the area.

b. The development is consistent with the local land develop-
ment regulations; and

c. The development is consistent with the report and recommen-
dations of the regional planning agency submitted pursuant to
subsection (11) of this section; s. 380.06(13), F.S.

If the proposed DRI is planned for development over an
extended period of time, the local government may grant master
plan or conceptual approval of the development subject to
subsequent preconstruction review of increments or phases by the
appropriate regional planning agency pursuant to the DRI require-
ments; s. 380.06(20)(b), F.S., and s. 22F-1.24, F.A.C.

2. In Areas without Zoning Ordinances

A developer who proposes to undertake a DRI in an area for
which a zoning ordinance or subdivision regulation has not been
adopted must give a written notice of the proposed DRI to the
affected local government and to the state land planning agency.
if within 90 days after the notice is given, the local government
does not adopt a zoning or subdivision regulation, or the area is
not designated an area of critical state concern by the state,
then the developer may proceed without being subject to the DRI
process; s. 380.06(5)(c), F.S., and s. 22F-1.27, F.A.C. If,
however, within the 90 day period, the local government adopts a
zoning or subdivision regulation, then the developer must comply
with the DRI process; s. 380.06(5)(c), F.S., and s. 22F-1.27,
F.A.C. Also, if the state designates the area an area of cri-
tical state concern within the 90 day period, then the developer
must comply with the DRI process if the designation rule requires
such compliance; s. 22F-1.30, F.A.C.

3. In Areas Designated Areas of Critical State Concern

A developer who proposes to undertake a DRI in an area of
critical state concern must comply with the rules governing such
an area. Those rules may require compliance with the DRI pro-
cess; s. 22F-1.30, F.A.C.

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4. In Areas Controlled by Downtown Development Authorities

A downtown development authority may seek a development orde:
under the DRI process for the entire area or portions of the area
controlled by the development authority. Subsequent development
by such authority or a private developer which is to be done in
conformance with the amount of development set forth in the DRI
order does not require further review under the DRI process;
S. 380.06(21), F.S.

Review of DRI Decisions

Within 45 days after the local government renders its decision on
a DRI application, the project owner, developer, regional planning
agency, or the state land planning agency may appeal the decision to
the Florida Land and Water Adjudicatory Commission (Governor and
Cabinet). After a hearing, the Commission may grant or deny permis-
sion to develop and may include conditions or restrictions in its
decision; s. 380.07, F.S. The Commission's decision is appealable to
the appropriate district court of appeal; s. 120.68, F.S.

Substantial Deviations From Approved DRI's

A previously approved DRI for which a substantial deviation from
the terms of the original approval are proposed may be subject to
additional DRI review at the discretion of local government which
issued the approval. A "substantial deviation' means

any change to the previously approved development
of regional impact which creates a reasonable
likelihood of additional adverse regional impact
or any other regional impact created by the
change, not previously reviewed by the regional
planning agency; s. 380.06(17)(a), F.S.

The following changes are presumed not to be substantial
deviations, unless rebutted by clear and convincing evidence:

1. An increase in the number of dwelling units of not more than 5
percent or 200 dwelling units, whichever is less;

2. A decrease in the number of dwelling units which does not require
a major redistribution of density;

3. A decrease in the area set aside for common open space of not more
than 5 percent or 50 acres, whichever is less;

4. An increase in the area set aside for common open space;

5. An increase in the floor area proposed for nonresidential use of
not more than 5 percent or 10,000 square feet, whichever is less;

6. A decrease in the regional impact of the development, as approved
in the local government order;

7. A change required by permit conditions or requirements imposed by
the Department of Environmental Regulation, the Department of
Natural Resources, or any water management district created by s.
373.069, or any of their successor agencies, or any appropriate
federal regulatory agency; ss. 380.06(h) and (i), F.S.

Enforcement

The Act authorizes the seeking of temporary and permanent injunc-
tions by the Department of Community Affairs, state attorneys (local
prosecutors), and counties and municipalities to secure compliance with
the provisions of the Act, or any rules, regulations, or orders
(including DRI decisions) issued under the Act; s. 380.11, F.S.

AREAS OF CRITICAL STATE CONCERN

Types of Areas Subject to Designation

Chapter 380, Florida Statutes, authorizes the designation of three
types of geographic areas as areas of critical state concern:

1. An area containing or having a significant impact upon environ-
mental or natural resources of regional or statewide importance,
including, but not to, state or federal parks, forests, wildlife
refuges, wilderness areas, aquatic preserves, major rivers and
estuaries, state environmentally endangered lands, Outstanding
Florida Waters, and aquifer recharge areas, the uncontrolled
private or public development of which would cause substantial
deterioration of such resources;

2. An area containing, or having significant impact upon, historical
or archaeological resources, sites, or statutorily defined
historic or archaeological districts, the private or public
development of which would cause substantial deterioration or
complete loss of such resources, sites, or districts; and

3. An area having a significant impact upon, or being significantly
impacted by, an existing or proposed major public facility or
other area of major public investment including, but not limited
to, highways, ports, airports, energy facilities, and water
management projects; s. 380.05(2)(a), (b), and (c), F.S.

Designation Process

Areas are designated as areas of citical state concern (ACSC) by
the Administration Commission (Governor and Cabinet); s. 380.05(1),
F.S. Areas are proposed to the Commission for designation by the
Department of Veteran and Community Affairs, the state land planning
agency; ss. 380.031(16) and 380.05(l)(a), F.S. Regional planning
councils and local governments may recommend areas to the Department of
Community Affairs for consideration as possible areas of designation;
s. 380.05 (3), F.S.

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Prior to recommending an area to the Administration Commission fol
designation, the Governor, acting as the chief planning officer of the
state, is required to appoint a resource planning and management
committee for the area under study. The committee must include electe(
officials from affected local governments, affected local planning
officials, representatives of affected state agencies, a water
management district, if appropriate, and affected regional planning
councils. The objective of the committee is to organize a voluntary,
cooperative program to prevent the endangerment of resources and
facilities of statewide or regional significance. The committee must
make a report to the state land planning agency within six months of
its appointment to include a schedule for meeting objectives identifiec
by the committee. Depending upon whether or not these objectives are
met,, the DVCA may recommend designation of the area as an ACSC.

in recommending an area to the Commission for designation, the
Department of Veteran and Community Affairs must include in its
recommendation the following:

1. An identification of any lands within the area which it believes
should be purchased as environmentally endangered lands or out-
door recreation lands under the Land Conservation Act of 1972;

2. Any report or recommendation of the resource planning and
management committee;

3. The dangers that would result from uncontrolled or inadequate
development of the area and the advantages that would be achieved
from the development of the area in a coordinated manner;

4. A detailed boundary description of the proposed area;

5. Specific princples for guiding development within the area; and

6. An inventory of lands owned by-the state, federal, county, and
municipal governments within the proposed area; s. 380.05(l)(a),
F.S.

The Administration Commission has forty-five days from receipt of
a recommendation from the Department of Veteran and Community Affairs
to reject the recommendation or adopt the recommendation as submitted
with or without modifications. Adoption must be by rule in accordance
with the procedures of Chapter 120, Florida Statutes, the Adminis-
tration Procedure Act. The Commission is prohibited from adopting any
rule providing for a moratorium on development in the designated area.
An area designated by the.Commission as well as the development
principles, must be submitted to the Legislature for review. The
Legislature may reject, modify, or take no action relative to the
designated area; s. 380.05(l)(b) and (c), F.S. No more than five
percent of the land of the state can be subject to area designations at
any one time; s. 380.05(20)p F.S.

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Within 180 days after the Administration Commission's rule
designating an area becomes effective (i.e. 20 days after filing with
the Secretary of State), affected local governments may submit to the
Department of Veteran and Community Affairs existing or newly adopted
land development regulations for the designated area. If the Depart-
ment finds that the local government's regulations comply with the
principles for guiding development set forth in the area designation
rule, it shall approve such regulations by rule. If the regulations
are not in compliance with the development principles, or if a local
government fails to submit any regulations, then the Department must
propose land development regulations to the Administration Commission.
The Commission then has forty-five days to reject, approve, or approve
with modifications the proposed regulations. Such regulations cannot
become effective until the Legislature has reviewed the designation of
the area; s. 380.05(5), (6) and (8), F.S. Development within an ACSC
must comply with the principles for development subsequent to legisla-
tive review of the designation and prior to adoption of development
regulations. Thereafter, development must comply with the adopted
development regulations. Such regulations are administered by the
affected local governments; ss. 380.05(l)(b), (8), and (16), F.S.
Provision is made for the protection of development rights which have
vested prior to the approval or adoption of development regulations;
s. 380.05(18), F.S.

An area designation automatically terminates, if no land develop-
ment regulations have become effective within twelve months after
designation by the Administration Commission. No part of such an area
may be redesignated for at least twelve months after the designation
terminates; s. 380.05(9), F.S. No earlier than twelve months and no
later than three years after the approval of land development regula-
tions for an area, the Commission must repeal the rule designating the
boundaries and the principles for development of the area. The
required repeal is, however, contingent upon the development regula-
tions having been in effect for twelve months and upon adoption or
modification by the local government of a local government
comprehensive plan which conforms to the development principles.
Repeals are limited to those portions of the area which meet the
contingencies upon which repeal is predicated; s. 380.05(14) and (15),
F.S. If, prior to repeal, the Department of Veterans and Community
Affairs determines that the administration of local land development
regulations is inadequate to protect the state or regional interest,
the Department may seek injunctive relief to compel proper enforcement;
s. 380.05 (13), P.S. Provision is also made in the Act for the
modification of area boundaries and the amendment or recession of
development regulations; ss. 380.05(10), (11), and (12), F.S.

To date three areas of critical state concern have been approved
by the Legislature; the Big Cypress Area, the Green Swamp Area, and
the Florida Keys Area; ss. 380.055, 380.0551, and 380.0552, F.S.
Regulations for these areas are in Chaptefs 22-F-3, 5-13, F.A.C.

In addition, the Charlotte Harbor Resource Planning and Manage-
ment Committee is developing goals and objectives for the Charlotte

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Harbor area. The Committee is studying many coastal issues including I
minimum flows, aquatic preserves, barrier islands, ports, fisheries
and marina siting. This program embodies many of the concepts of
special area management planning and exemplifies the application of
coastal management principles through cooperation and coordination
between local, regional, state and federal agencies.

RESOURCE RECOVERY

In recognition of the growing problems with the collection and
disposal of solid wastes and the growing importance of recycling of
solid wastes, the 1974 Florida Legislature enacted the Florida Re-
source Recovery and Management Act as Part IV of Chapter 403, Florida
Statutes.

LEGISLATIVE GOALS

403.702(2), F.S. -- It is declared to be the purpose of this act
to:

(a) Plan for and regulate the storage, collection,
transport, separation, processing, recycling
and disposal of solid waste in order to protect
the public safety, health, and welfare, enhance
the environment for the people of the state,
and recover resources which have the potential
for further usefulness.

GENERAL AUTHORITY

The Act is administered by the Department of Environmental
Regulation. The department has the responsibility to adopt a State
Resource Recovery and Management program, provide technical assistance
to local governments which develop resource recovery programs, issue
permits for resource recovery facilities or for solid waste treatment
and disposal facilities, and to prescribe the conditions under which
such facilities operate; ss. 403.704, 403.707, F.S.

SCOPE

"Solid waste" under the act means "... sludge from a waste
treatment works, water supply treatment plant, or air pollution con-
trol facility, or garbage rubbish, refuse, or other discarded mate-
rial, including solid,. liquid, semisolid, or contained gaseous material
resulting from domestic, industrial, commercial, mining, agricultural,
or governmental operations"; s. 403.703(9), F.S.

Requlations

Rules governing the permitting and operation of resource recovery
facilities and facilities for the treatment and disposal of solid

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wastes, are found in Chapter 17-7, F.A.C. Applicants for permits for
landfills, except governmentally owned or operated facilities, must
post a bond sufficient to cover the costs of closing the facility
prior to receiving a permit; 17-7.03(1) F.A.C.

Violations

The Act prohibits the deposit of solid waste in or on the land or
waters within the state and the burning of solid waste except in a
manner approved by the department. Civil fines of up to $10,000 per
day of violation may be levied against persons who violate the Act or
rules adopted under the Act. The department or local governments may
seek injunctions to enforce compliance with the Act and associated
rules; s. 403.708, F.S.

* * *

CONTROL OF HAZARDOUS WASTES

The 1980 Florida Legislature recognized that Florida was the only
Southeastern state without a comprehensive program for managing
hazardous waste materials and feared that as a result, the state would
become a dumping ground for wastes from other states. As a result, it
passed comprehensive legislation to control the generation, trans-
portation and disposal of these wastes. Chapter 80-302, Laws of
Florida -- an amendment to the state's Resource Recovery and Manage-
ment Act -- closely follows the requirements of the Federal Resource
Conservation and Recovery Act of 1976, in anticipation that the
federal program will be delegated to the state.

LEGISLATIVE GOALS

403.702(1)(f), F.S.

Certain solid waste, due to its quantity, concen-
tration, or physical, chemical, biological, or
infectious characteristics is expectionally harmful
to human health, safety, and welfare, and to the
environment; and ... exceptional attention to the
transportation, disposal, storage and treatment
of such waste is necessary to protect human health,
safety, and welfare and the environment.

403.702(2), F.S.

It is declared to be the purpose of this act to:

(f) Insure that exceptionally hazardous solid
waste is transported, disposed of, stored,
and treated in a manner adequate to protect
human health, safety, and welfare and the
environment.

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(g) Promote the recycling, reuse or treatment
of solid waste, specifically including
hazardous waste, in lieu of disposal of
such wastes.

(h) Promote the application of methods and
technology for the treatment, disposal,
and transportation of hazardous wastes
which are practical, cost-effective,
and economically feasible.

SCOPE OF THE ACT

The Florida Resource Recovery and Management Act, ss. 403.701-
403.730, F.S., includes the regulation of all solid wastes. The Act
was first passed in 1974 to create state jurisdiction over the treat-
ment and disposal of solid wastes in general. The 1980 amendments
broadened the act to include regulation of hazardous wastes.

Hazardous wastes are defined as:

--solid waste, or a combination of solid wastes, which,
because of its quantity, concentration, or physical, chem-
ical, or infectious characteristics may cause or signifi-
cantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness
or may pose a substantial present or potential hazard to
human health or the environment when improperly transported,
disposed of, stored, treated, or otherwise managed; s.
403.703(21), F.S.

GENERAL POWERS

The Act is administered by the Department of Environmental
Regulation. The department is authorized to adopt, amend and repeal
all necessary rules. However, rules adopted by the department may not
be more stringent than corresponding federal regulations, except that
the Environmental Regulation Commission may, pursuant to a finding of
compelling need, adopt stricter standards, or may adopt standards for
wastes not regulated by the U.S. Environmental Protection Agency. In
either case, the rules must receive approval of the Governor and
Cabinet before becoming effective; s. 403.704(16), F.S.

The Department is required to list hazardous wastes and to iden-
tify the characteristics of each. In preparing the lists, the depart-
ment is to consider factors such as ignitibility, corrosivity, reac-
tiveness, toxicity, infectiousness, radioactivity, mutagenicity,
carcenogenicity, tetragenicity, bioaccumulative effect, and persis-
tence and degradability in nature; s. 403.720(1), F.S. A generator or
transporter of hazardous wastes, and those who treat, store or dispose
of such wastes, must notify the department within 90 days after a
substance is listed if the waste is present at his facility; s.
403.720 (2), F.S.

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GENERATORS AND TRANSPORTERS OF HAZARDOUS WASTE: OWNERS OF HAZARDOUS
O WASTE FACILITIES

The Department is required to adopt rules governing the operations
of those who generate and transport hazardous wastes, as well as those
who operate waste treatment or storage facilities. Generators are
required to:

-- keep records as required by the Department;
-- follow correct labeling requirements for hazardous waste
containers;
-- use appropriate containers for hazardous wastes;
-- supply information on the composition and characteristics of
the wastes to persons transporting, storing or disposing of
the wastes;
-- initiate a manifest system to insure that hazardous wastes
are accounted for from the point of generation to the point
of final disposition; s. 403.721(3), F.S.

Transporters of hazardous wastes must:

-- keep appropriate records;
-- comply with labeling requirements for transported wastes;
-- maintain and follow the manifest system;
-- deliver only to approved designated treatment, storage or
disposal facilities; s. 403.721(4), F.S.

Owners and operators of hazardous waste disposal, storage or
treatment facilities must:

-- maintain complete and appropriate records of wastes handled,
stored, or disposed of;
-- conduct satisfactory monitoring and inspection for compliance
with the manifest system;
-- use approved techniques for the treatment, storage or
disposal of the wastes;
-- develop contingency plans for spills or other accidents;
-- obtain a permit; s. 403.721(6), F.S.

PERMITS

Each person who intends to construct, modify, operate, or close a
hazardous waste disposal, storage or treatment facility must obtain a
construction, operation or closure permit from the department. Persons
operating such facilities on the effective date of the rule listing
hazardous wastes must apply to the department for temporary operating
permits which will be valid for up to three years at which time an
operation permit may be issued; s. 403.722, F.S. Permits may be
revoked upon failure of a permit holder to comply with the Act, the
terms of the permit, the standards or other requirements imposed by the
department, for refusal to allow lawful inspection, or for the
submission of inaccurate information in the application. Permits may
* be modified upon request of the permittee, or if the department deter-
mines that a modification is needed to ensure compliance with the Act;

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403.722(5), F.S. A maximum fee of $1,000 may be charged for a
permit; s. 403.722(8), P.S. Permits issued by the department do not
override local government ordinances, comprehensive plans, zoning
ordinances, or regulations; s. 403.722(9), P.S.

SITING OF FACILITIES

Within 30 days of receipt of a permit application, the department
must notify appropriate local governments. Local governments must
determine if the proposed facility complies with appropriate local
requirements. Upon a finding that the facility does not comply, the
applicant may request a variance, and if denied, he may apply to the
Governor and Cabinet for a variance from the local requirement, but
only if the applicable regional planning council has previously
recommended a variance. The Act provides standards by which regional
planning councils and the Governor and Cabinet may act upon requests
for variances from local government requirements; s. 403.723, P.S.

HAZARDOUS WASTE MANAGEMENT TRUST FUND

The Act establishes the Hazardous Waste Management Trust Fund into
which is placed appropriations to the fund, permit fees, fines, grants
and other funds, and funds received from an excise tax levied against
generators of hazardous wastes. The excise tax is to be levied at a
rate of 4 percent of the price of disposing of, storing, or treating
hazardous wastes, and is in addition to all other taxes paid by the
generator. The Act provides for a staggered implementation of the tax
resulting in the full 4 percent levy by October 1, 1984; s. 403.725,
P.S. The excise tax is in addition to financial responsibility
requirements imposed upon all owners or operators of hazardous waste
facilities; s. 403.724, P.S. A cap of $10-million is placed upon the
Hazardous Waste Management Trust Fund. If the fund is at or exceeds
$10-million, no tax is levied. The Florida Department of Revenue
collects the tax; s. 403.725(6)(b), P.S.

OTHER PROVISIONS

The department has authority to act to abate imminent hazards, and
may use the funds in the Hazardous Waste Management Trust Fund. Funds
disbursed from the fund may be recovered by the person causing the
imminent hazard; s. 403.726, P.S. Violations are punishable according
to other provisions of Chapter 403, including damages and a civil
penalty of up to $25,000 for each day of continued violation, unless
the alleged violator can plead and prove that the alleged violation was
solely the result of an act of war; an act of government, either state,
federal or local; an act of God; an act or omission of a third party;
or the negligence of a second party; s. 403.727, P.S.

DISASTER PREPAREDNESS

A state disaster preparedness program is required under Chapter
252, Florida Statutes, which codifies the State Disaster Preparedness

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Act of 1974; s. 252.31, F.S. In passing the Act, the Legislature
recognized the vulnerability of Florida to large-scale disasters
resulting from natural forces, such as wind, waves, and rain, and from
human actions; ss. 252.32 and 252.34(5), F.S. The Act seeks to achieve
a pre-planned response capability in which the efforts of local, state,
and federal authorities are coordinated.

LEGISLATIVE GOALS

Section 252.32 provides in part that

assistance be provided by the state in the
prevention of disasters caused or aggravated
by inadequate planning for, and regulation of,
public and private facilities and land use.

Furthermore, it is the policy of the state

to coordinate all disaster preparedness
efforts with appropriate federal agencies,
local governments, private agencies, and
other states to the maximum extent; s. 252.32
(1)(e) and (2), F.S.

ADMINISTRATION

The state disaster preparedness program is administered by the
Division of Public Safety Planning and Assistance in the Department of
Veterans and Community Affairs; s. 252.35(1)., F.S. The Department is
headed by a Secretary appointed by the Governor and subject to confir-
mation by the Senate; s. 20.18(1), F.S.

The Division is responsible for the preparation of a comprehen-
sive plan and program for the civil defense of the state. The state
program is to be integrated into, and coordinated with, the survival
plans and programs of the federal government; s. 252.35 (2)(b), F.S.
The Division is authorized to make recommendations to agencies for
zoning, building, and other land-use controls designed to eliminate or
reduce disasters or their impact; s. 252.35(2)(e), F.S. It is also
authorized to assist local officials in designing local emergency
action plans and to promulgate standards for local and interjuris-
dictional disaster plans; s. 252.35(2)(f) and (i), F.S.

The Governor is required to consider, on a continuing basis, steps
which could be taken to prevent or reduce the harmful consequences of
disasters. Of particular concern are the areas of flood plain manage-
ment, stream encroachment and flow regulation, weather modification,
fire prevention and control, air quality, public works, land use and
land-use planning, and construction standards. The Governor is requir-
ed to recommend changes in requirements, practices, or policies to the
appropriate state and local agencies. If no action or insufficient
action is taken by such agencies, then the Governor is required to seek
legislative action to mitigate the impact of disasters; s. 252.44, F.S.

In the event of an actual or threatened disaster, the Governor
has broad powers to direct the response to such a situation. The

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Governor has the authority to issue necessary orders and regulations,
to suspend the existing regulations of agencies, to utilize the
resources of the state agencies and political subdivisions, to direct
and compel evacuations, and to provide assistance to the public in
clean-up and recovery operations; s. 252.36, F.S.

The boards of county commissioners, or the governing bodies of
combined county-city governments, are required to establish and main-
tain local disaster preparedness agencies to complement the state
program; s. 252.38(2), F.S. The Division of Public Safety Planning and
Assistance and the Governor are authorized and encouraged to delegate
their duties and functions regarding disaster preparedness to local
agencies; ss. 252.35(2)(n) and 252.36(4) and (8), F.S.

ENFORCEMENT

Violations of orders, rules, and regulations entered or promul-
gated under Chapter 252, Florida Statutes, have the force and effect
of law; s. 252.46(2), F.S. Violations of such orders, rules, or
regulations are punishable as misdemeanors of the second degree by
imprisonment for 60 days and a fine of $500.00; s. 252.50, F.S.
* **

PROTECTION OF HISTORIC SITES AND PROPERTIES

HISTORY

Historic preservation is not new in Florida. Citizens, government
officials, and university communities have long recognized the State's
rich and diverse heritage contained in its historical, archaeological,
engineering, and architectural elements.

While archaeological survey and salvage programs began around
1875, it was not until the 1940's that the State began funding such
activities through the Florida Park Service and the universities.
In 1959 the State created the St. Augustine Historical Restoration
Commission, now known as the historic St. Augustine Preservation Board.
By 1965, the Florida Legislature had declared it to be State policy to
protect and preserve objects of historic value. Between 1965 and 1967,
State officials conducted an in-depth study to produce comprehensive
legislation for the protection of Florida's archaeological and historic
resources. As a result, the 1967 Legislature passed the Florida
Archives and History Act (Chapter 267, F.S.). This statute was amended
in 1969 as a result of the Government Reorganization Act; and, other
amendments relative to historic preservation were added in 1973, 1976
and 1978.

The Florida Archives and History Act is the principal historic
preservation legislation in Florida. It reflects the mounting concern
for the adverse impacts on Florida's irreplaceable archaeological and
historic sites and properties. In coastal areas, these non-renewable
resources are located both on land and in the waters. Historic and
archaeological sites, including the Fort Walton Beach Temple Mound
in Okaloosa County, Weedon Island i n ellas County Indian Key in
Monroe County, the Pensacola, St. Augustine and Key West Historic

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ODistricts, and many other historic forts, lighthouses, indian mounds,
and the like, attract tourists to Florida, thereby contributing to the
State's economy, and are a source of pride to local residents.

Unfortunately, many of these sites are threatened by coastal
development activities, such as dredge-and-fill and coastal construc-
tion projects, urban development and city redevelopment, road and
bridge construction, clear-cutting forests, and shoreline erosion and
site looting owing to increased water-bourne traffic and public
access. To counterbalance such threats, the State of Florida and the
federal government have enacted legislation to help protect and pre-
serve such resources when threatened by damage or destruction by land
use activity.

Public and private users of Florida's coastal region must be
aware of the policy of the State of Florida on the protection and
preservation of historic sites, as well as the laws and regulations
which implement the policy. These authorities, which are summarized
below, mandate consideration of historic and archaeological resources,
and prohibit their alteration or destruction in certain circumstances
without investigating actions for preserving them or mitigating likely
damage.

LEGISLATIVE GOALS

Section 267.061(1), F.S., provides that:

(a) it is hereby declared to be the public policy
of the state to protect and preserve historic
sites and properties, buildings, artifacts,
treasure trove and objects of antiquity which
have scientific or historical value or are
of interest to the public, including, but not
limited to monuments, memorials, fossil deposits,
Indian habitations, ceremonial sites, abandoned
settlements, caves, sunken or abandoned ships,
historical sites and properties and buildings
or objects, or any part thereof relating to
the history, government and culture of the
state.

(b) it is further declared to be the public policy
of the state that all treasure trove, artifacts
and such objects having intrinsic or historical
and archaeological value which have been abandoned
on state-owned lands or state-owned sovereignty
submerged lands shall belong to the state with
the title thereto vested in the Division of
Archives, History and Records Management of the
Department of State for the purpose of
administration and protection.

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ADMINISTRATION

General Powers

Chapter 267, F.S. authorizes the Florida Department of State,
Division of Archives, History and Records Management (DAHRM), Bureau of
Historic Sites and Properties to locate, acquire, protect, preserve and
promote the location, acquisition, and preservation of archaeological
and historic sites and properties; develop a comprehensive statewide
historic preservation plan; and establish a permit program for
conducting excavation and/or surface reconnaissance on state lands or
lands within boundaries of designated state archaeological landmarks or
landmark zones, ss. 267.061(2) and 267.12.

Department of State Rules, Chapters IA-31 and IA-32, are permit
programs prepared by DAHRM. under Chapter 267, F.S. Chapter IA-31
("Procedures for'Acquiring and Protecting Antiquities on State Landso)
outlines procedures for entering into contracts for exploration, and
contracts for salvage of treasure trove on state-owned submerged lands.
Chapter IA-32 ('Research Permits for Archaeological Sites of
significance") presents the procedures and professional qualifications
for being granted a research permit to conduct archaeological site
surveys or excavations on state-owned lands. These rules have been
promulgated to insure the proper management of these resources.

The Director of the Division of Archives, History and Records
management is also the State Historic Preservation Officer (SHPO). The
SHPO has been designated by the Governor to administer federal historic
preservation programs. Specific SHPO responsibilities are presented in
Title 36, Code of Federal Regulations, Part 61.2(b) ('Criteria for
Comprehensive Statewide Historic Surveys and Plans"), and include:

(1) Development of an administration framework for the State
historic preservation program consisting of (i) the State
historic preservation office; (ii) a professional staff
working under the direction of the State Historic Preser-
vation Officer; and (iii) a State Review Board designated by
the State Historic Preservation Officer unless otherwise
provided by State law.

(2) Direction of a comprehensive statewide survey of historic
properties.

(3) Registration, or official recognition, of historic properties
through (i) preparation and submission of nominations to the
National Register, and (ii) participation in the Secretary's
determinations that historic properties meet the National
Register criteria and are therefore eligible for listing in
the National Register.

(4) Cooperation in the development of effective working relation-
ships with Federal agencies, other State officials, and

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local governmental units that participate in the
identification, registration, protection, enhancement,
and management of historic properties and in project
planning that may affect historic properties.

(5) Cooperation and integration of historic preservation planning
with all levels of planning, in order to ensure that the need
to preserve historic properties is taken into consideration
by all planning and development agencies.

(6) Cooperation in the development and maintenance of a review
procedure of publicly funded, assisted, and licensed under-
taking that may affect historic properties within the State.

(7) Participation in the review of Federal, federally assisted,
and federally licensed undertakings that may affect historic
properties included in or eligible for inclusion in the
National Register under section 106 of the National Historic
Preservation Act and Executive Order 11593, in accordance
with the Advisory Council on Historic Preservation's
"Procedures for the Protection of Historic and Cultural
Properties' (36 C.F.R., Part 800), and participation in the
review of non-federal undertakings when required or permitted
by State law.

(8) Assisting Federal agencies in fulfilling their historic
preservation responsibilities under Federal laws and
regulations.

(9) Liaison with organizations of professional archaeologists,
historians, architects, architectural historians, planners,
and others concerned or potentially concerned with historic
preservation.

(10) Development and operation of a program of public information
and education concerning the National Register and grants
programs.

(11) Administration of the grants program within the State.

(12) Preparation and maintenance of a comprehensive statewide
historic preservation plant subject to approval by the
Secretary.

These activities are intended to implement the goals and policies
contained in the National Historic Preservation Act of 1966 (Public Law
89-665) as amended by P.L. 91-243, P.L. 93-54, P.L. 94-422, and P.L.
94-458 and Presidential Executive order 11593 ('Protection and
Enhancement of the Cultural Environment"), and are carried out in
accordance with the procedures contained in 36 C.F.R., Part 800
('Procedures for the Protection of Historic and Cultural Properties")
. ~and 36 C.F.R., Parts 60, 61, 63 and 66.

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In addition, the National Environmenltal Policy Act of 1969 (P.L.
91-190) obligates federal agencies to prepare an environmental impact
statement (EIS) for every major federal action affecting the natural
and man-made environment prior to commencing such actions. Section
101(b)(4) of the act directs the involved federal agency to "coordinate
federal plans, functions, programs, and resources to ... preserve
important historic, cultural, and natural aspects of our national
heritage...". EIS's prepared under NEPA are circulated at the State
level through the State Planning and Development Clearinghouse in
accordance with OMB Circular A-95. One of the recipients is the SHPO
who reviews project documents to insure compliance with the National
Historic Preservation Act and to determine what impact, if any, the
project will have on significant archaeological and historic sites and
properties.

The Coastal Zone Management Act of 1972 (P.L. 92-583 as amended)
encourages states to undertake comprehensive planning and management
"to achieve wise use of the land and water resources of the coastal
zone giving full consideration to ecological, cultural, historic and
aesthetic values as well as to needs for economic development".
Section 307(a) and a resulting 1978 interagency agreement with the
U.S. Department of the Interior to help insure compatibility with
historic preservation programs are presented elsewhere in this
document.

Chapter 267, F.S., provides the basic expression of State
Policy for historic preservation, defining goals and outlining the
responsibilities of the DAHRM. It also addresses various aspects
of protecting and preserving archaeological and historic sites and
properties abandoned on state-owned lands and state-owned sovereignty
submerged lands. Other Florida statutes however, also address
protecting and preserving cultural resources. These include the
"Historic Preservation, etc., Boards of Trustees" Act (Chapter 266,
F.S.), which established the Historic St. Augustine, Pensacola,
Tallahassee, Key West, Boca Raton, and Tampa-Hillsborough Preservation
Boards of Trustees. Additionally, there is the "Environmental Land and
Water Management Act" of 1972 as amended in 1979 (Chapter 380, F.S.,
and Laws of Florida); and Chapter 79-255 (Laws of Florida) which amends
both the "Public Lands and Property" Act (Chapter 253, F.S.), and the
"Land Conservation Act' of 1972 (Chapter 259, F.S.).

The Environmental Land and Water Management Act of 1972 as amended
in 1979 (Chapter 380, F.S.) defines Areas of Critical State Concern
(Section 380.05, F.S.) and Developments of Regional Impact (Section
380.06, F.S.). In accordance with Section 380.05(2), Areas of Critical
State Concern may be designated for:

(b) An area containing, or having a significant impact
upon, historical or archaeological resources, sites,
or statutorily defined historical or archaeological
districts, the private or public development of which
would cause substantial deterioration or complete
loss of such resources, sites or districts.

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* This subsection, which is presented in more detail in Part II, Section
Two.C., clearly indicates the State's continued recognition of the
value of protecting and preserving its archaeological and historic
sites.

Developers of projects determined to be Developments of Regional
Impact (DRI's) must submit Applications for Development Approval (ADA).
Developers must address the effect of their project on archaeological
and historic sites and properties. In cooperation with the Department
of Veterans and Community Affairs, Division of Local Resource
Management, the DAHRM reviews and comments upon the adequacy of the
answer to Question 19 of the ADA. If significant archaeological and/or
historic sites are present, the Division of Local Resource Management
may require the developer to consider the means for preserving such
areas.

Section 253,023, F.S., of the "Public Lands and Property" Act
states that lands may be purchased with funds from the Conservation and
Recreation Lands Trust Fund "for (the) preservation of significant
archaeological or historic sites". The "Land Conservation Act of 1972"
(Chapter 259, F.S.) was amended by adding Section 295.035 ("Selection
Committee; Powers and Duties"). The Director of the Division of
Archives, History and Records Management of the Department of State is
a statutory member of the selection committee. Section 259.032, F.S.
states that: 'All proposals for acquisition projects pursuant to this
. chapter or s. 253.023 shall originate from the committee".

Finally, under the authority granted in Section 403.504, F.S.,
of the "Florida Electrical Power Plant Siting Act", the Department
of Environmental Regulation has prepared Chapter 17-17, F.A.C.
("Electrical Power Plant Siting"). Section 17-17.05 addresses the
studies required to assist in the certification of power plant
sites and requires consideration of the project impact on cultural
resources,

in general, State policy expressed in Chapter 267, F.S.,
encourages the protection and preservation of historic sites and
properties in coastal regions as well as elsewhere in the State.
Chapter 267, F.S., also specifically provides for the protection of
privately owned lands and allows the State to take a role in federal
preservation programs.

Federal preservation authority which is implemented at the State
level through the SHPO provides a way to protect significant historic
and archaeological sites from Federal or federally involved projects.
if preservation is not feasible, the authority provides for recording
information about objects, sites, structures, and districts of
historical, architectural, or archaeological significance prior to
their disturbance or destruction as a result of project activities.
Significant properties are those which are listed, or determined
eligible for listing, in the National Register of Historic Places.

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Review and Compliance Program Activities

Documents on projects requiring cultural resource assessment
reviews are received by the Florida Division of Archives, History and
Records Management (FDAHRM)/State Historic Preservation Officer (SHPO)
directly from project and applicants; or through the A-95 review
process; or from State agencies.

This agency encourages submission of projects and project alter-
natives for review early in the planning stage. Early review permits
the applicant to know in advance whether a proposed project will or may
affect significant known or potentially occurring archaeological or
historic sites and properties to arrange to have an archaeological and
historic site assessment survey conducted if needed; and to modify the
proposed project, if necessary, to comply with applicable State and
Federal Historic Preservation rules and regulations.

After receiving a cultural resource assessment request, the
DAHRM/SHPO checks the Florida Master Site File, and the central site
inventory, to determine if any known sites are recorded on the property
and whether the tract has been surveyed previously for sites by a
professionally capable agency. The DAHRM/SHPO also assesses the
likelihood of unknown sites or properties occurring on the property.
If a review indicates that the potential for site occurrence is low or
if there is documentation of extensive land fill or ground disturbing
activities, the DAHRM (for State) or SHPO (for-Federal) usually will
issue an opinion that there is little likelihood of the activitiesW
affecting significant archaeological or historic sites and properties.
If, however, the DAHRM/SHPO believes the likelihood of significant
sites within a tract is high or if there are known sites on the
property, the DAHRM/SHPO will recommend that a site assessment survey
be conducted to locate and assess the condition and archaeological or
historical significance of any sites within the tract. The DAHRM/SHPO
staff will review the site assessment survey report and determine if
significant sites will be affected. Significant sites are those which
have contributed or may contribute significantly to out understanding
of an area' s history or prehistory. If significant sites are involved,
the DAHRM/SHPO generally will recommend that the project be modified to
permit the preservation of those sites. If preservation is not accept-
able to the applicant and there is no feasible or prudent alternative
to site alteration, the DABRM/SHPO will recommend that the information
contained at the site(s) be recovered through archaeological or
architectural salvage and/or recording by a professionally competent
agency.

Since preservation is the preferred alternative, issuance of a
federal permit, license, federal grant, loan guarantee, or acceptance
of an Application for Development Approval for a Development of
Regional Impact may depend upon the applicant's agreeing to preserve
any significant sites. This does not mean the applicant is prohibited
from using the parcel located or using a building or structure deemed
significant. However, the categories of use must be designed to

11-137

* ~preserve or enhance the site(s). Some of the land uses most frequently
planned in these instances include green-belts, nature preserves,
passive recreation areas, or other such uses which do not disturb or
alter the integrity of the site(s).

Technical and Financial Assistance

in addition to the cultural resource assessment review program,
the Division, acting as staff of the SHPO, also administers a grants
program and provides technical assistance.

The DAHRM/SHPO is responsible for processing all National
Register of Historic Places nominations for Florida. TheiNational
Register is the official list of the nation's cultural resources worthy
of preservation. Properties listed in the National Register may be
eligible for various funding programs and federal tax incentives. In
addition, listing provides protection to these resources by requiring
comment from the DAHRN! SHPO on the effect of federally assisted
projects. Before submission to the National Register, all proposed
nominations must be approved by the State Review Board whose membership
includes professionals in the fields of architecture, architectural
history, and prehistoric and historic archaeology. if the proposed
nomination meets the National Register criteria, the Board recommends
it to the SHPO. The proposed nomination is then forwarded to the
Keeper of the National Register in Washington, D.C.

In addition to the above activity, DAHRM/SHPO administers the
Department of the Interior, Heritage Conservation and Recreation
Service Historic Preservation Grant Assistance Program in Florida.
This program encourages the identification of, and preservation
through acquisitions, rehabilitation, restoration or reconstruction,
of sites and properties of archaeological, architectural and historic
significance.

The Heritage Conservation and Recreation Service Grant Assistance
Program for Survey and Planning provides grants which may reimburse up
to 50% of the costs of preparing preservation planning studies and
conducting archaeological, architectural and historic preservation
surveys. As a result of these surveys, many new sites have been
entered in the Florida Master Site File, which is the central inven-
tory and archival record of Florida's cultural resources.

The Heritage Conservation and Recreation Service's Historic
preservation Program for Acquisition and Development projects provides
grants which may reimburse owners of National Register properties
for up to 50% of the costs of the restoration, rehabilitation, or
acquisition of properties listed on the National Register or
significant properties within the boundaries of a National Register
District. To be eligible for these funds, a project must comply
with the comprehensive statewide historic preservation plan approved
by the Secretary of the Interior and must meet appropriate
is restoration/rehabilitation guidelines.

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In addition to the Federal Historic Preservation Grants program,
the DAHR14 administers the State Historic Preservation Grants-In-Aid
program. This program, funded by the State of Florida, provides
matching grants-in-aid, not to exceed 50% of the total costs, for the
preservation of certain designated historic properties. Unfortunately,
funds have yet to be appropriated by the Legislature. The Administra-
tive Rules and Regulations for this program are currently under
revision.

A third program is the Certification and Review Process required
by the provisions of the Tax Reform Act of 1976 and the Revenue Act of
1978 which establishes important tax incentives for the preservation
and rehabilitation of historic architectural structures. The law
amended the Federal Income Tax Code to stimulate preservation of
historic income-producing buildings. The Act allows tax incentives for
preservation to approach parity with those for new construction.
'Historic' is defined as being listed in the National Register or
certified by the Secretary of the Interior as significant to a National
Register Historic District. The Act also provides the same incentives
to certified historic structures located in a state or local historic
district, if the ordinance or statute is certified by the Secretary of
the Interior.

The DAHRM also consults with State agencies which administer
properties containing archaeological, architectural and historic sites.
one of these is the Division of Recreation and Parks, Department of
Natural Resources which maintains several historically important sites
and structures. These consultations include research for interpretive
purposes, on-site archaeological and architectural investigations, and
technical preservation assistance. The latter concentrates new methods
and materials in the preservation field which help the involved state
agency correct structural problems and maintain their historic sites
and structures.

LOCAL APPROVAL

In addition to applicable State and Federal regulations, some
county and local governments, among them Pinellas and Monroe Counties
and the city of St. Augustine, have ordinances which include historic
preservation components. These ordinances interface with the state-
wide historic preservation plan and involve review and comment by
DAHRM. Such local ordinances should be consulted prior to beginning
work on a proposed project under their jurisdiction.

ARTHROPOD CONTROL

As a consequence of the climate and the extensive wetlands areas
in Florida, the control of mosquitoes and other arthropods has always
been a problem. in 1959, the Legislature enacted the legislation
which forms the basis for arthropod control activities in the state;
Ch. 59-195t Laws of Florida (1959). The legislation, codified in
Chapter 388, Florida Statutes, provides for a cooperative effort
between the state and local governments in the control of arthropods.

-T * 1 ") rM

LEGISLATIVE GOALS

Section 388.021, Florida Statutes, provides that:

The abatement or suppression of mosquitoes and
other arthropods, whether disease-bearing or
merely pestiferous, within any or all counties
of Florida, is advisable and necessary for the
maintenance and betterment of the comfort, health,
welfare, and prosperity of the people thereof;
and is found and declared to be for public
purposes...

ADMINISTRATION

The arthropod control program is administered through mosquito
control districts (special taxing districts) and county governments
with the Department of Health and Rehabilitative Services (DHRS)
having general control, particularly through the disbursement of state
matching funds; ss. 388.031, 388.241, and 388.261, F.S. Arthropod
control projects may be undertaken by mosquito control districts or
counties, or in the case of public lands, by DHRS; ss. 388.161,
388.241, and 388.411, F.S. The Department of Health and Rehabili-
tative Services is headed by a secretary appointed by the Governor and
subject to confirmation by the Senate; s. 20.19, F.S. Mosquito
control districts are headed by three member boards elected by the
electors within the district; s. 388.101, F.S.

ARTHROPOD CONTROL PROGRAMS

Control programs may involve structures, ditching, draining,
filling, and the use of oil and chemicals. However, the use of oil or
chemicals must be approved by DHRS, must not exceed quantities neces-
sary to control breeding, and must not be detrimental to fish life; s.
388.161(1), F.S. Furthermore, the application of pesticides to waters
in the state must be performed under programs approved by DHRS pur-
suant to program approval procedures established by DHRS and the
Department of Environmental Regulation (DER) through an interagency
agreement; s. 403.088(1), F.S. Such an agreement was executed by DHRS
and DER on June 2, 1979. The only chemicals which can be used are
those approved for the particular use by the U.S. Environmental
Protection Agency or the Florida Department of Agriculture and Con-
sumer Services and only in accordance with registered label instruc-
tions, state application standards, and the Florida.Pesticide Law,
Chapter 487, Florida Statutes; s. 403.088(1) and 403.141 (4), F.S.

No dredge or fill permits are required for the maintenance of
existing insect control structures, dikes, and irrigation and drainage
ditches provided that (a) spoil material is deposited on a self-
contained, upland spoil site which will prevent the escape of the
spoil material into waters of the state, or (b) where it is determined
by DHRS that upland spoiling is so costly as to inhibit the proposed
is insect control, spoiling may be allowed in the water on existing spoil

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sites or dikes, provided that DER is notified and turbidity controls
are used in waters utilized for potable water supplies, designated as
shellfish harvesting waters, or functioning as habitat for commer-
cially or recreationally important shellfish or finfish.

In all cases, no more dredging is to be performed pursuant to the
exemption that is necessary to restore the dike or irrigation or
drainage ditch to its original design specifications; s. 403.813
(2)(g), F.S. With regard to new structural projects involving dred-
ging or filling, DER is required to consider in its review of permit
appliations not only the ambient pollution standards, but also the
total well-being of the public if there may be the danger of a public
health hazard; s. 403.021(8), F.S.

To receive state financial aid, each district or county must
submit annually to DHRS for approval a work plan and budget; s.
388.271, F.S. Prior to undertaking any permanent eliminative control
measures, DHRS must approve the operating or construction plans; s.
388.291(1), F.S.

SOIL AND WATER CONSERVATION

Sections 582.02-582.05 establish the state position and policy
for soil and water conservation in the State. Land is established as
a 'basic asset of the state" by s. 582.02, while s. 582.03 describes
the consequences of soil erosion. Appropriate corrective mechanisms
to combat soil erosion are set out in s. 582.04.

LEGISLATIVE GOALS

The state legislative policy, set forth in s. 582.05, F.S., is to

provide for control and prevention of soil
erosion, and for the prevention of floodwater
and sediment damages, and for furthering the
conservation, development and utilization of
soil and water resources, and thereby to
preserve natural resources, control floods,
prevent impairment of dams and reservoirs,
assist in maintaining the navigability of
rivers and harbors, preserve wildlife,
protect the tax base, protect public lands,
and protect and promote the health, safety
and general welfare of the people of this
state.

The chapter establishes soil and water conservation districts,
provides the powers and duties of the districts, and establishes their
taxing powers.

REGIONAL PLANNING COUNCILS

The 1980 Florida Legislature amended Chapter 160, F.S., creating
the Florida Regional Planning Council Act which clearly outlines the
duties and responsibilities of the regional planning councils in the
state. Under the new law, the councils must develop comprehensive
regional policy plans and have the responsibility to assist local
governments with resolution of regional issues.

LEGISLATIVE GOALS

Section 160.02, F.S. states that the purpose of the Florida
Regional Planning Council Act is to:
"...establish a common system of regional planning
councils for areawide coordination and related
cooperative activities of federal state and local
governments ... and enhance the ability and opportunity
of local governments to resolve issues and problems
transcending their individual boundaries."

The new law requires that one-third of the governing body of each
regional planning council is to be appointed by the governor. Other
Omembers include representatives of member governments; s. 160.04, F.S.

The Executive Office of the Governor has the responsibility to
arbitrate and settle disputes between councils. In addition, the
office reviews, and may modify, reject, or approve rules adopted by
the councils, insuring a degree of state-level oversight of regional
planning council activities; s. 160.05, F.S.

Regional planning councils are required to adopt regional policy
plans. An interim progress report is due on or before March, 1981.
Plans, which are to be adopted by rule, must be consistent with
Chapters 373 and 403, Florida Statutes, the state's Water Resources
and Pollution Control laws. The water management districts or the
Secretary of the Department of Environmental Regulation have the
authority to resolve inconsistencies between council plans. District
or department findings may be appealed to the Land and Water Adjudi-
catory Commission. Plans are used as the basis of review for Devel-
opments of Regional Impact, local comprehensive plans and federally
assisted projects; s. 160.07, F.S.

PUBLIC UTILITIES

Chapter 366 establishes the state position and policy for public
utilities. Public utilities are defined to include any legal entity
which supplies electricity or gas to or for the public. The juris-
is diction of the Florida Public Service Commission over public utilities
is described in Section 366.04, F.S.

11-142

LEGISLATIVE GOALS

The state legislative policy set forth in s. 366.01, F.S., is

The regulation of public utilities, as defined
herein, is declared to be in the public interest
and this chapter shall be deemed to be an exer-
cise of the police power for the protection of
the public welfare .

The chapter establishes commission jurisdiction over the plan-
ning, development, and maintenance of a coordinated electric power
grid throughout Florida to assure a continued adequate and reliable
source of energy.

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C. GEOGRAPHIC AREAS OF PARTICULAR CONCERN:
AREAS OF SPECIAL MANAGEMENT

The Federal Coastal Zone Management Act of 1972, while recogniz-
ing the entire coastal zone of each state as an important and vital
resource, also declares that certain areas are of even more, special
significance, and warrant particular attention to their preservation
and development. The Act requires, in Section 305(B)(3), that each
state inventory and designate the "Areas of Particular Concern" within
its coastal zone as part of the state's program.

Section 923.21 of the Coastal Zone Management Development
and Approval Regulations (Federal Register, Vol. 44, No. 61,
March 28, 1979) defines the Federal requirements for Geographic
Areas of Particular Concern (GAPCs). The subsection reads in
part as follows:

(a) Requirement. In order to meet the requirements of
subsections (305(b)(3) and (5) of the Act, States
must:

(1) Designate geographic areas that are of partic-
ular concern, on a generic or site-specific
basis or.both;

(2) Describe the nature of the concern and the
basis on which designations are made;

(3) Describe how the management program addresses
and resolves the concerns for which areas are
designated; and

(4) Provide guidelines regarding priorities of
uses, in these areas, including guidelines
on uses of lowest priority.

Also, as a subpart of GAPC designations, the state must:

(1) Describe the criteria by which areas can be
designated for the purpose of preserving or
restoring them for their conservation, recre-
ational, ecological or aesthetic values; and

(2) Describe the procedures by which such desig-
nations can be made.

The federal regulations suggest that several different kinds of
areas should be considered for designation, including important natural
resource areas, habitat, cultural and scenic resources, hazard areas,
areas for development and for siting of large facilities, and areas of
intense competition for space or resources. In addition to considering
the many types of areas, the state must, prior to program approval,
* ~demonstrate that it has developed and implemented policies or actions
to address the concerns expressed for each area.

I1-144

Florida proposes to use several existing state programs which have
identified areas of particular state interest where special management
measures are applied to ensure protection of Florida's land and water
resources. These-four state programs, the Aquatic Preserves System,
the State Wilderness System, Areas of Critical State Concern, and the
Conservation and Recreation Lands Program, are major programs which
provide for the designation, establishment of priority of uses, and
management of GAPC's within Florida's Coastal Management Program.
These areas, designated as Areas of Special Management (ASM's) for the
Florida CMP, are described in detail in the following discussion, with
a listing of each category of ASH shown in Table 4.

In each ASK program category, there is a selection process which
defines the (1) state objectives, (2) procedures and criteria for
designation, and (3) management regulations and guidelines for each
management category. Additionally, there is a brief discussion on a
fifth program entity, Areas for Preservation and Restoration# which is
considered as a special category of Areas of Special Management. Under
each of these ASK programs, additional GAPC's can be designated. In
the state's coastal management program, those uses which are permitted
are considered of highest priority and those which are incompatible or
not permitted are considered uses of lowest priority.

FLORIDA'S AQUATIC PRESERVES SYSTEM

State Concern And Program Fulfillment Of That Concern

Through Florida's Aquatic Preserve Act of 1975 (Chapter 258, F.S.)
the state manages 30 estuarine and marine aquatic preserves within the
coastal zone. The Act was passed to set aside certain state-owned
submerged lands and associated coastal waters in areas which have
exceptional biological, aesthetic, and scientific value as state
aquatic preserves or sanctuaries for the benefit of future generations.
A designated Aquatic Preserve may include open water areas, coastal
marshes mangrove islands, grass flats, sandy beaches, and other
features of estuarine, lagoon and nearshore marine tidal water bodies.

The preserves generally are areas of high natural productivity
which provide an essential natural habitat for various living
resources, including fish and wildlife. Because of the biological
resources in these areas, many of them are extremely valuable from a
scientific standpoint. This is recognized by a significant number of
universities, environmental organizations and business interests which
have research programs in these areas. The University of Miami,
Florida State University, the Collier County Conservancy, and the
Tropical Bio-Industries Development Company are examples of such
research groups.

The state also values many of the aquatic preserves for their
scenic and recreational qualities. A number of areas, such as the
Rocky Bayou State Park Aquatic Preserve and the Fort Clinch State Park
Aquatic Preserve have been designated to protect the aesthetics of

II-145

TABLE 4

AREAS OF SPECIAL MANAGEMENT

Aquatic Preserves System (AP) (Chapter 258.35 - 358.46, F.S.)

Number

AP-1 Fort Pickens State Park Aquatic Preserve
AP-2 Yellow River Marsh Aquatic Preserve
AP-3 Rocky Bayou State Park Aquatic Preserve
AP-4 St. Andrews State Park Aquatic Preserve
AP-5 St. Joseph Bay Aquatic Preserve
AP-6 Apalachicola Bay Aquatic Preserve
AP-7 Alligator Harbor Aquatic Preserve
AP-8 St. Martins Marsh Aquatic Preserve
AP-9 Pinellas County Aquatic Preserve
AP-10 Boca Ciega Aquatic Preserve
AP-11 Cockroach Bay Aquatic Preserve
AP-12 Gasparilla Sound - Charlotte Harbor Aquatic Preserve
AP-13 Cape Haze Aquatic Preserve
AP-14 Matlacha Pass Aquatic Preserve
AP-15 Pine Island Sound Aquatic Preserve
AP-16 Estero Bay Aquatic Preserve
AP-17 Rookery Bay Aquatic Preserve
AP-18 Cape Romano - Ten Thousand Islands Aquatic Preserve
AP-19 Coupon Bight Aquatic Preserve
AP-20 Lignumvitae Key Aquatic Preserve
AP-21 Biscayne Bay - Card Sound Aquatic Preserve
AP-22 Biscayne Bay - Cape Florida to Monroe County Aquatic
Preserve
AP-23 Loxahatchee River - Lake Worth Creek Aquatic Preserve
AP-24 Jensen Beach to Jupiter Inlet Aquatic Preserve
AP-25 North Fork, St. Lucie Aquatic Preserve
AP-26 Indian River - Vero Beach to Fort Pierce Aquatic
Preserve
AP-27 Indian River - Malabar to Sebastian Aquatic Preserve
AP-28 Banana River Aquatic Preserve
AP-29 Mosquito Lagoon Aquatic Preserve
AP-30 Tomoka Marsh Aquatic Preserve
AP-31 Pellicer Creek Aquatic Preserve
AP-32 Nassau River - St. Johns River Marshes Aquatic Preserve
AP-33 The Fort Clinch State Park Aquatic Preserve

State Wilderness System (W) (Chapter 258.12 - 258.33, F.S.)

Number

W-1 Audubon Island Wilderness Area
W-2 Hallman Island Wilderness Area
W-3 Robert Crown Wilderness Area
W-4 Town Islands Wilderness Area
W-5 Turkey Point Wilderness Area

11-146

TABLE 4 Con't.

Areas of Critical State Concern (ACSC) (Chapter 380, F.S.)

Number

ACSC-1 Big Cypress Area of Critical State Concern
ACSC-2 The Florida Keys Area of Critical State Concern
ACSC-3 The Green Swamp Area of Critical State Concern

Conservation and Recreation Lands/Environmentally Endangered Lands
(CARL/EEL) (Chapters 253.023, F.S. and 259, F.S.)

Number

CARL/EEL-1 Rookery Bay
CARL/EEL-2 Lower Apalachicola River Addition
CARL/EEL-3 Charlotte Harbor
CARL/EEL-4 Cayo Costa/North Captiva Island
CARL/EEL-5 I.T.T. Hammock (Dade County)
CARL/EEL-6 West Lake
CARL/EEL-7 Spring Hammock
CARL/EEL-8 Latt Maxcy Tract
CARL/EEL-9 St. George Island - Unit 4
CARL/EEL-10 Green Swamp
CARL/EEL-11 South Savannas
CARL/EEL-12 Double Branch Bay (Bower Tract)
CARL/EEL-13 Little Gator Creek (Wood Stork Rookery)
CARL/EEL-14 Fakahatchee Strand
CARL/EEL-15 The Grove
CARL/EEL-16 Cockroach Key
CARL/EEL-17 San Felasco Hammock
CARL/EEL-18 Three Lakes Ranch Addition
CARL/EEL-19 Shell Island
CARL/EEL-20 Six Mile Cypress Swamp
CARL/EEL-21 Paynes Prairie Additions
CARL/EEL-22 New Mahogany Hammock
CARL/EEL-23 Josslyn Island
CARL/EEL-24 Ponce de Leon Springs
CARL/EEL-25 The Oaks
CARL/EEL-26 Horton Property (Snead Island)
CARL/EEL-27 Big Shoals (Suwannee River Corridor)

II-147

contiguous state parks. In addition, several of the aquatic preserves
* are thought to contain some of the best sport fisheries in the United
States, making them extremely important recreational assets. Oppor-
tunities for other recreational uses such as hunting, boating and
swimming are also abundant.

The majority of aquatic preserves are either in or n ear regions of
increasing urbanization. Competition for the use of these areas is
great. many wetland areas within or adjacent to the preserves were
filled in the past to create useable 'dry' land. Conversely, signifi-.
cant portions have been dredged to provide fill materials or to create
navigation channels. In some cases, coastal marshes and mangrove
swamps have been drained for mosquito control and to improve upland
properties. Exploratory wells have been drilled, shell and sand has
been mined, and structures of all shapes and sizes have been erected.
In addition, some of the areas have experienced increasing amounts of
pollution of various forms. Concern over these problems resulted in
passage of the Aquatic Preserve Act.

Selection Criteria

All of the aquatic preserves were selected on the basis of being
areas of submerged lands (and associated waters) which were of excep-
tional value. The purpose essentially is to maintain them in their
natural or existing condition, or to restore them. Additional general
criteria which further describe the nature of the designated preserves
are: 1) each area includes only state-owned lands or water bottoms
. specified by law; 2) privately-owned lands or water bottoms are
excluded except where negotiated with a private owner; and 3) all
established aquatic preserves exclude: a) any publicly-owned and
maintained navigation channel or other authorized (by the U. S.
Congress) public works project designed to improve or maintain com-
merce and navigation, and b) all lands which may be lost through
avulsion or artificially induced erosion.

In addition to these requirements, the Act also specifies that
each of the preserves be characterized as being of one or more of three
principal types: (1) biological, where certain forms of animal or
plant life? or their supporting habitat, is to be protected;
(2) aesthetic, where certain scenic qualities or amenities are to be
maintained; and (3) scientific, where other particular qualities or
features are to be maintained. Six aquatic preserves, Estero Bay,
Rookery Bay, Coupon Bights Lignumvitae Key, North Fork St. Lucie River,
and Cockroach Bay remain to be formally designated as belonging in one
or more of these three types.

Selection Process

Establishment of Florida's aquatic preserve system resulted from a
complex process over an eight-year period beginning In 1968 with
creation of the State interagency Advisory Committee on Submerged Land
Management, and culminating with the enactment of the Aquatic Preserve
* Act of 1975. The interagency committee had the responsibility to

II-148

recommend a statewide system of aquatic preserves to Florida's Board of
Trustees of the Internal Improvement Trust Fund (the administrative0
body charged with managing state-owned lands). Following a series of
public meetings and a report from the committee, the Trustees approved
a system of aquatic preserves by several resolutions. Before passage
of the general Act, several aquatic preserves were designated by
special act of the state legislature. In 1975, the Legislature enacted
the Florida Aquatic Preserve Act.

Under this Act, the designation process for additional aquatic
preserves is clearly provided. The process involves: (1) a proposal
for an area to be established as an aquatic preserve (this may include
an area already owned by a governmental agency upon written specific
authorization from that agency, or an area in private ownership,
specifically authorized in writing either through a lease or a dedi-
cation in perpetuity); (2) a public hearing in the county or counties
where the area is located; (3) Trustees adoption of a resolution to set
aside the area to be included in the aquatic preserve system;
(4) confirmation by the Legislature; and (5) recording of the legal
description of the area in the public records of the county or counties
involved. (See Figure 3).

It should be noted that recommendations for consideration of
new areas can originate from almost any source: government agency,
private enterprise, environmental interest group, etc. The Division
of State Lands of the Department of Natural Resources has authority to
review all requests for additional aquatic preserves. After sufficient
review, those areas which warrant official action then can be submitted -W
to the Board of Trustees (the Governor and Cabinet) and the State
Legislature for action.

The Act also provides stringent requirements before an area can be
withdrawn from the system. Once the area is selected and included in
the system, it cannot be removed without formal public notice and
action by the State Legislature (except in cases where lease agreements
provide for such a removal).

Management Guidelines/Authorities

The Board of-Trustees holds title to all state lands and as such
has the power to adopt and enforce rules and regulations for management
of designated aquatic preserves and to carry out the provisions of the
Aquatic Preserve Act. Generally, this includes the authority to
regulate preserves as long as such regulation does not interfere with
traditional public uses, including sport and commercial fishing,
boating, swimming, etc.

In addition, the Trustees can permit other uses and activities
which may not have been specifically provided for but which are found
to be compatible with the intent of the Act. Hence, although these
areas are called preserves, several uses and activities are permitted
which may have some effect on the existing conditions in the areas.

ji-149

FIGU]RE 3
AQUATIC PRESERVE SELECTION PROCESS

lAquatic Preserve I

Public Notice

Writtena~thorzationand Hearing

Writtn auhoriztionApproval of the Perpetual dedication or
Ln ~~ frcrm app.ropriate Board of Trustees lease from private
governmental agency of the Internal individual to include
to include land and/ Improvement Trust land and/or water
or water bottoms it Fund. bottoms he owns.
owns.

I Action by
,Legislature

I
Record Aquatic
Preserve in
appropriate
county records.

Specific prohibitions in the Act include:

1. The sale,, lease or transfer of state submerged lands except when
it is in the public interest;

2. Any further dredging or filling of submerged lands except in
certain instances such as authorized public navigation projects
and other authorized projects for the creation and maintenance of
marinas, piers, etc;

3. The drilling of gas or oil wells;

4. The erection of certain structures; and

5. The discharging of wastes or effluencts when such action sub-
stantially departs from the intent of the Act.
The above guidelines serve to direct the management of the aquatic
preserves.
With passage of the Florida Environmental Reorganization Act of
1975, Chapter 75-22, Laws of Florida, some regulatory functions of the
Trustees were transferred to the Department of Environmental Regula-
tion, such as permitting of dredge and fill activities. In addition,
many of the administrative duties of managing the aquatic preserves,
such as the development of rules and regulations, were reassigned to
the Department of Natural Resources. Management of the Aquatic
Preserves will be further enhanced by the adoption and enforcement of
rules and regulations provided for by the Act. The DNR is developing
and promulgating specific rules for aquatic preserves for adoption by
the Board of Trustees, in addition to the guidelines in the Act. Also,
pursuant to the Aquatic Preserve Act, DNR is also responsible for the
development of a comprehensive plan for state lands, including aquatic
preserves.

FLORIDA'S STATE WILDERNESS SYSTEM

State Concern And Program Fulfillment Of That Concern

The State Wilderness System Act (also in Chapter 258, F.S.)
provides for the selection and management of state lands set aside as
State Wilderness Areas in order to protect and enhance their natural
qualities.

These areas are predominantly in a natural undisturbed condition,
and are in need of additional protection by the state. Some of these
areas are very fragile and are vulnerable to many of man's activities.
In addition, some areas are near developing urbanized regions and thus
are subject to secondary effects of neighboring development, such as
pollution, disruption of habitat# and over-intensive recreation. These
wild or natural areas possess certain features which are valuable
resources and thus desirable to preserve. Their ecological value as
important bird and fish habitats, breeding grounds, and natural

11-151

botanical areas, as well as their aesthetic and educational values were
.recognized by the state by enacting the State Wilderness System Act.

Designation and subsequent protection of these "Wilderness Areas'
reserves them for public enjoyment and low intensity utilization, and
also as a permanent reminder of the natural conditions which preceeded
man. Under this protection, they will be off limits to incompatible
human activities and shielded from undesirable side-effects of those
activities. There are five state wilderness areas in Florida's coastal
region (see Table 6).

selection Criteria

As with aquatic preserves, each wilderness area is one or more of
three principal types: 1) biological, 2) aesthetic and 3) scientific.
Each may contain desirable aspects of all three types. A 'biological"
type of wilderness area is one which is set aside to promote certain
forms of animal life in its supporting habitats; 'aesthetic' wilderness
areas protect certain scenic qualities; and "scientific' areas,
preserve certain features (which may or may not include biological or
aesthetic qualities) for scientific or educational purposes.

All wilderness areas must be large enough to at least include
those principal features which would justify their establishment.
There is no limit on the number of wilderness areas the state may
establish but each area must be justified by its intrinsic merit,
according to the provisions of the Act and rules established by the
Is Board of Trustees.
Certain priority guidelines must be met to ensure that the most
appropriate wilderness areas are selected first. In general, the order
of the selection and establishment of areas is governed by the relative
vulnerability of their features. Specifically, the Board of Trustees
is required to give high priority to areas which: 1) are in close
proximity to urban or rapidly developing areas; 2) are in imminent
danger from the effects of some other activity; 3) are intended
to protect rare or endangered species or unique features; or
4) constitute the last vestiges of an area's natural conditions.

Selection Process

The process of selecting wilderness areas is relatively simple
(see Figure 4). Nominations for wilderness areas are submitted to the
Department of Natural Resources, Division of Recreation and Parks, for
preliminary investigation. Normally, after completion of the initial
examination, the Division staff works with an interagency advisory
committee to conduct a more intensive study of the areas and to develop
general management criteria. The committee can also initiate proposals
on its own for new wilderness areas, and assists in formulating area
rules and regulations. Public hearings must be held on each proposal,
followed by final evaluation and recommendations to the Board of
Trustees. The Trustees, by resolution, then can establish the area as
.a wilderness area.

11-152

FIGURE 4

WILDERNESS AREA SELECTION PROCESS

Pwgiosal ~~Proposl Rawiew Of Prvposal By Public Hearinag Putlic hering
Initiated/ H Area Wilderness Arm Ofikcer Appoixted Advertised And
Receimd Identified Internaw y Adviary By Executive Ileld By D.Mj
By LR.P By DRI Comnmittee(LA.C) Dimctor Of DMR

I Areaaaawed I '1!�..,l I cnmd
.... .............. . . c~m................... .Y .................
:2 Amnaudp~cg.hM SW : EM&W gdiunen16
H~~~~ ~~~~~ Fie inpi-d Manspn'mt Pocramj
H. aeip And %xc~irt Ruka
..Et........ . ...
ulfraIC

Nfanagetnent Agency Board Of Trustees Wilderness Area EIRP Receives Public Hearing
A.,wuinea Respmnaibditae Apprawe fectMM Resolution Ptepaed (Jimeurrenca' Of Results Evaluaited
-%hject To Ifridic Thereby EhtaFbliaing 1r Bowid Or Sekced By I.A.G
Reriow By DRP H The Wisierea I I Management
Area Agency

.........-�---���-~.......V... . . .......... ...................... ...~........... ... ....
""Wu______m Rmiulian tnek: L Eivfwi Rsamneundatmn
I. Lhnfitc~ksun Of Ama. :Managnefl. Pnginrm And
Note: Aks r rsult of governmantal reorganization, I WRoanmuxd Manugement Ageny. F&ji L %Ikw
Lhis process has not been finalized yet. 3 Rammunded Msnipnwi Pmqiam. I Rcmvnnawns Maiftins
flowaver. the establishmenr of new wildernes s 4.RPcunrnnded Sk Raul eus, Ascy To1DRP
araas will qentrally follow this procedure.

.............................. .............................

On occasion however, a state agency which already has management
responsibilities over an area, may recommend that the Board of Trus-
Wtees, after public notice and hearing, directly establish a wilderness
area rather than to go through the Interagency Committee.
Proposed wilderness areas may be privately or governmentally
owned. Inclusion of lands owned by other governmental agencies is
subject to the agencies'I approval and acceptance by the Board of
Trustees.

In addition to outright purchase of privately owned lands, another
permissible method for acquiring wilderness areas is to lease them for
a minimum period of 50 years. The State Wilderness System Act
specifically authorizes the Board of Trustees to lease lands along with
any other lawful means to acquire title. However, the Trustee's
acquisition powers do not include the power of eminent domain.

Management Guidelines/Authorities

The Board of Trustees is required to adopt rules and regulations
to ensure that all wilderness areas are regulated under a uniform set
of general management criteria. These prohibit alteration of physical
conditions within any wilderness area except:

I. minimum development which is consistent with the public's con-
- venience and necessity and is in accordance with the Act itself;
and

. 2. Approved activities which are' designed to enhance the area's
quality or utility.

other general management criteria are:

1. That all human activity within the area may be subject to
additional rules and regulations that have been applied (in
accordance with the Act) to that specific area; and

2. That other uses or human activities which were not originally
contemplated under the guidelines, may be permitted if found to
be compatible by the Board of Trustees.

Within these guidelines, various public uses are permitted, as
long as they are compatible with those purposes for which the area was
established. Permitted uses include:

1. Hiking 6. Picnicking
2. Bathing 7. Sightseeing
3. Fishing S. Camping
4. Boating 9. Nature Study
5. Hunting 10. Research

in addition, wilderness areas may be designated and used for water
.storage areas or ground water recharge areas.

11-1544

AREAS OF CRITICAL STATE CONCERN

State Concern And Program Fullfillment Of That Concern

Florida's phenomenal growth has caused severe problems for some
areas of the state. The state's growth, coupled with its inadequate
developmental controls, resulted in many of Florida's valuable wetlands
becoming extensively and irretrievably altered. This situation led to
the contamination of some coastal aquifers by saltwater intrusion and
the loss of wetland areas which would normally reduce flooding and
store water for use during the dry seasons. This, in turn, led to
shortages of freshwater for some areas which required even more water
to support their rapid development. Compounding the problem, the water
situation became even more acute as a result of the South Florida
drought of 1970-1971.

Florida's concern for its water resources led to the passage of
the Environmental Land and Water Management Act of 1972 (Ch. 380,
F.S.). The purpose of the Act is to 'insure a water management system
that will reverse the deterioration of water quality and provide
optimum utilization of our limited water resources, facilitate orderly
and well-planned development and protect the health, welfare, safety
and quality of the life of the residents of this state."

To protect these resources, the Act provides the Division of Local
Resource Management (Florida Department of Veterans and Community
Affairs) with authority to recommend to the Administration Commission
(the Governor and the Cabinet) the designation of specific wareas of
critical state concern" (ACSC). The purpose of this action is to
strengthen the capability of local government planning to protect
resources of statewide and regional importance.

However, before an area is recommended to the Administration
Commission, the Governor, acting as chief planning officer of the
state, must appoint a resource planning and management committee --
consisting of designated representatives of local and regional, as well
as state, governments -- which is to make a report and recommendation
to the State Land Planning agency within six months.

There are three areas in the state designated as areas of
critical state concern: Big Cypress Swamp in Collier, Monroe, and
Dade Counties; the Florida Keys in Monroe County; and the Green Swamp
in the west-central part of the state (see Table 4).

Selection Criteria

Chapter 380 is quite-specific on the types of areas which may be
designated Areas of Critical State Concern. An area must:

1. Contain, or have a significant impact upon environmental or
natural resources of regional or statewide importance, including
but not limited to state or federal parks, forests, wildlife
refuges, wilderness areas, aquatic preserves, major rivers and I

11-155

estuaries, state environmentally endangered lands, Outstanding
Florida Waters, and aquifer recharge areas, the uncontrolled
private or public development of which would cause substantial
deterioration of such resources;

2. contain or have significant impact on historical or archaeological
resources, sites, or statutorily defined historic or archaeologi-
cal districts, the private or public development of which would
cause substantial deterioration or complete loss of such
resources, sites, or districts; or

3. Have a significant impact upon, or be significantly impacted
by, an existing or proposed major public facility or other
area of major public investment including, but not limited to,
highways, ports, airports, energy facilities, and water
management projects.

Selection Process

When the State Land Planning Agency recommends an Area of Critical
State Concern to the Administration Commission, it must identify lands
within the proposed area which should be purchased as environmentally
endangered or recreational lands (see Figure 5, Critical Area Process).
The agency also must include any report and recommendations from the
resource planning and management committee, and must cite the danger to
the area from inadequate development controls which is prompting the
recommendation, as well as the advantages to be gained from the
O designation.

The agency recommendations also must include:

- Detailed boundary descriptions for the area,
- Specific principals for guiding development in the area, and
- An inventory of the lands owned by state, federal, county and
municipal governments within the area.

Within 45 days of the submission, the Administration Commission
must either reject the recommendation for the Area of Critical State
Concern, or must accept it with or without modification. Adoption is
by rule in accordance with the State's Administrative Procedures Act.
The Commission rule is then submitted to the Legislature which may take
no action (approve)# reject, or modify the rule. Submissions to the
Legislature may be no later than 30 days prior to the next session
after the Administration Commission acts. No more than 5 percent of
the area of the state may be designated an Area of Critical State
Concern. The principles for guiding development which are included in
the Commission's recommendation to the legislature, take effect
following legislative approval and remain in effect until specific land
development regulations have been adopted.

Management Process

within 180 days after the Administration commission rule desig-
nating an area becomes effective, local governments must submit their

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FIGURE 5
CRITICAL AREA PROCESS i

1. Selection of Study Area

2. Detailed Analysis of Specific Area

* delineate study area boundary

* identification and description of resources and facilities of
regional and statewide importance (Section 380.05(2), F.S.)
* identify existing and future problems which may endanger those
resources and facilities (state and regional concerns)
� determine what measures are necessary to resolve problems and
protect the resources and facilities
* evaluate the effectiveness of existing authorities and programs
(federal, state, and local) in resolving the problems and
protecting the resources:

(DECISION POINT)
Local programs effective,
-federal and state programs
I I ~~~~~may or may not be effective
ILocal programs are not effective,I
federal and state may or may not
be effective.
2(a) Limited work effort to
resolve problems in
federal and state pro-
grams. Final report to
Governor and Adminis-
tration Commission with
recommendations, then
drop study area.

3. Recommend and Establish RP&MC (Section 380.045, F.S.)

- identify overall objectives and steps that need to be taken
to resolve the existing, and prevent future problems which
endanger those resources in Section 380.05(2), F.S.
- clearly specify the steps that should be taken by the local
governments (CA designation measure)
- establish adefinite time frame for the effort

II-15 7

(DECISION POINT)
Determine whether local governments have
met their necessary objectives

a) Objectives met b) Objective partially
met objectives
No designation. met
Any unresolved Possible designation
federal and state or continue RP&MC to Designation
program problems to another specified
handled as in date
2(a). RP&MC
phased out.

4. Designation Procedure

A preliminary report and recommendations is prepared which will
include:

- A detailed description of the resources and facilities of
regional and statewide importance as identified in Section
380.05(2)(a), F.S. with a detailed statement of how the area
meets the criteria for designation (Section 380.05(1)(c),
F.S.).

- The dangers that would result from uncontrolled or inadequate
development of the area (Section 380.05(1)(a), F.S.).

- The advantages that would be achieved from the development of
the area in a coordinated manner (Section 380.05(1)(a), F.S.).

- A detailed boundary description (legal and narrative) of the
proposed area (Section 380.05(1)(a) and (1)(c), F.S.).

- Any report or recommendation of the RP&MC (Section 380.05(1)
(a), F.S.).

- Specific principles for guiding development within the area
(Section 380.05(1)(a) and (1)(c), F.S.).

- An inventory of lands owned by the state, federal, county and
municipal governments within the proposed area (Section 380.05

- Recommendations for the purchase of lands within the proposed
area as environmentally endangered or outdoor recreation lands
under the Land Conservation Act of 1972 (Section 380.05(1)(a)
and section 259.04, F.S.).

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I Departmental Review j

I
Public, Local Government and Interagency Review
- State Clearinghouse review
- Public meetings within or near the area proposed to be
designated
- Meeting with local elected officials

I
Prepare Final Report and Recommendations
- Analysis of interagency, local government and public
comments
- Revise preliminary report and recommendations

[Review by Department

I
Review by Governor
I~~~~~~~
I - . 1
Final Report and Recommendation submitted
to Administration Commission
(Section 380.05(1)(a), F.S.)

(within 45 days)

Recommendation adopted by rule Recommendation Rejected
with or without modification (Section 380.05(1)(b)
(Section 380.05(1)(b))

Designation rule submitted
to Senate President and
House Speaker (Section
380.05(l)(b) and (1)(c))
1*
Legislature may reject,
modify or take no action
relative to the adopted rule
(Section 380.05(1)(b)
and (1)(c))

II-159

i
Follow through on any
J Legislative action

Local governments have 180
days to prepare and submit
existing, new or modified
regulations to DCA (taking
principles into consideration)
(Section 380.05(5))
DCA provides technical
assistance (Section 380.05(7))

(Within 60 days)

DCA approves regulations
by rule (Section 380.05(6))

Regulations not transmitted
or disapproved by DCA
(Section 380.05(6))

(Within 120 days)

DCA prepares and submits land
development regulations to
Administration Commission
(Section 380.05(8))

(Within 45 days)

IL
Recommendation Rejected Recommendation adopted by
rule with or without
modification (Section
380.05(8)). However, no
rule can be adopted prior
to Legislative review and
the rule must be adopted
within 12 months after the
designation (Section
380.05(9))

Local government administration
~I of regulations

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existing, or newly adopted, land development regulations to the F-ate
Land Planning Agency. If the Agency finds that the regulations aiply
with the principles for guiding development, it must approve the -.ocal
regulations. if the regulations do not comply, or if local government
do not submit regulations, the State Land Planning Agency must propose
state regulations to the Administration Commission, which has 45 days
to act. State regulations cannot become effective until after
legislative approval of the Area of Critical State Concern. After the
become effective, state regulations are administered by the local
government as if they were the government's own. The State Land
Planning Agency may go to court to enforce land development regulation
which are not being implemented adequately by local governments.

if regulations are not developed -- by the local government or by
the state -- within 12 months of the designation, the designation
terminates. No redesignation may take place for 12 months. No earlie
than 12 months and no later than three years after the land developmen
regulations take effect, the designation of an area must be repealed t
the Commission. However, the regulations must have been in effect for
at least 12 months and the local government must have adopted a local
government comprehensive plan which conforms to the regulations. The
State Land Planning Agency may redesignate an area after repeal if it
determines that local administration of land development regulations i
inadequate to protect the area. Redesignation is effective for 45
days, after which the Administration Commission must reapprove the
area, again subject to legislative review.

CONSERVATION AND RECREATION LANDS: ENVIRONMENTALLY ENDANGERED LANDS

State Concern and Program Fulfillment of That Concern

As the direct result of the state's concern for preserving
valuable and irreplaceable natural resources, the Land Conservation
Act of 1972 (Chapter 259, F.S.) was enacted. It authorized the state
to issue, upon approval of the voters, $200 million of state bonds for
purchase of environmentally endangered lands.

The concern which led to the passage of this act stemmed largely
from the recent realization that Florida's extraordinary natural
systems were being rapidly degraded or destroyed. Man's insufficient
regard for the value of the state's natural systems was a basic cause
for this problem. The state's rapid population growth, coupled with
inadequate governmental controls, further contributed to Florida's
environmental degradation.

in response to these problems, the Environmentally Endangered
Lands (EEL) Program was instituted. The program is designed to
complement existing regulatory programs and contribute to the overall
effectiveness of the state's environmental protection efforts. Bence,
the acquisition of valuable lands was veiwed as an effective method foi
meeting the state's concern for protecting Florida's environmental
resources.

11- 161

Additional sources of funding, as well as further emphasis on
areas of special management, were provided in 1979 when the state
* legislature established the Conservation and Recreation Lands Trust
Fund (Section 253.023, F.S.) administered within the Department of
Natural Resources. Through this trust fund, money may be allocated in
any one year to acquire lands in each of the following categories and
proportions:

1. Up to seventy percent of these trust funds for purchase of lands
qualified as environmentally endangered lands as defined in the
Land Conservation Act of 1972 (Chapter 259, F.S.), or

2. Up to sevet percent of these trust funds for purchase of lands,
other Ean EEL purchases, that the Governor and Cabinet (sitting
as the Board of Trustees of the Internal Trust Fund) determines
should be acquired in the public interest.

3. In addition, up to ten percent of these trust funds may be set
aside for management and up to five percent set aside for natural
area inventory requirements.

Between 1974 and 1979, 22 Environmentally Endangered Lands
projects were purchased at a cost of slightly over $173 million. As
of June, 1979, 10 out of 22 projects were essentially complete with
the remaining 12 authorized for completion through fiscal year 1981.
Thirty additional projects were selected for study by the Interagency
Selection Committee last July. Table 5 gives the current status of the
respective trust funds described in this section.

0 ~~~~~~~~~TABLE 5

STATUS OF THE ENVIRONMENTALLY ENDANGERED AND CONSERVATION
AND RECREATION LANDS TRUST FUNDS - DECEMBER 16, 1980

DEPARTMENT OF NATURAL RESOURCES
Division of State Lands

Remaining EEL Funds $ 24,342,616

Conservation and Recreation $ 6,089,655
Funds (present)

TOTAL FUNDS $ 28,932,271

Selection Criteria

In support of the legislative intent expressed in the Land
Conservation Act of 1972 (Chapter 259, ?.S.) and more specifically,
the amended State Lands Act in 1979, (Section 253.023 (1), F.S.) the
DNR promulgated a rule (adopted by the Governor and Cabinet - March,

11-162

1980) that clearly sets criteria and procedures for the 0... selectior
acquisition and management of public lands from monies deposited in
the Conservation and Recreation Lands Trust Fund, and from monies
remaining in the Environmentally Endangered Lands Trust Fund ... nsuch
that authorized funding shall be used for the purpose of conserving at
protecting environmentally unique and irreplaceable lands. These
include, without limitation, the numerous types and categories of Ian(
defined by evaluation criteria established by rule as required by
Section 259.035.

in the rule, criteria are listed in order from Step I through
Step 7. Evaluation of each proposed acquisition project is to begin
with the first step by the selection committee, proceed in an orderly
manner through each step, until all steps are satisfied. Evaluation c
a proposed acquisition project is to cease when any of the steps, I
through 6, are not satisfied. These steps are summarized as follows:

Step I - Public purpose and conformance to management plans in
accordance with Section 259.04(1) and 253.03 (7), F.S., i.e.
acquisition projects are to be acquired to meet one or more
stated public purpose for:

1. Environmentally Endangered Lands, such as:

a. Those areas of ecological significances the
development of which by private or public units,
would cause the deterioration of submerged lands,
inland or coastal waters, marshes, or wilderness
areas essential to the environmental integrity of
the area or of adjacent areas;

b. Those areas which, in the judgement of the Game an
Fresh Water Fish Commission, Department of Natural
Resources, or Department of Environmental
Regulation, would require a remedial public works
project to limit or correct environmental damage i
developed; or

c. Any beaches or beach within the state which have
been eroded or destroyed by natural forces or whic
are threatened or potentially threatened, by
erosion or destruction by natural forces.

2. Use as outdoor recreation lands.

3. Lands acquired in the public interest, such as:

as For use and protection as natural floodplain,
marsh, or estuary, if the protection and conser-
vation of such lands is necessary to enhance or
protect water quality or quantity or to protect
fish or wildlife habitat which cannot otherwise be
accomplished through local and state regulatory
programs;

11-163

b. For use as state parks, recreation areas, public
beaches, state forests, wilderness areas, or
wildlife management areas;

co For restoration of altered ecosystems to correct
environmental damage that has already occurred; or

d. For preservation of significant archaeological or
historical sites.

Projects that are proposed for purchase as EEL acquisitions
must be in conformance with the comprehensive plan to con-
serve and protect environmentally endangered lands in the
state. All proposed projects must conform to the state land
management plan for acquisition, management and disposition
of all state-owned lands to ensure maximum benefit and use,
when the plan is developed.

Step 2 - Ecological, recreational, archaeological, or historic
value.,

1. Projects are to be evaluated for their ecological value
as natural resources, including consideration of species
of fish and wildlife, habitat, geological features,
water quality and quantity, contribution to quality of
adjacent areas, and other considerations.

2. Projects are to be evaluated for their recreational
value, including consideration as parks, sites for both
primitive camping and recreational vehicular camping,
sites for hiking, canoeing, fishing, hunting, and other
recreational activities.

3. Projects are to be evaluated for their archaeological
and historical value including value to the educational
and scientific community of the State and to the
public as a whole and potential for restoration or
maintenance to insure availability for the public use
and enjoyment.

4. Projects are to be evaluated to ensure that there is no
available existing suitable state-owned lands.

Step 3 -Ownership Pattern:

1. Projects are to be evaluated for functional useability
by the public, including appropriate access, proximity
to potential users, sufficient areal extent for stated
public purpose, and other appropriate considerations.

2. Projects are to be evaluated for manageability in
accordance with stated public purpose, including the
degree of protection afforded natural or cultural
resources, proximity to other parcels of state-owned

11-164

land, potential for development of public facilities,
capability for restoration and maintenance, and otherW
appropriate considerations.

3. Projects are to be evaluated to ascertain if any portic
of the project may already be in public ownership,
including local, state or federal ownership.

4. Projects are to be evaluated in relationship to the tyl
of land, the stated public purpose and the quantity of
that type already available to the public.

Step 4 -Vulnerability and Endangerment:

1. Projects are to be evaluated for vulnerability,
that is, susceptibility to degradation caused by
man's activities, directly or indirectly, including
encroaching residential or commercial activity, land
alteration activities, land-use changes and other
considerations that may create an adverse impact
on the proposed project.

2. Projects are to be evaluated for endangerment, that is,
the potential for actual destruction or degradation by
man's activities of the resources which form the basis
of the stated public purpose, including development
plans for the parcel, loss of the resource unless*
adequately protected or maintained, and other consider- W
ations that may result in an irreplaceable loss to the
state.

Step 5 -Location:

1. Projects are to be evaluated for their location within
the State to achieve a balance of available resources
for the public including consideration of historical or
archaeological significance, environmental significance
or recreational significance, and consideration of
unique qualities of different areas of the State.

2. Projects are to be evaluated for their local, regional
or state-wide significance to the public, including
consideration of recreational needs, water quality or
quantity needs, environmental needs, and other appro-
priate considerations.

3. Projects are to be evaluated for their proximity to
urban areas to provide a reasonable balance of avail-
able resources for the benefit and welfare of the
public.

step 6 - Cost:

Projects are to be evaluated for their availability for
purchase in accordance with the stated public purpose and
evaluated in view of the availability of other local, state
or federal funding to accomplish the stated public purpose.

in addition, projects are to be evaluated in terms of unit
cost in relationship to the regional cost of land and the
need of the region for the resources, as well as in terms of
their cost for development, restoration, maintenance or
management.

Step 7 - Additional Criteria:

The Committee can use additional criteria as appropriate to
achieve the legislative intent to insure the availability of
public lands for recreation for the people residing in urban
and metropolitan areas of the State, more particularly those
areas exhibiting the greatest concentration of population, as
well as those people residing in less populated, rural areas
and to achieve the conservation and protection of valuable
archaeological and historical sites and environmentally
unique and irreplaceable lands as valued ecological
resources.

Criteria in this step are optional and additional to the
essential criteria in Steps I through 6. Identification of
this additional criteria is not to be used as a reason to
cease further consideration of a proposed acquisition
project.

Selection Process

The parties determining which conservation and recreation lands,
including EEL purchases, should be acquired include not only the
Governor and Cabinet, but also the selection committee established in
Section 259.035. However, the Land Conservation Act explicitly
restricts the powers and duty to acquire EEL lands to the Governor and
Cabinet. It states that the Governor and Cabinet (as the Executive
Board of the Department of Natural Resources) may: "enter into
contracts with the government of the United States or any agency or
instrumentality thereof; the state or any county, municipality,
district authority, or political subdivision; or any private
corporation, partnership association, or persons providing for or
relating to the conservation or protection of certain lands' in
accomplishing the purposes of the Act. Furthermore, the law states
that the Executive Board is authorized to acquire lands, water areas,
and related resources and can enter into contracts for purchase and
may purchase the fee or any lesser interest sufficient to protect any
environmentally endangered lands.

11-166

The selection criteria for determining the most appropriate areas
for acquisition has been outlined in the previous section. Figure 6
describes the 15-step review and selection process, including DNR's 0
internal review process as an example of participating agency review
requirements. An exception to this process is the Big Cypress Area,
which was specifically authorized for acquisition by the Big Cypress
Conservation Act of 1973. This act authorized $40 million of EEL fund:
for the acquisition of land and water areas within the proposed Federa.
Big Cypress National Preserve. In addition, it provided that the area:
acquired or now owned by the state within the proposed preserve would
be conveyed to the U.S. Government upon its making an acquisition
expenditure of equal amount.

Management Guidelines/Authorities

Management criteria for conservation and recreation lands stem
from management concepts proposed by rule and approved by the Governor
and the Cabinet. Upon approval of an area for acquisition, specific
management concepts tailored for the area are concurrently approved
and a management agency or agencies are designated. Following
purchase completion by DNR,, management authority is transferred
to the designated management agency or agencies, although Title
to such property remains with the Board of Trustees of the Internal
Improvement Trust Fund (DNR).

Upon designation of a management entity, or entities, the Divisior
of State Lands of the DNR is authorized to oversee the implementation
of the specific management plan developed by the designated agency or
agencies. This management plan must also be consistent with the
management concept included within the individual project summary of
the Annual Report as approved by the Governor and Cabinet in their
acceptance of the Annual Report by January I of each year.

On December 16, 1980, the Governor and Cabinet, sitting as the
Board of Trustees of the Internal Improvement Trust Fund, approved the
Annual Report of the CARL Selection Committee. The report included a
recommended priority listing of 27 projects for potential 'CARL/EEL
acquisition. These 27 projects represent the end product of an
intensive nine month process which began with over 120 project
applications, from which 43 were selected for final review and
evaluation, which included: extensive field inspections, public
hearings, assessment and evaluation reports, and the final Selection
Committee vote. (A listing of the 27 projects appears in Table 4
under the CARL/EEL heading.)

with their acceptance of this list, the Governor and Cabinet also
passed a motion whi~ch instructed the Selection Committee to consider
the following:

1. develop more precise criteria for defining EEL and other lands in
the public interest;

II-1670

FIGURE 6
PROPOSED SELECTION PROCESS
ENVIRONMENTALLY ENDANGERED LANDS

Incoming proposals

Proposals are assigned evaluation section control no .133

Dat IFYj oNfproqpoal for thatcday
Two index cards are made with name, number and other relevant info. (i.e. acreage, etc.).
One card is filed chronologically, One card is filed alphabetically within county groups.

_____________________________________ __________________Copies of proposals are
DNR INTERNAL REVIEW sent to committee members
i example agency review)

R~tejeced fH* . f Initial dadc review by section personne

*The actual date Mlet are filed In IEach comt eemeber review
the order in which they come In. proposl diet tf netgtion~s,
Rljwftd More promising prposals will be field i n Iand decides for or eaainst sponsorship

f !I* ~~~ownerihip research eampletadi, forms completed by staff.

Di se r ~~R-commewdadto Exac.Director DNR for spoarorhilp

Projet. sponsored by the Exec. Director of DNR Proposals sponsored by other
comnpared with thorn sponsored by other members. Committee members

Selection Committee meeting, Rejected, or deferred file
projects Sponsored

Sponsored proposals evaluated

Comm. draws up
Preliminary Priority list

Public meetings statwd

Report an public meeting,
Comm. finalizes list

List with report goes to TI ITF

Board Meoin p L~ Board approves, modIf ies,
by ion, 1 of aeah year or rejects Istn

All approprIate fIlHe materIalls on proposals ok'edl by the Board are transferred to the Acqu isition uection

2. apply the new definitions to the interim revised list to be
submitted by July 1, 1981;

3. with this interim list, accompany each proposal with a brief
management plan concept, reflecting the definitions of EEL and
other lands;

4. that the management concept and the list should include provision
for parcels which may contain both EEL and "other" lands and whic
may, as a whole, qualify as EEL and other; and

5. that the interim revised list should take into account the need
not to exceed the 70 percent purchase requirement in either
category.

In addition to accepting the recommended priority acquisition
list of the Selection Committee, the Governor and Cabinet also
instructed DNR to begin acquisition procedures for the first four
projects on the list: 1) Rookery Bay, 2) Lower Apalachicola River
Additions, 3) Charlotte Harbor, and 4) Cayo Costa/North Captiva
Islands. These four proposals alone represent nearly 19,000 acres of
coastal marsh, estuary, floodplain, barrier islands, mangrove and
associated habitats with an estimated value of approximately $21
million.

AREAS FOR PRESERVATION AND RESTORATION

Under the Coastal Management Program (CMP), areas subject to
restoration are considered to be Areas for Preservation and Restoratioi
(APR's) and are placed as a special category of Areas of Special
Management (ASM's). In addition to existing sites, nominations for ne,
sites occur through a variety of existing processes. State programs
for preservation and restoration have criteria and procedures for
selecting sites. In general, identification of areas for preservation
or restoration depends heavily upon comment, advice, and analysis by
the resource specialists associated with each state program.

Programs identified as major ASM's, such as aquatic preserves and
environmentally endangered lands, are examples of programs providing
for the preservation of coastal resources.

The state will rely on existing state restoration programs to
implement the CMP provisions for restoration. Programs which identify
specific areas for restoration include:

- Beach nourishment projects authorized by the Beach and Shore
Preservation Act of 1970 (Chapter 161, F.S.). These include
beaches which have suffered severe erosion.

- Water areas identified for restoration by the Pollution
Recovery Fund (Chapter 403, F.S.) administered by DER. This
fund provides monies to restore areas adversely affected by
pollution incidents.

II-169

- Areas identified for restoration under the Water Resources
Restoration and Preservation Act, (s. 403, F.S.) administered by
DER. Criteria for identifying these areas are provided in Chapter
17-1, F.A.C., and include consideration of degradation, public
use, and ecological value. Feasibility studies have identified
several potential sites: North Biscayne Bay in Dade County; Bayou
Chico and Bayou Texar in Escambia County; and Big Hickory Pass in
Lee County.

- Areas identified for restoration through the provisions of the
Florida Archives and History Act (Chapter 267, F.S.) and the
Historic Preservation Trust Fund (Chapter 267.0617, F.S.)
administered by the Division of Archives, History and Records
Management, Florida Department of State. The Act encourages the
acquisition, preservation, restoration and operation of historic
sites, and establishes a process for acquisition.

As indicated, areas can be designated for restoration for
different purposes. The objectives and the management techniques will
vary, reflecting the different purposes of each program. A beach area
designated as an area for restoration under the Beach and Shore
Preservation Act would be designated to renourish or revegetate the
beach or beach areas, and to restore sandy areas lost by erosion.
Waters identified under the Water Restoration and Preservation Trust
Fund would be designated and managed to restore water quality, living
resources, or recreational opportunities. There are specific proce-
dures for each individual site and set of conditions.

* ~~It clearly is not the intention of these restoration programs
to restore developed areas - for example, homesites or buildings on
filled wetlands or former bay bottoms - to natural conditions. The
restoration efforts will be concerned with restoring undeveloped,
damaged or lost resources to a more natural condition, compatible with
existing uses and resource suitability.

in addition to the normal expenditure of funds, under the concept
of areas of special management, areas designated for restoration
purposes would, when no other sources of funding are readily
available, be funded for acitivities related to: (1) personnef costs,
(2) supplies and overhead, (3) necessary equipment, (4) feasibility
studies and preliminary engineering reports, and (5) projects involving
expendable materials such as seeds to be used as a non-structural
erosion control technique.

PROGRAM EMPHASIS FOR AREAS OF SPECIAL MANAGEMENT

These programs, although established in different ways and
administered as areas of special management by one or more government
agencies, all complement management provisions of the FCMP. As is the
case with most of Florida's management authorities, the ASH authorities
existed prior to passage of the Federal CZMA in 1972 and the promulga-
tion of federal rules and regulations.

IT-170

Because of the complexity of the state programs which are involve
in providing for areas of special management, the fact that money and i
staffing for implementing ASM programs is low, arnd the fact that thereW
are limits on how much money is available through the coastal manage-
ment program, initial emphasis will be on the Aquatic Preserve Systems
The coastal management program, through a contractual agreement with
the Department of Natural Resources (DNR) will provide funds to assist
DNR in the development of rules and plans for the management of
designated Aquatic Preserves (see "Estuaries", issue of Special Focus)

11-171

D. ISSUES OF SPECIAL FOCUS

Other sections of this document describe the structure of the
Wcoastal program and the existing laws and programs under which it is
implemented. The purpose of this section is to describe the primary
issues which the state intends to address through its coastal manage-
ment program, and to outline recommendations for addressing the issues.
The adoption of this program and the recommendations contained in this
section do not implement any new regulatory criteria or rules as such
changes -would have to be adopted pursuant to Florida law. Yet, this
section is action oriented; it brings the various elements of the
document together and welds the program into an effective tool for
solving problems.

Ten issues are identified within three broad areas - resource
protection, coastal development and coastal storms. Specific issues
within these areas include coral reefs, estuaries, barrier islands,
ports, dredged material disposal, marina siting, water related energy
facilities, fisheries, recreation, and coastal hazards.

These issues are intended to provide a focus for the future
direction of the program. As such, the issues do not provide detailed
information on each subject and are subject to revision. Public
comments will continue to be encouraged on both the selection and
content of the issues during implementation of the coastal program.

. RESOURCE PROTECTION ISSUES

CORAL REEFS

Background

Southwest of the Florida peninsula, where the Florida Keys begin
their extension into the Gulf of Mexico and are running south-south-
west from Miami to the Dry Tortugas, lies one of nature's oldest and
most artfully crafted underwater gardens: the Florida Reef Tract.
This coral ecosystem, the most extensive living coral reef system in
the continental United States, is concentrated three to five miles
offshore of the Keys. These coral reefs occur either as linear ridges
along the western boundary of the Florida Current (Gulf Stream), as
outer bank reefs, or as "patch" reefs (6,000+) in the inner lagoon
seaward from land between Hawk Channel and the outer bank reefs (See
Figures 7 and 8).

Aerial photomosaics of the Florida Reef Tract reveal that coral
reefs (both outer bank reefs and patch reefs) are concentrated in two
areas, the northern tract area (Miami - Key Largo), and the southern
tract area (Big Pine Key - Dry Tortugas). Coral growth in the middle
Keys is relatively impoverished, although some outer bank reefs do
occur. The location of federal and state marine preserves reflects
this distribution. The Biscayne National park, John Pennecamp Coral
Reef State Park and the Key Largo Coral Reef Marine Sanctuary are in

II-172

FIGURE 7

*MAMI' /K

I 1,~~~~~1

- ' N. I-~N
N-'~~~~~~~~~~~~

10
0~~~~~~~~~UE BAX EF bwwmw==
KILOMTER
LU~ ~~~~~~~~~~~~AC REEFS
Z~~~~~~~~~~~~~~-HLO BANKS%>
1*~ ~~~~, . . Ent ETXOTU 0MTR
,SOURCEWF Roeste Scoo of/rn n topei cecUiest
of Miami~~~~~~~~~~~~~~~~~,'. Lal,197
11-173~- -

f ~~~~~~~~FIGURE 8

* ~ ~~~~~~ I)

* : P

(I I-iib

I ~~- *'

* ~ ~ ~� I, - b "

r b. A
17 'I..~~~
I~~~ * I

o ~~~~~~~~~I U, .1"

o~~~~~~~~~~~ 4

SdB~ E

o 1.

U-~~~~~~~~~~~~~~~~~~~~~~~~--

d~~~~~4 S:i -I.
i ~ ~ ~ ~ ~ ui~~ti i ,I~~*

*~~~~~~~~ St

(3) UARQUESAS KE SS KM

SOURCE: �� osenstie1 School of M~arine and Atmo~s~her-ib Science, Uni~er5it~y
�~of Miami, May,. 1977.

11-174

the northern tract, while the Looe Key National Marine Sanctuary
and the Fort Jefferson National Monument at Dry Tortugas are in the
southern tract.

These coral reefs are actually the skeletal deposit produced by
billions of tiny coral polyps, invertebrate life forms that evolved
during the Pleistocene period, thousands of years ago. The colonizing
polyps have fashioned their skeletons into exquisite floral patterns,
interspersed with giant boulders, jagged pillars, and spires, creating
a magnificent submerged sculpture garden.

But the corals are not only beautiful, they are functional, as
well. Coral reefs are vital building blocks in the marine ecosystem
and prime benefactors to man. The coral reefs help cement the foun-
dation of the Florida Keys and adjacent smaller islands and form a
critical breakwater that diffuses the energy of storm-driven waves and
mute the impact of hurricanes on the island chain and the mainland.

The coral reef is also a prime source of sand for Florida's
glistening beaches. Scientists estimate that fish nibbling on corals
and calcareous algae produce more than 2.5 tons of sand per acre
annually. The intricate sculpture of the coral reef also provides a
lush habitat for vast numbers of marine life. No fewer than 516
different species of fishes populate the reef, many of them of
commercial or recreational value.

Tourism is crucial to the economy of the Keys, and the coral
reefs are a main attraction for thousands of vacationers - more
than 400,000 a year - who come for the abundant sport fishing or
spectacular snorkeling and scuba diving in the colorful and diverse
marine ecosystem.

Problems and Issues

Coral reefs are a phenomenon of the tropics. The Florida reef
tract is at the northernmost limit for reefs. As a result, the
Florida reef ecosystem is constantly under severe natural stresses
(e.g. influx of cold water) and the extent of its ability to survive
additional external stresses is an unknown and critical factor. The
heavy commercial and recreational use of the reefs, their proximity to
the dense population centers of South Florida, and man's shoreline
activities, make the coral reefs highly vulnerable.

Recent awareness of man's possible adverse influence on the well-
being of this fragile reef community has awakened public scientific
concern. During three Coral Reef Workshops, one sponsored by Harbor
Branch Foundation in February? 1974, and two at the Rosenstiel School
of Marine and Atmospheric Science in October, 1974 and May, 1975,
problems and issues were identified which illustrate the jurisdictional
and scientific complexities involved in any attempt to regulate and
manage the coral reefs. Some of these are:

11-175

1. Environmental Concerns
a. Dredge and Fill Activities - Siltation from dredge and fill
projects can inhibit coral community growth. An increase of
turbidity reduces the amount of light available for photo-
synthesis of symbiotic zooxanthella algae associated with
reef building corals. Excess sediment in the water can
smother the coral polyps and communities and reduce the
dissolved oxygen concentration if organic materials are
present. Unless moderate to strong water currents con-
tinually flush sediments from the coral surface, siltation
and increased turbidity can seriously affect the growth rate
of the reef community.

b. Channelization - The channelization of land areas, in
addition to increased sedimentation, increases stresses on
the coral reef community by altering current patterns and
causing changes in water quality. It is believed that the
luxuriant reef communities that occur along the Florida Reef
Tract exist because these reefs are adjacent to land masses
which are barriers to the movement of Florida Bay waters out
over the reef area. The variable temperature, salinity, and
turbidity of the shallow bay water lies outside the optimum
requirements for coral reef survival and growth. Channel-
ization through the Florida Keys permits bay water to mix
with the more stable ocean waters, and may alter the chemical
and physical characteristics of the ocean water and the
* ~~~existing current patterns through natural tidal passes.

Co Land Development - Bulkheading and land filling during
shoreline development increases turbidity in adjacent waters
and removes the mangroves. Mangroves act as a biological
filter of runoff and contribute to the nutrient enrichment of
surrounding waters.

d. Water Pollution - Discharges that can lead to reef resource
damage include sewage disposal, agricultural and industrial
waste runoff, and oil pollution. In 1975, the greater Miami
area pumped 84 million gallons of sewage a day into marine
waters.

Although the effects of inshore currents, counter-currents,
and tides in the area are not fully understood, ecologists
believe that much of this polluted water moves southward to
the Keys. The problem is compounded by the existence of
three outfalls in the Key Largo area. The ocean outfall at
Plantation Key., just south of Key Largo, discharges 700,000
gallons of secondary treated sewage a day. Two outfalls dump
sewage into the water of Largo Sound, Key Largo. In addition
to killing live coral, sewage can affect reproduction rates,
inhibit the ability of coral larvae to settle, decrease
dissolved oxygen content, and increase turbidity.

11-176

Agricultural and industrial growth in South Florida has
caused introduction of insecticides, herbicides, and other
industrial chemicals into nearby bodies of water, especially
during periods of heavy rain and excessive runoff. Aerial
spraying for mosquitoes occurs throughout the Keys. Evidence
of oil pollution from vessel traffic adjacent to reef areas
increases yearly and may have impact on the coral reef
ecosystems.

e. Diving - Corals are delicate structures and are vulnerable
to abuse from divers. If a coral reef is under significant
natural or human-induced stress, even small scrapes from
divers rubbing or standing on corals will cause terminal
infection of the coral by blue-green algae. In many cases,
delicate coral branches are broken by fin kicks, by divers
standing on corals, and by divers grabbing coral for support
Octocorals frequently are ripped from their foundations.

Although it is illegal, the collecting of Florida Reef Tract
resources still occurs, mostly coral and mollusk shells taker
as souvenirs. Cultural resources are not exempt, and many
artifacts disappear from reef tract waters.

f. Fishing - The unfortunate effects of indiscriminate spear-
fishing throughout the reef tract includes the killing of
tropical species, including angelfish and butterfly fish,
and the disappearance of larger game fish from the area.
Although the Key Largo Coral Reef Marine Sanctuary regula-
tions prohibit spearfishing inside the Sanctuary boundary,
it still occurs in that jurisdiction.

There are less obvious threats that detract from the
aesthetic quality of coral reef waters. Beverage containers,
"flip-tops,' fishing hooks, stainless steel lead wire, and
monofilament fishing line litter the ocean bottom. Abandone(
or lost fish traps, lines and buoys can damage delicate
corals.

g. Anchoring and Boat Groundings - Divers and fishermen damage
the coral reef by repeated anchorings and boat groundings.
Many inexperienced boat operators anchor on top of thriving
coral areas unaware of the damage they cause. Because of
shifting winds and tides, anchors may pull and coral branches
are broken. Entire colonies may be uprooted as the boat
changes position. Chafing of coral heads by anchor chains
and ropes also is common.

A less frequent threat, but no less damaging, is boat
groundings. A large area of coral and associated fauna can
be gouged out by a single boat hull. More common is damage
from propellers, which slice through shallow head corals,
leaving the animals vulnerable to disease.

II-177

h. oil tanker traffic along the coast of Florida and potential
0 ~~~oil production in the Eastern Gulf of Mexico increase the
hazard of adverse impacts of oil on the reef system.

2. Management Concerns

a. Enforcement and Surveillance - Currently, there are five
geographic segments of the Florida Reef Tract in which state
or federal authorities attempt to provide some measure of
protection to the coral reef ecosystem. These reef areas are
as follows (see Figure 9):

(1) John Pennekamp Coral Reef State Park

The park is located in state waters off Key Largo,
Florida. Management and enforcement is provided for by
the Division of Recreation and Parks and the Division of
Marine Law Enforcement of the Florida Department of
Natural Resources.

(2) Key Largo Coral Reef Marine Sanctuary

The marine sanctuary is adjacent to and seaward
of John Pennekamp Coral Reef State Park, and is the
responsibility of the U.S. Department of Commerce, NOAA
Off ice of Coastal Zone Management, with day-to-day
management at the site delegated to the Florida
Department of Natural Resources, Division of Recreation
and Parks. Enforcement of Sanctuary regulations as
well as surveillance of the reef areas is shared by the
Florida Department of Natural Resources, Division of Law
Enforcement and the U.S. Coast Guard.

(3) Biscayne National Park

These reef areas are under the jurisdiction of the
U.S. Department of Interior, National Park Service. The
Biscayne National Part, located 25 miles south of Miami
with headquarters at Homestead Bayfront Park, includes
the waters of south Biscayne Bay, the northern extent of
the Florida Keys (including Sands Key, Elliott Key, and
Old Rhodes Key) and Atlantic waters offshore out to the
outer bank reefs.

(4) Looe Key National Marine Sanctuary

The marine sanctuary consists of an area 5.05
square nautical miles of high sea waters off the coast
of the lower Florida Keys, 6.7 nautical miles southwest
of Big Pine Key. The area includes the waters over-
laying a section of the submerged Florida Reef Tract at

FIGURE 9

CORAL REEF MANAGEMENT AREAS

FLORIDA
aro8ward County -

~~~~~~~~~~~~~KYLaR County

W~~~~~~~~4 icaynei)

~~~~~~~~~~~~~~~~~~~~vtioalMoumn

Gulf o Park11-nda9

Looe Key. Responsibility for management of the
sanctuary is with the U.S. Department of Commerce,
W - ~~~NOAA Office of Coastal Zone Management.

(5) Fort Jefferson National Monument is located at Dry
Tortugas, the southern end of the Florida Keys, 68 miles
west of Key West, Florida.

While these segments of the Florida Reef Tract are repre-
sentative of the more luxurient concentration of coral
reefs (both patch and outer bank reefs), the remaining coral
reef segments are no less important from a biological and
aesthetic perspective.

It is evident from the problems and issues identified in
the coral reef workshops, and information contained within
the FEIS for the Key Largo Coral Reef Marine Sanctuary,
that management of the coral reefs is a very complex
effort. Several problems have been identified regarding
the adequacy of enforcement and surveillance for the reef
tract ecosystem.

(1) Management activities within and adjacent to the
boundaries of specific segments of the coral reef tract
are effective only to the extent that appropriate
manpower and equipment is available for enforcement and
surve illance. There is a need for improved capability.

(2) There is a current effort to provide some manpower and
equipment to reef segments designated for management and
regulation. However, reef tract segments outside
management boundaries are under limited enforcement or
surveillance protection.

(3) The thresholds for adequate enforcement and surveillance
related to the long term survival of the coral reefs
must be determined.

(4) The recent designation of the Looe Key National Marine
Sanctuary, in the southern portion of the reef tract,
emphasizes the need for further evaluation of federal
and state capabilities for enforcement and surveil-
lance.

(5) The provisions for the implementation of the Draft
Fisheries Management Plan (DEIS) recently released by
the Gulf of Mexico Fishery Management Council need to be
carefully reviewed to ensure compatibility between the
goals and objectives of the coral reef segment of the
fisheries plan and those of coral reef sanctuary Plans.

b. Research and Monitoring - Participants in the Coral Reef
W9~orsos noted that the Florida coral reefs are under
stress from natural causes and may be more susceptible to

11-180

man-induced stress than are reef ecosystems found elsewhere,
such as in the Caribbean. A basic objective regarding i
research in the Florida Reef Tract, is the need to understand
the causes and effects of reef damage - both natural and
man-induced. Governmental agencies have engaged in short-
term, mission-oriented research studies, while universities
engaged in independent, uncoordinated research. Participants
agreed that neither approach provides sufficient scope to
deal with critical questions concerning the prudent
management of a coral reef ecosystem. Research areas
singled out included:

- What is the significance of changes in reef populations
in various reef communities, both in the reef structures
themselves and in fish populations?

- Are these changes man-induced, or the result of natural
fluctuations?

- What are the natural parameters that largely influence and
control the healthy growth of a reef community?

Long-term, multi-disciplinary research and monitoring studies
are required to provide answers to these questions. Workshop
participants defined the important first steps for a
comprehensive research effort in the Florida Reef Tract:

(1) Mapping

The Florida reefs are the only major continental
reef tract area of the United States but, they have not
been mapped adequately. Two types of mapping are
recommended:

(a) Aerial mapping - This would involve mapping by
means of multi-spectral sensors* to determine the
distribution of the major reef communities, along
with important environmental characteristics (water
temperature, salinity, oxygen content, etc.).

(b) Underwater mapping - This work would be carried
out by means of SCUBA in shallow water, and by
submersible in deeper forereef areas to determine
the composition and distribution of the reef
communities.

*i.e.r air photography employing film sensitive to various wavelengths
of light.

(2) Identification of Key Study Areas

* ~~~~~~An important aspect of the mapping effort would
be to locate areas in which detailed observations and
monitoring would produce the most useful data for
understanding changes in the reef environment. Studies
of these changes would be defined gradually, and
expanded in the later stages of the overall research
program.

(3) Techniques

Throughout the early stages of the reef research,
techniques should be identified that could be applied in
both observing and monitoring the reef environment. For
example, it was suggested that remote sensing techniques
employed for aircraft might be adapted to submersible
craft and ground surveys in order to produce three-
dimensional maps.

(4) Monitoring of Baseline Data

Several aspects of coral reef processes need
to be carefully observed and monitored from the outset.
Various physical and chemical characteristics of the
water mass (e~g., temperature, salinity, pH, etc.)
should be included in these measurements. These
is parameters would be monitored through various
combinations of weather and tidal conditions. This
type of information could be gathered at several
defined study sites and on several different reef
transects in order to gain a basic understanding of
spatial and temporal characteristics of the marine
environment in the Florida Reef Tract.

(5) Data Processing/Literature Survey

The information gathered during monitoring would
require adequate data processing, assimilation, analy-
sis, and dissimilation coordinated with the gathering
of earlier data to compile a comprehensive review of
published and unpublished information about the Florida
Reef Tract.

since the workshops in 1974 and 1975, much has been accom-
plished towards a comprehensive research and monitoring
program. The majority of this effort has been funded by the
National Oceanic and Atmospheric Administration (NOAA),
through its Office of Coastal Zone Management (OCZM). The
focus of the studies is within the boundaries of the Key
Largo Coral Reef Marine Sanctuary. The Key Largo Coral Reef
Marine Sanctuary Management Plan (September, 1979) notes the
following program design which became operational in late
1979:

II-182

Scientific data on the Sanctuary so far
has been restricted to basic hydrographic,
environmental, and biological studies.
Little research to date has been designed
to come to grips with specific management
problems or to address any long-term
environmental questions. During the next
5 years, therefore, NOAA will give the
highest priority to condu.cting field
studies, carrying out laboratory projects,
and monitoring biological and sociological
aspects of the Sanctuary. Such information
will increase the understanding of the
resources and assess the impact of human
pressures on the Sanctuary environment.

Included will be a biological inventory in 1979 and 1980 that
will provide baseline data on the distribution, diversity,
and abundance of reef organisms. By comparing these data
with the results of inventories to be conducted in 1985 and
1990, managers will be able to determine if conditions in thi
Sanctuary are changing, and will be able to restructure their
management plans if conditions warrant.

in addition, two other crucial studies are scheduled for the
Sanctuary: a reef health assessment (also in 1979 and 1980)
to estimate the percentage of live coral versus dead coral
cover on'the reef and document the extent of coral disease
and anchor damage; and a water quality assessment (primarily
in 1980) to determine if such factors as organic pollutants,
nutrients, temperature, salinity, and turbidity affect coral
proliferation. In both instances, the information will
provide baseline data to which future studies can be
compared.

In 1979, NOAA, in cooperation with the Harbor Branch Foun-
dation, will carry out a deepwater survey of the Sanctuary.
Approximately half of the Sanctuary lies in waters between
100 and 300 feet (30-90 in). Because previous research in the
area has been limited to waters no deeper than 100 feet (30
mn), NOAA considers it important to fill this significant gap.
The agency will examine in detail, using side scan sonar, a
magnetometer, and submarines, a deep water reef discovered in
1973. The survey will gather information on the location of
this and other deepwater reefs, their associated organisms,
and archaeological resources.

Finally, a series of special studies in 1981, 1984, 1987 will
be carried out. These will deal with specific rather than
general aspects of the Sanctuary and may include a lobster
assessment, coral disease studies, anchor damage studies,
cultural research and development, and other special items of
interest derived from the results of baseline studies. i

11-183

To supplement this resear~ch, NOAA, in cooperation with the
Florida Department of Natural Resources, will monitor, on a
0 ~~~monthly basis, permanent stations established at environ-
mentally different locations. The monitoring will include
observation of coral diseases, mortality, growth, and
recruitment; measurement of sedimentation, temperature,
salinity, and turbidity; assessment of anchor damage, diver
damage, or other user-related impacts; photographic docu-
mentation of representative coral colonies; and life history
observations of other invertebrates in the Sanctuary.

The ongoing as well as the proposed research effort by NQAA
is the beginning point for establishing a sound management
foundation upon which future management decisions can be
based. In terms of the management strategies proposed during
the coral reef workshops and NOAA's current program efforts,
the following concerns are identified regarding the adequacy
of research and monitoring for the reef tract ecosystem:

(1) Lack of a definitive research program concerned with the
Florida Reef Tract ecosystem in its entirety at any
governmental level - emphasis is primarily focused on
John Pennekamp Coral Reef State Park and the adjacent
federal Key Largo Coral Reef Marine Sanctuary.

(2) Related to (1), there are insufficient funds, equipment,
and manpower to adequately support the monitoring needs
for short-term and long-term research efforts and
related surveillance requirements in the Florida Reef
Tract ecosystem.

(3) In recognition of state and federal goals and objectives
expressed in the draft Coral and Coral Reef Resources
Fisheries Management Plant the proposed Looe Key
National Marine Sanctuary (April, 1980), and the Key
Largo Coral Reef Marine Sanctuary Management Plan
(September, 1979); there is a need to establish a
mechanism to assure compatible research and monitoring
objectives between these programs (see also discussion
on Fisheries in Issues Section).

(4) In support of baseline studies on segments of the
Florida Reef Tract, there is a need to establish an
information center to act as a clearinghouse for the
storage, retrieval, dissemination, and exchange of
coral reef research data.

(5) There ha s been a lack of commitment at any government
level to finalize the synoptic mapping effort of the
Florida Reef Tract which was identified in the coral
reef workshops as a first step toward defining study
areas and to serve as a framework for coordinating
subsequent research, monitoring, and management
requirements.

ii-184

Recommendations

There are several actions that can be taken to address management
concerns related to the protection and utilization of the Florida Reef
Tract ecosystem. Under the state Coastal Management Program, the
following actions will be pursued:

1. Fully utilize the existing state Interagency management
Committee to examine Coral Reef Management issues and to make
recommendations for the resolution of those issues.

Among the topics that could be constructively addressed by
the Interagency Management Committee are:

a. Review the adequacy of current state program efforts for
management of the Florida Reef Tract as related to enforce-
ment, surveillance, research, and monitoring in state
territorial waters as well as support of Sanctuary Programs
in federal waters. This review would include adequacy of
funding as well as manpower and equipment requirements and
alternatives to meet these needs.

b. Following this review, the IMC would develop recommendations
to the Governor and Legislature on deficiencies in'Florida's
coral reef management efforts, particularly related to long-
term commitments. The State-Federal Advisory Board for
administering the Key Largo Coral Reef Marine Sanctuary would
be requested to assist the IMC in the review and the
subsequent development of recommendations.

C. Because of the multiple state-federal programs involved in
management of various segments of the Florida Reef Tract, and
the absence of a centralized authority for enforcement
activities as a result of this mix of program efforts, the
IMC, with assistance from the Advisory Board should review
the jurisdictional problems associated with management
programs. Particular attention should be paid to the juris-
dictional overlap issues in the Draft Fishery Management Plan
for the coral reefs and the Marine Sanctuary Plans.

2. Fully utilize available CZM "306" funding to assist DNR in
improving state capability for developing specific cooperative
management programs in the Florida Reef Tract.

in addition to helping state level needs for baseline data to
support management actions in territorial waters related to proper
resource utilization of the coral reef ecosystem, these funds will
be utilized to improve consistency between state and federal
program requirements in adjacent federal waters.

II-185

ESTUARIES

An estuary is a semi-enclosed water body with an open connection
to the sea and with a measurable dilution of sea water from fresh-
water inflow. It is a zone of ecological transition between fresh and
salt water systems, and is the ecological heart of the coastal area.
An estuarine ecosystem includes not only the coastal water basin, but
also the adjacent shorelands to the extent that they have a signifi-
cant influence on coastal waters. No part of the estuary operates
independently of any other. The flow of water from the land provides
the essential linkage between land and sea elements of the coastal
ecosystem.

The ecosystems of bays and other estuarine water basins are
resources of exceptional productivity. many physical features of
estuaries provide a unique productive environment - shallow depths
which allow light to penetrate to the bottom, fostering the growth of
marsh plants; confinement which protects the estuary from disruptive
ocean wave action; salinity changes important to the life cycle of many
marine species; tidal energy and flow which provide important driving
forces for the estuary; and nutrient storage and production.
Historically, estuarine shelter and productivity has fostered many
important commercial and recreational activities - ports, marinas, and
commercial and recreational fisheries. Estuaries also are used by
other water-dependent industries as sites for facilities.

Estuarine Management

Numerous state statutes significantly affect the way in which
estuaries are managed in Florida. Although all coastal management
program authorities may have some degree of impact, Chapter 258, F.S.
(aquatic preserves), Chapter 253, F.S. (dredge and fill in state
submerged lands), Chapter 373, F.S. (water resources), and Chapter 403,
F.S. (water pollution and dredge and fill in waters of the state), have
the greatest direct effect upon estuarine management. To a large
extent, the successful implementation of another law, Chapter 370, F.S.
(saltwater fisheries) depends on the administration of these laws.

Coastal wetland areas which lie below the mean high water level
are regulated under Chapter 253, F.S., as lands and waters under the
sovereign control of the state. Any dredging or filling activity in
these areas may be conducted only pursuant to permits issued by the
Department of Environmental Regulation. The Department, when it
considers an application for a dredge-fill permit, must determine that
the proposed permitted activity does not affect fish and wildlife
values or habitats, or. hydrographic considerations to a degree which is
contrary to the public-interest. For activities which are proposed on
sovereignty submerged lands, the applicant also must receive permission
from the Governor and Cabinet sitting as the Board of Trustees of the
internal Improvement Trust Fund.

Aquatic preserves, which are established and managed pursuant to
* Chapter 258, F.S., are estuarine areas in which man's activities are

i1-136

kept to the minimum to maintain existing man-made facilities. Preserv
areas are designated on the basis of their environmental or aestheticW
features and are managed to insure that these features are maintained,
and, if possible, improved.

The Water Resources Act (Chapter 373, F.S.) regulates the use of
all water resources, including both surface and groundwaters. However
most Water Management Districts have concentrated their efforts on
inland fresh water systems. Inland water use can effect estuarine
areas if the use is'particularly heavy. The Act, managed by five wate
management districts which blanket the state, calls for the developmen
of minimum flows and levels in all watercourses (Chapter 373.042).
These minimum flows must be sufficient to protect environmental values
and fish and wildlife -- including those in estuarine areas which are
dependent upon a reliable flow of fresh water. District permitting
programs govern the amounts of water which can be taken, and ensure th(
availability of sufficient water for 'natural' uses.

Chapter 403, Florida Statutes, the state's pollution control law,
also governs dredging and filling in coastal wetlands. Jurisdiction
under this statute is in "waters of the state' and encompasses a
somewhat more broad area of estuarine wetlands than Chapter 253.
The primary consideration in dredge and fill regulation under the
pollution control law is the effect the proposed activity will have
on water quality. Other activities regulated under this statute
include industrial and domestic discharges of effluents into estaurine
areas or into other water bodies which eventually discharge into
coastal waters.

Two chapters of the Florida Administrative Code (F.A.C.) establish
the rules under which permits are issued pursuant to Chapter 253 and
403, F.S. Chapter 17-4, F.A.C. governs requirements to be met by those
seeking permits, while Chapter 17-3, F.A.C. establishes the water
quality standards which must be met by any discharger into estuarine,
or other waters.

In addition to state management of estuaries, local government
decisions also affect estuarine systems. Local land use practices
directly affect both the quantity and quality of water which flows
into estuaries. State law requires local governments to develop
comprehensive plans to guide future land use decisions. Elements of
these plans must also include policies for conserving and protecting
a community's environment.

Resource and Administrative issues

Florida's estuarine areas are used for ports, recreation, fishing,
etc. These activities are important to the economic health of the
state. Communities, the state, and coastal users must provide each of
these estuarine activities in ways that do not impair other important
activities or resources.

II-187

Balancing the diverse interests in estuarine areas is central to
O ~coastal management. Under the coastal program, the effort to balance
complex environmental, economic, and social benefits must be accom-
plished through the laws described earlier in this discussion - state
submerged lands, aquatic preserves, water resources, and environmental
control.

Resource Issues

No other area can produce as much basic plant material as the
coastal area, and the heart of this productivity lies in the estuaries.
These areas provide productive habitat that supports fish and wildlife.
Estuarine systems, if allowed to function naturally, perform useful
work for man at no cost for construction or maintenance. Estuaries
provide the first line of defense against hurricane tides. They also
serve as settling basins for silt and organic material, and, by
converting these nutrients into vegetation, they act as cleansing
agents which purify the water as it flows to the sea.

Estuaries provide a source of food and protection for many marine
organisms. Plants growing in the estuary are consumed and plant decay,
or detritus, is food for many small animals. In turn, these animals
are consumed by larger fish and, ultimately, by birds and man.

Estuaries also are essential for certain types of commercial and
economic development. These include the water-borne transportation of
materials such as oil, phosphate and citrus products. Electrical
O ~generating facilities locate on estuaries and use estuarine waters for
cooling.

While man benefits from estuaries, his use of these areas often
brings changes. Development in and around estuaries is often accom-
panied by dredging and filling of wetlands. This activity disrupts the
water storage and purifying capacity of vegetated wetlands, allows
silt-laden, polluted fresh water to flow directly into estuarine
waters, and reduces habitat and food supply for marine organisms.

A second major problem in estuaries is changes in the quality,
quantity, and timing of fresh water flow into estuaries. The water
entering an estuary must be clean and free of chemicals that are not
natural to the area. Pollutants are introduced into Florida's water-
sheds from storm runoff, aerial spraying and sewage outfalls, etc.
Storm runoff introduces chemicals and heavy metals to the waters.
These originate from the improper application of fertilizers, herbi-
cides and pesticides in agricultural areas, as well as auto and
industrial wastes. These chemicals are washed into the waters where
they may be ingested by estuarine organisms. The presence of very
small quantities of lead, mercury and other compounds can stress
estuarine organisms.

Aerial spraying for mosquito control is common in many parts of
Florida. Evidence suggests these chemicals have harmful effects on
* ~organisms other than mosquitoes. For instance, tests conducted

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by the Environmental Protection Agency determined that Fenthion,
an insecticide used for mosquito control, kills juvenile shrimp. i
Improper aerial spraying may increase the chances of this chemical
entering the watershed and subsequently, the estuary. Sewage outfalls
in estuaries release large amounts of nutrients, primarily nitrogen and
phosphorus compounds. This produces overenrichment, a lowered oxygen
level, and forces organisms to leave.

The quantity and timing of freshwater flow to estuaries is a major
factor in determining the health of the estuarine area. Development of
coastal areas often cause alterations in natural flow patterns. This
problem became quite apparent in Southwest Florida when a large
development known as Golden Gate Estates was built. Cypress swamp was
converted to dry land suitable for development by extensive drainage.
The volume of fresh water drained from the land was channeled into two
canals, the Golden Gate Canal and the Fahka Union Canal which emptied
into the coastal area south of Naples. This influx of fresh water has
changed the salinity regime and the biological characteristics of the
estuarine areas and has adversely affected the estuarine plants and
animals.

Administrative Issues

State-owned submerged lands are a valuable asset. The most
valuable submerged lands are in estuaries. it is generally agreed that
past state lands management policies and practices were inadequate to
assure long term management in the public interest (Florida Senate
Committee on Natural Resources and Conservation, 1979). Consequently,
other state-and local programs involved in shoreline access or
submerged lands have proceeded without benefit of needed information
or direction, with subsequent management inefficiencies or actual
conflicts among management and regulatory systems being 'built in'.
in recognition of this problem, the Division of State Lands (DNR) is
developing a State Lands Management Plan which will take the first
steps toward allowing the Governor and Cabinet to make consistent land
management decisions. While steps have been taken, remaining issues
include:

1. Predictability in state management decisions. This problem will
continue until the State Lands Management Plan and Aquatic
Preserves plans are implemented and rules adopted.

2. Interagency conflicts. These conflicts result from the lack
of coordination and consistency between state management and
regulatory programs.

3. Local government participation. This deficiency inhibits
effective management of state submerged lands. Local
government participation is necessary to obtain ownership
and natural resource inventories, prevent encroachment on
state-owned submerged lands, and develop management plans.

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4. Balancing environmental, economic and social needs on a consistent
basis. Clear administrative directions and an adequate informa-
tion base are necessary to consistently assess and evaluate the
tradeoffs that are necessary to meet diverse public interest
goals.

Recommendations

The Florida Coastal Management Program will address the complex
issues associated with the use and protection of the state's estuaries.
Many important commercial and recreational activities take place in
these areas, and the coastal program must provide for these in a way
which is consistent with the long-term productivity and other benefits
of the estuarine systems.

Estuarine-related problems, include the construction and main-
tenance of channel depths, protection of fishery habitat, and urban
waterfront development. Specific discussions of these topics have been
presented in the "Issues of Special Focus" and should be read in
conjunction with this section.

1. The Florida Coastal Management Program, through the Interagency
Management Committee, will assist existing management programs
to address the environmental, economic, and social issues of
estuarine areas.

Many tasks must be accomplished to-provide a balanced
approach to using and protecting estuarine areas. The coastal
program can provide technical and financial assistance, and can
use the IMC to insure a unified state approach. The following
are examples:

(a) help develop administrative rules and cooperative
management programs for state-owned submerged lands
and aquatic preserves;

(b) help establish rules to define seasonal flow rates on
major river systems;

(c) help improve consistency of decisionmaking between
state lands management and regulatory programs, including
assistance for cooperative data management programs.

(d) help improve DER's water quality monitoring and enforcement
programs in estuarine areas.

2. utilize new techniques and organizational approaches to manage
critical estuarine areas.

Some states have developed intergovernmental and multi-
disciplinary efforts to create balanced management of important
estuarine areas. These efforts have been characterized by the
term Ospecial area management planning'.

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While Florida, through its Resource Management and Protec-
tion Program (see discussion on "Geographic Areas of Particular 0
Concern'), has begun special managomient area planning in the
Apalachicola Bay and Charlotte Harbor areas, these efforts lack
manpower and funding. Coastal management assistance could be used
to address these needs and the other special area management
planning requirements of estuarine areas.

3. The FCMP will help to improve coordination between research
efforts and state resource management and regulatory decisions
related to estuaries.

The transfer of useful information into state management and
regulatory systems is a key need. Gaps exist between research
findings and decisionmaking, and research often fails to incor-
porate the needs of management systems - even when it is feasible
to do so. In particular, the coastal program will help with
cooperative efforts between state resource management programs
and the Florida Sea Grant Program.

4. Provide assistance to the Conservation and Recreational Lands
Program (CARL) in its efforts involving the purchase of important
estuarine areas.

BARRIER ISLANDS; BEACHES AND DUNES

Barrier Island Ecology

Barrier islands are a dominant geologic feature along much of the
East and West Coast of Florida. Characteristically, these islands are
elongated and parallel to the shoreline. Usually they are formed of
sand. Individual islands may be more than thirty miles long. Most
usually are less than a mile wide. They often occur in long chains
(such as along the southwest Florida coast), separated from the main-
land by estuaries and saltwater wetlands.

Barrier islands have several effects on the ecology of the coastal
area. They form the first line of defense for the mainland against
both winter storms and hurricanes. The protection also encourages the
development of low-energy tidal wetlands and marshes. Barrier islands
also create estuaries. The semi-enclosed lagoons behind the islands
permit mixing of salt and fresh waters and create estuarine conditions.
And finally, barrier islands are a unique microsystem in themselves.

Barrier islands are shaped by waves, wind and tidal energy, and by
ocean flooding. As a result, barrier islands are extremely mobile and
dynamic systems which constantly are in transition. While their
dynamic nature may frustrate man's need or desire for development, the
dynamic nature is necessary for the existence of barrier islands.
Island beaches effectively absorb and dissipate the tremendous forces
which bateter them. Both longshore drift and storm waves are important
to barrier island systems. Longshore drift is responsible for the I
deposition of sediment parallel to the shore. Storm waves breach the

dunes and flood the island, carrying sand and shells inland onto the
* ~island. Storm overwash contributes new sediments, supplies sand from
the beach and offshore areas for new dune growth, adds to the elevation
and extends the island into the estuary.

The beach and dune area is a characteristic feature of barrier
islands. The beachfront is a harsh environment, subject to constant
stress from natural forces. It also is a resilient area, one which can
recover from the impacts of man and nature. Sandy beaches usually are
backed by sand dunes. Dunes are waves of drifting sand that are
predominantly affected by wind. The shifting dunes, which usually lie
behind the berm, are the most subject to the stresses of wind and salt.
mild summer waves add sand to the berm and winds move it to the dunes.
Winter storms may reclaim the berm, at which time the dunes must erode
to replenish the lost sand. The berm, acting as a reservoir, makes
sand available to the dune or beach as needed. Dunes typically are
vegetated with sea oats which slow the rate of sand movement. The
vegetation growing on dunes can withstand the forces of nature but not
the impact of man. Human feet or vehicles can destroy the vegetation
and eventually can destory the shifting frontal dune. As a result, the
more stable dunes characterized by heavier vegetation and located
behind the frontal dune, must absorb the force of storms. When both
the shifting and stable dunes are destroyed, man is left with the
costly and often impossible task of stabilizing the drifting sand.
Dunes are important to barrier islands because they are the island's
first defense against the force of wind and waves, and because they
S ~also are the means by which islands move and grow.

Each island also must be treated as a part of an entire system of
islands and inlets. Barrier islands are separated from one another by
inlets which provide access between coastal and estuarine waters for
marine organisms as well as man's shipping activities. Like barrier
islands, these inlets are unstable. Their channel depth is seldom
constant. Barrier islands and inlets both are substantially affected
by the flow and the availability of sand. Sand is subject to two types
of movement, an onshore-offshore cyclic migration, and an along-shore
transport which moves the sand parallel to the shoreline. The
direction of net along-shore transport depends on prevailing wave
conditions. The net movement past some points is as great as 250,000
cubic yards each year. Interruption of either type of sand movement
can cause widespread erosion or accretion of sand on the beach or in an
inlet.

Finally? barrier islands have a strong appeal to man and are
extremely vulnerable to his presence. The very feature which maintains
the islands - dynamism - impedes man's attempt to settle on the barrier
islands. This is the -basis for the issues and problems concerning
man's utilization of barrier islands.

Resource issues and Problems

Development of barrier islands often is accompanied by protective
Is structural (rigid) measures. Man has tried to impose artificial

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stability on barrier islands by building bulkheads, seawalls,
groins (rigid alternatives) and by dune stabilization (a non-rigid
alternative). Displacement of dunes anti dune vegetation with homes
and roads destroys the natural sand repositories as well as the ability
for defense against storms. This was recognized in President Carter's
Second Environmental Message: "...Man has altered two-thirds of our
barrier islands and in some cases has destroyed these most effective
natural storm buffers along the Atlantic and Gulf coasts."

Erosion of beaches is a natural phenomenon which is exacerbated
by man's development on barrier islands. Forty-three percent of
Florida's beaches are eroding, seventeen percent are suffering from
critical erosion. Erosion threatens the stability of established
development areas, costly rigid alternatives are constructed or beach
renourishment is attempted. Such remedies are expensive and usually
offer only temporary solutions. Attempts to stabilize shorelines with
rigid alternatives may interfere with natural processes and further
exacerbate erosion. Beach renourishment at a cost of $1,000,000 or
more per mile sometimes must be repeated within three to five years.
However, after a study of the alternatives available to protect an
eroded beach, renourishment ma be an appropriate alternative. When
conditions are suitable, long reaches of shoreline may be protected by
renourishment at a relatively low cost compared to the cost of rigid
alternatives.

Barrier Island Management

Barrier islands in Florida and throughout the United States are
fragile coastal resources. In response to President Carter's First
Environmental Message, the Department of the Interior issued a
report "Alternative Policies for Protecting Barrier Islands Along the
Atlantic and Gulf Coasts of the U.S." which found that the Federal
government encourages development of environmentally fragile islands
with federal grants, loans and permits. The study also identifies
significant problems associated with uncoordinated Federal policies
pertaining to barrier islands, notes a lack of sufficient data
for decision-making, and identifies the need for state and local
government participation in any efforts to manage barrier islands.

Congress recently held hearings on the need for additional
protection for barrier islands. Testimony identified federal
agencies as major promoters and financial sponsors of barrier island
development. Many persons encouraged further protection for barrier
islands including a program for acquiring undeveloped islands. John
Sheaffer, an expert in hazard mitigation, advised Congress that
acquisition of undeveloped, islands is the most cost-effective action.
His studies show $11.2 billion in public costs expended over the next
twenty years if the government continues to subsidize barrier island
development. Acquisition of these undeveloped barrier islands will
cost one fifth of the subsidy amount.

Florida has more barrier island acreage than any other state.
And, like the Federal government, F'lorida has a number of agencies
Whose actions affect barrier islands. Some of the most significant
include:

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1. Chapter 161, F.S., is the state's primary statutory authority for
Is ~~the protection of beach and dune areas. Included are:
a. Coastal Construction Control Line,

b. Coastal Construction Setback Lime,

C. regulation of structures constructed for shore protection
purposes, regulation of inlet dredging projects, and

d. beach renourishment.

2. Chapter 252, F.S. is the state's authority for both preventing and
responding to natural or man-made disasters.

3. Chapter 253.023, F.S. establishes the Conservation and Recreation
Lands Trust Fund to purchase lands intended for conservation or
recreational use. Public beaches are identified specifically for
purchase.

4. Chapter 334, F.S. includes the basic authority of the state to
plan for and develop a state transportation system.

S. Chapter 403, F.S. contains the primary authority of the state for
the protection of air and water quality. The chapter requires
permits for any stationary installation which may be a source of
water pollution (403.087) and established a grant program for
construction of sewage treatment facilities (403.1821).

6. Additional state authority mandates the development of and adop-
tion of comprehensive plans by all local governments. Coastal
communities must address both public access to beaches and natural
control of beach erosion in the coastal zone protection element of
the plan.

Administrative issues and Problems

Development of barrier islands is often undertaken in ignorance
of the environmental values associated with barrier islands. This
development has destroyed valuable wildlife habitat, increased pol-
lution into adjacent estuaries and reduced the ability of islands to
protect mainland development from the effects of coastal storms.

Development practices on barrier islands may result in heavy
flood and wind damage and loss of life. Many low barrier islands
periodically are covered by flood waters during winter storms and
hurricanes. Hazards from storm damage are compounded by problems with
evacuation to the mainland in emergency situations. Subsequent to
storm damage, heavy public expenditures are often requested to build
and rebuild both public and private facilities on barrier islands.

Barrier island development often is subsidized either directly or
indirectly by state and federal government funds. For example, the

11-194

federal government often provides the primary subsidies for highways
and bridges, sewage treatment plants3, beach renourishment projects,0
disaster relief and flood insurance. State and local governments also
p1rovide subsidies through bond issues for h~ighways, bridges and sewage
and waterlines, hurricane evacuation programs, and beach renourishment
funding.

Yet, the State of Florida does not have a comprehensive state
policy for baarrier islands. This lack of policy results in conflic-
ting goals between state programs. For instance, disaster prepared-
ness officials are concerned about high-intensity development of
barrier islands because of potential evacuation difficulties during a
hurricane, while transportation officials may compound evacuation
difficulties by building a causeway to an island which lacked direct
vehicle access. The State also may affect the situation by providing
funds for a new sewage treatment plant on a barrier island. Both
types of public facilities encourage intensive growth and development.
This lack of coordinated policy also frustrates local government and
private enterprise efforts to manage future development of barrier
islands. They cannot plan their efforts to complement state efforts.
Instead, they must plan programs and activities without knowledge of
future state actions.

Recommendations

1. The Florida Coastal Management Program should assist the Inter-
agency Management Committee to develop a comprehensive program i
for the management of its barrier island system.

This program would include identification of each island,
gathering of sufficient environmental and socio-economic infor-
mation on each island, analysis of the information, development
of a broad strategy for barrier islands, and development of
strategies related to each of the state's barrier islands.

After development and adoption of such a program, it would
be utilized as guidance by state agencies for:

a. Reviewing permit requests relating to the Coastal Construc-
tion Control Line or the 50-foot Coastal Setback Line;

b. Establishing priority areas for beach renourishment and for
sand transfer projects;

C. Reviewing local government requests for delegation of the
Coastal Construction Control Line Program;

d. Reviewing research requests for the Florida Sea Grant Pro-
gram and other programs;

e. Reviewing requests for new causeways;

f. Reviewing water and sewer construction grants and permits.

g. Reviewing potential new legislation to establish coastal
construction control lines on estuarine beaches.
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2. The State should develop a program to assist local governments
* ~~manage barrier islands.

While the State can influence growth and development on
barrier islands, the prime responsibility for land management
throughout the state lies with local government. The Florida
Legislature established this policy in the Local Government
Comprehensive Planning Act of 1975. An effective program for
barrier island management must include strong participation by
local governments.

Basically, the state could establish a broad strategy on
barrier islands, utilize its existing budgetary and management
tools to implement adopted strategy, and provide assistance to
local governments as they develop site-specific plans for each
of the islands. This assistance would consist of:

a. Providing funds for developing and implementating local
programs to address specific issues related to development of
barrier islands Ji.e. protection of beach and dune systems,
hurricane evacuation). These programs should be a part of
the local government's comprehensive planning process.

b. Developing a state information clearinghouse on barrier
islands to provide existing site-specific resource infor-
mation, innovative approaches to difficult technical and
legal issues, and a list of expert personnel who could help
local governments address difficult technical issues and
problems.

C. Targeting state land purchase funds to acquire either
undeveloped barrier islands or critical portions of these
undeveloped islands. Also, consideration should be given
to providing funds for purchase of developed islands which
undergo substantial hurricane damage.

COASTAL DEVELOPMENT ISSUES

PORTS

Introduction

Ports have played a major role in Florida's history and will
continue to figure prominently in its prospects for growth. Although
most Florida ports are a form of local government, they operate within
the private market system and must be able to respond to economic
conditions. They compete vigorously for additional trade, and are
a part of the fabric of states national and international markets.
Thus, the 10 major ports (identified in Florida Waterport Systems
Study) and the 17 other Florida ports, in conjunction with the indus-
tries which result from their presence, make an important contribution

11-196

to the economic vitality of the coastal area and the nation (for
discussion on ports and the "National Interest" see Part II, SectionW
Two.G.).

Florida ports gain two major advantages from the geographical
location of the State of Florida. Several major shipping lanes are
convenient to Florida ports, and secondly, the ports enjoy relatively
mild weather, free from the extremes experienced by other ports of th(
United States.

Approximately 81.3 million tons of general bulk cargo were moved
through Florida ports in 1976. Shipments of bulk cargo (phosphate,
petroleum, cement, etc.) represent the greater part of all tonnage
handled by the ports. Nevertheless, general cargo (manufactured items
agricultural products, chemicals, etc.) plays an important part in por
planning since it requires more facilities per ton and generates highe
revenues per ton than bulk cargoes (Florida Waterport Systems Study,
Volume It pages 4 and 5).

The conflict between various demands for use of our coastal area
is being felt by the ports no less than by many others who obtain
benefits from this region. As Florida's coastal population in the
decade of the 1980's approaches 9 million people, ports will find thei
development opportunities diminishing as people seek to use coastal
areas for businesses, residences, fishing piers, marinas, parks, and
other activities.

Complicating the urban squeeze on port activities is the growing
recognition of the value of fish, wildlife and other living resources.
As a result, a number of local, state and federal statutes and agen-
cies now deal with port development and its relation to the natural
environment. Table 8 lists the major agencies which are involved in
various regulatory aspects of port development.

if the Florida Coastal Management Program is to be effective, it
must assist with resolving the problems that occur when ports propose
new activities or facilities. Problems fall under two types of general
issues.

Environmental, Economic, and Social Issues

Many of Florida's ports lie within settings which are rich in
natural amenities and provide a foundation for the tourist and recre-
ational industries. Consequently, several problems arise from the
effects of port activities on the natural environment. In addition,
ports operate within urbanized settings where the land use require-
ments and impacts of many-other activities affect port operations.

1. water is the most important element among our coastal resources.
its quality governs the amount of life that can be sustained in
tidal and aquatic areas.

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TABLE 8

. ~FEDERAL AGENCIES PORT RELATED FACILITIES

U.S. Coast Guard Safety of port and vessel opera-
tions and oil spill contingency
planning

Army Corps of Engineers Builds and maintains jetties,
channels, and other public works;
reviews all activities affecting
navigable waters; regulates dredge
and fill in navigable waters

U.S. Fish and Wildlife Service Required to comment to Corps of
and National Marine Fisheries Engineers regarding the effect
Service of development on fish and
wildlife resources

Environmental Protection Agency Controls air and water pollution;
reviews deposit of dredged
material into navigable waters

STATE AGENCIES

Florida Department of Environ- Enforces state standards for air
mental Regulation and water quality; dredged spoil
disposal permits; administers
Public Works Program

Florida Department of Natural oversees leasing and management
Resources of state owned submerged lands;
marine resources management; oil
spill prevention and cleanup;
safety of vessel equipment and
navigation

Florida Game and Fresh Water Comments to Corps, state agencies
Fish Commission and ports on effect of dredge and
fill on fish, wildlife, and
aquatic environment

Florida Department of Trans- Planning and funding for access;
portation general planning and analysis

Florida Department of Administers-the DRI program at
Veteran and the state level. Administers
Community Affairs the Coastal Energy Impact Program
(CEIP).

I1-198

LOCAL AGENCIES

County and City Environmental Control air and water pollution
and Health Departments oversee living resources

County and City Planning, Land use and density restrictic
Zoning, Building, and Public building and construction codes
Safety Departments fire and police programs; contr
of public services

II-199

Water quality is affected by dredging and filling operations.
Yet, dredging and filling is necessary for ports in improving and
maintaining navigability, extending dockage, and constructing
other facilities. Water quality is also affected by contaminants
in surface water runoff, Spillage, and discharges from vessels.
The problem is further complicated by the existence of other,
non-port related, factors which degrade water qulaity, such as
untreated solid waster stormwater drainage, and industrial
discharges.

2. Several ports are located in urban areas where air quality is a
matter of concern. Industries, automobiles, and other activities
often contribute to a regional air quality problem. Thus, ports,
and the water dependent industries which use port facilities, find
it difficult to site shoreline facilities where existing impacts
on air quality have pre-empted coastal air space.

3. Ports have little option as to location. They must occupy the
shoreline. The problem is that our shoreline is becoming very
scarce. Intensive urban land use around ports and the soaring
costs of shoreline property confine port operations and limit the
opportunities of ports to respond to economic and technological
changes.

The urban squeeze on ports is most apparent when land adjoining a
port becomes committed to other uses. Several ports have found
their expansion opportunities pre-empted by development on
adjacent property. Other activities which put land in intensive
use can simply outbid the ports for valuable shoreline space.
After these activities are sited, further problems occur if the
port and the other land use is not compatible. Usually, the less
water dependent the adjoining land use, the greater the likeli-
hood that conflicts will occur between it and the port. For
example, port operations may increase public safety hazards and
create disturbances in nearby residential areas.

If ports are to operate more efficiently, adequate roads and rail
facilities are essential. Some ports cannot make full use of
their potential "throughput capacity" because of the lack of an
adequate public landside transportation system.

A different port-related land use problem is raised by the need to
provide adequate public access to the shoreline. In highly
urbanized areas, public access to the shoreline is an important
objective of local communities, and ports of~dh occupy central
locations where additional physical and visdiat Access would be
very desirable. In addition, the operation of the ports them-
selves are interesting and educational. Although ports must
frequently discourage public access within their jurisdictions
because of safety and security considerations, many U.S. ports
have increased opportunities for physical and visual access.

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Regulatory, Planning, and Other Administrative Issues

1. many port projects in Florida are peoposed in or near estuarine
areas which are rich in living resources (Florida Waterport
Systems Study). In these areas, environmental laws and several
public agencies play an important part in influencing port
development. Costly delays in construction may be caused by
multiple or sequential permit requirements, conflicts between
governmental agencies, or duplicative information requirements.
Ports also fall under the Development of Regional Impact program
and its system of reviews under Chapter 380, F.S. Many large
port projects are financed with bonds. Long delays and lack of
predictability can prevent local governments and port authorities
from taking advantage of favorable bond market conditions.

2. One overriding drawback of the way port development and govern-
mental agencies interact is that the ultimate impact on the
environment cannot be anticipated. while this is true of the
economic and social environments, it is of special concern for th
natural environment. Case-by-case review of individual projects,
inadequate port plans, vague policies, the diversity of criteria
between agencies, and a lack of environmental information
contribute to the problem of predicting the ultimate effect of
individual permit decisions. Thus, longterm environmental
problems can occur because of the problem of predicting the
cumulative effects of individual permit decisions.

3. When governmental agencies and ports develop plans and implement
programs, they frequently do so independently of each other.
Although some disagreements will probably continue between
conservation and development aims, the lack of coordination has
heightened conflicts and increased costs.

There is a need to bring different perspectives together to
analyze competing coastal land and water uses, to resolve
conflicts, and to promote sound siting decisions. in order to
answer the need for coordination several actions might be carried
out such as developing new areas of expertise and improving the
transfer of information concerning resource capacity, economic
forecasts, facility requirements, and technology.

Recommendations

The Florida Coastal Management Program recognizes that our ports
are water dependent coastal users and that ports make substantial
contributions to local, regional, and national economies. It is
apparent that the needs of ports must be met in ways which are
least damaging to other resources and activities of the citizens of
Florida. The environmental, economic, social, and administrative
problems associated with port requirements can be addressed through
an improved management system. An improved system can provide for
the optimization of economic benefits at the same time that other
responsibilities are carried out for safeguarding the environment i
and the other resources of Florida.

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Currently, the state is administering a Coastal Energy Impact
O Program under the provisions of the federal Coastal Zone Management
Act. This program is providing assistance to ports for energy-
related planning and will be closely involved with coastal management
approaches to port issues.

1. The Florida Coastal Management Program will encourage-,
through technical and financial-assistance, a port planning
and institutional Process which seeks to resolve the
conflicts over port development and to maximize predictability
in siting decisions.

The implementation of a port planning process which incor-
porates an adequate level of specificity will give governmental
agencies and ports an opportunity to make early decisions
concerning cumulative impacts, to improve predictability, and to
lay out alternative proposals. By considering long term needs,
issues, and impacts, an improved approach to port development
could correct the deficiencies of present case-by-case permit-
ting. A more effective port planning approach would promote the
recognition that there is a range of legitimate uses that should
be accomodated and balanced.

The effective implementation of this approach depends on the
cooperation of the ports and governmental agencies. Local, state,
and federal agencies will gain confidence in a management program
to the extent that ports can provide the proper level of informa-
tion and identification of development alternatives. In return,
agencies can reduce delays and maximize predictability in their
decisions by focusing their policies and criteria, aligning their
information needs, and reducing intergovernmental conflicts.

The Florida Coastal Management Program proposes that ports
be given the opportunity to participate in an improved planning
and management system. It is recommended that those ports which
have completed long range master plans be funded to prepare
supplemental planning reports which address the key information
needs of affected state agencies. within the need to retain
economic flexibility and competitive advantage, supplemental port
plans can be developed which outline future land use and the long
term impacts on the environment.

State agencies will assist the supplemental port planning
efforts by developing information guidelines for supplemental
plans and closely coordinating with the ports during development
of the plans. Those plans identifying long-term future uses of
particular areas and significant impacts can serve as the basis
for governmental decisions which increase predictability for port
development and resolve permit delay problems.

2. The Florida Coastal Management Program will encourage the
major state agencies dealing with port facility development to
* ~~maintain adequate staff capability.

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Long range, comprehensive port development planning activi-
ties will involve environmental, economic, and technological
considerations. The complexity of these planning elements will
require that state agencies possess the capability to offer
assistance and achieve an optimum balance between environmental
arnd economic needs.

DISPOSAL OF DREDGED MATERIAL

Both dredging and spoil disposal are among Florida's major coastal
issues. The environmental, economic, and administrative issues
associated with the disposal of dredged material are the most complex
and enduring.

Florida and its water dependent industries are not alone with the
problem of spoil disposal. The national scope is reflected in the
objectives of the federal Office of Coastal Zone Management. One of
the purposes of coastal management is "... to identify environmentally
suitable sites for dredge and spoil disposal" (memorandum by R. Knecht
to state coastal program managers, September 17, 1979). In the south-
eastern United States, the shortage of spoil sites is said to be most
acute because of upland soil characteristics, land use, the volumes of
spoil material, and other factors (Chapman, 1968).

- Water dependent activities frequently require dredging and spoil
disposal operations. The larger dredging projects are constructed by
the Army Corps of Engineers, often in cooperation with local govern-
ments or ports, to improve and maintain navigation channels and to
develop related facilities such as turning basins, and slips. Federal
funds for dredging projects are appropriated by Congress, but, the
local government or port usually pays for disposal sites, plansl,
rights-of-way, and other costs associated with spoil disposal.

In the past, spoil was disposed of without regard for any conse-
quences other than cost. More recently, dredging projects have been
restricted, delayed, or stopped by the possibility that spoil disposal
will degrade water quality or create adverse impacts on fisheries,
wildlife, and vegetation. Florida's productive, vulnerable, and
unique natural areas increase the usual problems associated with the
alteration of estuarine systems.

Dredging and spoil disposal are essential if Florida's commercial
and recreational ports, harbors, channels and inlets are to be improved
and maintained. A spoil disposal impasse could create severe economic
problems for water dependent businesses in Florida. Spoil disposal
problems which are outlined below must be solved to safeguard the
environmental and economic health of the state. There are two types of
issues: the environmental effects of spoil disposal, and the economic,
administrative, and other issues of spoil disposal.

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Environmental Issues

The most direct effect of dredged material disposal is that fish
and wildlife habitats and vegetation often are displaced. Wetlands and
estuarinle bottoms often are the most convenient places to deposit spoil
material. The productivity of these areas may be reduced by the
improper placement of spoil.

Dredged materials obtained from areas near urban centers and
industrial sites frequently are contaminated with heavy metals,
hydrocarbons, and toxic chemical compounds. The resuspension and
redistribution of contaminated sediments increases the hazard to
plants, animals, and shallow fresh water supplies.

Maintenance dredging is the chief source of contaminated
dredged material. Deep harbor channels and turning basins can
become reservoirs of contaminants from nearby urban and industrial
sources. Maintenance dredging disturbs these areas and, unless proper
practices are followed, results in their deposition in biologically
productive areas.

Dredged materials often are composed of large amounts of fine
sediments - clay, silt, and organic debris. When large quantities of
"fines"m are dispersed they can create several problems. They can:
(1) accelerate the release of nutrients thus leading to the excessive
growth of algae, (2) seal off water circulation through coarser
. ~sediments, reducing the aerobic conditions necessary for healthy bottom
communities, (3) create an unstable bottom which is unsuitable for the
attachment of plants and animals, and (4) increase turbidity thus
reducing photosynthesis.

Maintenance dredging of poorly flushed channels and harbors
creates difficult problems with handling fine material. Depositing
such large concentrations of silt must be managed carefully to avoid
fouling healthy habitats.

Water circulation is critical to the health of Florida's coastal
water bodies. Water circulation governs the life cycle of f ish and
shellfish, transports nutrients, controls the mixture of fresh and salt
water, flushes pollutants, and plays other important roles in coastal
ecosystems. Long banks of spoil material obstruct, divert, or
otherwise interrupt natural circulation patterns. When this occurs,
areas may become isolated and stagnant, flushing may be reduced,
salinity levels may change, mosquito problems may increase, and other
adverse impacts may result.

Economic, Social, and'Administrative Issues

Commercially important fish and wildlife resources have been
reduced over the years because of improper spoil disposal. Wetlands
and estuarine waters are crucial to the life cycles of fish, shell-
fish, and waterfowl. Poorly managed spoil disposal causes outright

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losses of marsh and shallow nursery areas, interruptions in the flowo
nutrients, and changes in salinity. All of these effects may be felto
by commercial and recreational fisheries (Lindall, 1973) and result in
economic losses.

Spoil disposal techniques which have the fewest severe impacts on
the natural environment often are costly and have engineering problems
Transporting of dredged material inland or to environmentally suitable
ocean areas removes the impacts from the productive and vulnerable
coastline, butt the costs of dredging and energy use rise dramatically
as the distance and the amount of rehandling increases.

A common solution for depositing spoil near dredging operations
is to put it in contained areas within or at the edge of estuaries.
Placing spoil in these areas requires careful containment. These area;
are enclosed by dikes, include spillways, and have detention capabilit
for settling suspended fine sediments.

Containment areas must be properly constructed, and must be main-
tained. Foundation and material failures occur because of inadequate
dike design, poor construction practices, and improper inspection of
dikes during dredging operations (Murphy and Zeigler, 1974).

Placing spoil on upland locations, which avoids damaging estu-
aries, may conflict with other land uses. Recent studies by the
Corps of Engineers Dredged Material Research Program show that upland
disposal may release toxic substances from the- dredged material and
degrade valuable upland habitat. Guidelines developed under section
404(b)(1) of the Clean Water Act state that upland disposal is one of
several alternates for the spoil disposal problem.

Spoil disposal usually requires large amounts of land. Proposals
for depositing spoil can encounter local objections to disposal sites.
For example, where dredging occurs near urban areas, the large amounts
of land required for the dredged material could consume land which is
valuable for recreation and shoreline access. in areas where dredged
material could provide a suitable foundation for other uses, extensive
de-watering of the spoil delays the use of the land.

Dredged material disposal is regulated by both state and federal
agencies, and in some cases by local government. As with other types
of regulatory activity, many siting decisions are made on an ad-hoc
basis during the governmental review of permit applications. This
incremental approach leads to uncoordinated treatment of coastal
projects (see further discussion under Ports in this section).

in some areas of the United States, large projects have been
delayed for years because of problems with obtaining approval for spoil
sites. Long delays lead to increases in architect and engineering
fees, increases in total cost, and rescheduling of use. Capital which
must be committed in anticipation of project approval accumulates
interest costs during delays. These additional costs in publicly
financed projects are, in turn, borne by the taxpayers.

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many large projects are financed with bonds. Long delays and
lack of predictability can prevent municipalities, special districts,
and port authorities from taking advantage of favorable bond market
conditions.

When the dredged material is suitable, the Department of Natural
Resources under Ch. 161, F.S. may direct that dredged spoil be used
for beach renourishment. Most dredged spoil may not be suitable
because of sediment size, or the contaminants trapped in the sediment,
and approval from the DER is required before dredged material may be
used for beach renourishment. Nevertheless, the beach renourishment
option may be a solution to many disposal problems in the future.

Recommendations

There is a genuine concern over finding suitable sites for the
disposal of dredged material. One of the fundamental conclusions
of the Army Corps of Engineers Dredged Material Research Program
(1973-1978) was "... that environmental considerations are acting
move strongly than possibly any force to necessitate long-range
regional planning as a lasting, effective solution to disposal
problems"m (R. Saucier, p. 7).

The Florida Coastal Management Program can assist with analyses,
-planning, and implementation of spoil disposal management strategies.

1. The Florida Coastal Management Program, through the Interagency
Management Committee, should assist with development of a program
for the long-range consideration of dredged material disposal
needs.

The environmental, economic, and other issues of spoil
disposal should be addressed in long-range plans. Consensus on
the best sites and disposal practices can be achieved through a
process which promotes an understanding of each area's problems
and is attentive to alternate approaches. As the Army Corps of
Engineers Dredged Material Research Program demonstrated, s...
there is no single disposal alternative that presumptively is
suitable for a region or a group of projects"m (R. Saucier, p. 7).

Comprehensive spoil disposal management strategies must
incorporate a number of tasks. These tasks, several of which are
listed below, are necessary to meet and to balance the different
objectives of spoil disposal.

a* Early identi'fication of the location, the estimated
volumes of spoil, and the conditions of areas expected
to be dredged.

b. Assess the condition of spoil areas used in the past.

co Assess the ecological and other land use implications of
alternate courses of action for candidate sites.

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d. Provide information on direct and indirect costs, and assess *
alternate courses of action for candidate sites.

e. Develop a mechanism for improved coordination of dredged
material disposal planning between the ports, and state,
federal, and local agencies, and ensure consistency between
all local, state and federal disposal programs.

~. Develop strategies for assuring that sites established under
the spoil disposal planning program will be available for
use, and that non-compatible uses will not restrict the
utility of each site for disposal.

2. The Florida Coastal Management Program and the Interagency
Management Committee will assist in the evaluation of cumulative
impacts associated with spoil disposal.

One of the most troublesome concerns blocking predictability
in the dredging and spoil disposal process is the gradual
alteration of the estuarine environment. The FCMP can provide
assistance in establishing a program to monitor and evaluate the
long-term impacts of dredging and spoil disposal and develop
long-term mitigation strategies.

3. The Florida Coastal Management Program and the Interagency
Management Committee will assist in the investigation and
design of multipurpose solutions to spoil'disposal problems.

Two major topics can be pursued under this recommendation:
(1) mitigation programs, and (2) productive uses of dredged
material.

There are several approaches to mitigation, but generally
it means taking action to reduce harmful effects or providing
compensation for unavoidable impacts. Federal and state
environmental agencies regularly apply mitigation requirements
to dredging and spoil disposal projects.

The FCMP can assist in identifying the uses of dredged
material which establish or restore marsh, island, or other
habitats and increase the carrying capacity of these areas.
The FCMP should support a mitigation planning approach which
addresses long-term and regional needs. Mitigation planning
provides an avenue for predicting economic impacts and
distributing mitigation costs over time. Because mitigation
planning addresses long-term and regional needs, it reduces
fragmented decisions and enhances the biological worth of
mitigation projects.

Although some dredged material is polluted or otherwise
unsuitable, much is clean and can be used in innovative projects.
Thus, the Florida Coastal Management Plan can assist in examining

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the suitability of spoil for recreational development, increasing
shoreline access, landfill for ports, aquaculture, and other
productive uses. Using suitable dredged material for beach
renourishment is an example of a possible productive use for
sandy sediments which are not contaminated.

MARINA SITING

Background

marina and boatyard operations are a major shorefront commercial
activity in Florida. While exact figures are not available for these
activities, it is estimated that statewide there are more than 800
facilities, with more than 500 of these located in Florida's 35 coastal
counties.

This large number of facilities is a direct reflection of the
popularity of recreational boating in the state. In 1978, Florida
ranked fifth nationally in the number of boats registered. in terms of
yachts greater than forty feet, Florida had more than any other state.
in terms of yachts greater than sixty five feet, Florida had about nine
times the number of its closest competitor, California. Florida thus
has not only a large boating population, but tends to have larger
vessels. This situation creates a demand for marina services. in
addition to marina services for Florida residents, a significant yearly
influx of waterborne visitors from other states causes additional
. demands on the marina industry.

To meet the varied and increasing demands of the boating public,
marina operations range in size and complexity from small boat rental
and launching facilities to major berthing and servicing facilities for
offshore vessels. The great diversity in market demand results in
considerably different operational needs and physical requirements for
marina siting. Understanding the basic needs of the marina industry
and providing a means for adequately accommodating this important
activity is one of the clearest, yet most controversial challenges
facing the Florida coastal management program.

Problems and Issues

Functional Aspects

In order to operate, marinas have several basic needs related to
site characteristics. Among these are:

� adequate protection from storms;

� adequate depths to accommodate vessels utilizing the
facility (including access to navigation channels);

II-208

*absence of strong currents which pose navigations

*adequate room for expansion;

*adequate land access for necessary services and
emergency vehicles;

*compatible Adjacent uses;

*reasonable running times to popular boating and
fishing waters;

*ability to perform timely routine maintenance on
slips, access channels, etc., and

*sufficient size to make the operation economically
feasible.

The importance of any one of these needs varies with the market
and the type of vessels being served, but collectively, they present a
almost impossible set of criteria to be met by an unmodified site in
Florida. Natural characteristics of most of Florida's coastal
shoreline are such that considerable alteration usually is required to
make a site usable. For marinas catering to the larger vessels,
preparation of the site normally requires costly engineering works,
some dredging and filling, as well as continuing maintenance on slips
and access channels. For those facilities catering to smaller vessels,
shoreline modifications can often be minimized through the use of dry
storage facilities, dock access to deeper water, and launching facil-
ities for trailered boats. In almost all cases, however, creation of
new marina facilities requires modification of the natural shoreline
and adjacent water bottom areas.

Environmental Aspects

Marinas share many of the same environmental problems as ports,
but on a smaller scale. The general lack of naturally suitable marina
sites often results in facilities being proposed in areas considered b~
regulatory agencies to be environmentally important. The prospect of
habitat destruction, potential water quality impacts from dredging
and filling, acute and chronic gas and oil spills, stormwater runoff,
sewage disposal problems and heavy metals, as well as the noise factor,
all tend to make marina operations less than desirable to many
environmental interests.

Socio-Economic Aspects

Marina operations are but one aspect of the broader marine
industry, which also includes boat, marine engine and accessories
manufacturing and repair; raw materials supply; marine electronic
sales and servicing; marine insurance companies; as well as financial
institutions engaged in financing marine facilities and equipment. It

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is estimated that the recreational boating portion of this economic
mix provides over 35,000 full and part-time jobs for Florida residents,
. ~exceeds $700 million in'sales annually, and has an annual payroll in
excess of $150 million. The marina industry is a central component of
this economic activity.

Marinas, like any other shorefront use, are subject to normal
economic pressures brought about by zoning, taxation, competing land
uses, and environmental regulation. However, marinas appear to be
subject to much greater operational uncertainties and financial
liabilities than is generally understood. Urban land values, fire
hazards, accidents caused by boater incompetence, hurricanes, fuel
shortages, regulatory requirements, as well as the inability to obtain
adequate insurance and financing at favorable rates all combine to
create economic risks that are making new or expanded marina operations
an increasingly uncompetitive economic activity. Yet, because of the
high value of merchandise in the sales rooms or berthed in the slips,
marina operations often project a deceptive image of glamour and
financial success.

Administrative and Regulatory Aspects

Marinas fall under a number of state regulatory programs,
including the Development of Regional Impact program.

Industry Perspective

Based upon a recent state survey, marina owners and oper-
ators, with few exceptions, feel that the demand for marina
services exceeds supply and that their inability or reluctance to
expand to meet the demand is related primarily to the functions of
government. Marina owners and operators feel strongly that they
are over regulated and over taxed and that a continuing
communications gap exists between the industry and government.
From the industry viewpoint, this results in a governmental lack
of understanding of, and basic misconceptions about the opera-
tional needs, economic benefits, as well as environmental impacts
of marinas. They argue that this in turn results in: (1) an
unwarranted environmental bias against marina construction, (2)
unreasonable siting requirements and permit conditions, which
effectively eliminate most practical siting options, and (3)
excessive time frames required to obtain state and federal permits
for construction or normal maintenance activities.

within this regulatory setting as well as the financial
liabilities mentioned earlier, marina construction and expansion
is becoming increasingly impractical, and conversi oil of 'needed
sites to more profitable, non-water dependent uses "is indirectly
being encouraged.

State Agency Perspective

From the regulatory perspective, state agencies, even if
sympathetic to the plight of marina operators, must make per-
mitting decisions based upon available information (primarily

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provided by the applicant) and state standards. information
often is'not adequate to determine the long range cumulative
impacts of proposed facilities, and agency experiences with
previous projects of similar nature become important to the f ii
decision. Additional information is needed to broaden the ran(
of considerations related to natural resource impacts and econc
factors which affect marine siting decisions.

Management Problema/Issues

The state coastal management program recognizes these central
problems and issqjeu dealing with marina siting.
1. As was noted in the previous discussion on state-owned submerge
lands, there is no effective mechanism for assuring that marina
regulatory practices under DER are consistent with management
principals and policies of the DNR State Lands Plan which is be
developed.

2. Information is inadequate for determining long term cumulative
environmental impacts of marina facilities, and there is no
effective mechanism for obtaining needed information or for
balancing environmental and economic considerations in final
permit decisions on marina siting.

3. There is no generally accepted method for identifying suitable
marina sites and no recognized set of criteria to avoid orW
minimize potential adverse impacts of marinas.

4. There is no effective forum for communication between the state
regulatory agencies and the marina industry, to reduce mniscon-
ceptions and unnecessary conflict.

5. Local land use and zoning plans generally reflect no recognition
of marina needs and do not adequately provide for accommodating
this use.

Recommendations

There are a number of possible actions that can be taken to
improve the state's ability for to deal with marina siting questions.
The state Coastal Management Program will:

1. Fully utilize the existing State Interagency Management Committee
on Natural Resources to examine marina siting issues and to make
recommendations for the resolution of those issues.

Among the topics that could be addressed by the Interagency
Management Committee are:

* Agency applied research needs for to marina siting,
including marina siting methods, marina design, cumulative
environmental impacts, and legal considerations.

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* Development of necessary legislation to facilitate
systematic balancing of environmental and economic
factors in the permitting process.
* Criteria for determining the conditions under which
environmental and economic tradeoffs should be made.

* Mechanisms for achieving consistency between the State
Lands Plan of DNR and the regulatory programs of DER as
they pertain to marina siting.

2. Establishment of closer coordination between local comprehensive
planning required under Chapter 163, F.S. and state and federal
natural resource management and regulatory programs.

Chapter 163, F.S. (Local Government Comprehensive Planning
Act), can provide a legal basis for addressing marina siting
questions in an orderly, less controversial manner. Under the
state coastal management program, increased efforts will be made
to improve the technical ability of local land use and zoning
plans to accommodate marina needs, and assure consistency of local
planning with state and federal goals, objectives and policies.
Steps that will be taken include:

** Provision for state technical and financial assistance to
local government through cooperative interagency efforts and
agreements.

* * ~~Joint state and local planning and management efforts related
to marina site selection, especially in Aquatic Preserves and
other Areas of Special Management.

3. Establishment of a close working relationship between the
Florida Sea Grant and Florida Coastal Management Programs.

The Florida Sea Grant Marine Advisory Program is already
actively involved in marine industry activities. Among other
things, this program provides applied research and advisory
services to the private sector to help facilitate environmentally
acceptable and economically viable marina operations. Under the
coastal management program, the following actions will be taken to
improve the working relationships between the two programs:

* Utilization of the marine Advisory Program to help provide a
forum for communication between the marina industry and state
and local government (identification of regional marina
needs, design considerations, permitting processes, etc.)

* Joint Sea Grant and Coastal Zone Management projects to
meet state agency applied research needs related to marina
siting.

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WATER RELATED ENERGY FACILITIES

Two major water-related coastal activities are involved with
energy -- electrical generating facilities and Outer Continental Shel:
(OCS) oil and gas operations. Many OCS facilit ies, such as service
bases and pipelines, must have shoreline locations. In Florida,
electric power companies often must look to the coast for cooling wat(
because of constraints on freshwater consumption. Careful siting and
design of these facilities is a necessary part of a national, regiona.]
and local effort to meet energy needs. The Florida Coastal Management
Program (FCXP) includes both of these energy industries as coastal
development issues meriting special attention.

In both Part I and II, the FCMP identified several major
concerns: (1) effective and efficient implementation of statutory
responsibilities, (2) conflicts between governmental programs and
agencies, (3) lack of predictability in decisions on,-facility siting
proposals, and (4) time consuming governmental reviews of development
proposals. There are few areas in which the need to address these
concerns is more pressing than in energy facility siting.

The relationship between these issues and the siting of energy
facilities has received attention at the national level. Congress
addressed energy development in 1976 amendments to the Federal Coastal
Zone Management Act of 1972 (CZKA). The federal Act requires that
state coastal management programs include a planning process for
energy facilities which are likely to require coastal locations or
which may significantly affect the coast. A separate "Energy
Facilities Planning' element is included in this document to fullf ill
the requirements of the federal Act and to provide the background
discussion for this issue of special focus. The federal act also
requires that in order to be eligible for federal funding, Florida's
coastal management program must provide for "adequate consideration of
the national interest involved in planning for, and in the siting of
facilities (including energy facilities)" (CZMA, Section 306(c)(8))
where the concern is to meet needs which are other than local in
nature. As in the "Energy Facilities Planning* element, a specific
"National Interest' component is included in this document to cover thE
federal requirements and to complement the discussions in this issue of
special focus.

Electric Generating Plants

Barring exceptional circumstances, Florida will continue to
experience significant increases in population, primarily along its
coastal fringe. The state also will continue its efforts to establish
a strong, diversified economy. An adequate, stable supply of elec-
trical energy is required to maintain a high quality of life and to
insure that desirable industries are attracted.

The Florida Coastal Management Program can assist energy
facility siting by (1) coordinating existing management processes i

II-213

* ~more effectively, thus reducing delays, duplication, and confusion,
(2) promoting effective and clear implementation of existing Processes,
and (3) promoting predictability in site plan reviews and subsequent
siting decisions.

The "Energy Facilities Planning Element", required under the
provisions of the federal CZMA, and included in this section provides
the framework for the recommendations contained in this issue of
special focus. The "Energy Facilities" element contains the following
areas of discussion: (1) an examination of the anticipated electrical
energy demands and facilities in the state; (2) an identification of
the environmental, social, and economic effects of electrical facil-
ities; and (3) an identification of the state's legal authority and
management processes affecting power plant siting. These and other
discussions in the FCMP conclude that present policies, laws, and
administrative rules satisfactorily address the federal requirements
for managing energy facilities. However, at the same time, coastal
management studies reveal areas of the planning process that could be
improved. Thus, the final discussion in this element covers several
recommendations for action by the FCMP.

The Requirements and Impacts of Electric Generating Plants and
Ancillary Facilities-

There are several factors which affect the siting of fossil fuel,
resource recovery, and nuclear power plants in coastal areas. Coastal
* ~areas have the natural resources and the population centers which
attract energy facilities (for a detailed discussion of electric
is facilities, see "The Coastal Zone Management Act: Requirements for the
Management of Energy Facilities in the Coastal Zone*; DOA, 1978).

Water is the most critical natural resource affecting the loca-
tion of electric generating facilities. in Florida, where useable
fresh water supplies are limited, coastal areas are attractive sources
of cooling water. Since utilities often look toward the coast for
potential sites, special consideration must be given to the effects of
electrical facilities on estuaries and marshes.

Development in coastal areas also is related to the siting of
power plants and associated facilities. Population growth in coastal
areas and the rising ratio between coastal residents versus those in
inland areas is an important locational consideration. The economies
of transmitting electrical energy promote siting electrical generating
facilities near population centers on the coast.

Access to coastal transportation traditionally has influenced
important siting decisions and will be more important in the future.
Power plants require fuel, and, except for relatively untested sources
of electricity such as solar power, Florida lacks conventional energy
resources for large scale generation of power. Most of the major rail,
water, and port facilities needed to move fuel economically from
outside the state are on the coast. With the emerging national energy
is policy moving toward greater use of coal, the ability to transport and

11-214

store large amounts of fuel will become more important in power plant
siting decisions.

Electric generating plants need space for bulk fuel storage, and
for aesthetic and public safety requirements.' Related to the land
requirements is the need for suitable soil foundations. These are
among the land, water, economic, and engineering factors which the
utilities and public agencies consider during the siting process. The
discussion contained in the 'Program Authorities' and "Energy Facil-
ities Planning Element' describe the state statutory authorities and
programs which provide for the consideration of requirements and
impacts of power plants and transmission lines.

Recommendations

Energy will be one of the major issues during the 1980's. There
will be very few areas where this issue will be felt more keenly than
along the populated coastline since the coast will remain important to
electric utilities.

Many factors make the forecasting of generation and fuel require-
ments and planning of new electric generating facilities increasingly
uncertain. At the federal level, the full effects of new initiatives
such as the National Energy Act and the Fuel Use Act have yet to be
assessed. Planning and operating efforts are also hampered by the
threat of oil embargos, labor disputes, and governmental impacts on
planning, operating, and rate-making processes. The state of the
national economy creates its own uncertainties which affect the
financing of facilities. In brief, the energy outlook is not clear,
and the state should take a positive role in coordinating its own
efforts and increasing the predictability of siting electric gener-
ating facilities.

1. The Florida Coastal Management Program working through the
Interagency Management Committee and in conjunction with outside
and industry organizations will assist in the development and
implementation of an in-depth program to address the suitability
of once-through-cooling sites for electric generating plants
and ancillary facilities.

The evaluation of potential power plant sites conducted by
the state Once-Through-Cooling Site Task Force concluded, among
other things, that work was necessary to "turn up the power" on
the sites identified in the Task Force report and to increase
predictability in siting processes. The following tasks have
been proposed: (1) pursue detailed environmental suitability
assessments, (2) assess compatibility with local land use, zoning,
and growth management objectives, (3) assess proximity to and
enhancement of the transmission grid, (4) determine availability
of service (make-up) water and consumptive use permits, and (5)
examine air quality impacts at prospective sites.

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2. The Florida Coastal Management Program will anticipate future
needs by assisting in the investigation of power plant cooling
alternatives.

New opportunities for power plant cooling have been suggested
for populated areas such as South Florida where fresh water
supplies are critical and the coastal environment is sensitive.
The acceptability of these sites would depend on whether brackish
water from the deep Floridan Aquifer could be used for cooling.
This potential cooling source should be examined for its
environmental, economic, and land use feasibility since it could
avoid many of the coastal impact problems.

3. The Florida Coastal Management Program will assist the Department
of Community Affairs in the development of guidelines and review
of electric utilities ten-year site plans.

Many difficulties associated with siting power plants and
ancillary facilities, such as impacts associated with the trans-
portation and storage of large volumes of coal, can be examined
and resolved early in the planning process before much money and
time are committed. The efficiency of power plant siting would be
promoted by increasing the capability of ten-year site plan
reviews and by effectively coordinating these reviews with the
Department of Environmental Regulation.

Outer Continental Shelf (OCS) Related oil and Natural Gas Activities

* ~overview

one of the nation's most critical issues is the timely development
of energy resources. Former Undersecretary of the Interior, James J.
Joseph has said 'The current international situation underscores the
importance of finding responsible and acceptable means of improving
production of our domestic resources". Painting out that the outer
Continental Shelf (OCS) represents one of the keys to this nation's
energy independence, Joseph said: "Oil and gas remain our cheapest,
cleanest, most flexible and transportable resource and OCS production
provides jobs and puts money into the pockets of American taxpayers,
not foreign powers-* (J. Joseph to National OCS Advisory Board,
December 6, 1979).

The Secretary of the interior is directed to develop oil and gas
resources of the OCS under the Outer Continental Shelf Lands Act. The
purpose of the Outer Continental Shelf Lands Act (OCS, Lands Act), as
amended (92Stat-632), is to make oil and gas resources available to
meet the nation's energy needs as rapidly as possible, and to balance
orderly energy resource development with the protection of the coastal,
marine, and human environments (Section 102). According to section 18
of this Act, the Secretary of the Interior is directed to prepare a
leasing program to implement the policies of the Act, defined as
consisting of: 'a schedule of proposed lease sales indicating ... the
* ~size and location of leasing activity which he determines will best
meet national energy needs for the five year period following its
approval or reapproval.'

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A five year leasing schedule (1980 to 1985) recently proposed
by the Department of the Interior, (Five Year OCS Oil and Gas Lease
.Schedule) has demonstrated the intent to aggressively pursue the
national goal of energy self sufficiency. Under the proposed schedul(
Gulf of Mexico and South Atlantic lease sales will increase off the
coast of Florida. By March, 1985, out of a total of thirty-one lease
sales nationwide, eleven will have been held for the Gulf of Mexico at
two lease sales will have been held for the South Atlantic.

Accelerated leasing activity in the eastern Gulf of Mexico and
South Atlantic will be one of the largest and most organized federal
actions to directly affect the state. If the leasing effort results
the discovery of marketable hydrocarbons, the state will be confrontec
by a comprehensive federal government and private industry initiative.

The state then must to do its part to reduce uncertainty in the
development of energy facilities and to assure that the protection of
the natural and human environments is balanced with the exploitation
of energy resources. The state must: (1) assess its responsibility
and ability in OCS energy-related matters; (2) work in concert with
all levels of government and the petroleum industry to develop a
workable siting process for nearshore and shoreline facilities; and
(3) develop coherent, unified planning and policy approaches to OCS
related issues.

- Three federal laws give states a voice in OCS related matters:
The National Environmental Policy Act, the OCS Lands Act as amended in
1978, and the Coastal Zone Management Act (CZMA) as amended. TheW
"Energy Facilities Planning" element (Part IIr Section Two.I.) of the
FCMP discusses particular opportunities for state and local involvemen
provided by these laws.

Major OCS oil and gas operations will create environmental,
fiscal, social, and administrative problems. Recognizing the need to
anticipate and manage the possible adverse effects of OCS related
activity, Congress has provided states and local governments with
assistance under section 308 of the CZMA. Substantial federal grants
and loans are available under this section (Coastal Energy Impact
Program) to help states plan for problems associated with OCS energy
related developments and help with the financing of public facilities
and services required by energy development. Specific assistance is
available to local governments to meet potential impacts caused by OCS
activities.

State and local participation in OCS activities do not end with
piecemeal public agency reviews of individual federal and industry
proposals. The orderly development of Outer Continental Shelf
resources, subject to environmental safeguards, cannot be pursued
without organized state and local policy positions which reflect the
needs and impacts of OCS activities. Full state participation in OCS
decisions, if it is to express a partnership with the federal govern-
ment and private industry, rests on the ability of the state to refine

11-217

f ~its OCS related responsibilities, achieve cooperation among its
agencies, and give a clear and sufficient indication of its concerns.

Planning for the onshore impacts of offshore oil
development is not easy. The location and extent
of economically recoverable reserves, and the
required number of onshore facilities, will not
be known until after discoveries are made. For
most OCS leasing areas, there are a number of
potential onshore sites for facilities. Decisions
about siting and construction are dependent upon
a complex array of industry, economic, and planning
criteria. To be prepared to influence siting and
management impacts, states and communities will
have to plan in advance for events that may
never occur, creating contingency plans to be
used when proposals are made for onshore facil-
ities. (Department of the Interior, 1978).

Florida's environmental, economic and social characteristics point
to impending conflicts between the parties involved in OCS activities.
Of f the coasts of California, New England, New Jersey, and Alaska,
where the federal government has made lease sales, lengthy disputes and
litigation have resulted in additional costs and delays in the pursuit
of new energy resources. The severity of these conflicts would have
been reduced, in most cases, if state OCS related policies had been
articulated and all concerns discussed early in the federal
O ~decision-making process.

issues of OCS Related Activities

The rapid fluctuations associated with OCS oil and gas operations
are different from the types of development activity that usually occur
in Florida. Although an offshore field may operate for thirty to forty
years, there are several phases in which acceleration or deceleration
of activity has major impacts on both communities and natural systems.
These paragraphs provide a summary of the issues associated with OCS
development. A discussion of the Florida management processes which
relate to the requirements and impacts of OCS facilities and
activities, is given in "Energy Facilities Planningo.

Because of the 'pressure cooker' atmosphere of oil and gas related
activity, an impending OCS development can force people to make major
decisions about their community and environment in a very short time.
Consequently* the rate of change alone stresses the social, economic,
and natural environments; stress which under more familiar types of
development is not nearly as acute.

A second distinction is between the impacts associated with energy
recovery and those which accompany other types of development. This
distinction concerns the "qualitative" aspects of OCS impacts as
opposed to the 'quantitative" aspects produced solely by the rate of
change. The following examples highlight the nature of these quali-
tative impacts, but are by no means all-inclusive. The diversity of
W ~OCS operations precludes any such inventory.

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One striking characteristic of oil and gas exploration and 1
reco'~ery is the narrow range of siting requirements for OCS shorelineW
facilities. Many facilities need a variety of transportation systems
and available municipal services. A pipe coating plant, for instance
needs level land, dockage, rail service, access to adequate naviga-
tional depths, and housing. These siting constraints often make it
difficult to suggest alternate sites which are acceptable to all
parties. Coordination among public agencies and between the public
sector and private industry is critical to minimizing conflicts and
impacts.

The transportation requirements of OCS activities put heavy
demands upon regional roads. The increased use of roads and larger
load lengths creates traffic congestion which generally does not occur
with other types of development. In addition, heavy vehicle loads
contribute to more road wear for the many coastal roads which rest on
unconsolidated soils.

Anothe'r major characteristic of oil and gas exploration and
recovery is the occupational diversity associated with various phases
of construction. Offshore pipeline construction, for example, requirE
twenty-f ive separate job types (approximately 96 employees). One of
the primary drilling operations, exploratory drilling, involves some
thirty-two different job types.

If the exploration for and extraction of energy resources__
increases in the eastern Gulf of Mexico and the south Atlantic, parts is
of the Florida coast will change. The pace and intensity of OCS
operations may affect state and local interests in a. variety of ways:
environmental disruption, transportation, state and local revenue
gains, new economic opportunities, altered job markets, expenditures
for expanded public services, and new onshore facilities, if produc-
tion of oil and natural gas occurs off the Florida coast, the energy
demands of the nation will exercise considerable pressures on the stat
to accommodate these changes.

Opportunities For State and Local Involvement In Outer Continental
Shelf Activities

The impacts of OCS activities affect two major jurisdictions: th.
federally 'owned" area beyond the territorial sea and the state "owned
territorial sea and its coastal onshore area. Clearly, many decisions
on activities on the continental shelf in federal waters, concern the
citizens of Florida. These concerns are connected with such things as
(1) operations that may affect commercial and sport fisheries; (2)
activities that require coal tal staging, processing, and transportation
facilities; (3) possible ofi well blowouts and oil spills that may
affect fishing, recreation, and vulnerable natural areas; .(4)
management decisions for state-owned lands; (5) increased economic
activity:, and (6) decreased dependency an foreign oil.

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Federal Consistency, National Interest, and Their Relationship to
* ~OCS Related Activities

OCS activities requiring federal licenses and permits are subject
to compliance with the federal CZMA consistency provision. Also, under
the CZMA a means must be identified for the continued consideration of
the national interest in facilities serving more than local needs.
Discussions on the national interest are provided in Part II, Section
Two.G. A discussion on federal consistency and its relationship to OCS
oil and natural gas exploration, development and production plans is
given under nFederal Consistency".

Recommendations

The search for energy resources of f Florida's coast is a component
of the national energy policy. If the resources are discovered, they
must be recovered and developed in a manner which is responsive to the
quality of life enjoyed by the citizens of the state.

A response to OCS related activity and preparation for leasing off
the Florida coast will require participation from a variety of public
agencies. Exclusive authority for developing state OCS policy cannot
be invested in any one agency because of the range of agency authority,
expertise, and involvement.

Nevertheless, Florida's energy management process can be improved
* ~to deal efficiently with the complexities of OCS decision-making and to
be responsive to the potential magnitude of the effects of OCS related
activities. The Florida Coastal Management Program can assist to
establish a smoother, more predictable, and affirmative energy
management process.

1. The Florida Coastal Management Program will support the state
Outer Continental Shelf Advisory Committee in its efforts to
strengthen state decision-making capability and coordinate with
the petroleum industry, local government, and affected interest
groups.

The Outer Continental Shelf Advisory Committee is adminis-
tered through the Governor's Office and is composed of state
agency personnel, representatives from the petroleum industry,
and organized environmental groups. Representatives from local
government also participate. This group performs such functions
as: (1) gathering information, and analysis, (2) coordinating
state responses to OCS issues, and (3) supporting the Gulf of
Mexico and South Atlantic Regional Technical Working Groups.
(For discussion of OCS Advisory Committee see attachment to
Federal Consistency section).

if a commercial discovery of oil or gas is found which
affects the state significantly, the OCS Advisory Committee will
provide the basis for forming the Department of Interior, Bureau
0 ~~of Land Management, Intergovernmental Planning Program State
Technical Working Group Subcommittee.

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Florida Coastal Management Program will assist in the devel-
nt of a coordinated state level approach to OCS related
vities and assist effective state participation in federal
dIndustry OCS decision-making processes which significantly
affect state interests.

Current state-level problems with duplication, -lack of
coordination, conflict between program responsibilities, and
the length of time spent on decisions concerning industry
proposals, point toward more acute difficulties under broad
federal initiatives on the OCS. The stAte, through the OCS
Participation Program in the Governor's Office, will identify
deficiencies in the existing management processes, develop genera
policy approaches, promote the consent of agencies on unified
approaches to OCS issues, provide assistance to local governments
and encourage coordination between industry, state and local
officials before plans are finalized. In addition to promoting
more clear state decisions regarding OCS energy facilities and
federal actions, the state OCS program will provide stronger stat
participation and influence in the Regional and State Technical
Working Groups.

3. The Florida Coastal Management Program will assist the Depart-
ment of Veteran and Community Affairs in refining Development
of Regional Impact guidelines for OCS related facilities, and
assist DER in exploring the potential role of the Industrial
Siting Act as it applies to oil and gas facilities.

The guidelines for OCS related facilities and other petroleum
related complexes will provide a foundation for discussing state
and local concerns and expediting the DRI review process. Clear
guidelines concerning these facilities will facilitate responses
to industry concerning judgements about potential environmental,
economic, and social impacts.

A clearer knowledge of the Industrial Siting Act's effects or
oil and gas siting decisions will provide a better understanding
of the benefits of this Act and possibly lead to improvements in
the Act.

4. The Florida Coastal Management Program will coordinate with the
Department of Veteran and Community Affairs' Coastal Energy
Impact Program.

The Coastal Energy Impact Program offers many opportunities
to assist local governments to understand the implications of
energy development and to develop strategies to receive the
maximum benefits of energy facility development at the lowest
reasonable cost. The CEIP's Allocation Strategy Plan will be
considered before any decision is made to assist OCS related
pro-jects.

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I 5. ~The Florida Coastal Management Program, in assessing the con-
sistency of the federal license and permit activities described
in detail in OCS plans, will carry out the following responsi-
bilities: (1) work with the OCS Advisory Committee, (2) execute
timely reviews of OCS plans and reports; and (3) to the greatest
extent, use the consistency review as a means to expedite sub-
sequent state, regional, and local decisions.

The determination of consistency is the first formal state
review of many major OCS related activities. Since it occurs
early in the siting process, the review provides an opportunity to
begin coordination between the various actors in OCS related
decisions, to outline public and private sector concerns, and,
generally, to smooth the way into later, more site specific
management processes.

COMMERCIAL AND RECREATIONAL FISHERIES

The growth of the importance and popularity of fishing in Florida
parallels the growth in population. Florida established its reputation
as a sport fishing paradise for tarpon, bonefish, sailfish, snook and
many other species in the late 1800's. Commercial fishing grew rapidly
as commercial storage, transportation, and marketing techniques
improved. In the decades after World War II, the flourishing tourist
industry, growing prosperity, and more recreational time multiplied the
ranks of sport fishermen. Commercial fishermen increased more slowly.
o Over the years, exploitation of the fishery has increased in efficiency
and effectiveness through the use of sonar, depth recorders, loran,
radar, power trawling, and spotter airplanes.-

The Economic Value of Florida's Commercial and Sport Fishing

Economic Impacts of Commercial Fishing

Statistics on the landings and the dockside value of fisheries are
gathered by the U.S. Department of Commerce, National Marine Fisheries
Services (NMFS). By sampling fishing ports around the state, the NMFS
determines the size of the catch and its value for each species on a
monthly basis. Although the data are not absolute reflections of catch
(Florida Department of Natural Resources, 1976; Pierce and Hughes,
1979), the NMFS statistics presented in Tables 7 and 8 are indicators
of the catch and its value.

The figures presented by the NMFS report only the dockside value.
Commercial fisheries also provide employment and other benefits far
beyond the immediate sale of the fish or shellfish. The economic
impact of the commercial fisherman includes not only the sale of the
fish but also expenditures on new vessels, maintenance, fuel,
financing, ice, etc. The Florida commercial fishing sector sold
$73.7 million of fish and shellfish in 1975,. These sales generated
$50.7 million for industries wihich provided various services for the
O fishermen (Prachaska and Morris, 1978).

II-222

TABLE 7

FLORIDA FIN FISH COMMERCIAL LANDINGS1

EAST COAST WEST COAST

Pounds Dollars Pounds Dollars

19742 33,897,500 6,058,036.00 72,644,104 17,314,984.00

19752 34,832,815 6,777,299.00 64,821,730 16,896,990.00

19762 36,221,124 8,912,533.00 60,411,186 18,606,586.00

19773 38,503,000 8,961,000.00 47,317,000 17,496,000.00

19783 34,689,000 10,040,000.00 55,986,000 18,701,000.00

TABLE 8

FLORIDA SHELLFISH COMMERCIAL LANDINGS1

EAST COAST WEST COAST

Pounds Dollars Pounds Dollars

19742 17,051,862 10,179,650.00 50,609,140 34,540,406.00

19752 11,374,288 9,613,078.00 51,626,950 40,444,329.00

19762 9,040,702 8,789,327.00 50,725,325 51,545,938.00

19773 9,351,000 9,264,000.00 56,041,000 53,710,000.00

19783 9,183,000 8,677,000.00 54,175,000 53,747,000.00

1prices shown are those paid to the fisherman.

2NMFS statistics reported in Florida Department of Natural
Resources, Summary of Florida Commercial Marine Landings.

3Preliminary data, unpublished by NMFS.

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Direct sales to and by fishermen are not the only economic
impacts of the commercial fishing industry. Economic impacts also
spread into processing, marketing, and retailing areas as well. For
example, the Florida Restaurant Association reports that more than one
half of the food served in restaurants is seafood. Allen Morris and
Fred Prochaska report (1979) the following employment for fish
processing establishments and total values of processed fishery
products in Florida (Tables 9 and 10).

Commercial seafood statistics indicate the number of jobs, income,
tax revenues, and other benefits that accompany the commercial fishing
industry. But we must not lose sight of the most important value of
all; that through the seafood industry, a nutritious and desirable food
is made available to a variety of people. Many of these people, such
as the elderly or poor, need a competitive source of nutrition, yet
they cannot catch their own fish. The commercial fishing industry has
an important place, not only in the marketplace, but also in filling
basic health and social needs.

Economic Impacts of Recreational Fishing

Although no records equivalent to commercial landings exist for
recreational fishing, national assessments of this industry estimate
that recreational fishing yields twice the economic benefits (employ-
ment, etc.) and 40% of the food for human consumption as commercial
fisheries (National Marine Fisheries Service, 1975). Recreational
. ~fishing also is a principal motivator behind the success of other
outdoor recreational industries such as boating.

From North Carolina to Florida, the number of anglers is increas-
ing at a rate estimated to be twice the population rate in the United
States (Hinman, 1978). Tourist surveys conducted by the Florida
Department of Commerce indicate that in 1978, 26% of the 22 million
auto travelers and 6.6% of the 10 million air travelers find fishing
one of the outstanding attractions of Florida (Florida Department of
Commerce, 1979).

In sum, recreational fishing makes a large contribution to the
state's economy. Of the millions of tourists who visit Florida each
year, many come for the fishing. Additionally, many of our residents
sustain themselves and their families on catches derived from recrea-
tional fishing. Thus, it is certain that recreational fishing will
continue to play an important part among our coastal activities.

Major Federal Legislation and Programs Related to Fisheries

Many federal agencies have missions which are carried out within
Florida's coastal areas and which affect various aspects of our
fisheries. The U.S. Army Corps of Engineers, the U.S. Fish and
Wildlife Service, and the U.S. Department of Commerce's Economic
Development Administration, along with other federal agencies, have
important responsibilities which concern fisheries habitats or devel-
* ~opment. The legislation and programs described in the following,

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TABLE 9

FLORIDA FISH AND SHELLFISH PROCESSING ESTABLISHMENTS

Year Average Employment - Year

1970 4675

1971 4745

1972 4722

1973 4812

1974 4150

1975 4073

TABLE 10

VALUE OF PROCESSED FISHERY PRODUCTS IN FLORIDA

Year State Total - Millions of Dollars

Current Real
Dollars Dollars1

1970 111.8 85.3

1971 127.5 86.9

1972 132.0 74.7

1973 157.9 75.8

1974 135.3 64.7

1975 156.3 59.9

1A simple average of the wholesale price indices for frozen
packaged fish and other seafood and fresh packed fish and other
seafood was used to obtain real dollars; 1967 - 100.

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directly address fisheries, and are areas with which the FCMP must
O ~work closely in dealing with fishery issues.

The Magnuson Fishery Conservation and Management Act of 1976
(PL 95-265)

The U.S. Fishery Conservation and Management Act of 1976 is the
most significant piece of federal legislation affecting marine fishery
resources. It is designed to perpetuate the nation's fishery resources
and to promote efficient utilization. The Act:

1. Sets forth "national standards" for the management of fisheries.

2. Establishes a 200 mile "fishery conservation zone', which extends
from the boundary of state sovereignty out to a distance 200
nautical miles from the baseline from which the territorial sea is
measured; and declares an exclusive national jurisdication over
all fishery resources in that zone, including oceanic species that
move into estuaries or rivers to spawn and fishery resources of
the Continental shelf. The highly migratory tunas, skipjack,
yellowfin, bigeye, and bluefin tunas and albacore, are excluded.

3. Declares that fishing by foreign vessels within the U.S. fishery
conservation zone no longer will be allowed except under an
international fishery agreement and with permits specific to each
fishery in conformance with a fishery management plan.

4. Emphasizes regional development of fishery management plans by
establishing eight regional fishery management councils. Voting
members of each council include the principal fishery management
official in each State in the region, the NMFS regional director,
and individuals selected by the Secretary of Commerce from lists
submitted by State Governors in the region. The councils, which
are supported through the U.S. Department of Commerce, prepare
fishery management plans for both domestic and foreign fishing in
the fishery conservation zone.

The regional fishery management councils have the authority and
funding to set up their own staffs and also to draw upon the
services and facilities of the National Marine Fisheries Service
and other federal agencies to organize, develop, and evaluate
information on the development of management plans. Florida is a
member of two councils: the Gulf of Mexico Fishery Management
Council and the South Atlantic Fishery Management Council.

Saltonstall - Kennedy. Act

The United States had a fisheries trade deficit of $2.2 billion
in 1978. The National Advisory Committee on Oceans and Atmosphere
reported in 1979 that with a potential of perhaps 20% of the world
catch, but with a current actual share of only 4%, United States

iT-226

fisheries generally can be considered an underutilized resource.
Fisheries thus are an appropriate area for the investment of public 0
funds in programs promising good returns to the nation.

The Saltonstall - Kennedy Act established a reserve fund to
further the development of the fishing industry in the United States.
Funded on a competitive basis, any person or group, including state
and local governments, may propose projects and apply for funding.

Coastal Zone Management Act

President 'Carter, in his second Environmental Message (August 2,
1979), set out the Administration's concern for fisheries within the
context of coastal management: "Nearly half of our multibillion dolle
fishing industry depends directly on nearshore waters where fish spawr
and feed". The President said that more than 50% of the Atlantic
shellfish beds alone have been closed by contamination. Florida's
shellfish areas also have suffered from pollution.

Protection of fisheries habitat and the proper siting of water
dependent facilities such as fishing facilities are among the national
purposes of the federal Coastal Zone Management Act (Knecht, April 19,
1979 and September 17, 1979). State coastal management programs are
encouraged by the Act to manage or guide land and water uses .
seaward to the outer limit of the United States territorial sea
(Section 304). State coastal management agencies are given an
opportunity to participate in decisions affecting inshore and
offshore fisheries and their utilization.

As a part of its funding to state coastal programs, the federal
Office of Coastal Zone Management provides support to states. The goa
of the N.O.A.A. Federal/State Fisheries Program is to help states meet
the purpose of the CZMA as it applies specifically to living marine
resources in the territorial sea and to shoreside facilities.

The Florida Coastal Management Program will not develop a separat
fisheries expertise, but will work with the Florida Department of
Natural Resources, the Florida Game and Fresh Water Fish Commission,
and other agencies having fishery responsibilities, in the development
and implementation of a comprehensive management program for living
resources.

National Marine Fisheries Service

The National Marine Fisheries Service is the marine resources
arm of the National Oceanic and Atmospheric Administration in the
Department of Commerce* The agency is responsible for implementing
the Fishery Conservation and Management Act, law enforcement, fishery
statistics, marine recreation surveys, habitat protection, and marine
mammals and endangered species management.

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State Legislation and Responsibilities

A major part of the nation's overall ocean resources lie within
the territorial sea under state jurisdiction. As steward for these
national resources, states have a responsibility to look after the
well being of the commercial and recreational fishing industries.
The following factors underscore the vital role of the state to
protect and encourage the proper development of marine resources.

- Florida's onshore areas support many activities which are
necessary for commercial and recreational fishing. Ports and
fishery processing facilities, transportation facilities, and
support services must be located on or close to the shore. Decent
recreational fishing depends on adequate access to fishing areas.

- The state's coastal wetlands and adjacent estuarine areas
provide habitat for fish and shellfish. The health of estuarine
areas is important to all the important finfish and shellfish
industries (see also discussion aiqd recommendations in 'Estuaries'
included in the Issues of Special Focus).

- The nearshore and offshore waters of the state provide fish
habitat and are important to the activities of the commercial
and recreational fishermen.

Florida manages its marine fisheries primarily through the
S ~implementation of Chapter 370, P.S., Saltwater Fisheries. The law
is administered by the Department of Natural Resources, Division of
Marine Resources and the Law Enforcement division. For the most part,
the state manages its fisheries (primarily commercial fisheries) by a
variety of regulations which restrict user access and efficiency.
These include size limits, seasonal closures, gear restrictions and
limitations, area closures, and requirements for permits or licenses
under certain conditions or in particular areas. In addition to the
primary state authority affecting fisheries, numerous special acts of
the legislature regulate harvesting of fish within county boundaries.

Chapter 370 directly affects fisheries and the users of the
resource. Less apparent, but no less significant, are state and local
laws which indirectly affect fisheries. Water resources and pollution
control laws (Chapter 376 and Chapter 403, P.S.) and laws authorizing
the management of publicly owned lands (Chapter 253, F.S.) are impor-
tant to insure the quality of aquatic and wetland habitats and to
oversee the use of estuarine and bay bottoms. These laws are strong
management and regulatory instruments clearly affecting nearshore and
shoreline areas where they protect important fish and shellfish
habitats.

in 1980, the legislature created the Saltwater Fisheries Study
and Advisory Council whose 13 members represent commercial, recrea-
tional, environmental, and consumer interests, as well as both houses
of the Legislature. The Council is directed to recommend to the

11-228

Legislature, by February 1, 1982, a comprehensive saltwater fishery
conservation and management policy for the saltwaters of the state.

Upon adoption of the policy, the council will develop recommen-
dations that, at the minimum, include:

1. State standards to be used in managing and conserving the salt-
water fisheries consistent with the policy.

2. Recommendations for new legislation or amendments to existing
legislation. Such recommendations shall address existing general
acts and special acts relating to saltwater fisheries, and
delegation of rulemaking authority to the executive branch to
carry out the policy.

3. Recommendations as to appropriate administration of the policy,
including appropriate agency or agencies under the executive
branch to be charged with administering the policy and appropriat
funding of the agency or agencies.

4. Recommendations providing for the appropriate funding of the
policy. Such recommendations shall address permitting of all
fishing activity in the state territorial waters, and fees for
inspection and supervision of quality control of saltwater
products.

5. Recommendations for enforcement of the policy, and funding for
enforcement efforts.

6. Recommendations on marina habitat improvement and fish propagatio
to increase the abundance of fish.

7. Recommendations on marine fisheries research programs.

8. Recommendations on a salt and fresh water boundary for enforcemen
purposes.

9. Recommendations of procedures for continuing review and update of
the policy.

Commercial and Recreational Fisheries Issues

The problems confronting Florida's commercial and recreational
fisherman are not simple. They are embedded in such paramount coastal
issues as loss of access to the shore, pollution, and loss of habitat.
As Florida's population grows, and as the demands placed on its
resources and competition for valuable shoreline space intensify, the
state's fishermen will be among the first to feel the impacts.

Protecti-on Of Fisheries Habitat

most fish and shellfish are dependent on the state's sheltered
estuaries and bays and other nearshore areas during all or part of

11-229

.their life cycles. National Marine Fisheries Service landing statis-
tics indicate that in 1976, about I,757 million pounds of fish and
shellfish valued at nearly $390 Million were taken from the Gulf of
Mexico and northern Gulf estuaries. Of these totals, about 89% of the
catch and 92% of the value of commercial fisheries were species
considered to be dependent on estuaries for the completion of all or
part of their life cycles (Diener, 1979; Sykes, 1967). Moreover,
approximately 70% of the recreational fishery is estuarine-dependent
(Lindall and Saloman, 1977).

Some saltwater animals spend their life in estuaries, while most
spawn offshore and the young move into estuaries to feed, avoid
predators, and find cover and suitable growth conditions. Tarpon,
snook, sea bass, seatrout, menhaden, gag and red grouper, bluefish,
cobia, shrimp, jacks, pompano, snappers, bay scallops, mackerels,
sheepshead, and drum - to name a few - use estuaries as nursery areas.
in addition to providing habitat for saltwater animals of recreational
and commercial importance, marshes, mangroves, and seagrass beds
function naturally in filtering run-off, storing water, recycling
nutrients, and controlling erosion (for additional discussion, see
"Estuaries' in this section).

Florida has extensive estuaries, bays, and other coastal areas
with emergent vegetation such as seagrasses. There are about 395,000
acres of mangroves and an estim~ated 502,000 acres of submerged vege-
tation in Florida (Lindall and Sykes, 1972; Lindall and Saloman,
.1977). Nevertheless, there has been a steady decline in fishery
habitats which has reduced the capacity of the natural system to
sustain the most desirable species.

Some of the worst examples of estuarine pollution, dredge and
fill, diversion of fresh water from estuaries, and other environ-
mentally degrading activities are found in Florida's nearshore waters.
These events have led to loss of productive vegetation and cover, loss
of open bay areas, alteration of freshwater flow patterns, and other
changes affecting the health of fishery stocks.

It was not until the late 1960's that research conducted at the
Department of Natural Resources laboratory in St. Petersburg and other
similar centers in the southeast produced enough data to convince even
the most reluctant persons that laws were needed to protect fishery
habitats. (As a result of this research, the DNR began an artificial
fishing reef construction program in Florida's nearshore and coastal
waters. A number of large man-made artificial reefs provide valuable
habitat for commercial and recreational species of fish. The reefs
also provide hiding places for smaller fish -- the E60d supply for the
species important to fishermen.) Since the initiation of protection,
the rate of habitat loss has been reduced greatly. However, many
remaining habitats are constantly stressed and the long-term survival
of many ecosystems is by no means assured. Moreover, even the un-
touched ecosystems yield only a finite amount of resources which is
.being divided among growing numbers of fishermen.

TT-210

Problems from growing numbers of fishermen and from a decrease i
the amount and quality of habitat have been noted by the Gulf of Mexi
Fishery Management Council. 'The-re are diverse user groups dependent
on shrimp of differing sizes in the Gulf area. ... the conflict
between interest groups is often acute in the states' internal waters
..This problem will not be easy to solve since the number of
recreational and commercial shrimpers is apparently increasing'
(Gulf of Mexico Fishery Management Council, 1979).

in sum, individual catches, whether recreational or commercial,
tend to decline in spite of increased effort and efficiency. This
contributes to a major fisheries problem: competition between groups
for a limited resource.

Fishing Ports and Seafood Processing Facilities

The commercial fishing industry is separated into two distinct,
yet interdependent groups: fishermen and fish processors. Fishing
ports often concentrate on a few species. Thus, one port or region
will deal primarily in shrimp, another in mackerel, grouper and
snapper, and still another in menhaden. Often, because of the oper-
ations associated with the type of catch or the need for expansion
associated with the market for the catch, fishermen and processors at
one port will experience different environmental and other problems
from those in a port in an adjacent region.

As shorefront land soars in value and environmental concerns are
accommodated, most water dependent users have more trouble finding
developable, affordable waterfront space. The problem does not appear
to be short term, nor does it appear to be one which will improve.
Some of the commercial fishing industry may feel this squeeze more
acutely than other water-dependent but less dispersed industries.
Thus, fishermen and processors located in high growth areas and
dependent on harvesting a particular fishery from their region may be
hard pressed in the competition for usable shorefront land.

Like ports handling a greater diversity of products, fishing port.
require adequate channel depths, access to public water and sever
lines, and shoreside transportation facilities. The Florida Coastal
Management Program has addressed the general concerns of ports and alac
has included a specific section on dredged material disposal in other
sections of this document.

Fisheries Management and Federal/State Relations

State and federal levels of government are becoming involved in
the issues confronting commercial and recreational fishermen. An array
of new federal authorities is being applied to manage marine resources
and activities from the shore to beyond the outer Continental Shelf.
In a few years, laws have been passed, or major amendments have been
made to older laws, in response to the perception that the oceans
contain significant nutritional resources, contain minerals which
may replace dwindling land-based deposits, and can fill some of

II-231

r ~the nation's energy needs. Thus, the Marine Protection, Research, and
* ~Sanctuaries Act, the Clean Water Act, the Outer Continental Shelf Lands
Act amendments, and the Fishery Conservation and Management Act were
passed in the 1970s. Now, as the implementation of these laws is
becoming a reality, fishermen, other users of marine resources, and
governmental agencies are finding themselves faced with several
concerns:

1. Because of the fragmented federal system, it is difficult to know
when one program's policies take precedence over or guide those of
another program;

2. The potential for inefficiency is increased;

3. It is not clear whether, as the separate missions are pursued,
state and user concerns will be adequately considered;
4. In many cases, the states will not be prepared to deal with the
changes generated by the federal programs.

Interactions Between Outer Continental Shelf Oil and Gas Operations and
Fisheries

Illustrating the conflicts arising between federal programs and
fisheries are potential interactions between outer Continental Shelf
(OCS) oil and gas development and fisheries. Federal energy initia-
tives under the OCS Lands Act present possible conflicts with the
. ~purposes of the Fishery conservation and Management Act, other fishery
related legislation, concerns of the state, and activities of the
fishing industry.

The use of prime fishing areas by oil and gas operations has
created several issues: (1) pre-emption of fishing grounds by dril-
ling rigs, platforms, pipelines, subsea completions, and the safety
zones which surround these structures, (2) debris from platforms,
drilling rigs and service vessels obstructing trawler operations; (3)
offshore oil and gas maritime traffic which can affect or be affected
by slower and less maneuverable fishing vessels; and (4) the environ-
mental impact of oil and gas exploration and development.

The Development of the Fishing industry

The benefits of the Fishery Conservation and Management Act are
beginning to be felt around the nation's coastline. Although its
influence on Florida's commercial and recreational fishing industries
is not yet clear# American fishermen have responded vigorously to the
protection the law gives them.

Total U.S. fish catches have risen steadily since the enactment
of the FCMA. In 1978, commercial fishermen landed a record 6.1
billion pounds of seafood withi a dockside value of $1.9 billion.
Domestically, the FCMA has resulted in more investment in the industry.

i1-232

Several regions of the U.S. are experiencing a rebirth of the
shipbuilding industry, and significant sums are being invested in
processing plants, and fishing gear.

The point is that "Within the next decade, it is likely we will
see a very different fish industry emerge than we currently have"
(Carlin, 1978). Other areas of the south are investigating the cen-
tralization of seafood processing and marketing operations in order t
facilitate regulatory approvals, strengthen local markets for seafood
provide by-product disposal on a cost sharing basis, and foster more
efficient use of capital resources.

Florida should be prepared to respond in a coordinated and
affirmative way when faced with the requirements for siting new
facilities or for significantly improving existing ones. Whether fror
the regulatory, planning, or funding perspective, public agencies
should be informed about the requirements of fisheries facilities and
should have the capability to play a constructive role in working witr
changes in the fishing industry.

As discussed earlier, the Fishery Conservation and Management Act
(FCMA) requires regional fishery councils to prepare fishery manage-
ment plans. While the FCMA addressed many issues associated with
fisheries in federally controlled waters beyond the territorial sea
(state waters), the management of fisheries within waters of coastal
states is still, with some exceptions, under state jurisdiction. Fish
of course, are mobile and move not only into and out of the territoria-W
sea, but from waters in one state's jurisdiction to those of an
adjacent state. Clearly, to reap the full benefits of the FCMA, it is
desirable to assure coordination among the various state fisheries
management councils.

Coordination between the regional fishery management councils,
National Marine Fisheries Service, U.S. Fish and Wildlife Service, and
state efforts is being fairly well achieved. As more management plans
are implemented, and as enforcement of these plans is stepped up, the
state must maintain effective participation in decisions that affect
its commercial and recreational fishermen and environmental quality.

Recommendations

The Florida Coastal Management Program must address ways to
maintain, promote, and enhance the Florida commercial and recreational
fishing industries in a fashion that is consistent with the long-term
productivity of our living marine resources.

Several problems involving the siting of fishery-related
facilities and constructing and maintaining channel depths are
discussed in the issues and recommendations in the Ports and Dredged
Material Disposal sections. These sections should be read in
conjunction with this section.

ii-233

1. The Florida Coastal Management Program should use the Interagency
Management Committee to fulfill the following objectives:

- Help refine a comprehensive approach to the management of
living marine resources with emphasis on nearshore habitats.

- Bring State and Federal coastal zone management and fisheries
management objectives and operation closer together.

-Provide better information for well informed decision-making
about living marine resources.

- Improve management of fish stocks.

The FCMP can address many of the issues identified in this
section. Some of the specific problems and research needs which
can be answered by this program include:

at Complete data on the landings of each fishery species. The
major source of information, commercial landings, may repre-
sent as little as 15-20% of the total catch of species which
are shared by sport and commercial fishermen. For species
which are illegal to sell, there are no landings data.
Proper fishery management and allocation of the resource,
require accurate total landings data.

b. Establish the basic biology; especially for far-ranging
migratory species. This type of research requires long-term
involvement (5-10 years) by several researchers under a
coordinated and permanent research program. The establish-
ment of natural mortality levels and age growth dynamics
similarly requires long-term effort and cannot be achieved
without accurate and complete records of fishing mortality.
These are among the major areas in which knowledge of the
resourses is lacking.

It should be noted that the FCMP is not intended to fund
random research proposals; but, only those projects that are
essential to making the next advance in improved and unified
management. Each project must be clearly tied to the overall
fisheries management effort and to the maximum extent coordinate
with other relevant state programs, i.e., water quality, state
lands, aquatic preserves, etc.

2 . The Florida Coastal Management Program should assist- the Depart-
ment of Natural Resources to establish or maintain an information
program directed to fishermen and consumers.

individual catches are declining and competition and
conflict is increasing between sport and commercial fishermen.
Research results and the efforts being made to address the
problems must be communicated to concerned and affected interests.
is ~An information or education program is an important element

ii-234

to resolve conflicts occurring between recreational and commercial
fishermen and in heading of f future problems.

3. The Florida Coastal Management Program should promote the inte-
gration of fishery concerns into the restoration or creation of
habitat.

Two state-programs which are involved in restoring or
creating new bobitat are the Water Resources Restoration
and Preservatipp. Program administered by the Department of
Environmental Rlegulation and the Florida Artificial Fishing Reef
Program administrated by the Department of Natural Resources.

Under ,.rules established pursuant to Chapter 403, F.S., Water
Resources Restoration and Preservation, funds are available to
governments if the action has promise of long-term effectiveness.
The rules outline selection process for projects and the allo-
cation of funds. Included among the criteria are considerations
for access to water bodies and the ecological values of the water
body.

The Artificial Fishing Reef Program provides funds to local
governments for reef design, transportation, and other costs.
This program is supported by state funds, the Florida Sea Grant
College, and the Department of Natural Resources.

4. The Florida Coastal Management Program will assist with -
maintaining a working relationship between the various public
and private sector groups with responsibilities in commercial
and recreational fisheries.

The National Marine Fisheries Service (NNFS), the Florida
Department of Natural Resources, the Regional Fishery Management
Councils, Florida Sea Grant, and others have established long-
term working relationships. Some of the actions include the
organization of the Habitat and Environmental Protection
Committee under the Gulf of Mexico Fishery Management Council
and the creation of federal teams to work with states on habitat
protection. The FCMP can insure that affected state agencies are
involved in fisheries issues through the interagency management
Committee. In addition, many of the areas in which the FCMP is
involved such as Aquatic Preserves, minimum estuarine inflows, and
outer Continental Shelf oil and gas development, touch fishery
concerns.

S. The Florida Coastal Management Program through the Interagency
Management Committee will assist with addressing the waterfront
siting issues of fishing ports.

As discussed in this section, the facility requirements of
the commercial fishing industry are changing. The state should
be prepared to meet these new requirements and market conditions
with a clear indications of management process and with effective

11-235

coordination among state and local agencies. The FCMP can help
by refining environmental, economic and social analyses and
developing implementation strategies which preserve state, local,
and industry responsibilities for maintaining and developing
living marine resources.

COASTAL RECREATION; ACCESS; AND THE URBAN WATERFRONT

"..That sun-drenched, shimmering, glorious
expanse of land and water that is Florida....
Our job is to protect it, to use it wisely
and enjoy it, to ensure that those of the
generations to follow may be as blessed as
we., (Simonds, 1980)

These words capture the extraordinary lure of Florida's coast to
millions of people; a lure so powerful that the state's population is
projected to reach more than eleven and a half million residents
by 1990. Our full time residents and the tourist population will
increase steadily and will continue to place pressure on state and
local governments to provide quality opportunities for the enjoyment
of Florida's natural resources.

The heavy demand for coastal-oriented recreation is documented in
surveys by the Florida Department of Natural Resources, Division of
Recreation and Parks. The Department estimates that in 1979 more than
U 115 million visits were paid to Florida's saltwater beaches. During
the same year saltwater fishing accounted for nearly 24 million visits
to the shore and coastal waters. There is little doubt, given present
coastal development, that the state will be faced with a tremendous
challenge to maintain its present level of recreational and shoreline
access opportunities.

State and local governments cannot just maintain, but must
increase the quality of recreational benefits, especially near urban
areas. Tourism is the largest industry in the coastal area. In 1978,
32.3 million visitors to the state spent more than $12.9 billion thus
providing the cornerstone of Florida's economy and generating sizeable
sales tax revenues to Florida. The challenge to provide opportunities
for high quality recreational experiences must be met for economic
reasons, if for no other.

Local, State, and Federal Participation in Recreation and Access

The primary responsibility for providing local recreation oppor-
tunities within the state lies with cities and counties whose efforts
rely on supplemental recreation and acquisition -assistance from the
state and federal governments. State government assumes the respon-
sibility for promoting and coordinating outdoor recreation efforts.
To accomplish this, It must bridge the gap between the national parks
and recreation areas administered by the federal government, and the
* neighborhood and community playgrounds and recreational facilities

ii-236

traditionally provided by local government. The Florida Department of
Natural Resources bridcges this gap in several ways, two of which
involve: developing state parks, wilderness areas, and trails, and
acquiring land under the Conservation and Recreation Lands Program; anc
coordinating public and private programs which affect recreation and
access.

Policies and programs affecting the provision of outdoor recre-
ation opportunities are dispersed among local, state and federal
agencies and private agencies. These are summarized in Tables 11 and
12. Obviously, because of the variety of governmental actions which
affect recreation, coordination is a critical factor to assure that
public needs are met efficiently and effectively. To the extent that
these governmental programs - state, federal, and local - contribute tc
an overall statewide recreation program, the state must assume the
responsibility for the necessary coordination.

The Florida Department of Natural Resources conducts the primary
responsibilities for recreation planning under Chapter 375, Florida
Statutes (see Outdoor Recreation and Conservation). The Department of
Natural Resources, Division of Recreation and Parks prepares Florida's
Outdoor Recreation Plan to provide comprehensive statewide guidance for
recreation programming and to influence the decisions of potential
recreation suppliers. This plan measures resource supply, anticipates
public demands and needs, and guides the way funds are used to satisfy
recreation needs, identifies the major issues which affect outdoor
recreation, and proposes a range of options for resolution of the
issues.

Recreation and Access Issues

The theme of recreational and access issues can be traced
throughout the Florida Coastal Management Program in sections
covering marinas, recreational fishing, and barrier islands.
The following discussion covers only a small part of a large
and complex area, and thus only partially covers the issues.

Coastal recreation is a growing, healthy enterprise. Public
interest in, and demand for, recreational opportunities in coastal
areas is growing, as old uses and now compete for the limited shore-
line resources available in Florida. Out of approximately 1160 miles
(DNR, 1971) of saltwater beach, only about 272 miles (DNR, 1979) is in
federal, state, or local government ownership. Some of this - such as
lands on a military base - is not always accessible to the public;
however, several Air Force bases in Florida provide extensive oppor-
tunities for public -use under agreements with the state (see Coastal
Shorefront Areas section).

The health and growth of coastal recreation is not happenstance.
Much public and private effort goes into sustaining outdoor recre-
ation. Nonetheless, the status of recreational use of the shore and
coastal waters is not secure because of the conflicting demands which
are made upon this area. There are other uses for the shoreline which
II-237

TADLE 13
FEDERAL AND STXI'E ASSISTANCE PROGRAMS

AWEALABLE TO FEDERAL ,STATE AND LOCAL AGENCIES

FOR PROVIDING PUBLIC RECREATION OPPORTUNITIES IN FLORIDA
DEVELOPMENT TECHNICALI
W ~~~~~ ~~~~~~~LAND DF ARESAS & & ADVISORY CONSUMER PLANNING RESEARCH
ACOUISITION FACILITIES SERVICE EDUCATION
HERITAGE Q"SERVATIOV
AND RF-REATT0 N FSL FSL FSL FSL FS F

NATIONAL
PARK SERVICE F F SL F F

U.S. FISH AND
WILDLIFE SERVICE F FSL. FSL F F

-U.S.FOREST FFFI S S

S.: NERVICE F. FS1 FL FS

U.S. ARMICLP
CONSERVAIONSERVIS L FL FL SL FL F

U..DEPARTMENT OF
HOUSINGIADTRBATIN S
DEVELOPMENT OFLL

CONSUNGINEERVCS Fa FSLI SL FS FS

DEPARTMENT OF
ADMINISRATIO SL SLS si

DEPARTMENT OF
COSMMUIT SERVICES . SLS L SLL

DEPARTMENT OF
CMERUCATE S SI. SL sSi.

DEPARTMENT OF

DENIRONMENTALF
REDUCATION S ? Si. E L SL SL

DEPARTMENT OF HAT
5.REGUBLTATION s o Si Si SL. SL S
SAERVICRESH AE

DEPARTMENT OF HAT

SEOTR VEICLES S S S SL
DEPARTMENT OF
HIGHWAY RSAFRET Y Si: SLLI i

DEPARTMENT OF
STATUARESORE SL S. S L SI. Si.

DEPARTMENT OF

TRANSIPORTATION SL. SL. Si S L SI. S

Fit PWopm'n Opertalonal at the Faftrul Level
So PtoGwbm OP.aiam1ana at "ita State Lawso
La Prowera Operationa at &e Lo"a Level
aaApmc em 0 Rqua"Ior Progara out can Affect Recreetbo. Oowtun.ives
Updated from outdoor Recreation in Florida -1976 Florida
Department of Natural Resources*

II-238

TABLE 14

FEDERAL AND STATE ASSISTANCE

IN PR:IDMIG PRfVATE OUTDOOR REC.EPATrON OPPORTCUNTFES

LOANSAND TECHNICAL
CREDIT � PROMOTIONAL & ADVISORY CONSUMER PLANNING RESEARCH
ASSISTANCE ASSISTANCE SERVICE EDUCATION
Heritage Conservation
and Recreation Servici X X X X X

NATIONAL
PARK SERVICE X

U.S. FISH ANO
WILDLIFE SERVICE X

e U.S. FOREST
SERVICE X X
lU
U.S. SOIL
CONSERVATION SERVICE X X

U.S. DEPARTMENT OF
HOUSING ANO URBAN
DEVELOPMENT X

U.S. ARMY CORPS
OF ENGINEERS X X

DEPARTMENT OF
ADMINISTRATION X X X

DEPARTMENT OF
AGRICULTURE &
CONSUMER SERVICES X X X

DEPARTMENT OF
COMMERCE X X X

DEPARTMENT OF
COMMUNITY AFFAIRS X X

DEPARTMENT OF
EDUCATION X X X X
DEPARTMENT OF
ENVIRONMENTAL
< REGULATION X X X
GAME A FRESH WATER
FISH COMMISSION X X X

DEPARTMENT OF HEALTH
& REHASILITATIVE
SERVICES X X
DEPARTMENT OF
HIGHWAY SAFETY
& MOTOR VEHICLES X
DEPARTMENT OF
NATURAL RESOURCES X X X X X

DEPARTMENT OF
STATE X X X X X X

DEPARTMENT OF
TRANSPORTATION X

Xw Prvam .n oton

Updated from Outdoor Recreation In Florida - 1976 Florida
Department of Natural Resources.

II-239

minimize opportunities for public recreation such as housing, devel-
* opment of highways and parking lots, and port facilities.

often, outside factors are not the only ones responsible for
recreational conflicts. Recreational demands are competing among
themselves. Thus, recreational values clash over the provision of a
social beach or the solitude of wilderness; water-skiing or fishing;
surfing or swimming - the list goes on. Comprehensive coastal manage-
ment approaches reach across the issues to help resolve the conflicts
among recreational uses and to minimize conflicts between recreation
and other activities.

As a part of its comprehensive recreation planning process, the
Florida Department of Natural Resources, Division of Recreation and
Parks conducted an intensive survey of the residents of Florida in
1978 through 1979. In addition to asking about participation in
recreational activities, the Division asked residents what they felt
were the major recreational problems in Florida.

The following issues surfaced in response to the survey and also
were expressed in public workshops. They are not ranked in order of
priority, and are not exclusive, but they are examples of common
perceptions of problems.

* Access opportunities to the coast for recreation are in short
supply. Water and beach recreational resources cannot be fully
utilized because of shrinking access opportunities.

O * ~Valuable recreational resources, especially beaches and other
natural areas, are threatened by development.

* There are too few recreation areas and facilities. Overcrowding
was frequently cited at shoreline facilities. Marine users
also see congestion as a threat to the enjoyment of boat-based
recreation.

* Various types of environmental problems adversely affect the
quality of outdoor recreation. For example, in some areas,
swimming and fishing are affected by poor water quality; water-
borne debris, and shoreline litter prevent enjoyable recreational
experiences.

* Broad information about recreation, natural and cultural
resources, and access are not available. Sound decisions
which produce the beat conservation practices and the best
use of resources cannot be made without adequate information.

* Federal, stater regional, and local land use and environmental
management programs are not coordinated to maximize the recre-
ational values of Florida's resources.

* Improvements are needed at existing facilities. For instance, a
Florida Department of Commerce study found that half of the public
bqat ramps surveyed had one or more deficiencies that would
discourage use (Florida Department of Commerce, 1979).

Ii-240

Urban Waterfront Issues

Severa.l coastal cities which either were or still are key Anks
in trade and transport have felt the impacts of-changes in commerce,
technology, and living patterns. In earlier days, waterfronts in thest
areas were hubs of leisure and commercial activity. Over time, in mans
places, the public gradually lost its access to the urban shore as it
deteriorated or became walled off. Finally, in many areas, the urban
waterfront has become only a fragment of the metropolitan whole,
enjoyed, if appreciated at all, by a few, and lost to the total
community.

Several factors discourage a community's ability to make full and
efficient use of the urban edge. Among these, transportation barriers,
inefficient land user water pollution, and blight, prevent the
community from fully realizing the benefits of this valuable area.

Recommendations

The state Coastal Management Program, through the Department of
Natural Resources' Florida Outdoor Recreation Plan and the activities
of other state and local agencies, can pursue several avenues that
address recreation and access. Recreation and access are more than
narrow, local issues. They must be recognized as general statewide
concerns and basic ingredients of the "Florida quality of life".

1. The Florida Coastal Management Program will utilize the Inter-
agency Management Committee to examine access issues, including
those addressed in the Florida Outdoor Recreation Plan, and
make recommendations for coordinating the activities of public
agencies which affect access and recreation.

The state is realizing that demands on the coast are increasing
rapidly, while opportunities to obtain access for swimming, fishing,
boating, and the general enjoyment of the coast are diminishing. The
Department of Natural Resources is pursuing an access and recreation
program as a part of its statutory responsibility under Chapter 375,
F.S.; however, the activities of other agencies, federal, state, and
local, also affect recreational access, as well as recreation itself.
Governmental activities in the fields of transportation, economic
development, pollution control, and hurricane preparedness, are inter-
twined with recreation and with access. Solutions to access and
recreation problems, like many other issues, can be achieved best with
more coordinated management of public resources and programs.

Interagency strategies for supplying public access to beaches must
be developed and adopted to help the public to attain its right to
access to the portion of the coastal shoreline over which the State has
sovereignty. These strategies must address the need for access
corridors to beaches and other coastal areas where high demand for
private waterfront ownership would otherwise seal off access.

11-241

A great deal of work remains. Tasks involve identifying new ways
to reach the shore; creating new state and local techniques to address
I. ~access problems; locating funds to purchase, improve, and maintain
accessways; resolving legal difficulties; assigning agency respon-
sibilities; administering accessways; and encouraging private sector
participation. The latter can be accomplished through a clarification
and strengthening of the state landowner liability limitation law
(Chapter 375.251, F.S.) and by distributing information on the law to
major landowners and to local governments.

A number of beach access acquisition mechanisms could be exploited
by local governments if the mechanisms were better understood in the
context of state law and the needs of Florida communities. Consequent-
ly, the coastal program will assist DNR in examining alternative
acquisition tools such as prescriptive easement, dedication of access
lots, dedication of roads providing access, and provision of access
through urban redevelopment.

This recommendation is compatible with the interagency agreement
between the Office of Coastal Zone Management (U.S. Department of
Commerce) and the Heritage Conservation and Recreation Service (U.S.
Department of the Interior) which is designed to:

(1) Coordinate the planning assistance activities of the
office of Coastal Zone Management (OCZM) and the Heritage
Conservation and Recreation Service (HCRS) in accordance with
the Administration's objectives; (2) encourage interagency
coordination of implementation activities within and between
Federal, Stater and local levels of government; and (3) provide
for coordinated delivery of OCZM's and HCRS's financial support
resources,

The agreement is designed to achieve compatibility between state
coastal management, outdoor recreation, and historic preservation
programs. Agencies with responsibilities for these programs should
jointly explore opportunities to address shoreline issues in ways which
improve the coordination of land and water development and historic
preservation; promote a better understanding of coastal management,
outdoor recreation, and historic preservation; and improve federal,
state, regional, and local capabilities to deal with impacts of
energy-related developments.

2. The Florida Coastal Management Program will encourage redevelop-
ment and revitalization of urban waterfronts for recreation,
access, increasing the utilization of urban land, and economic
development.

Since the intensity of the access issue is often related to the
number of people desiring such access, it is clear that a major focus
for access planning in coastal management will be in and around urban
areas. Urban waterfronts represent a significant area of the coast-
* ~line where a variety of economic and cultural activities can flourish
and where these activities can be actively promoted within the state
coastal management program.

The Florida Coastal Management Program (FCMP) will join with
other state efforts to augment current policies and programs to i
conserve existing communities. Thus, the FCmP will coordinate with
those urban areas carrying out mass transportation programs affecting
coastal use. The Program could promote the creation of regional
waterfront development commissions similar to the San Francisco Bay
Area Conservation and Development Commission in order to foster public
and private participation in the revitalization of local waterfront
areas. Such bodies could serve as clearinghouses for information on
area redevelopment and rehabilitation, could coordinate the promotion,
planning, and funding of local redevelopment projects, and could
increase compliance with established waterfront land use and access
pol ici es.

COASTAL STORMS: HAZARD AND PROTECTION ISSUES

A result of technological progress is a decrease in respect for
the power of nature. This fact is most apparent in the recent trend t,
develop in coastal high hazard flood prone areas. Until 50 years ago,
man built with respect for nature, as shown by the stilt houses in
Everglades City and homes built on Indian mounds or fossil dunes on
Marco Island. Through the early 1900's, coastal settlers carefully
designed and constructed their residential structures to avoid the
ha-zards of flooding and erosion. The trend reversed with the post-
World-War-11 building boom. Man began to try to adapt the environment
- barrier island or coastal marsh, bay bottom or floodplain - to fitW
his plans for development, rather than to plan developments in harmony
with nature. Out of ignorance or arrogance, a legal, financial and
technical climate was established which promoted development in flood
prone areas.

Reasons for development in flood hazard areas were primarily
related to the demand for property on or near a waterfront. While
many flood hazard areas were not intrinsically suitable for
development, modern technology allowed the land to be reshaped by
dredging and filling, and sold as waterfront homesites. Little, if
any, consideration was given to the potentially destructive natural
forces of floods and hurricanes.

Having created hazards with technology such as large scale
landfilling, dredging and earth moving, solutions frequently relied
upon still more technology - riprap, seawalls, dams and drainage
canals. These solutions are costly, energy consumptive, and environ-
mentally destructive. They frequently are short-term and create their
own set of problems, and provide a false sense of security and entice
new development where it should not occur.

HISTORICAL PERSPECTIVE

Background

Contrary to popular opinion, coastal storms and floods are not ab
normal processes. They are natural phenomena which occur periodically

11-243

. ~in the same areas. Damage occurs 4hen man-made structures are in flood
prone areas.

coastal storms develop from a variety of tropical weather
disturbances and pass through several increasingly intense phases -
tropical depressions (with winds less than 40 mph), tropical storms
(with winds between 40 and 73 mph), and finally, hurricanes (with
winds over 73 mph). Coastal storm hazards are created by one or a
combination of natural phenomena including:

1. Wind - This is the element the public associates most commonly
wiith storms. Highest wind speeds occur in a narrow ring usually
extending 20-30 miles from the center of a hurricane. in a major
hurricane, gusts between 73 and 120 mph may extend 40-100 miles
from the center. Minor damage begins with winds of approximately
50 mph. Moderate damage, such as broken windows begins with winds
of about 80 mph, while major structural destruction begins when
wind speeds reach 100 mph.

2. Tidal Surge - About 90% of storm deaths near the coast are caused,
not by wind, but by storm surge - the rise of water above mean sea
level. The height of storm surge along the open coast depends on
a number of factors which include wind speed and direction, depth
of water, tidal stage, storm trajectory, and speed of the storm.
Although the maximum surge usually affects only a short length of
coastline, combined storm surge and wave action may have damaging
effects for 100 miles in either direction.

3. Heavy Rainfall - Rainfall often accompanies storms and can cause
severe inland flooding. The amount of rainfall depends on many
factors including forward speed of the storm and topography.

4. Wind-Driven Waves - These waves form on top of the storm surge.
wave run-up floods areas not reached by the surge itself. The
battering action of waves transmits tremendous damaging force,
and exerts considerable erosive power.

No part of the Gulf or Atlantic coasts is immune to storms, but
storms have hit some areas more frequently than others. Parts of
Texas, Louisiana, and Florida are especially susceptible. (Figure 10
shows annual probabilities of two magnitudes of hurricanes for the
entire Gulf and Atlantic coasts.)

Figure 11 illustrates a national trend toward fewer deaths
from hurricanes since the turn of the century. Since 1940,
however, the average annual hurricane fatality figu1re for the
nation has more or less stabilized. The main reason for the
reduction in deaths is related primarily to a better warning
system. But the potential still exists for catastrophes. As
coastal population continues to grow, and as more reliance is
placed on structural and technological protection, the possibility
* of catastrophic losses grows. While loss of life has decreased,

I1-244

FIGURE 10
HURRICANE PROBABILITY MAP

PROBABILITY (PERCENTAGE) THAT A HURRICANE (WINDS EXCEEDING
73 mph) OR GREAT HURRICANE (WINDS IN EXCESS OF 125 mph) WILL
OCCUR IN ANY ONE YEAR IN A 50-MILE SEGMENT OF THE
UNITED STATES COASTLINE (after Simpson and Lawrence, 1971)

II-24 4
'T FIUR 1
HURIAN POABLIY A
PRBBLTY(ECNTG)TA AHRIAN WNS XEDN
73mh RGET HURCN WNSI XESO 2 p)WL
OCU INAYOEYAINA5MIESGNT OF TH
UNTE TAE CATLN (ferSmpo adLarnc,191

r 1 311-2 5

2200

a * ~2000 - DAMAGE DEATHS 50
(Adjsted to 1957-59 base)-
Lun

-60 -

Lu U
140- 3 50

A 1200- -"40

o~~~~~~~~~~~~~~~

K.9
Bo 140 i; 35000

t 100 r3100O
CL~~~~~~~~~~~~~~
I9UJ

Lu 4000 - -25" 00w

20 - OO 0

0~~< z

~~~~~II 9 1 I

TT-2~~~~~~46

property damages have increased exponentially. The damage results
primarily from storm surge flooding, but also from erosion and wind.
The average loss from a hurricane is approximately one-half billion
dollars, but it could range from four million to four billion.

The Florida Experience

Florida perhaps faces a greater potential for the occurrence of
natural hazards than any other state. Florida ranks first in hurricane
occurrence, first in severe thunderstorm occurrence, sixth in tornado
occurrence and seventh in river and flash flood occurrence among the
states. of these natural hazards, Florida is most vulnerable to the
devastating effects resulting from coastal storms. A recent report
(John W. Lewis, June 15, 1979) prepared by the Natural Resources
Committee of the Florida House of Representatives states that "If a
major hurricane hit a major population area, probably more than 6,000
people would be killed'. The report also states that Florida's
existing situation in respect to hurricanes is 'embarrassing". The
report continues:

"The state has allowed development in low and coastal areas which
may result in catastrophic losses if a major storm were to occur.
Loss of life would be high, as only one county (Lee) has a suf-
ficient and practicable evacuation plan. In short, the state has
taken far too little interest in preparing for and safeguarding
against the inevitable next major hurricane.'

Several factors influencing the severity of hurricane impacts
combine to make the state a highly vulnerable area. It is located in
an area with a high probability of storms. It has low-lying coastal
areas, which offer little protection from the danger associated with a
hurricane. And, most of Florida's population has chosen to live on its
coastline. More than seventy-nine percent of the state's nine-plus
million people live in coastal counties. With the ex ception of the
rapidly developing central Florida area, much of the state's economic
base also is located within coastal counties.

At least 45 hurricanes have hit Florida since 1900. Between 1926
and 1975, Florida hurricanes killed 2,650 persons and caused $1.4
billion in property damage. In 1979, two major hurricanes struck
Florida. Hurricane David claimed 1200 lives in the Caribbean and
property and crop damages exceeded $1.5 billion. When it arrived in
the u.S., it had lost power fury but swept the entire Atlantic coast
from Florida to Maine, claiming 19 lives and causing more than $500
million in damages. Hurricane Frederick was one of the most devas-
tating hurricanes to hit the Gulf Coast in this decade. It killed 17
persons and caused more than $1.5 billion in damages. Dauphin Island
in Alabama was breached in two places. No buildings were left intact.
More than half a million people were evacuated in West Florida,
Alabama, and Mississippi.

Pressures to develop the state's coastal areas will continue for
the foreseeable future. A report by E. J. Baker of Florida State

II-247

stated that between 1960 and 1970, the Fort Walton Beach area
* population grew 220%; Pasco County's Population grew 250%; the
Charlotte, Lee, and Collier County area population grew 131%; the
Broward - Palm Beach County area population grew 140% and the
Brevard County population grew 106%. These Communities all are
highly susceptible to hurricane dainage because of low elevation
and coastal location. Also, the potential for loss of life and
property will increase as population increases.

PUBLIC AGENCIES: ROLES AND RESPONSIBILITIES

Federal Roles and Responsibilities

The role of the federal government in relation to coastal hazards
often has been contradictory. Beginning with the New Deal, the federal
government began aiding disaster victims and protecting life and
property from flooding. In the 1950's, the United States initiated
improvements in its hurricane warning system, leading to establishment
of the National Hurricane Center. In 1968, Congress initiated the
first major effort aimed at mitigating flood damages by passing
PL 90-448 - The National Flood Insurance Act. While these efforts play
a significant role in protecting life and property from flood and storm
damages, the FIA program has contributed to encouraging development in
flood hazard areas through subsidized flood insurance. The federal
government also indirectly encourages development in flood prone areas
through federal subsidies for roads, bridges, and sewage treatment
* facilities. By locating these facilities in flood-prone areas, the
government has indirectly encouraged development in floodplains.

Federal Emergency Programs

New Deal social programs initiated a system of piecemeal federal
assistance to natural disaster victims. A patchwork of agencies,
departments, and councils subsequently was established, including the
Civil Defense Preparedness Agency (Department of Defense), the Federal
Disaster Assistance Administration (HUD), the Federal Preparedness
Agency (General Services Administration), and the National Weather
Service Community Preparedness Program (Commerce).

States found it very difficult to respond to disasters when they
have had to coordinate with several federal agencies, each with its own
mandate and restrictions. In response, the Federal Emergency
Management Agency (FEKA) was created in 1979. This agency includes the
other agencies as well as the Federal Insurance Administration (FIA).
The goal of FEMA is to establish a comprehensive emergency management
system. Under this system, government agencies will take necessary
steps in a coordinated fashion to warn the public of impending
disasters, prepare for and respond to these disasters, and minimize and
discourage new permanent construction of public and private structures
in high hazard areas.

Ii-248

One of the new initiatives proposed by FEM4A is in response to
Hurricane Frederick. The policy proposes that the FEMA will minimize
the recurring cor,:; of reconstruction, and encourage actions that will
allow the natural processes common to barrier islands to occur.

Federal Flood insurance Program

The Federal Flood Insurance Programn administered by FEMA, offers
incentives for local communities to impose construction standards for
facilities or otherwise regulate floodplain development. This program
was intended as a substitute and eventual replacement for Federal flood
disaster relief. Property owners are encouraged to purchase subsidized
flood insurance; new structures built in flood plains are required to
meet minimum construction standards and to carry flood insurance at
actuarial rates; and local governments are encouraged to adopt and
administer floodplain regulations. Failure of a local government to
participate in the program makes it ineligible for Federal disaster
relief or Federal grants, loans or other aid in flood-prone areas.

Recent Federal Initiatives

in May, 1977, President Carter issued Executive Order 11988,
Floodplain Management, which requires Federal agencies to avoid both
direct and indirect support of floodplain development wherever there
is a practical alternative. The President also issued Executive
Order 11990, Protection of Wetlands which requires Federal agencies to
avoid support for new construction in wetlands whenever there is a
practicable alternative.

The President's Second Environmental Message in 1979 directed the
U.S. Secretary of Commerce to conduct a systematic review of Federal
Programs that significantly affect coastal resources. This review will
be the basis for recommendations to improve Federal actions affecting
coastal areas. A major aspect of this project is related to reviewing
and making recommendations on flood insurance, infrastructure, and
credit assistance programs which provide development subsidies and
reconstruction assistance in coastal hazard areas. The draft report
has been completed.

State Roles and Responsibilities

Florida's authority to deal with natural disasters is found in
Chapter 252, F.S. The legislation is designed to provide a planned
response capability for disaster situations in which efforts of local,
state, and federal authorities are coordinated. The State's Natural
Disaster Plan establishes the framework under which the State prepares
for and responds to natural'disasters. Under the plan, the lowest
possible level of government bears the primary responsibility for
handling disasters. Relief from a higher level of government is
requested only when an agency's resources are incapable of coping with
the disaster. The Plan was adopted in 1977. The Governor has issued
an Executive Order to implement the Plan which outlines state and

11-249

local agency responsibilities during emergencies and requires
O ~local governments to prepare and test their own emergency plans
and procedures.

In addition to the authorities in Chapter 252, the State also has
regulatory measures dealing with coastal areas. Chapter 161, F.S.
deals with coastal construction and regulates the construction of
structures on sandy beaches adjacent to the Gulf of Mexico and the
Atlantic Ocean. The purpose is to protect the beach and dune system as
well as structures constructed adjacent to the beach areas. The State
also requires that all mobile homes be firmly anchored to the ground
(Chapter 320.8325, F.S.).

Local initiatives

Many local governments in the State of Florida have developed
and implemented programs to protect lives and property from coastal
storms.

The City of Sanibel, which is located on a barrier island, has
developed a process which integrates growth-management policies
with evacuation planning procedures to minimize potential hurricane
evacuation problems. The City recognizes the futility of trying to
evacuate a growing population and is trying to head the problem off.
The program is motivated both by a desire to preserve environmental
quality and to mitigate hurricane risks. Sanibel estimated the maximum
number of persons which could be evacuated from the island, given a
"typical" hurricane, and decided to limit the population to that
* number. The limit was set at 3800 new dwelling units, a 90% increase
over the number existing at the time of the plan. Buildings cannot
exceed 45 feet in height, and results of a recent referendum dictated
that new construction will be phased in at a rate of no more than 180
units a year.

Hurricane evacuation plans for most Florida coastal counties are
procedural schedules indicating who is responsible for which actions,
where the low-lying areas are, and which structures will be used for
shelter. The missing critical element is an assessment of evacuation
potential to determine when relocation should begin.

The absence of these data does not reflect an oversight by
disaster preparedness authorities, but shows a lack of funds and
perhaps the expertise to perform the assessments. Through federal
Corps of Engineers funding, an assessment of this type was conducted
for Lee County by the Southwest Florida Regional Planning Council.
Regional evacuation plans also are being developed by the Southwest and
Tampa Bay regional planning councils with financial assistance from the
Sea Grant Program, federal Office of Coastal Zone Management and the
U.S. Army Corps of Engineers.

Problems and issues

__1. Development in the floodplain subjects both individuals and
is property to hazards.

ii-250

--Development in coastal areas already is extensive and continu
to increase rapidly. Between 1960 and 1970, population in
Florida's coastal "census subdivisions" increased by more than
75%.

-- Nationally, the trend in fatalities from coastal storms has
decreased. Warning lead time and forecasts of land-fall locatioi
now are at a plateau and major improvements are not expected sooi
Because of the increasing population in coastal areas served by
very few roads leading inland, the need for early evacuation is
critical.

-- Coastal counties in Florida (like the rest of the nation) havi
hurricane evacuation plans which are only procedural schedules fc
coping with flood emergency situations. The missing element is
evacuation plan which would specify both the evacuation route anc
the necessary lead time.

-- Recent evidence suggest that if coastal residents know their
personal risk, they are more likely to respond to flood evacua-
tion warnings. This type of information is not available to
residents of the State.

2. New development occurring in coastal areas is often constructed
with minimum concern for natural hazards.

-- The most effective means of minimizing risk from hazards is
through proper location of development in relation to flood4
hazards. State law places growth management with local govern-
ments and requires, through the Local Government Comprehensive
Planning Act (LGCPA), that each locality develop a comprehensive
plan to guide growth and development. However, the LGCPA places
little emphasis on including flood protection in plan elements,
and makes the safety element optional.

-- Florida's building codes typically are deficient. The main
problems are related to adequate structural anchorage and the
ability to withstand the gusts, sustained winds, storm waves and
storm surges encountered in a major hurricane. (Note: Draft
regulations developed by the Florida DNR pursuant to Chapter 161,
F.S. do address the problem in regards to new structures located
directly on beach areas.)

-- monitoring of existing building codes is inadequate. Existing
standards for hazard protection often are not enforced. Some
builders reportedly. have removed steel reinforcements subsequent
to inspection 'to be reused in other buildings.

3. Governmental spending may contribute to uneconomic or environ-
mentally unsound development in flood-prone coastal areas.

-- overreliance upon public investment to solve individual
hazard problems is a growing national tendency. This trend has

II- 251

developed from overreliance upon the Flood Control Act of 1936
and subsequent legislation, and has led to the construction of
many structural solutions such as dams, and drainage canals
intended to minimize hazards. Federal tax dollars are available
to local governments for structural control measures while little,-
if any, assistance is available for improving local floodplain
management.

-- Subsidized public facility projects such as roads, sewage
treatment plants, and water distribution systems, impact coastal
resources by affecting the type and location of development in
coastal areas. These public facility programs stimulate growth
and offer public subsidies for development in coastal hazard
areas.

-- Government programs support both construction and reconstruc-
tion in coastal hazard areas through direct development assistance
and through reconstruction funds. Preliminary studies indicate
that the National Flood Insurance Program encourages construction
of private structures in coastal hazard areas. Funds are
available to local governments to reconstruct public facilities
damaged by coastal storms.

4. Narrow government management and regulatory programs typically do
not take hazard protection into account.

-- (Government land acquisition programs for the protection of
environmentally sensitive lands (such as Florida's Environmentally
Endangered Lands Program) typically do not consider hazard
mitigation as a criterion for selecting parcels for purchase.

-- State permitting programs for protection of wetlands and water
quality do not consider hazard mitigation during evaluation of
permit requests. The absence of this type of review is especially
critical, since any development which occurs in or adjacent to
these wetland areas is subject to flooding.

Recommendations

1. The State of Florida should utilize the Interagency Management
Committee to develop a comprehensive program to minimize loss
of life and property due to coastal storms.

In order for this recommendation to be implemented the State
must use its existing authorities to minimize losses in both
developed and undeveloped hazard areas. The primary means of
implementing this recommendation for areas which are presently
developed include:

a. the development of coordinated evacuation plans for each
region of the state; and

b. the development of a coastal storm hazard awareness programs
for property owners on hurricane survival, location of

11-252

flood-prone areas, evacuation routes and shelters, and
advance preparation for hurricanes.

While these actions will prevent losses associated with
existing development, the state also must take positive steps to
minimize losses to future development. This effort will involve
reviewing existing state agency rules-and policies which can be
used to minimize storm losses. This process would include*:

a. identification of each state agency program and activity
which could increase or decrease losses from coastal storms
such as road and sewage facility construction, wetlands
permitting, and environmentally endangered lands purchase;

b. identification of the impacts of each program and activity
on the state's policy to minimize lose of life and property;
and

Co development of recommendations identifying needed changes to
the existing programs and activities.

*NOTE: The Interagency Management Committee began
working on such an effort in early 1980. For a
further discussion of this effort see Part II,
Section Two.E.

While Florida can reduce future losses from coastal storms *
by coordinating implementation of its existing authority, some
new authority also may be necessary to more fully protect lives
and property. Necessary new legislation must be based upon
consideration of the amount of protection offered and the
increased cost. Potential areas for new legislation include:

a. amendments to existing building codes to provide more
protection from wind and storm surge;

b. measures to ensure that buildings located in hazard areas are
constructed to meet safety code requirements; and

C. requiring a natural hazards disclosure statement before
selling property in coastal hazard areas.

2. The State of Florida acting through the state's regional plan-
ning councils should assist local governments to develop and
implement local comprehensive plans which address the hazards
associated with coastal storms.

The most direct approach to hazard mitigation requires the
integration of land use, growth management, and evacuation plan-
ning policies. This process should be directed towards minimizing
potential losses to public and private property, keeping
hazardous evacuation situations from developing, and keeping

11-253

existing difficult evacuation situations from deteriorating
further. while the State can assist in these efforts indirectly,
the lead role must be taken by local governments.

The State should encourage these efforts by:

a. providing legal, financial and technical assistance to local
governments (through regional planning councils);

b. identify research needs related to hazard mitigation and
ensuring that state universities give priority to these
needs;

C. working with local governments to educate the public about
coastal storms.

As a corollary recommendation, the State should consider legis-
lation which requires local governments to include a safety element in
the local government comprehensive plan. This requirement should be
implemented only after consideration of its total impacts and only if
the state will provide funds and technical assistance.

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E. COASTAL MANAGEMENT COORDINATION ANDIMPLEMENTATION

O ~INTRODUCTION

The importance of the Florida coast to commerce and economic
development, for tourism and recreation, as a residential center, and
as an unique ecological resource has made it a center of population.
In order to manage competing demands on these resources, the 1978
Florida Legislature passed the Florida Coastal'Management Act Stating
that "the coastal zone is rich in 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 Act establishes a coastal management
program, based on existing laws and authority, to protect, maintain,
and develop these resources, and calls for coordination among state,
regional and local officials and agencies to meet this challenge (see
Authorities discussion).

To accomplish the Act's objectives, the FCMP uses a combination of
management techniques as outlined in Federal Regulation 15 CFR 923.42
and 43. Largely administered by state agencies (Technique B), several
statutes allow delegation of responsibilities to local government
subject to state administrative review and enforcement of compliance
(Technique A).

As such, state agencies, water management districts, regional and
O local agencies and citizens have a role in the implementation of
Florida's Coastal Management Program. Both formal and informal methods
of coordination are needed to achieve the goals and objectives of the
Program. A management program designed to effect needed coordination
among state agencies and which provides for the necessary citizen
involvement, is discussed in the following chapters of this section.
It summarizes the relevant administrative and regulatory organizations,
and outlines their roles in the implementation of the Florida Coastal
Management Program.

MANAGEMENT FRAMEWORK FOR STATE AGENCY COORDINATION

The key to an effective coastal management program in Florida is
coordination between the state agencies which are charged to administer
the laws and programs discussed in Part II, Section Two.B.

Resolution of the pressing coastal issues in Florida will require
intergovernmental cooperation. The issues are complex ; coastal storm
hazards, dredged material disposal, estuarine water quality, fishery
habitat protection and other concerns involve broad economic, social,
and environmental considerations, which cut across the responsibilities
of more than one agency or level of government.

Complex issues which involve several agencies often are associated
with the following problems:

II-255

1. It is difficult to assess the many interests and benefits (e.g.
recreation, commerce, energy) involved with coastal issues.
Inadequate knowledge often results in ineffective decisions which '
fail to reach the goals of resource protection and growth.

2. It is difficult to balance economic, environmental, and social
benefits in the coast. In making decisions, state, regional and
local agencies weigh the benefits and costs in different ways
according to each agency's authorities and resources.

3. The responsibility for managing broad coastal issues is
diffused among many state, regional, and local agencies,
leading to fragmented and inefficient decisionmaking.
Coordinated long-range planning frequently is deficient,
resulting in a lack of predictability over the use and
conservation of coastal resources.

The Florida Coastal Management Act of 1978 directed the
Department of Environmental Regulation to develop a coastal program
based on existing statutes and rules. Because several agencies carry
out programs under these statutes, the state coastal program is based
on concurrent administrative responsibilities.

The coastal program gives the state the mechanisms and resources
to focus various agency responsibilities on broad issues and provides
unified mutually supportive ways to head off conflicts and solve
problems. Thus, one of the major efforts of the coastal management
program will be to address issues that are affected by the allocation
of authority among different agencies. These issues are most effec-W
tively dealt with through coordinated interagency actions.

The coastal management program provides the framework to shape a
less fragmented, more rational and predictable management scheme. Two
elements provide the primary means to coordinate and unify state agency
activities - the Interagency Management Committee and the coastal
program's improvement of routine procedural cooperation between state
agencies. These elements have been formalized by two joint resolutions
issued by the Governor-and Cabinet,, and four memoranda of understanding
between various state agencies and the Governor's Office. The
enforceability of these instruments is discussed in detail in Generic
Response one in Part VI of this document.

ROLE OF THE INTERAGENCY MANAGEMENT COMMITTEE

one way to solve these complex coastal problems is through an
organizational innovation which increases joint efforts between
agencies. An effective way to do this without altering existing
statutory arrangements is'through a collegial body; a partnership of
state agencies which can reach consensus on multi-jurisdictional

II-256

issues. Such a body will insure that agency heads act in concert when
* ~joint decisions must be made, and when the most effective pooling of
other allocation of agency resources must be made.

In August, 1980, the Governor and Cabinet issued a Joint
Resolution (see Addendum) establishing the Interagency Management
committee (IMC). As provided for in the joint resolution, the IMC
consists of the Secretaries of the Departments of Commerce,
Environmental Regulation, Transportation Health and Rehabilitative
Services and Veteran and Community Affairs, the Director of the
Division of Archives, History and Records Management in the Department
of State, the Director of Forestry in the Department of Agriculture
and Consumer Services, the Executive Directors of the Department of
Natural Resources and the Game and Freshwater Fish Commission, and the
Director of the Governor's Office of Planning and Budgeting. An
opinion rendered by the Florida Attorney General on July 7, 1981 (see
Addendum), however, concluded that, absent specific statutory author-
ity, the Governor may not by executive order give binding directions to
any of the State executive departments concerning implementation of the
Florida Coastal Management Plan. In response to this opinion, which
questioned the basic enforceability of the August 1980 Joint Resolution
on the IMC, the member agencies of the IMC listed above have signed an
additional memorandum of understanding (the "IMC MOU") in which the
heads of each agency bind themselves to the original provisions of the
joint Resolution. The adoption of the IMC MOU ensures the enforceabi-
lity of the principal organizational element of the FCMP.

Through the first year of Federal approval, the Joint Resolution
directs that the IMC will be chaired by the Department of Environmental
Regulation (DER). Subsequently, the chair will rotate among the DER,
DNR, and DVCA on a yearly basis. A proposal to amend the Joint
Resolution has been made which, if adopted, would provide that the
Lieutenant Governor serve as permanent chairperson of the IN4C. The DER
will provide staff support under the Office of Coastal Management for
IMC activities.

The IMC is an advisory body which serves several purposes, each
one requiring a special emphasis on mutual decisionmaking and joint
actions.

1. The IMC will serve as a central mechanism for carrying out a
coordinated interagency coastal management program. In this role,
it will focus its efforts on addressing the coastal program's
'Issues of Special Focus".

2. The INC will identify problems and develop joint problem-solving
ventures.

3. The INC will develop better ways to resolve conflicts and incon-
sistencies in the implementation of laws and funding programs.

II-257

The INC provides a forum in which state agencies address pertinent
multi-jurisdictional issues. The IMC is not a regulatory body. It is
to make recommendations to the Governor and the Cabinet, including neli t
legislation, memoranda of understanding, rulemaking, etc. If neces-
sary, final actions on IMC recommendations will be taken by the
Governor and Cabinet and/or the Legislature. Although all state agen-
cies are not included on the IMC, their assistance in meeting INC and
coastal program goals is provided by the Joint Resolution on the IMC.

The DER Office of Coastal Management will provide staff support to
the IMC. In this capacity, the staff will:

1. Provide the INC with recommendations for projects which address
"Issues of Special Focus*.

2. Provide FCMP budgets and 306 grant applications to the IMC for
review.

3. Provide the INC with issue papers defining problems and outlining
approaches to solutions.

4. Assist member agencies to design projects, including developing
project objectives and methodologies. Coordinate activities of
other participants, such as federal agencies, local governments,
and others.

5. Assist the INC with its review of projects by monitoring progress
and evaluating reports prepared by member agencies or others.

6. Upon completion of projects, prepare final reports and provide
recommendations to carry out agency initiatives.

7. Help member agencies develop memoranda of understanding, new
legislation, rules, etc.

B. Advise the IMC on administrative matters to be resolved between
agencies, and.FCMP activities on behalf of agencies.

member agencies of the INC were selected because of the importance
of each agency's program to coastal management and to other resource
management programs in the state. Each agency administers one or more
programs which have a clear impact on resource management issues.

- The Departmen t of Commerce is the state's chief economic develop-
ment agency. The Department is headed by a Secretary appointed by
the Governor. Its economic development programs impact upon the
resource management responsibilities of the other IMC members.

- The DOT also is headed by a Secretary appointed by the Governor
and is responsible for developing and maintaining a balanced and
efficient transportation system.

11-258

- included in the responsibilities of the Department of Health and
Rehabilitative Services are a variety of public health issues,
programs related to radiation control (important in phosphate
mining areas) and arthropod control, along with significant
responsibility for public drinking water supplies and for
individual sewage disposal systems. The DHRS is headed by a
secretary appointed by the Governor.

- The Department of Veteran and Community Affairs is headed
by a Secretary appointed by the Governor. The Department is
responsible for administration of the Developments of Regional
impact, Areas of Critical State Concern, the Coastal Energy
Impact Program, state efforts related to the Local Government
Comprehensive Planning Act, and for disaster preparedness.

- The Game and Fresh Water Fish Commission is one of the few state
agencies established by the Florida Constitution. The head of the
agency is a five-member commission appointed by the Governor. The
Commission exercises the state's exclusive jurisdiction over fresh
water fish, birds, and both upland game and non-game animals,
including endangered species.

- in addition to its role in preparation of the state's biennial
budget for the Office of the Governor, the Governor's Office of
Planning and Budgeting also plays an important role in the
development of the State Comprehensive Plan required by Chapter
23, Florida Statutes.

- The Division of Archives, History and Records Management, Depart-
ment of State, is headed by the Secretary of State who appoints
the Division Director. The division is chiefly responsible for
the location of, identification, and preservation of historical
and archaeological materials and sites.

- The Division of Forestry of the Department of Agriculture and
Consumer Services administers the state's forestry programs and
the state forest system. The Division Director is appointed by
the Commissioner of Agriculture, a member of the Florida Cabinet.

- The Department of Natural Resources is headed by the Governor and
Cabinet, and is run by an Executive Director. The Department
administers all programs relating to salt water fisheries,
programs relating to coastal protection and erosion control,
and operates the state lands programs which include the state's
aquatic preserves system as well as its Environmentally Endangered
Lands programs. The DNR conducts the State's comprehensive
outdoor recreational planning programs.

-The Department of Environmental Regulation administers the major
programs relating to air and water pollution, solid and hazardous
waste management, water resources, and wetlands.

11-259

A complete description of the laws under which the DER and the
other agencies operate is found in Part II, Section Two.B.

PROCEDURAL COORDINATION BETWEEN KEY STATE AGENCIES

The Florida Coastal Management Act of 1978, directed the Depart-
ment of Environmental Regulation (DER) to prepare a coastal management
program based on existing statutes and administrative rules. Because
the program is based on the laws and procedures distributed among
several agencies, the existing responsibilities of these agencies must
be coordinated for effective implementation to take place. These
agencies, in addition to the DER, will play key roles in the imple-
mentation of the Florida Coastal management Program.

Coordination between state agencies takes place on two levels.
The first level will occur through the activities of the Interagency
Management Committee. The second level consists of the routine proce-
dural elements of coastal management and will reduce conflict between
programs, reduce duplication of agency efforts, and provide for unifie
management decisions.

The bulk of the day-to-day implementation will fall upon three
agencies which administer key state coastal resource management
programs - the Department of Environmental Regulation, the Department
of Natural Resources, and the Department of Veteran and Community
Affairs. Working arrangements and formal agreements concerning
particular tasks will be established in the future between all of the
agencies involved in the coastal program. However, because of the
central importance of these three agencies, current program efforts arf
directed at coordinating their roles and responsibilities. The
following statutory authorities and responsibilities of these agencies
are essential to the development and implementation of the FCMP.

1. The Department of Environmental Regulation (DER) administers
most of the state's environmental permitting programs, including:

a. Sources of air and water pollution, statewide; Chapter 403,
F.S.
b. Dredging and filling on submerged lands, waters of the state.
and wetlands; Chapter 253 and 403, F.S.
c. Electrical Power Plant Siting, Transmission Line Siting, and
Industrial Siting, Chapters 288 and 403, F.S.
d. Water Wells; Chapter 373, F.S.
es State Water Use Plan related to the regulation and control of
water resources throughout the state; Chapter 373, F.S.

In addition, the DER, pursuant to Section 380.22, F.S., of
the Florida Coastal'Zone Management Act of 1978, must develop and
administer the state's annual Section 306 grant pursuant to the
federal Coastal Zone Management Act of 1972. With an approved
program, the DER, as lead agency, will have the responsibility to

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insure that participating state agency actions comply with the
provisions, policies and work objectives presented in the state
coastal management program.

2. The Department of Natural Resources (DNR) manages most of the
state's natural resources, including the following program areas:

a. Management of all state-owned lands including submerged
sovereignty lands administered through the Board of Trustees
of the Internal Improvement Trust Fund; Chapter 253, F.S.
b. Management of recreation and conservation areas, aquatic
preserves, state parks, wilderness areas, environmentally
endangered lands, and recreational trails; Chapters 258, 259,
260, and 375, F.S.
c. Shoreline use and protection; beach nourishment and erosion
control projects; assurances of adequate beach access,
establishment of coastal construction control lines; Chapter
161, F.S.

d. The conservation and management of marine fishery resources;
Chapter 370, F.S.
e. Mineral resources, Chapters 253 and 377, F.S.

The DNR also is the owner/administrator of the Apalachicola
River and Bay and the Rookery Bay Estuarine Sanctuaries as well as
the joint owner/administrator of the Key Largo and Looe Key Marine
Sanctuaries developed as part of the Coastal Management Program.

3. The Department of Veteran and Community Affairs administers
the following activities related to the coastal management
program:

a. Coordination of the state's responsibilities related to
Developments of Regional Impact and Areas of Critical State
Concern; Chapter 380, F.S.
b. Primary agency for implementation of the Coastal Energy
Impact Program (CEIP) under the Federal Coastal Zone
Management Act, as amended; 16 U.S.C. 1451 et. seq..
c. Implementation of a state disaster preparedness program to
reduce vulnerability to damage, injury and loss of life and
property from natural or manmade hazards; Chapter 252, F.S.
d. Reviews 10-year siting plans for Florida electrical
utilities under Chapter 23, F.S.

In order to formalize the working relationships between these
three agencies, a principle coordination memorandum of understanding
has been signed by DER, DVCA, and DNR (see Addendum). This memorandum
outlines the responsibilities of each of the three agencies and
identifies the procedural steps that the agencies will use to ensure
a coordinated state agency approach to address specific programmatic
issues utilizing both Section 306 and 308 funds provided under the
Federal CZMA.

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INITIAL IMC ACTIONS REGARDING STORK HAZARD MITIGATION

The primary purpose of the IMC is institutional. It will focus
the attention of the appropriate state agencies on broad coastal
issues, and will coordinate the agency programs to address these
issues. Operating primarily through funding and technical assistance
provided by the FCMP, the Interagency Management Committee will addres
pressing coastal issues outlined in the 'Issues of Special Focus'
section of the program. Special IMC attention will be placed on
several issues: more efficient and effective administration of the
laws which make up the FCMP, balancing the conservation of natural
resources with the needs of an expanding economy, storm hazard
management, and funding practices which create conflicts with natural
resource management policies.

The Committee already has been charged by the Governor and
Cabinet to pursue improved storm hazard management, and has started
several efforts which already have resulted in a joint resolution,
two memoranda of agreement, revision of several rules, and
more effective coordination mechanisms for mitigating hazards.
Although the three central agencies - DER, DNR, and DVCA - in the
coastal program played the major role in this initiative, the
activities discussed below are not limited to these agencies.

An initial hazards MOU signed by the agencies and the Office of
the Governor in July, 1980, outlined the following objectives for the
state Hazards effort (see also text of MOU on Hazards in Addendum):

1. All agencies will expend state funds only in a manner
consistent with state policies on coastal zone management
and hazard mitigation.

2. All agencies will expend federal funds and develop new federal
program applications only in ways consistent with state policies
on coastal zone management and hazard mitigation.

3. All agencies involved in coastal zone management and hazard
mitigation will cooperate in reviewing rules and processing
permits involving those activities essential to effective coastal
zone management, particularly the mitigation of coastal hazards.

The signatory agencies also were to review a study by the Federal
Emergency Management Agency (FEMA) which, among other things, listed
federal governmental programs and their relationship to coastal
hazards. The Departments of Environmental Regulation and Veteran and
Community Affairs, based on their review of the study and review by
other agencies, were to prepare a report for the INC containing the
following information:

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1. Add to the list of federal programs affecting coastal storm
hazards any relevant programs (e.g. state) which may have been
* ~~omitted.

2. Explain how the listed programs help or hinder the state's coastal
hazard mitigation efforts.

3. indicate ways to improve the effectiveness of these programs as
coastal hazard mitigation tools through rule changes, internal and
interagency policy changes, statutory changes, and/or funding
changes.

4. Establish priorities for implementing those program changes which
will improve the effectiveness of coastal hazard mitigation in
Florida.

Based on the work undertaken pursuant to the Hazards MOU, a
Joint Resolution on Hazards was issued by the Governor and Cabinet
on December 16, 1980. This joint resolution formally identif ied a
number of state programs which should be reviewed concerning their
impact on hazard mitigation. The programs and actions completed or
currently under review are: (1) location of wastewater management
facilities - DER is finalizing Chapter 17-6, F.A.C. to reflect
consideration of storm hazards (see draft rule, Addendum); (2) bridge
access to undeveloped barrier islands - DOT, DER, and Governor's
office signed a memorandum of understanding on January 6, 1981 which
prohibits the approval of road or bridge projects involving the
. expenditure of federal or state funds to provide new access to
undeveloped barrier islands unless an overwhelming public interest can
be demonstrated (see Addendum); (3) beach renourishment projects - DNR
has addressed storm hazards as a part of Chapter 16B-33; (4) public
works projects - DER's public works rule, Chapter 17-26 F.A.C.,
incorporates consideration of storm hazards (see Addendum); and (5)
purchase of conservation and recreation lands - the Conservation and
Recreational Lands Program provides for purchase of high hazard and
flood prone areas.

Under existing law (Chapter 252, F.S.), the Department of Veteran
and Community Affairs is establishing a procedure to coordinate hazard
management. Through the resolution the Departments of Environmental
Regulation, Health and Rehabilitative Services, Natural Resources, and
Transportation 'have agreed to report pending actions (including
developing rules) which might impact an the state's hazard mitigation
policy to the Department of Veteran and Community Affairs (DVCA). DVCA
will review pending actions and make recommendations and comments to
the agencies which will incorporate these comments before affecting
pending actions. In addition, DVCA and DER are preparing a report
which will include an analysis of agency actions and hazard problems
and contain recommendations to be presented to the IMC and the Governor
and Cabinet. The work begun under these institutional improvements
will result in a more integrated and rational approach to reducing the
loss of life and property and will also result in more expedited
governmental decisionmaking.

Is ~~~~~~~~~11-263

REGIONAL AND LOCAL AGENCIES

WATER MANAGEMENT DISTRICTS is

The state is divided into five water management districts (WMD),
the South Florida Water Management District, the Southwest Florida
Water Management District, the Northwest Florida Water Management
District, the Suwannee River Water Management District, and the St.
Johns River Water Management District; Chapter 373, F.S. Each is
headed by a nine-member board appointed by the Governor for four year
terms. Each has the authority to levy ad valorem taxes to support its
programs. In addition, operating funds may be provided by the Legis-
lature from the general revenue fund.

Water Management Districts will be involved in the implementation
of the coastal management program through Chapter 373, F.S. Each
District has authority to regulate the use, transfer and consumption ol
water through the regulatory authority delegated by the Department of
Environmental Regulation under Chapter 373, F.S. The most important
role of the WMDs will relate to their authority to manage the ground
and surface waters of the state. For a discussion of these
responsibilities, see the section on Program Authorities of this
document.

REGIONAL PLANNING COUNCILS

The state is divided into eleven regional planning councils.
Each council is headed by a governing body which is made up of
representatives appointed by local governments and the Governor.
Each council has the authority to fix and collect membership dues
to support its work. In addition, operating funds may be provided
by the Legislature.

Based upon legislation passed in 1980, each council must develop
and adopt comprehensive regional policy plans. These plans must be
consistent with Chapters 373 and 403, F.S. and they shall be used to
review developments of regional impact, local government comprehensive
plans and federally assisted projects. Regional planning councils will
be involved in the implementation of the coastal management program
based upon Chapters 160 and 380, F.S.

Councils have had a formal role in reviewing developments of
regional impact (DRI's) for a number of years. This role was augmented
and strengthened with the passage of the Regional Planning Council Act
of 1980. Thus, one role of the councils will be to develop and
implement rules for reviewing DRI's. In addition to this formal role,
the support and assistance of councils will be needed to address
certain issues of special-focus. In some cases, a council may have
an informal role while in other cases, they may utilize coastal
management funds to address a specific coastal issue. For example, the
support and active participation of councils will be crucial to the
development of effective hurricane evacuation plans. Finally, the
councils will be requested to continue to assist the Department with

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meeting its public participation obligations. Further explanation
of this role can be found in the succeeding discussion on public
O ~participation.

LOCAL AGENCIES

A comprehensive Coastal Management Program must include regional
and local agencies, including county and municipal governments, soil
and water conservation districts, ports, beach and shore preservation
districts, and mosquito control districts.

While the specific involvement of each local agency will vary
widely, the general types of opportunities and responsibilities
of these agencies in program implementation will be similar. For
instance, local agencies have both formal and informal roles related to
the authorities of the program. Local governments must approve the
deposition of fill onto submerged lands, and ports are responsible for
preparing both port plans and spoil disposal plans. Thus, these
agencies have and will continue to have roles in implementing existing
statutues upon which the program is based. In addition to these
existing roles, local agency support and assistance will be needed to
address many of the issues of special focus. In some cases, these
agencies will play an informal role and may be asked to provide
information and review proposed state agency activities. In other
cases, these agencies will have a more formal role and will utilize
-coastal management funds to address a coastal issue. For example,
local government action will be crucial to addressing new initiatives
related to urban waterfronts and shoreline access. Further discussion
. of the roles of these agencies on this program can be found in the
sections on Program Policies and Authorities, Issues of Special Focus,
and Program Funding.

PUBLIC PARTICIPATION AND CITIZEN INVOLVEMENT

The Florida Coastal Management Program, as it develops, will
involve and have an impact upon a large number of persons and groups.
Public participation and citizen involvement is an important element in
the program during its development as well as after implementation.
Public participation is incorporated through a State Coastal Resources
Advisory Committee as well as through the requirements of a number of
state statutes.

COASTAL5 RESOURCES ADVISORY COMM�ITTEE

The Governor has established a State Coastal Resources Advisory
Committee to assist with the implementation of the coastal management
program. This committe e is comprised of persons representing
government, industry and environmental interests, as well as various
regions of the state. Members will serve for two years. Further
tenure will be subject to reappointment by the Governor. While
committee membership will be kept small, the committee will be
encouraged to draw upon experts and interested parties within the
state when dealing with coastal issues.

The state advisory committee will advise both the DER and the
Interagency Management Committee on the coastal management program.
The functions of the committee are to:0
1. Review and recommend priorities concerning the issues of.~speciaa
focus and other coastal issues. The analysis and recommendation
of the committee would be forwarded to the Governor for action
referral to the Interagency Management Committee.

2. Review priorities for allocating coastal management funds and
technical assistance;

3. Review and comment on Department rules related to coastal
management and

4. Suggest new or additional legislation necessary to better
implement the Florida Coastal Management Program.

The DER, with the assistance of coastal regional planning
councils may also reestablish the Regional Coastal Advisory
Committees. These Committees may constitute a subcommittee of the
region's Citizens Advisory Committee or they may be a separate entity
altogether. Although the involvement of these Regional CAC's in the
recent development of the FCMP has been reduced because of lack of
funding, the committees may be reestablished as a means of regional
input into the program. A representative of these regional bodies
will sit on the state CAC.

CITIZEN PARTICIPATION - STATE STATUTES

Citizen participation in the implementation of the Coastal
Management Program is guaranteed by Chapters 119, 120, and 403, F.S.
Participation occurs in three ways: access to public information,
participation in rule making (standards and procedures), and
participation in adjudications (licensing and enforcement).

Access to Public Information

A number of statutes guarantee the public access to public
information.

1. Chapter 119, F.S., makes the vast majority of tapes,
photographs, books, maps, letters, recordings, and other
documents and materials in the possession of state and local
governmental units open to public inspection and copying.

2. Chapter 120, F.S., the State Administrative Procedures Act,
requires agency activities, actions and procedures to be
accessible to the public.

Finally, Section 286.011, F.S. requires that all meetings, and
decisions, of state or local government boards or commissions be held,
and made, in public at a time and place for which reasonable notice has
been given.

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Rulemaking

Section 120.54, F.S., prescribes the minimum procedures to be
followed by agencies in the adoption of rules. In addition to rule
adoption proceedings initiated by an agency, any person regulated by
an agency or having a substantial interest in any agency rule may
petition an agency to adopt, amend, or repeal a rule, s. 120.54(5),
F.s. Prior to adopting a rule, the agency must give public notice of
its intended action, setting forth the purpose and effect of the
proposed rule, a summary of the proposed rule, the specific legal
authority under which its adoption is authorized, and a summary of the
estimated economic impact of the proposed rule on all persons affected,
s. 120.54(1), F.S.

Adjudications

Section 120.57, F.S., prescribes the procedures to be followed in
proceedings in which the substantial interests of a party are deter-
mined by an agency. Usually, such proceedings involve the issuance or
denial of a license or an administrative enforcement proceeding for the
violation of a rule or license.

Three types of proceedings are provided: formal, trial-type
hearings where there is a dispute over a material fact; informal
proceedings; and informal disposition by stipulation, agreed
settlement, or consent order. In addition to license applicants and
respondents to administrative enforcement actions, third persons may
. ~intervene in or initiate proceedings, if they have a substantial
interest which will be affected by the proposed agency action or are
granted standing to intervene by some other provisions of the
Constitution, statute, agency rule or decision; s. 120.52(10), F.S.

Section 403.412(5), F.S., accords standing to any citizen of the
state to intervene in any administrative, licensing, or other pro-
ceedings authorized by law for the protection of the air, water, Or
other natural resources of the state from pollution, impairment, or
destruction. Intervention under this section must be predicated
upon the filing of a verified pleading asserting that the activity,
conduct, or product to be licensed or permitted has, or will have, the
effect of impairing, polluting, or otherwise injuring the air, water,
or other natural resources of the state.

Enforcement

In addition to the enforcement provisions provided in the various
substantive resource management statutes, two general citizen enforce-
ment provisions are found in Chapters 120 and 403, F.S. Under Section
120.69, P.S., a regulating agency or any substantially interested
person who is a resident of the state may file a petition for enforce-
ment in the circuit court where the subject matter of the enforcement
is located. Petitions for enforcement filed by residents must be
preceded by giving notice of the violation to the affected agency, the
attorney general, and the alleged violator at least sixty days prior

ii-267

to the filing of the petition with the circuit court, In the
discretion of the court, the prevailing party may be awarded all or
part of the costs of litigation and reasonable attorney's fees and0
expert witness fees.

Section 403.412, F.S., the Environmental Protection Act of 1971,
authorizes the Department of Legal Affairs (Attorney General) any
political subdivision or municipality of the state, or citizen of the
state to institute an action for injunctive relief against the regu-
latory agency or the alleged violator to enforce by injunction the
laws, rules and regulations for the protection of the air, water and
natural resources of the state. Such suit may not be commenced unless
a verified complaint setting forth the facts upon which the complaint
is based has been filed with the regulating agency at least thirty day
prior to the filing of the suit. The prevailing party or parties shal
be entitled to costs and attorney's fees. In addition, the court may
require the plaintiff to post bond or cash where the plaintiff's
solvency or ability to pay any cost or judgement which might be
rendered against him is in doubt.

PROGRAM FUNDING

INTRODUCTION AND FEDERAL GUIDELINES

A, major incentive provided to states by Congress under the Coastal
Zone Management Act has been financial assistance. This assistance
has been available'to states since 1975 on a voluntary basis both to
develop and to implement a state coastal management program. The
assistance provides an incentive to states to look at their coastline
and develop a program to manage this area in a coordinated and
comprehensive fashion.

The Federal Coastal Zone Management Act, provides for assistance
in a variety.of areas. Each of the major types of assistance are
summarized as follows:

1. Program Development (Section 305)

Congress authorized $20 million annually for states to develop
management programs. This funding was authorized through 1979 and
Congress recently chose not to extend the funding authorization
for program development. The State of Florida's current efforts
are funded under this provision of the Act. Since its initial
grant in 1975, Florida has received approximately $3.5 million
under this section of the CZMA.

2. Program Administration (Section 306)

After a state has developed a program which meets its needs and is
consistent with the requirements of the federal act, it is
eligible to apply for funds to implement its program. Currently,

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$48 million annually is authorized through 1985. Further
discussion related to program administration can be found in
subsequent portions of the program funding section.

3. Resource Management Improvement (Section 306 A)

As a part of its recent reauthorization of the Coastal Zone
Management Act, Congress established a new section to provide
financial assistance for (1) acquisition of public access to beach
and shoreline areas, (2) the redevelopment of deteriorating and
underutilized urban waterfronts and ports in designated geographic
areas of particular concern (GAPC), and (3) preservation and
restoration projects in designated areas for preservation and
restoration (APR). Congress authorized $20 million annually for
resource management improvement grants.

4. Coastal Energy Impact Program (CEIP)(Section 308)

Congress authorized $800 million through 1985 to meet the needs
associated with energy development in coastal states. Loans and
grants are provided primarily to local governments to a) plan for
energy related impacts, b) provide new or improved public
facilities and c) compensate and/or restore valuable environmental
resources unavoidably lost from energy facilities development. To
date, Florida has been allotted over $3 million in Federal grants,
loans, and credit assistance, with substantially greater amounts
available if oil is found off or landed on Florida's coast. This
program is currently being administered-by the Florida Department
* ~~of Veteran and Community Affairs.

5. Estuarine Sanctuaries and island Preservation (Section 315)

This section of the Act is geared to the acquisition of
public lands. Congress authorized $9 million annually for 1)
acquisition, development and operation of estuarine sanctuaries
and 2) island preservation. The State of Florida is the only
state to have two such sanctuaries: Apalachicola Bay and Rookery
Bay. Designation of these two sanctuaries has provided Florida
with $4 million for land acquisition and management.

In general, a state must be participating in the federal CZM
program (i.e. program development or administration) in order to
receive funds under any of these sections. This requirement is
particularly important since the continued funding of both state and
local CEIP projects is dependent upon the eventual approval and
implementation of Florida's coastal management program. While the
Department of Environmental Regulation is the recipient of 306 funding,
the CZM Act does not preclude the passage of funds to other state and
local government agencies.

PROGRAM IMPLEMENTATION FUNDS (Section 306 and 306A)

The annual amount of funding available under Sections 306 and
* ~306A will be determined through a yearly grant application process.

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it is estimated that Florida would receive approximately $2.5 million
per year under section 306. Section 306A funds will be allocated as
they become available. This funding will vary based upon the number o
states participating in the program, and the amount of funding
appropriated by Congress.

Federal CZM funds which are allocated to Florida must be matched
at a federal to state ratio of 4:1. This matching share can be com-
prised of either cash or in-kind services. if the state were to
receive $2.5 million from OCZM, it would have to contribute $625,000
in cash and/or in-kind services. The remainder of the matching
share requirement which will have to be met by the Department and
state, regional or local agencies receiving pass-through funds. DER
is currently finalizing the CZM funding rule contained in the Adden-
dum.

1. Eligible Activities and Recipients

The activities which are eligible for funding will be based upon
both federal and state program objectives. The recent reauthori-
zation of the federal act brought about a number of changes
related to federal funding. First, Congress authorized substan-
tially increased funds for construction and acquisition projects
under Section 306A of the Act. Grants which meet the federal
regulations for this section may be used for 1) land acquisition,
2) low-cost construction projects, 3) urban waterfront and port
rehabilitation projects, 4) engineering and design studies and
5) educational and management costs. Second, Congress required
that coastal states expend an increasing proportion of each
Section 306 grant to meet national coastal management objectives.
These objectives are:

1. the protection of natural resources,
2. the management of development to minimize loss of life and
property,
3. priority consideration for the siting of coastal dependent
facilities,
4. provision of public access to coastal areas,
5. redevelopment of deteriorating urban waterfronts and ports,
6. the coordination and simplification of decision-making
procedures,
7. continued consultation and coordination with Federal
agencies,
S. continued public participation in coastal management
decision-making, and
9. assistance and support for the management and conservation
of living marine resources.

it appears that many of the national coastal management concerns
are also Florida concerns and, therefore, will be routinely
addressed in the state program. Consequently, program funds
will be utilized to meet the state coastal management goals,
by funding projects and tasks which address issues and
activities in coastal areas. i

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as To provide for coordinated intergovernmental approach for
the management of coastal areas.

(1) Eligible Activities:

The coordinated management of Florida's coast involves
a number of different agencies and it embodies numerous
aspects of the coordination process. The agencies
involved include those at the federal, state, regional
and local levels. It also involves some special
purpose government agencies such as port authorities.
The actual techniques utilized to carry out this
coordination include the provision of information
and technical assistance, the development of
intergovernmental management plans, the establishment
of administrative processes to resolve conflicts
between agencies and the administration of the State
Interagency Management Committee. The implementation of
this goal is a priority when directly related to state
program policies. Specific activities which would be
eligible for funding under the coastal management
program include:

(a) The efforts of the Florida Interagency Management
Committee (IMC) as it addresses the 'issues of
special focus" for the coastal area.

(b) The development by state agencies of reports,
studies and implementing procedures associated
with carrying out of recommendations adopted by
the INC.

(c) State agency efforts related to the review of
projects and activities for consistency with state
policies. Priority would be given to state
agencies specifically implementing the federal
consistency provisions of the CZHA.

(d) Administrative support for the Coastal Advisory
Committee.

(e) The obligations of the Department (DER) as it
carries out its lead agency functions as assigned
by the Legislature.

(2) Primary Eligible Agencies:

Lead State Agency
State Agencies
Water Management Districts

I1-271

b. To implement a management program for the protection and
development of coastal resources by improving the imple-
mentation and enforcement of existing state programs
affecting key coastal uses and areas.

(1) Eligible Activities:

The coastal management program of the State of Florida
derives its basic authority from a number of existing
state statutes. Therefore improved implementation of
the basic authorities of the state is a high priority
for the Florida Coastal Management Program. As
discussed previously, these statutes include:

Chap. 161 - Beachfront Construction
Chap. 252 - Disaster Preparedness
Chap. 253 - State Lands Management
Chap. 258 - Aquatic Preserves
Chap. 267 - Historic Preservation
Chap. 370 - Fisheries
Chap. 373 - Water Resources
Chap. 380 - Land and Water Management
Chap. 403 - Air and Water Pollution Control

While these existing state statutes are currently
implemented by state and local agencies, many agencies
can benefit from increased funding for program imple-
mentation and enforcement. While many activities are
eligible for funding, those activities which closely W
relate to the 'issues of special focus' or the 'geo-
graphic areas of particular concern' will receive
priority for funding. Some specific examples consist
of:

(a) Development of a special element of the State
Disaster Preparedness Plan for barrier islands and
other coastal high hazard areas.

(b) Development of resource inventories, management
plans and rules for state aquatic preserves.

(d) Designation of minimum flow rates for major river
systems by water management districts.

(e) Improved management of areas identified as
(1) "geographic areas of particular concern'
and (2) resource planning and management areas
pursuant to Chapter 380.045.

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(f) Development of maintenance dredging plans for port
harbors pursuant to Chapter 403.061.

It should be noted that these are only a few of the
different types of activities which could receive
funding. While these federal funds can be utilized for
implementing existing state programs these funds cannot
be substituted for current state funding.

(2) Primary Eligible Recipients:

State Agencies
Water Management Districts

c. To improve local government capabilities in addressing
key coastal management issues.
(1) Eligible Activities:

Local government activities eligible for funding fall
into four categories: resource management improvement
projects, local implementation of state policies,
regional planning activities and demonstration
projects.

(a) Resource Management Improvement Projects

Recent amendments to the Federal Coastal Zone
Management act established a new category of
federal grants. These Section 306 A grants can be
used for 1) preservation or restoration projects,
2) the redevelopment of underutilized urban
waterfronts and ports that are designated as areas
of particular concern and 3) the provision of
public access to beaches and coastal areas.

eligible activities include:

(i) land acquisition,
(ii) low-cost construction projects;
(iii) rehabilitation and shoreline stabilization
measures related to the redevelopment of urban
waterfronts and ports,
(iv) engineering and design studies, and
(v) educational, interpretive and management
costs.

It'should be noted that 306 A funds may be used to
meet matching share requirements of other Federal
grants spent for these projects.

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(b) Local Implementation of State Policy

Several state statutes provide for the local
implementation of state policy subject to state
administrative review and enforcement. In these
instances local government is specifically
assisting the state implement its policies and
therefore is eligible to receive funding under
the coastal management program.

Eligible activities include:

(i) Local administration of the coastal construc-
tion control line pursuant to Chap. 161, F.S.

(ii) Local administration of new or improved
pollution control programs certified under
Chap. 403, F.S.

(iii) The development and implementation of local
regulations for areas designated as areas of
Critical State Concern pursuant to Chap. 380,
F.S. and

(iv) Planning for water restoration projects and
enhancement of public access carried out unde:
Chap. 403.0615, F.S. Funds for additional
activities such as revegetation and detailed
architectural and engineering work would be
available subject to designation as an 'Area
For Preservation and Restoration" (see Part
II, Section Two.C.).

As discussed in the section of this report on
program organization, full implementation of the
state's coastal management program will require thE
assistance of the regional planning councils (RPC).
Recent legislation requires that regional planning
councils adopt comprehensive policy plans
consistent with Chapter 373 and 403 F.S. The new
statute also encourages councils to cooperate with
state and federal agencies in planning for disaster
preparedness. This recent legislation will be the
basis for participation and funding of the RPC's as
follows:

(i) The implementation of regional comprehensive
policy plans, particularly those sections
dealing with the management of natural
resources. Implementation would include the

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development of rules for the review of
Developments of Regional Impact pursuant to
Chapter 380, F.S.

(ii) Non-regulatory activities related to issues of
special focus including the development and
implementation of regional hurricane
evacuation plans.

(iii) Public participation activities related to
citizens advisory committees.
(d) Demonstration Projects

The Florida Coastal Management Program will
encourage the development of new and innovative
approaches to improve the management of the state's
coastal resources. Therefore, the state intends to
provide funds to local governments to address
coastal management issues on an innovative basis.

While the range of eligible activities is very
broad, priority will be given to those projects
which relate to the state "issues of special
focus.' in addition, to receive consideration a
project

(i) should deal with an issue or problem of
interest to other coastal communities and the
results of the project should also apply to
other coastal communities.

(ii) should not duplicate other projects which have
been either recently started or completed
within the state.

(iii) should be designed to implement adopted
comprehensive plans.

(2) Eligible Recipients:

Local governments and Regional Planning Councils.

2. Priorities and Guidelines for Project Funding:

The Department will utilize this section as a basis for adopting a
rule on the allocation of funds pursuant to Section 380.22(3). A
copy of this draft rule is in the Addendum.

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a. Project Priorities

Previous sections of the document indicate the three types W
projects (categories at b, c) eligible for funding under the
FCMP. While available ifunds can be utilized for these
projects, limited funds necessitate setting priorities for
project selection. Therefore, the following general priorit
system will be utilized in reviewing projects. More specif:
priorities for actual project selection will be established
on a yearly basis by the Department after review and comment
by the Interagency Management Committee and the State Coasta
Advisory Committee.

Priority I - This class of eligible projects includes
activities for improving the implementation and enforcement
of state programs. All projects listed in categori es 'a ar
lb' are included within this class. Also, local and regiona
implementation of delegated state programs as listed in
category 'c' would be first priority projects.

Priority 2 - This second class of eligible activities
consists of projects which address "issues of special focus"
and which are not covered in the first priority. This class
includes non-regulatory projects related to hurricane
evacuation planning and urban waterfront restoration. It
also includes demonstration and educational projects related
to the issues of special focus.

Priority 3 - This class includes all eligible low priority
projects that would be funded only after all eligible class
and class 2 projects have been funded. It would include all
demonstration and educational projects concerning relevant
coastal issues that do not address issues of special focus.

b. Project Guidelines

Each applicant will be required to provide 20% matching fund.
in the form of cash or in-kind services. All state agencies
water management districts, and regional planning councils
are eligible to receive funds. Local governments which abut
the Gulf of Mexico, the Atlantic Ocean or include or are
contiguous to waters where marine species of vegetation
constitute the dominant plant community are also eligible
to receive funds (see Table 13). In addition to this
requirement, local applicants must demonstrate that their
project proposal is consistent with their adopted local
comprehensive plan.

11-2760

TABLE 13

COUNTIES AND CITIES ELIGIBLE FOR
COASTAL MANAGEMENT FUNDS

BAY COUNTY CITRUS COUNTY FRANKLIN COUNTY

Bayview (no cities) Apalachicola
Callaway Carrabelle
Lynn Haven COLLIER COUNTY
Mexico Beach GULF COUNTY
Panama City Everglades City
Panama City Beach Naples Port St. Joe
Parker
Springfield DADE COUNTY HERNANDO COUNTY

BREVARD COUNTY Bal Harbour Village (no cities)
Bay Harbour Islands
Cape Canaveral Coral Gables HILLSBOROUGH COUNTY
Cocoa El Portal
Cocoa Beach Golden Beach Tampa
Indialantic Indian Creek Village
Indian Harbor Beach Islandia INDIAN RIVER COUNTY
Malabar Miami
Melbourne Miami Beach Indian River Shores
Melbourne Beach Miami Shores Orchid
Palm Bay North Bay Sebastian
Palm Shores North Miami Vero Beach
Rockledge North Miami Beach
Satellite Beach Surfside JEFFERSON COUNTY
Titusville
DIXIE COUNTY (no cities)
BROWARD COUNTY
Horseshoe Beach LEE COUNTY
Dania
Deerfield Beach DUVAL COUNTY Cape Coral
Fort Lauderdale Ft. Myers
Hallandale Atlantic Beach Sanibel
Hillsboro Beach Jacksonville
Hollywood Jacksonville Beach LEVY COUNTY
Lauderdale-by-the- Neptune Beach
Sea Cedar Key
Lighthouse Park ESCAMBIA COUNTY Yankeetown
Oakland Park
Pompano Beach Pensacola MANATEE COUNTY
Sea Ranch Lakes
Wiltons Manor FLAGLER COUNTY Anna Maria
Bradenton
CHARLOTTE COUNTY Beverly Beach Bradenton Beach
Flagler Beach Longboat Key (part)
Punta Gorda Marineland (part) Holmes Beach
Painters Hill Palmetto

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TABLE 13
(Continued)

MARTIN COUNTY Ocean Ridge ST. LUCIE COUNTY
Palm Beach
Jupiter Island Palm Beach Gardens Fort Pierce
Ocean Breeze Park Palm Beach Shores Port St. Lucie
Sewall's Point Riviera Beach St. Lucie Village
Stuart South Palm Beach
Tequesta SANTA ROSA COUNTY
MONROE COUNTY West Palm Beach
Gulf Breeze
Key Colony Beach PASCO COUNTY
Key West SARASOTA COUNTY
Layton New Port Richey
Munson Island Port Richey Longboat Key (part)
North Port
NASSAU COUNTY PINELLAS COUNTY Sarasota
Venice
Fernandina Beach Belleair
Belleair Beach TAYLOR COUNTY
OKALOOSA COUNTY Belleair Bluffs
Belleair Shores (no cities)
Cinco Bayou Clearwater
Fort Walton Beach Dunedin VOLUSIA COUNTY
Mary Esther Gulfport
Niceville Indian Rocks Beach Daytona Beach
Shalimar Indian Shores Daytona Beach Shores
Valparaiso Largo Edgewater
Madiera Beach Holly Bill
PALM BEACH COUNTY North Redington Beach New Smyrna Beach
Oldsmar Oak Hill
Boca Raton Redington Beach Ormond Beach
Boynton Beach Redington Shores Ponce Inlet
Briny Breezes Safety Harbour Port Oragne
Delray Beach St. Petersburg South Daytona
Gulfstream St. Petersburg Beach
Highland Beach Seminole WAKULLA COUNTY
Hypoluxo South Pasadena
Juno Beach Tarpon Springs St. Marks
Jupiter Treasure Island
Jupiter Inlet Coloney WALTON COUNTY
Lake Park ST. JOHNS COUNTY
Lantana (no cities)
Manalapan Marineland (part)
North Palm Beach St. Augustine
St. Augustine Beach

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f ~3. Application and Review Process

The Department of Environmental Regulation will conduct this
process consistent with Chapter 120, F.S. - Administrative
Procedures. The Department shall issue a notice that coastal
management funds are available in the Florida Administrative
Weekly. Subsequently, the Department will conduct an initial
review of the projects based upon criteria established in the
funding rule and input from the Interagency Management Committee
and the State Coastal Advisory Committee. Projects which receive
preliminary approval will be included as part of the Department's
grant request to the Federal Office of Coastal Zone Management
(OCZM) and will also be transmitted to the appropriate A-95
Clearinghouses. Final project approval will be subject to review
and approval by OCZM.

4. Project Reporting

Each project recipient will be responsible for preparing periodic
reports in relation to their project. In addition to these
regular progress reports, each recipient will be required to
prepare a final report on the project. This final report should
be completed in sufficient number to permit distribution to other
interested parties.

Subsequent to completion of the final report, the Department (DER)
will conduct an evaluation of the project. This evaluation will
focus on the applicant's success in meeting the original project
goals and objectives. These evaluations will assist the state
and OCZM4 in reviewing and evaluating future funding applications
and they will assist the applicant in both remedying any
shortcomings in the existing project and preparing future
project applications.

COASTAL ENERGY IMPACT PROGRAM' (Section 308)

One of the major elements of the Federal Coastal Zone Management
Act is the Coastal Energy Impact Program (CEIP). The CEIP is a fed-
erally funded assistance program designed to help local governments
which are being affected, or anticipate being affected by the siting,
construction, expansion, or operation of energy facilities in coastal
areas or on the Outer Continental Shelf. Local governments may use
CEIP grants and loans to plan for, and provide new or expanded public
facilities and services which may be needed as a result of coastal
energy activity. Assistance is also available to prevent or mitigate
unavoidable losses of environmental or recreational resources which may
be threatened by coastal energy activity.

Federal CEIP assi stance is provided through the Department of
Veteran and Community Affairs in the form of grants and loans which
are distributed according to the provisions of the CEIP Allocation
Strategy Plan (CASP). The CASP formns the basis for all CEIP awards

11-279

and is comprised of two components: (1) Evaluative Criteria for
determining the relative merits of each submittal requesting CEIP
assistance; and, (2) a Needs Assessment component for selecting needed
projects. All CEIP assistance proposals are evaluated in terms of
criteria reflecting policies and needs of the state as well as CEIP
goals and objectives. The Needs Assessment component determines the
relative merits of each proposal in terms of those geographic areas of
the state that are being, or are expected to be, most significantly
affected by coastal energy or outer continental shelf energy facilities
activities.

An important aspect of the CEIP Allocation procedure is
intergovernmental coordination. Goals, objectives and programs of
government agencies at all levels are considered in the review of all
CEIP assistance proposals. CEIP efforts are directed toward those
areas which are most in need of CEIP assistance and seeks to fund
projects which best meet the intent of the program and the needs
of the state.

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T ~~~~~~F. USES OF REGIONAL BENEFIT

. ~INTRODUCTION

The CZMA requires that the state through its coastal management
program assure that local government regulations do not unreasonably
restrict or exclude land and water uses of regional benefit. Section
306(e) states:

Prior to granting approval, the Secretary shall
also find that the program provides: (2) for a
method of assuring that local land and water use
regulations within the coastal zone do not
unreasonably restrict or exclude land and water
uses of regional benefit.

Furthermore, 15 CPR s. 923.12 requires the state to identify what
constitutes uses of regional benefit and to identify and utilize
methods to assure that local land and water use regulations do not
unreasonably restrict or exclude uses of regional benefit.

]DEFINITION OF TERMS

Based upon the language of the Federal regulations, activities are
considered to be of regional benefit in Florida if they:

1) are activities which have a direct and significant impact on
coastal waters, and

2) result in a multi-county environmental, economic, social or
cultural benefit.

An unreasonable local restriction of an activity is that which is
abritrary or capricious. An unreasonable restriction would not be
based upon rational or legal considerations and would exclude a
facility to the detriment of the region.

USES OF REGIONAL BENEFIT

in the process of identifying potential uses of regional benefit a
number of different types of facilities have been considered. Many
public services (i.e. sewage treatment, landfills) are provided by
local governments and these local governments have not exhibited a
trend toward excluding these types of public service facilities.
Therefore these types of facilities will not be designated as uses of
regional benefit. Instead the coastal management program will focus on
coastal land and water uses which, by their nature, might require
extension through more than one county or which meet a clearly recog-
nized need, not only for the particular region but for the State as a
whole. Therefore the following activities are designated as uses of
regional benefit:

1) Natural gas or petroleum pipelines;

2) State or federal highways;

3) State parks;

4) Ports; and

5)- Electrical generating plants and electric transmission
lines.

MANAGEMENT AUTHORITY

The State of Florida will rely on a number of existing authorit:
to address uses of regional benefit. These authorities include land
acquisition powers and specific powers related to electrical generate
plants and transmission lines.

Land Acquisition

The power to acquire lands by negotiated purchase or eminent domain i
a primary means by which the state can assure that sites are availabl
for various uses of regional benefit.

1. Pipelines - Companies operating natural gas pipelines have the
right of eminent domain to survey and construct pipelines and
accessory works on any public or private land as necessary for t.
most advantageous route. These companies also have the authorit2
to construct pipelines across, over, under or along any stream,
canal, bay, lake, road, railroad and transmission line.
(Chap. 361.05, F.S.)

Companies operating petroleum pipelines also have the right to
eminent domain and all other rights granted to natural gas
companies for the purpose of acquisition of rights-of-ways.
However, their eminent domain authority is limited to private
property. Yet, they have the right to all necessary permits to
install and operate pipelines on public property subject to only
reasonable regulations.

2. Highways - The Florida Department of Transportation has the power
of eminent domain to condemn all necessary lands for the purpose
of securing rights-of-way, borrow pits and drainage ditches for
existing, proposed or anticipated roads in the State Highway
System. (Chap. 337.27, F.S.)

3. State parks - The Division of Recreation and Parks of the Florida
DNR is authorized to acquire private property for both state parks
and rights-of-way for state parks. Use of eminent domain
procedures is authorized, but such use may require legislative
approval. (Chap. 258.007(1), and 258.021)

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4. Ports - Both port districts and port authorities created under
general or special law are authorized to acquire property by
purchase, grant, gift, lease or by the exercise of the right of
eminent domain. (Chap. 315.03).

Electrical Generating Plants and Transmission Line Siting

As described in the Authorities discussion, the siting of steam or
solar electrical power plants of 50 megawatts in capacity or greater is
governed by the Florida Electrical Power Plant Siting Act, Part
II Chapter 403 F.S. Siting licenses are issued by the Governor and
Cabinet and constitute the sole license required in the state for the
construction and operation of the facility. As a part of the siting
process the proposed plant is reviewed for consistency with the local
land use plan and zoning ordinance. If the plant is found to be
consistent with these local regulations, the responsible local agencies
are prohibited from changing their regulations. A finding that the
proposed plant is inconsistent with local regulations requires the
applicant to seek a rezoning. A denial of this rezoning request can be
overriden by the Governor and Cabinet if it is determined to be in the
public interest to override the local regulations.

The siting of electrical transmission lines of 230 kilovolts or more
which cross county lines is governed by the Transmission Line Siting
Act (Chap. 403.521 F.S.) This Act provides for a six month central-
ized licensing process closely based upon the procedures followed in
the Power Plant Siting Act. The Act supersedes all other state and
local laws in regard to the siting of transmission lines.

11-283

G. NATIONAL INTEREST

The Coastal Zone Management Act imposes extensive obligations on
the state to coordinate the development of its coastal program with all
affected federal agencies. In addition to providing opportunities for
participation in all formal reviews by interested federal agencies, the
Act requires that the U.S. Secretary of Commerce not approve any state
program which does not provide for

adequate consideration of the national interest
involved in planning for, and in the siting of,
facilities ... which are necessary to meet require-
ments which are other than local in nature..
(Section 306(c)(8)).

A balance must be provided when planning for and siting
facilities between the national interest and conservation and
protection of coastal resources.

The rules and regulations for development and approval of state
coastal management programs are very specific about consideration of
the national interest in coastal management planning. To meet the
requirements of the Coastal Zone Management Act, Florida must:

1. Describe the national interest in the planning for and
siting of facilities considered during program development.

2. Indicate the sources relied upon for a description of the
national interest in the planning for and siting of the
facilities.

3. Indicate how and where the consideration of the national
interest is reflected in the substance of the management
program.

4. Describe the process for continued consideration of
the national interest in the planning for and siting of
facilities during program implementation.

Because of these explicit requirements, Florida has sought to
identify the national interest in its coastal zone primarily through
meetings and correspondence with federal agencies, review of other
states' coastal management programs, review of the President's
Executive Orders on Wetlands and Floodplain Management, and the review
of regulations issued by the Office of Coastal Zone Management.
Additional input on national interests will be received during the
remaining months of program development through formal public hearings
and, most importantly, through intensified coordination with izndividual
federal agencies.

identification of the national interest began early in the
program development when Florida developed mechanisms to coordinate,
consult with, and include the participation of federal agencies. As a

iI-284

part of this participation, affected federal agencies were asked to
identify activities and considerations in the national interest from
their own perspectives. During the reviews of the Status Report (1976
and the Workshop and Legislative drafts of the Coastal. Management
Program (1977 and 1978), they were again asked to review and comment
upon how adequately the national interests had been considered and to
identify areas where greater consideration was needed.

Based on these meetings and requests, a strong national interest
in Florida's coastal zone was identified for the following kinds of
activities and associated facilities.

Uses Associated Facilities

1. National Defense and Aerospace Military bases and instal-
lations; defense manufac-
turing facilities;
aerospace facilities.

2. Energy Production and Transmission Oil and gas rigs, ref in-
eries, storage, distri-
bution and transmission
facilities; power
plants; deep water ports;
LNG facilities; geothermal
facilities; coal mining
facilities.

3. Recreation National seashores, .
parks, forests.

4. Transportation Interstate highways,
railroads, airports,
ports.

Given the extensive interstate nature of the Florida economy, its
rapidly growing population, its strategic location from a national
defense standpoint, and its sensitive environment, the state's interest
is generally indistinguishable from the national interest. The state
is confronted with the same types of policy conflicts and choices as
the federal government; i.e. resource conservation versus resource
utilization.

NATIONAL DEFENSE AND AEROSPACE

To determine the national interest in national defense and
aerospace, the department consulted the Department of the Air Force,
the Department of the Navy, the U.S. Army Corps of Engineers, the
National Aeronautics and Space Administration, and the U.S. Coast
Guard.

The State has determined that the national interest in national
defense and aerospace is to ensure the sovereignty of the nation and

11-285

protect its citizens against physical harm or expropriation, and to
. establish and maintain the facilities necessary to carry out this
mission.

The State recognizes the importance of national defense facili-
ties to ensure the nation's sovereignty and to protect its citizens.
Obviously, strategically located defense facilities are necessary to
achieve these ends.

Ten major military installations are located in Florida -
Homestead Air Force Base (Dade County), Eglin Air Force Base (Okaloosa,
Santa Rosa and Walton Counties), Tyndall Air Force Base (Bay County),
MacDill Air Force Base (Hillsborough County), Patrick Air Force Base
(Brevard County), Jacksonville Naval Air Station (Duval County), Key
West Naval Air Station (Monroe County), Pensacola Naval Air Station
(Escambia County), Mayport Naval Station (Duval County), and the Key
West Naval Base (Monroe County). Also, a major aerospace installation,
the John F. Kennedy Space Center, is in Brevard County. In addition,
there are a number of Coast Guard stations along Florida's coast. A
more complete list of defense installations is provided in Table 14.

As shown by the large number of defense facilities in the State,
Florida has cooperated with federal agencies in providing for the
national defense. This cooperative effort will continue as Florida
implements its coastal management program through federal-state
consultation. The state will exclude these and other federal
facilities from the state's coastal zone as required by sections
. 305(b)(1) and 304(1) of the CZMA.

ENERGY PRODUCTION AND TRANSMISSION

To determine the national interest in activities related to energy
production and transmission, the following legislation, documents, and
federal agencies were consulted:

1. National Energy Plan;

2. Department of Energy Reorganization Act;

3. Outer Continental Shelf Lands Act;

4. U.S. Department of Energy;

5. Bureau of Land Management;

6. U.S. Geological Survey;

7. U.S. Department of -Transportation; and

8. U.S. Nuclear Regulatory Commission.

0 11~~~~~~~~I-286

TABLE 14

INVENTORY OF FEDERAL LANDS IN FLORIDA'S
COASTAL ZONE

NAME COUNTY ACRES

NATIONAL FOREST SERVICE

Apalachicola National Franklin,
Forest Liberty,
Wakulla 83,680.00

U.S. DEPARTMENT OF
INTERIOR

Gulf Islands National Santa Rosa,
Seashore Escambia
Okaloosa 33,713.98

Rookery Bay Bureau Collier
Land Management
Lands 311.26

Everglades National Monroe,
Park Collier,
Dade 1,301,349.00

De Soto National Manatee
Memorial 30.00

Fort Jefferson Monroe
National Monument 47,125.00

Biscayne National Dade
Park 174,701.00

Fort Matanzas National St. Johns
Monument 298.51

Castillo De San Marcos St. Johns
National Monument 20.36

Fort Caroline National Duvai
Monument 128.37

Scattered Islands in Collier
Gulf, Bureau of Land
Management 38.40

Pine Island South Lee
Bureau of Land
Managqment 592.21
592.2

NAME COUNTY ACRES

Hollywood Indian Broward
Reservation 40.00

Canaveral National Volusia,
Seashore Brevard 67,500.00

Mar-A-Lago National Palm Beach
Historic Site 17.70

St. Vincent National Gulf,
Wildlife Refuge Franklin 12,490.00

St. Marks National Wakulla,
Wildlife Refuge Jefferson,
Taylor 64,082.00

Cedar Keys National Levy
Wildlife Refuge 379.00

Chassahowitzka Citrus,
National Wildlife Hernando
Refuge 30,143.00

NOT USED

Pinellas National Pinellas
Wildlife Refuge 377.00

Egmont Key National Hillsborough
Wildlife Refuge 328.00

Passage Key National Manatee
Wildlife Refuge 36.00

Island Bay National Charlotte
Wildlife Refuge 20.00

Matlacha Pass National Lee
Wildlife Refuge 10.00

J. N. "Ding" Darling Lee
National Wildlife
Refuge 4,786.00

Charlotte Harbor Bureau Charlotte
of Land Management 1.29

Caloosahatchee Lee
National Wildlife
Refuge 40.00

11-288

NAME COUNTY ACRES

Pine Island National Lee
Wildlife Refuge 31.00

National Key Deer Monroe
Refuge 4,384.00

Great White Heron Monroe
National Wildlife
Refuge 4,122.00

Key West National Monroe
Wildlife Refuge 2,019.00

Big Cypress National Monroe,
Preserve Collier 168,320.00

Hobe Sound National Martin
Wildlife Refuge 1,228.00

Pelican Island Indian River
National Wildlife
Refuge 4,358.00

Merritt Island Brevard,
National Wildlife Volusia
Refuge 139,305.00

U.S. DEPARTMENT OF
THE ARMY AND U.S.
DEPARTMENT OF THE
AIR FORCE

U.S. Army Reserve Escambia
Center, Pensacola 5.00

Eglin Air Force Base
Air Force Systems
Command Santa Rosa 65,497.45

I" " " Okaloosa 247.209.13

" " Walton 152.783.91

Eglin Air Force
Auxiliary Field #10
Air Force Systems Santa Rosa Included on Main
Command Base

Eglin AF Auxiliary
Field #2 Air Force Okaloosa Included on Main
Systems Command Base

II-289

NAME COUNTY ACRES

Eglin AF Auxiliary
Field #3 Air Force Okaloosa Included on Main
Systems Command Base

Eglin AF Auxiliary
Field #6 Air Force Okaloosa Included on Main
Systems Command Base

Eglin AF Auxiliary
Field #9 Air Force Okaloosa Included on Main
Systems Command Base

Clausen Missile
Tracking Annex Air Okaloosa 3.00
Force Systems Command

Moreno Point Military Okaloosa
Reservation 12.70

Bowman Bayou Radio
Relay Annex IDIA
Air Force Systems Walton
Command 1.00

Lynn Haven AG PO1
Retail Dist. Station
Air Force Logistics Bay
Command 203.44

Panama City Radio
Relay Annex #01B
Air Force Systems Bay
Command 2.00

Springfield RR Siding
Annex (Tyndall Air
Force Base) Aerospace Bay
Defense Command 7.55

U.S. Army Reserve Bay
Center, Panama City 4.42

Cove Gardens Family
Housing Annex Aero- Bay
space Defense Command 33.21

Tyndall Air Force Base Bay 28,824.00

II-290

NAME COUNTY ACRES

Apalachicola Radio i
Relay Annex Aerospace
Defense Command Franklin 7.00

Ft. Rucker Helicopter
Weapons Testing Site Franklin 6.42

Carrabelle Missile
Tracking Annex Aerospace
Defense Command Franklin 36.30

St. George Missile
Tracking Annex Franklin 1.00

Cape San Blas Missile
Tracking Annex #D3
Air Force Systems
Command Gulf 520.60

Anclote Missile Tracking
Annex tD4 Air Force
Systems Command Pasco 49.65

U.S. Army Reserve
Center, Clearwater Pinellas 4.25

Pinellas District
Plant of A.E.C. Pinellas 98.59

Jacksonville IAP, ING Duval 158.00

U.S. Army Reserve
Center St. Petersburg Pinellas 7.54

U.S. Army Reserve
Center, (Drew Field) Hillsborough 14.19

MacDill Air Force
Base Tactical Air
Command Hillsborough 5,744.56

MacDill ILS Middle
Marker Annex Tactical
Air Command Hillsborough .29

Avon Park Auxiliary
Airfield Highlands 5,181.00

Cudjoe Key Air Force
Station Aerospace
Defense Command Monroe 68.50

II-291

NAME COUNTY ACRES

Big Coppitt Key
Communications
Facility Aerospace
Defense Command Monroe 5.59

Key West Defense Area
KW10 Monroe 75.59

Key West Defense
Area KW65 Monroe 90.77

Key West Defense
Area KW80 Monroe 38.98

ADC Fighter Dispersal
Facilities Monroe 176.04

Key West Defense
Area KW95 Monroe 10.95

Key West Defense
Area KW24 Monroe 43.61

Homestead-Miami
Defense Area Site
. HM40 Monroe 339.82

Avon Park Air Polk,
Force Range Highlands 101,029.00

Ft. Lonesome
Radar Site Manatee .70

MacDill AFB
ILS Middle Marker
Site Hillsborough .50

Homestead-Miami
Defense Area Site
#HM69 Dade 697.10

Homestead-Miami
Defense Area Site
#HM59 Dade 59.25

Homestead ILS Outer
Marker Annex Tactical
Air Command Dade 1.19

Homestead-Miami
Defense Area Site
O HM39 Dade 58.79

II-292

NAME COUNTY ACRES

Homestead Survival
Training Annex s
Tactical Air Command Dade 2.75

Homestead Communica-
tions (Transmitter)
Annex Tactical Air
Command Dade 20.00

Homestead Air Force
Base Tactical Air
Command Dade 3,284.27

Homestead ILS Middle
Marker Annex Tactical
Air Command Dade 1.00

Homestead-Miami
Defense Area Site
#HM12 Dade 60.20

Cutler Ridge Parares-
cue Drop Area Dade 20.00

Richmond Air Force
Station Z210 Aerospace
Defense Command Dade 143.04

U.S. Army Reserve Out-
door Training Facility
Richmond Dade 161.12

Homestead-Miami
Defense Area Site
#HM01 Dade 5.68

Homestead Helicopter
Annex Tactical Air
Command Dade .99

Homestead Dock Annex
Tactical Air Command Dade 6.44

U.S. Army Reserve
Center, Miami Dade 3.04

NOT USED

II-293

NAME COUNTY ACRES

U.S. Army Reserve
CTP Center, Ft.
Lauderdale Broward 4.56

U.S. Army Reserve
Center, West Palm
Beach Palm Beach 6.01

Palm Beach Army
Reserve Center Palm Beach 3.10

Jupiter Missile Data
Collection Annex Air
Force Systems Command Palm Beach 31.99

Vero Beach Tracking
Annex Air Force
Systems Command Indian River 8.23

Malabar Transmitter
Annex Air Force
Systems Command Brevard 640.00

Melbourne Beach Optical
Tracking Annex Air
Force Systems Command Brevard 1.87

OLF Choctaw Santa Rosa 172.00

U.S. Armed Forces
Reserve Center
Eau-Gallie Brevard 7.44

Patrick Air Force
Base Air Force
Systems Command Brevard 2,378.61

Cocoa Beach Communi-
cations Annex #1 Air
Force Systems Command Brevard .24

Cocoa Beach Communi-
cations Annex #2 Air
Force Systems Command Brevard .30

Cocoa Ocean Beach
Tracking Annex Air
Force Systems Command Brevard 3.00

Port Canaveral Dock
Facility Air Force
Systems Command Brevard 20.57

11-294

NAME COUNTY ACRES

Port Canaveral Cable
Terminal Annex Brevard 1.18

Cape Canaveral Air
Force Station Air
Force Systems Command Brevard 16,239.08

Ponce De Leon Data
Collection Annex Air
Force Systems Command Volusia 2.61

U.S. Army Reserve
Center, Palatka Putnam 3.42

Jacksonville Air
Force Station (Z114)
Aerospace Defense
Command Duval 44.49

U.S. Army Reserve
Center, Jacksonville Duval 4.72

Jacksonville Communi-
cations Facility Annex
Aerospace Defense
Command Clay 1.60

U.S. Army Reserve
Center, Jacksonville Duval 5.98

U.S. DEPARTMENT OF THE
NAVY

Naval Reserve Center
Gainesville Leon 4.22

Naval Reserve Center,
Miami Dade 3.26

Naval and Marine
Corps Reserve Center,
Orlando Orange 10.60

Naval Reserve Center,
St. Petersburg Pinellas .72

11-295

NAME COUNTY ACRES

Naval and Marine
Corps Reserve Center,
Tallahassee Leon 13.00

Naval Reserve Center,
Tampa Hillsborough 2.18

Naval Air Station,
Key West Monroe 18,477.52

Navy Regional Medical
Clinic, Key West Monroe 13.67

Naval Communications
Unit, Key West Monroe 614.96

Naval Surface Weapons
Center, Detachment,
Ft. Lauderdale Broward 29.51

Naval Security Group
Activity, Homestead Dade 814.94

Naval Observatory Time
Service Station,
Richmone Dade 76.67

Naval Air Station,
Jacksonville Complex,
Jacksonville Duval 3,801.63

Naval Air Station,
Jacksonville Complex,
Fleming Island Beacon Clay 1.60

Naval Air Station,
Jacksonville Complex,
Camp Blanding Rifle Range Clay 50.00

Naval Air Station,
Jacksonville Complex
Lake George Bomb
Target Volusia .46

Naval Air Station,
Jacksonville Complex
Pinecastle Impact Range Marion 5,824.26

Naval Air Station,
Jacksonville Complex Putnam
Rodman Bomb Target Marion 2,692.51

11-296

NAME COUNTY ACRES

Naval Air Station,
Jacksonville Complex
Stevens Lake Bomb
Target Clay 2,554.20

Navy Regional Medical
Center, Jacksonville Duval 74.63

Navy Fuel Depot
Jacksonville Duval 180.37

Naval Air Station,
Cecil Field Complex
NAS Cecil Field Duval 16,641.06

Naval Air Station,
Cecil Field Complex
Auxiliary Landing Field,
White House Duval 2,492.04

Naval Air Station,
Cecil Field Complex
Jacksonville Heights Duval 1,038.65

Naval Station,
Mayport Duval 3,208.15

Naval Training Center,
Orlando Orange 1,217.46

Naval Training Equipment
Center, McCoy Annex,
Orlando Orange 875.18

Naval Air Station,
Pensacola Complex
NAS Pensacola Escambia 5,637.36

Naval Air Station,
Pensacola Complex
Auxiliary Landing Field
Bronson Escambia 1,097.58

Naval Air Station,
Pensacola Complex
Auxiliary Landing Field
Choctaw Santa Rosa 800.00

Navy Aerospace and
Regional-Medical Center,
Pensacola Escambia 78.42

II-297

NAME COUNTY ACRES

Naval Education and
Training Program
Development Center,
Saufley Field Escambia 944.18

Naval Technical Training
Center Detachment,
Corry Station Escambia 431.50

Naval Coastal Systems
Laboratory, Panama
City Bay 670.80

Naval Air Station,
Whiting Field Complex
NAS Whiting Field Santa Rosa 3,946.99

Naval Air Station,
Whiting Field Complex
UHF OMNI-Range
Facility Santa Rosa 240.01

Naval Air Station,
Whiting Field Complex
Auxiliary Landing
Field, Harold Santa Rosa 573.30

Naval Air Station,
Whiting Field Complex
Auxiliary Land Field,
Holley Santa Rosa 697.56

Naval Air Station,
Whiting Field Complex
Auxiliary Landing Field,
Pace Santa Rosa 206.56

Naval Air Station,
Whiting Field Complex
Auxiliary Landing Field,
Santa Rosa Santa Rosa 737.75

Naval Air Station,
Whiting Field Complex
Auxiliary Landing Field,
Spencer Santa Rosa 640.00

Naval Air Station,
Whiting Field Complex
Auxiliary Landing Field,
Site 6 Escambia 239.57

11-298

NAME COUNTY ACRES

Naval Air Station,
Whiting Field Complex
Auxiliary Landing Field
Site 8A Escambia 640.00

Naval Air Station,
Whiting Field Complex
Low Frequency Radio
Range Santa Rosa 2.54

Marine Corps Reserve
Center, West Palm
Beach Palm Beach 7.76

Marine Corps Reserve
Center, Tampa Hillsborough 37.01

Marine Corps Reserve
Center, Miami Dade 5.19

Marine Corps Reserve
Center, Jacksonville Duval 110.50

U.S. ARMY CORPS OF
ENGINEERS

Anclote River Turning
Basin Pinellas 9.62

Baker's Haulover
Inlet Dade 46.05

Canaveral Harbor
Project Brevard 2,623.85

Cedar Key Harbor Levy 257.99

Cross Florida Barge
Canal 8,473.00

Daytona Beach Side
Channel Volusia 4.68

Eau-Gallie Harbor Brevard 16.66

Everglades Harbor Collier 40.65

Fernandina Harbor Nassau 495.71

Ft. Pierce Harbor St. Lucie 174.23

II-299

NAME COUNTY ACRES

Gulf Coast Shrimp
Boat Harbor Fort
Myers Beach Lee 179.03

Horseshoe Cove Dixie 289.44

Indian River Cour-
tenay Channel Brevard 65.84

ICW CR-AR West
Coast 15,876.01

ICW Cumberland Sound
to St. Johns River 1,806.44

ICW Jacksonville to
Miami East Coast 50,264.57

Jacksonville Dredge
Depot Duval 3.50

Jacksonville Harbor
Project Duval 7,610.27

Johns Pass Pinellas 394.38

Key West Harbor
Project Monroe 827.75

Little Pass,
Clearwater Pinellas 235.93

Melbourne Harbor Brevard 7.43

Miami Beach Engineer
Sub-Office Dade 39.29

Miami Harbor Project Dade 896.90

Naples to Big Marco
Pass Channel Improve-
ment Collier 157.80

Okeechobee Waterway 26,450.73

Palm Beach Harbor
Project Palm Beach 312.18

Pass-a-Grille Pinellas 775.01

Port Everglades
Harbor Project Broward 150.76

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NAME COUNTY ACRES

Rice Creek Putnam 147.54

St. Augustine Harbor St. Johns 399.91

St. Augustine Seawall St. Johns

St. Johns River Channel
Improvement Jacksonville
to Lake Harvey 258.28

St. Lucie Inlet Martin 52.13

Suwannee River Dixie
Levy 66.08

Tampa Harbor Project Pinellas,
Hillsborough - 2,422.29

Treasure Island
Beach Restoration Pinellas 543.56

Virginia Key-Key
Biscayne Beach
Beach Restoration Dade 996.69

Key Largo Sound Monroe 74.78

New Pass - Sarasota Sarasota 274.80

Mullet Key Beach
Restoration Pinellas 341.44

Withlacoochee River Levy,
Channel Improvement Citrus 378.85

Biscayne National
Monument Dade 95,022.39

NATIONAL AERONAUTICS
AND SPACE ADMINISTRA-
TION

John F. Kennedy
Space Center Brevard 84,030.95

U.S. DEPARTMENT OF
TRANSPORTATION

USCG Air Station,
Miami, Opa Locka Dade 50.9

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NAME COUNTY ACRES

USCG Air Station,
Clearwater Pinellas 41.20

USCG Base Mayport Duval 3.10

USCG Base, Miami
Beach Dade 11.40

USCG Station,
Clearwater Pinellas
(Proposed)

USCG Station,
Bradenton, Cortez Manatee 1.10

USCG Station, Fort
Lauderdale, Dania Broward 7.80

USCG Station, Port
Canaveral Brevard 9.80

USCG Station, Fort
Myers Beach Lee .70

USCG Station, Fort
Pierce St. Lucie 13.00

USCG Station,
Islamorada Monroe 2.20

USCG Station, Key
West (existing) Monroe 11.40

USCG Station, Key
West (old site) Monroe 4.60

USCG Station,
Marathon Monroe 5.70

USCG Station, Ponce
de Leon, New Smyrna
Beach Volusia 94.00

USCG Station, Lake Worth
Rivera Beach (existing) Palm Beach 3.40

USCG Station, Lake
Worth, West Palm
Beach (proposed) Palm Beach 4.40

USCG Station, St.
is Petersburg Pinellas 22.10

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NAME COUNTY ACRES

USCG Station,
Yankeetown Levy 1.10

USCG Light Station
Dry Tortugas, Logger-
head Key, Fort Jefferson
National Monument 42.00

USCG Light Station,
Egmont Key Hillsborough 387.50

USCG Loran Station A,
Venice Sarasota 24.40

USCG Radio Station,
Miami Dade 231.00

USCG Marine Safety
Office, Tampa Hillsborough .70

USCG Reserve Training
Center, Jacksonville Duval 3.40

USCG Family Housing,
Miami Dade 53.20

USCG Family Housing,
Ft. Myers Lee 1.70

USCG Family Housing,
Islamorada, Tavernies Monroe 1.10

USCG Family Housing,
Marathon, Duck Key Monroe .60

Radar Microwave Link
Repeater FAA Broward 1.80

Outer Market (part of
Instrument Landing
System) FAA Dade .30

International Flight
Service Transmitter
Station FAA Dade 311.30

Air Route Traffic
Control Center FAA Dade 16.80

Homer (Non-Directional
Radio Beacon) FAA Escambia.90

I.I-303
11-303

NAM4E COUNTY ACRES

. ~U.S. Coast Guard
Loran Station C Gulf 6.00

Outer Marker (part of
instrument Landing
System) FAA H ilisborough .30

Homer (Non-Directional
Radio Beacon) FAA Monroe .70

Air Route Traffic
Control Center FAA Nassau 29.20

Radar Microwave Link
Repeater FAA Palm Beach 5.80

U.S. DEPARTMENT OF
COMMERCE

Southeast Fisheries
Center Dade

Panama City Laboratory
National Marine
Fisheries Service Bay

. ~VETERANS ADMINISTRA-
TION

Veterans Administration
Hospital Pinellas

Veterans Administration
Hospital Hulisborough

Veterans Administration
Hospital Dade

TOTAL ACREAGE: 2,638,379.13

NOTE: Canaveral National Seashore, Merritt Island National Wildlife
Refuge, and the John P. Kennedy Space Center have overlapping acreage.
The greatest acreage figure, for the Wildlife Refuge, was the only one
used in the total acreage county. The Corps of Engineers acreage for
the Biscayne National Monument maintenance project is another case of
overlapping acreage and has not been included in the total acreage
figure. March, 1978.

1I-304

According to the National Energy Plan, there are a number of major
national interests in energy.

1. It is in the national interest to reduce dependence on foreign oil
and vulnerability to supply interruptions.

2. It is in the national interest to maintain U.S. oil imports low
enough to weather the period when world oil production approaches
its capacity limitation.

3. it is in the national interest to develop renewable and virtually
inexhaustible energy sources for sustained economic growth.

The national interest in energy has been incorporated into the
Coastal Management Program in several ways:

1. The Legislature specifically identified energy facilities as
important coastal resources in the intent section of the Florida
Coastal Management Act (Section 380.21, F.S.). '

2. The program includes the state's authority and policy for the
siting of electrical power plants and electric transmission lines.
Factors which govern the siting of these facilities include the
present and future need for electrical generating capacity,
proximity to transportation systems and accessibility to
transmission corridors.

3. The program includes the state's authority and policy for oil and
gas production. it is the state's policy to encourage the devel-W
opment of oil and gas resources and the products made therefrom.

4. Electric power plants, transmission lines and oil and gas
pipelines are identified as uses of regional benefit. This
designation ensures that local government regulations will not
arbitrarily or unreasonably restrict the siting of these
facilities.

5. Water related energy facilities are identified as an 'issue of
special focus'. This designation ensures that the state will
strive to improve the process for siting these facilities in the
implementation of its coastal management program.

RECREATION

To determine the national interest in recreation, the following
documents, legislation, and federal agencies were consulted:
1. Statewide Comprehensive Outdoor Recreation Plan;

2. Heritage Conservation and Recreation Service;

3. National Park Service;

4. Fish and Wildlife Service;

11-305

5. Historic Preservation Act; and
* ~6. Land and Water Conservation Fund Act.

The State has determined the national interests in recreation
are.,

1. High quality recreation opportunities for all citizens consistent
with environmental protection.
2. Increased public recreational opportunities in high density
areas*

3. Protecting existing recreation areas from adverse adjacent uses.

The national interest has been incorporated into the Florida
Coastal Management Program in several ways:

1. The state's basic authorities and policies related to recrea-
tional facilities are included within the program, including
Chapters 253, 258, 259, 260, 372, and 375, F.S. They show the
state's commitment to provide varied recreational opportunities
throughout the state.

2. major recreational facilities are designated as uses of regional
- benefit. This designation ensures that local government regu-
lations will not arbitrarily or unreasonably restrict siting of
these facilities.

0 ~3. Aquatic preserves, wilderness areas and environmentally endangered
lands are designated as areas of special management. Each of
these types of areas has the potential for recreational use. This
designation ensures that the State will focus special attention on
these areas during the implementation of the coastal management
program.

4. Coastal recreation is identified as an "~issue of special focus'
in the program. Therefore, the program will assist in providing
recreational opportunities for the citizens of Florida through
increased coordination of state programs.

TRANSPORTATION

To determine the national interest in transportation, ports,
and navigation, the following legislation and federal agencies were
consulted:

1. Department of Transportation Act;

2. U.S. Coast Guard;

3. Federal Aviation Administration;

. ~4. Maritime Administration;

II-306

S. U.S. Army Corps of Engineers; and

6. Interstate Commerce Commission.

The State determined that the national interests in transportation
are:

1. To provide fast, safe, efficient and convenient access via one or
more modes of transportation for people, goods and services within
the State; and

2. To provide for a balanced national transportation system including
all modes of transportation.

The national interest in transportation has been incorporated into
the Coastal Management Program through:

1. The stated policy of the State that the development of a balanced
and efficient, transportation system,, adequate to meet the current
and future transportation of the state, is essential to the
commercial life and general welfare of the people of the state
and to the national defense. This policy embodies the major
objectives of the national interest in transportation.

2. Major highways and ports are designated as uses of regional
benefit. This designation ensures that local government regu-
lations will not arbitrarily or unreasonably restrict the siting
of these facilities.

3. Port development is identified as an 'issue of special focus" in
the program. This consideration means that increased emphasis
will be given to meeting the needs of the ports during the imple-
mentation of the coastal management program.

CONSIDERATION OF THE NATIONAL INTEREST DURING PROGRAM IMPLEMENTATION

During program implementation, Florida will continue to consider
the national interest in the planning for and siting of facilities
which are necessary to meet requirements which are other than local in
nature. As a part of these processes, the State will also consider
certain other state and national resource concerns including air,
water, wetlands, endangered species, historic and cultural resources
and living marine resources.

FACILITY PLANNING

The State has a number of planning processes which relate to the
siting of recreational, energy or transportation facilities. For
instance, the State Comprehensive Outdoor Recreation Plan (SCORP) is
the basis for the development of recreational facilities within the
state. This plan was developed in close coordination with the Heri-
tage Conservation and Recreation Service (HCRS). The plan is updated
on a regular basis consistent with the guidelines of HCRS. The high-
ways of the State are constructed in accordance with the Florida

II-307

Department of Transportation (FDOT) five year construction plan. The
development of this plan is coordinated with the federal Department of
Transportation. Also, each Metropolitan Planning Organization (MPO)
* must have a comprehensive transportation plan developed with the
assistance of the FDOT. The federal DOT must be given an opportunity
to participate in any hearings held related to this comprehensive plan.
The State also requires ten year site plans from each of the electric
utilities. These plans estimate its power-generating needs and the
general location of its proposed power plant sites. In reviewing these
plans, the Florida Department of Veteran and Community Affairs
considers the views of appropriate federal agencies.

FACILITY SITING

The State has several decisionmaking processes which deal with the
siting of major energy, recreation or transportation facilities.
Through implementation of the Federal Clean Air and Clean Water Acts,
incorporated through the requirements of Chapter 403, F.S., the
national interest in maintaining or improving air and water quality
standards are provided for. Particularly through federally approved
Section 401 certification and the provisions of the National Pollution
Discharge Elimination System under the Clean Water Act, permit deci-
sionmaking incorporates the national interest in resource use and
conservation.

Federal participation in the development of both the State recre-
ation and transportation plans, which serve as the basis for siting and
funding decisions, ensure consideration of the national interest
O throughout the planning and siting processes.

The Department of Environmental Regulation is responsible for
reviewing requests for dredge and fill activities in submerged lands
under Chapter 253, F.S. The DER also administers the certification of
sites of electrical power plants and transmission lines (Chapter 403,
Part II, F.S.).

The siting of any major new oil and gas facility large enough to
require consideration of the national interest will, in all proba-
bility, require the securing of a state dredge and fill permit under
Chapter 253, F.S. as the construction of such new or expanded facil-
ities would necessitate pipelines, piers, docks, or some type of port
expansion affecting submerged lands. Consideration of the national
interest would occur under Chapter 253, F.S., which requires that the
public interest be considered by the Board in making permit decisions.
While the discussion of the public interest in Section II.B.5.
indicates that it is weighted in favor of the conservation of
resources, the case illustrations indicate that the State employs a
balancing test of the type envisioned in the federal program approval
regulations, 15 CFR 923.52.

Major new power plants are often facilities in the national
interest, Provisions in the Transmission Line Siting Act (Chapter
403.520, F.S.), and Public Utilities Act (Chapter 366, F.S.) authorize
the Public Service Commission to determine the public need for power
plants and electrical transmission lines. In making its determination

11-308

of need, the Commission will hold a hearing on each siting proposal
and take into consideration electric system reliability and integrity.
Proceedings on the determination of public heed also considerW
conservation, cost effectiveness, and the need for reasonably priced
electricity, all of which are a means by which the range of national
interests considerations are expressed. The Commission's determination
of the need for a transmission line is binding on all parties to a
certification under the 1980 Transmission Line Siting Act. Under the
Public Utilities Act, the Commission's determination of need for a
power plant creates a presumption of public need and necessity.

The Florida Public Service Commission regulates public utilities
with respect to rates, service and the issuance and sale of their
securities. It also has jurisdiction over the planning, development
and maintenance of a coordinated electric power grid throughout
Florida, Chapter 366.04(1) and(3), F.S. In exercising this juris-
diction and in order to "promote the convenience and welfare of the
public and secure adequate service or facilities for those reasonably
entitled thereto", the Commission may 'require repairs, improvements,
additions and extensions to the plant and equipment of any public
utility', including requiring new generating plants and transmission
facilities, Chapter 366.05(1) and (8), F.S.

Aside from serving the national interest in providing adequate and
reliable electricity to the public, as discussed above, the functions
of the Commission are constantly exposed to the national interest. The
Commission is directed by statute to maintain a continuous liaison with
all other appropriate state and federal agencies whose policy decisions
and rulemaking authority affect those utilities which the Commission W
regulates. This liaison must be conducted at both the policy and
operational levels. Active participation in other agencies' public
hearings is encouraged to transmit the Commission's policy positions
and information requirements. This liaison function will continue to
provide national interest input during program implementation, Chapter
366.015, F.S.

II-309

H. FEDERAL CONSISTENCY

. 1 INTRODUCTION

One of the benefits to the State of Florida for participation in
the federal coastal management program will be the close coordination
between federal and state activities. A number of Federal programs
regularly affect activities on Florida's coastline and in its offshore
waters. Federal agency permits or licenses affecting the coastline
include such activities as dredging, construction of power plants, and
exploration and development of the Outer Continental Shelf. Federal
agencies also manage financial assistance programs, which include
grants for watershed protection, and shoreline erosion; and development
projects such as national parks, and highway construction.

The Federal Coastal Zone Management Act (CZMA) establishes
several broad categories of federal actions which must be evaluated
for consistency with a state Coastal Management Program. Section 307
(c)(1) and (2) of the CZMA requires that federal activities and
development projects in or directly affecting the coastal area must be
consistent (to the maximum extent practicable) with the state coastal
management program. Sections 307(c)(3)(A) and 307 (c)(3)(B) require
that federally licensed and permitted activities affecting the coastal
zone, including those which are described in detail in outer
Continental Shelf plans prepared by industry, to be consistent with the
state program. Section 307(d) requires federal assistance to state and
local governments for projects affecting the coastal zone to be
. ~consistent with a state coastal management program.

The consistency provisions offer Florida an opportunity to take a
more effective role in the management of coastal resources. The state
also will have the opportunity to improve coordination and cooperation
among all levels of government. The state will implement these
provisions without creating burdensome administrative requirements for
federal agencies, or for applicants for federal permits or assistance.

GENERAL PROCEDURES FOR CONSISTENCY REVIEWS

Federal agencies with responsibilities in or affecting the Florida
coastal area are required to act in conformance with Section 307 of the
CZMA and NOAA implementing regulations (15 CFR Part 930). Table 15
summarizes the federal actions covered, the notification procedures,
and related administrative matters.

When a proposed federal activity, a federally permitted activity,
or federal assistance would occur within the jurisdiction of a state
agency, consistency reviews will be conducted by the agency or agencies
with appropriate jurisdiction. The Department of Environmental Regula-
tion, as the lead agency for the coastal management program (380.22(1),
F.S.), will coordinate consistency review and will issue the formal
state response to the appropriate party. The department will use

II-310

TABLE 1 5

FEDERAL CONSISTENCY PROCEDURES

CZMA Section
307(c)(1)&(2) 307(c)(3)(A) 307(c)(3)(B) 307(d)

Federal action Direct federal Federally Federally Federal assistance
activities licensed and licensed and to state and local
including permitted permitted government
development activities activities
projects described in
detail in OCS
plans

Coastal zone Directly Affecting the Affecting the Affecting the
impact affecting the coastal zone coastal zone coastal zone
coastal zone

Responsibility Federal agency Applicant for Department of A-95 clearinghouse
to notify state proposing the Federal license the Interior receiving state or
agency action or permit local government
application for
federal assistance

Notification Consistency Consistency Consistency OMB Circular
procedure determination certification certification A-95 notification
procedure

Consistency Consistent to Consistent with Consistent with Consistent with
requirement the maximum the CZM Program the CZM Program the CZM Program
extent practi-
cable with
CZM Program

I s

TABLE 15 (Continued)

FEDERAL CONSISTENCY PROCEDURES

CZMA Section
307(c)(1)&(2) 307(c)(3)(A) 307(c)(3)(B) 307(d)

State agency Agree or dis- Concur or Concur or Concur or
action agree; object object object
submission of explain basis explain basis explain basis
recommended of objection of objection of objection
alternatives in
the event of
disagreement
H
Federal agency Federal agency Federal agency Federal agency Federal agency
H responsibility not required may not approve may not approve may not grant
following a to disapprove license or federal licenses assistance
disagreement action following permit or permits des- following state
state agency following state cribed in detail agency objection
disagreement agency objec- in the OCS Plan
(unless judi- tion following state
cially impelled agency objection
to do so)

Administrative Voluntary medi- Appeal to or Appeal to the Appeal to or
conflict ation by the voluntary medi- Secretary of voluntary medi-
resolution Secretary of ation by the the U. S. ation by the
the U. S. Secretary of Department Secretary of the
Department the U. S. of Commerce U. S. Department
of Commerce Department by person or of Commerce
of Commerce independent
by applicant Secretarial
or indepen- review
review by
Secretary
of Commerce

Source of procedures: 15 CFR 930, 44 Federal Register 37142, (June 25, 1979)

existing review processes to the maximum extent, such as agreements
between state and federal agencies, and the 0MB Circular A-95, to
expedite state responses. The DER also will be the repository of
material documenting federal consistency decisions.

Where federal licenses, Permits, activities, and assistance proj-
ects are subject to federal consistency review and are seaward of the
jurisdiction of the state, or where there is no single state agency
with jurisdiction, the Department of Environmental Regulation is
responsible for consistency review and determination. The Department
can 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.
Conflicts between State agencies may be appealed to the Governor and
Cabinet (380.23(2), F.S.).

To be consistent, the federal activities, licensing decisions,
etc. must comply with the Florida laws which form the state's coastal
management program - the existing state policies, statutes, and admini-
strative rules selected and included in the Florida program (See: Part
II, Section II, and the Appendix). Federal agencies, and applicants
for federal licenses and permits and federal assistance, will use the
state requirements to determine the consistency of their proposed
actions. The DER will work with federal agencies toward the develop-
ment of memoranda of understanding, general consistency determinations,
and more specific procedures governing the processing of consistency
determinations during the first year of program implementation.

FEDERAL DEVELOPMENT PROJECTS AND ACTIVITIES -

The Federal Act requires that federal activities directly
affecting the coastal zone and federal development projects which are
located in or directly affecting the coastal area must be consistent
"to the maximum extent practicable" with the FCMP. This requirement
is reflected in the Florida Coastal Management Act which requires,
consistency review of federal development projects and activities
"1... which significantly affect the coastal waters and the adjacent
shorelands of the state." (380.23(3)(a), F.S.). These projects and
activities are reviewable on a statewide basis with no distinction
between interior and coastal counties.

A federal agency proposing an action must determine whether its
activity directly affects the coastal zone. The FCMP recommends that
agencies consider potenti~al impacts on the following resources and
uses:

- Coastal waters: including water quality, quantity, flow
rates, hydroperiod, seasonal fluctuations, circulation, and
mixing of fresh and salt water.

- Air quality (in coastal areas).

- Coastal living resources: including productivity,
diversity, dynamics, and important features such as
II-313

habitat, feeding grounds, nursery areas, spawning
grounds, nesting sites, and migratory routes.

- Coastal uses: including recreation, aesthetics, water-
dependent uses and patterns of use.

- Coastal socio-economic characteristics: including popu-
lation growth and distribution, provision of services and
facilities, employment, tax base, economic diversity, and
energy use and conservation.

- The limitations the action would impose on future alter-
natives or options in the coastal area.

Certain federal activities and development projects are presumed
to directly affect coastal waters and adjacent shorelands. Examples
include:

Department of Defense

Army Corps of Engineers Proposed project authorization or
dredging, spoil disposal, channel
works, breakwaters, other navigation
works, erosion control structures,
reservoirs, dams, and beach
nourishment.

Air Force, Army, and Navy Location, acquisition, and design
of new or enlarged defense instal-
lations. Actions conducted on
federal excluded land which may
have an impact on non-federal
coastal lands and waters.

Department of Commerce

National Marine Fisheries Fisheries management programs.
Service

Department of Interior

Bureau of Land Management Actions conducted on federal lands
with a potential impact on non-
federal coastal lands and waters.

National Park Service National Park and Seashore
management and acquisition.

Fish and Wildlife Service National Wildlife Refuges
acquisition and management.

Department of Transportation

Coast Guard Location, acquisition, design,
construction, operation, and
11-314

abandonment of existing,

Fedeal ighwy Aminitraionexpanded or new facilities.
Federl HihwayAdmiistrtion Highway construction.

General Services Administration Location, acquisition, design
and disposal of federal government
facilities, and disposal of surplus
federal lands.

Consistency review should occur as early in the federal agency
planning or development process as possible. After making the
determination, the federal agency will inform the Department of
Environmental Regulation (DER) of its review and conclusions. The
agency should highlight problems it has identified, particularly any
areas where it may not be feasible to be consistent. Federal agencies
are encouraged to request a conference to advise the DER of an activity
with consistency review problems. The request should be made to the

Federal Coordinator
Florida Department of Environmental Regulation
Division of Permitting
2600 Blair Stone Road
Tallahassee, Florida 32301

Florida will use established notification procedures, including
the 0MB Circular A-95 review, to monitor federal activities and
development projects and to coordinate reviews of federal consistency
determinations. Additional information may be required to determineV
whether projects will meet state requirements. The state agencies
responsible for administering the state laws in the Florida coastal
management program will conduct the consistency reviews. Each state
agency will use the Florida procedures and standards under state law
that it normally uses to evaluate permit applications, management
programs, or applications for assistance.

The DER, using existing procedures as appropriate, will coordinate
consistency reviews by other state agency(ies) and will notify the
affected federal agency of the state response within 45 days after
receipt of the consistency notification. The state may seek a 15 day
extension (15 CFR 930.41, June 25, 1979). In some cases, federal
agencies are already required by law to obtain permits from the state.
These procedures will not change.

NON-FEDERAL ACTIVITIES WHICH REQUIRE FEDERAL LICENSES OR PERMITS

The federal consistency provisions of the CZMA require activi-
ties covered by federal licenses and permits to be certified by the
applicant and approved by the state as consistent with its management
program before the permits can be issued. The Florida Coastal
Management Act lists federal permits and licenses which are subject
to consistency certification (see Table 16). Licenses and permits
which are listed are subject to a review for consistency only if
they are for activities within, or seaward of, the jurisdiction of I
11-315

TABLE 16

FEDERAL PERMITS REQUIRING A
STATE CONSISTENCY DETERMINATION
(From: Florida Coastal Management Act)

1. Permits required under ss. 10 and 11 of the River and Harbor Act
of 1899, as amended.

2. Permits required under s. 103 of the Marine Protection, Research
and Sanctuaries Act of 1972, as amended.

3. Permits required under ss. 201, 402, 403, 404, and 405 of the
Federal Water Pollution Control Act of 1972, as amended, unless
such permitting activities pursuant to such sections have been
delegated to the state pursuant to said act.

4. Permits required under the Marine Protection, Research and
Sanctuaries Act of 1972, as amended, 33 U.S.C., ss. 1401, 1402,
1411-1421, and 1441-1444. A

5. Permits for the construction of bridges and causeways in navi-
gable waters required pursuant to 33 U.S.C., s. 401, as amended.

6. Permits 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.
1801-1812, as amended, or 33 U.S.C., s. 419, as amended.

7. Permits and licenses required under 43 U.S.C., s. 717 for con-
struction and operation of interstate gas pipelines and storage
facilities.

B. Permits required under 15 U.S.C., s. 717, as amended, for con-
struction and operation of facilities needed to import and export
natural gas.

9. Permits and licenses required for the siting and construction of
any new electrical power plants as defined in s. 403.503(7), as
amended.

10. Permits and licenses required for drilling and mining on public
lands.

11. Permits for areas leased under the OCS Lands Act, as amended,
including leases and approvals under 43 U.S.C., s. 1331, as
amended, of exploration, development, and production plans.

12. Permits for pipeline rights of way for oil and gas transmissions.

13. Permits and licenses required for deep-water ports under 33
U.S.C., s. 1503, as amended.

11-316

local governments which abut the Gulf of Mexico or the Atlantic Ocean,
or which include or are contiguous to waters where marine species of
vegetation constitute the dominant plant community (380.23(3)(c),
F.S.) see list of local governments, Part II, Section Two-F.,
Table 15).

Under the FCMA, the issuance or renewal of a state license
automatically constitutes the state's concurrence that the federally
licensed or permitted activity or use is consistent with the state
coastal management program. Conversely, the denial of a state license
automatically constitutes the state's finding that the proposed
activity or use is not consistent with the state's federally approved
program. Where a state permit is issued, denied, renewed, or modified
the federal consistency review conducted by the state pursuant to this
program is not intended to add any additional review by any state
agency. Public notice as required under 15 CFR Part 930.61 will be
carried out as appropriate. The Department will also continue to
implement its review and certification responsibilities under Section
401 of the Clean Water Act. Where a consistency review of a federal
license or permit application is required, but where there is no
analogous state license requirement, the consistency review shall be
conducted in accordance with existing state statutes and/or
regulations.

The information requirements for determining consistency and the
consistency review criteria are included in existing state permitting
procedures. The Department's Division of Permitting will coordinate
federal consistency reviews and determinations with permitting and
licensing decisions made by the Department of Natural Resources, andW
other affected state agencies. if the United States Secretary of
Commerce determines that the activity or use is in the national
interest in accordance with Subpart H of the Federal Consistency
Regulations (15 CFR Part 930), the state's consistency determination
(but not its permit decision) may be overturned (380.23(1), F.S.).

No state agency may make a federal consistency review of an
application for a federally licensed or permitted activity, if the
activity is vested, exempted, or excepted under that agency's
regulatory authority (380.23(6), P.S.). Also, reviews may not be made
of federally licensed or permitted activities for which permit applica-
tions are filed with the appropriate federal agency prior to federal
approval of the state coastal management program (380.23(8), F.S.).

The U.S. Army Corps of Engineers is responsible for many federal
permits which will be subject to consistency review. To minimize
potential problems and unnecessary delay, the Corps, the Department of
Environmental Regulation, and the Department of Natural Resources have
developed a joint application for state and federal permits. In
addition, the Corps and the Department of Environmental Regulation
cooperate through joint public notices. Florida's coastal management
consistency procedures will use these established cooperative programs
for public notice and concurrence with consistency certifications.

II-3170

r~~~~~~~~~~~~~-

State permits for activities with potential impacts on Florida
waters usually are issued within 90 days after receipt of a completed
O ~application. This is compatible with the basic 3 month review period
established under the federal consistency regulations 15 CFR 930.63(a)
and (b). At times, the processing of state permits or licenses may be
suspended by hearings or waivers (120.57, F.S.) and state permit action
would thus exceed 90 days. In such situations, the state may extend
its full 6 month consistency review period upon notification to the
federal agency and applicant of the status of the matter and reason for
delay. Where the processing of a state permit application has been
suspended and exceeds 6 months, the Department of Environmental
Regulation would object to the applicant's consistency certification
prior to the end of the 6 month deadline pending the final decision on
the state permit. Notification of the objection along with the reason
for the objection (consistency determination rests on the approval or
denial of a state permit) , will be sent to the applicant, the federal
agency, and the Assistant Administrator for coastal zone management
(NOAA).

State law requires the Department of Environmental Regulation to
review the federal licenses and permits listed in Table 18 to determine
if, in certain circumstances, such activities would constitute minor
permit activities. It then may establish, by rule, a program of gener-
al concurrence pursuant to applicable federal regulations which will
allow similar kinds of minor activities in the same geographic area to
proceed without Department review for federal consistency (380.23(7),
F.S.). The Department also is required to adopt procedures for the
expeditious handling of emergency repairs on existing facilities for
which federal consistency reviews are required (380.23(4), F.S.).

OUTER CONTINENTAL SHELF ACTIVITIES THAT REQUIRE FEDERAL LICENSES AND
PERM ITS

The third consistency provision of the federal CZMA (Section
307(c)(3)(B)) states in part that:

"...any person who submits to the Secretary of the
interior any plan for the exploration or development
of, or production from any area which has been leased
under the Outer Continental Shelf Land Act ... and regu-
lations under such Act shall...attach to such plan a
certification that each activity which is described
in detail in such plan complies with such state's
approved (coastal) management program and will be
carried out in a manner consistent with such program.'

Thus, any entity submitting an OCS plan to the Interior Department
must provide Interior with a consistency certification and must
furnish the state, through the Department of the Interior, with a copy
of the plan (excluding proprietary information) and the consistency
certification. No federal license or permit for an activity which is
described in detail in an OCS plan may be granted by a federal agency
until: 1) the state concurs with the certification, 2) the state, for

II-318

failure to act within 6 months, is conclusively presumed to concur Witt
the certification, or 3) the Secretary of Commerce finds that the OCS
activities are necessary in the interest of the national security or
consistent with the objectives or purposes of the federal CZMA, and
overrules a state determination of inconsistency.

The Florida Coastal Management Act provides for state review and
determination of the consistency of proposed federal license and permit
activities described in detail in OCS plans. As noted in Table 18,
state consistency review applies to 'Permits for areas leased under
the OCS [Lands Act, as amended, including leases and approvals under
43 U.S.C. s. 1331, as amended, of exploration, development, and
production plans'; (380.23(3)(c)ll). Federal license and permit
activities described in detail within OCS plans will be evaluated by
the state for consistency with the legal authorities of the Florida
coastal management program (Part II, Section Two, and the Appendix).

When lessees or operators are satisfied that the proposed activ-
ity described in detail in the OCS plan meets the federal consistency
requirements, they shall declare, in a consistency certification to the
Department of the Interior, the following statement:

'The proposed activities described in detail
in this plan comply with the approved Florida
Coastal Management Program and will be con-
ducted in a manner consistent with such
program.'

The Secretary of the Interior or his designee will transmit the
consistency certification, plan, and supporting material to the

Federal Coordinator
Florida Department of Environmental Regulation
Division of Permitting
2600 Blair Stone Road
Twin Towers Office Building
Tallahassee, Florida 32301

in addition, the Secretary of the interior or his designee will
transmit the requisite number of plans and supporting material to the:

Office of the Governor
office of Planning and Budgeting
Natural Resources Policy Unit
Carlton Building, Room 404
Tallahassee, FL 32301

The Governor's Off ice.(Natural Resources Policy Unit) will
distribute plans and supporting material to the state agencies res-
ponsible for reviewing OCS plans. The Natural Resources Policy Unit
will coordinate the plan reviews of all agencies, including the DER

11-319

consistency review, through its administration of the Florida Outer
* ~Continental Shelf Advisory Committee (see attachment to this section).

This committee is the primary group for dealing with OCs matters,
including the review of OCS plans. The OCS Advisory Committee is
composed of state agency representatives and representatives of the
petroleum industry and environmental organizations. Local government
is also represented on the committee by a representative from the
County Commissioners Association.

The DER, in making the consistency determination, will carry out
its review and response through the OCS Advisory Committee and pro-
cedures established by the Governor's Office. The DER will notify the
lessee or operator, the Secretary of the Interior or designee, and the
Assistant Administrator for Coastal Zone Management (NOAA) of state
concurrence with or objection to the consistency certification.

If the state issues a concurrence or is conclusively presumed to
concur with the consistency certification, lessees or operators will
not be required to submit additional certifications and supporting
information for FCMP review when applications are filed for federal
licenses and permits to which the concurrence applies (see 15 CFR
930.80(a), 6/25/79). However, copies of federal licenses and permit
applications must be sent by the lessee or operator to the Governor's
Office unless otherwise indicated.

FEDERAL GRANTS AND FINANCIAL ASSISTANCE

The fourth federal CZMA consistency provision involves applica-
tions from state and local governments for federal assistance which
affects the coastal area. The FCMA provides that consistency reviews
will be made to ensure that federal assistance projects which affect
coastal waters and adjacent shorelands of the state are conducted in
accordance with the state's coastal management program (380.23 (3)(b),
F.S.). Federal assistance projects proposed by the state and local
governments anywhere in the statewide coastal zone may be reviewed for
federal consistency.

The Department of Environmental Regulation will use the Projects
Notification and Review System of 0MB Circular A-95 authorized under
Title IV of the Intergovernmental Cooperation Act of 1968 to review
assistance applications and to ensure consistency with the FCMP.
Consistency review of an application for federal assistance will be
performed by agencies participating in the A-95 process in accordance
with the core legal autho~rities of the Florida coastal management
program (Part II, Section Two and the Appendix).

The Governmental Support Unit, Intergovernmental Coordination
section within the Governor's Office, which administers the A-95
process, will ensure that a consistency determination has been made

I1-320

before approving a project affecting the coastal area. Information
for applicants and procedures will be developed during the first year
of program implementation by the Intergovernmentai CoordinationW
section and by the Department of Environmental Regulation to include
the consistency review requirements within the existing A-95 process.
The state A-95 Clearinghouse will notify the applicant and appropriate
federal agencies.

11-321

STATE OF FLORIDA

THE CAPITOL
TALLAHASSEE 32301

BOB GRAHAM
October 13, 1980

Mr. Jacob D. Varn, Secretary
Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, Florida 32301

Dear Secretary Varn:

Recent actions by the federal government have greatly accelerated Outer
Continental Shelf (OCS) oil and gas exploration. On June 18, 1980,
Secretary of the Interior Cecil Andrus released a final five-year OCS
oil and gas leasing schedule for the offshore waters of the United States.
Of the 31 lease sales planned through May 1985, eleven are in the Gulf of
M4=exico and two are in the South Atlantic. Industry interest in the
potential oil and gas resources off the Florida coast is very high, as
shown by the amount of lease sale activity scheduled for this area. If
marketable quantities of hydrocarbons are discovered in the OCS, the
impact on the econumic and environmental resources of Florida from both
onshore and offshore activities would be significant.

Last year, the Department of the Interior (DOI) activated the OCS Inter-
governrmental Planning Program. This program should provide an effective
means for the coastal states to express their interest and concerns relating
to OCS matters. There is a definite need to strengthen the State's decision-
making capability through coordination with the petroleum industry, local
governments, and special interest groups. To achieve this objective and
assist the Office of Planning and Budgeting (OPB), we are establishing
a Florida OCS Advisory Cammittee. The Advisory Committee will be chaired
by OPB and consist of representatives from the Departments of Commerce,
Conmunity Affairs, Environmental Regulation, Natural Resources, State,
Transportation, the Govermnr's Energy Office, the Game and Fresh Water
Fish Cammnission, the County Camnissioners Association, the Florida
Petroleum Council, and the Sierra Club. This membership represents the
camiitent of the State to provide an opportunity for expression of all
concerns and interests.

Three federal laws provide for state response to the potential impacts of
oCS development. The OCS Lands Act Amendments of 1978 establishes policies
and procedures for managing OCS oil and gas resources. The Arndments
also provide that those states affected by OCS activity be given assistance
to comprehensively plan for and participate in OCS-related policy and
management decisions. This gives states the opportunity to review and
camment on federal OCS decisions, participate in organizational processes,
and minimize or eliminate conflicts between the development activities and
the environmental and economic resources of the state.

An Affirmative Action/Equal Opportunity Employer
II-322

Mr. Jacob D. Varn, Secretary
Page Two

lThe consistency provisions of the federal Coastal Zone Management Act
as amended in 1976 require that the following OCS-related actions be con-
ducted in a manner consistent with an approved State Coastal Management
Program: 1) federal activities aid projects which directly affect the
coastal zone; and 2) federal license and permit activities regarding OCS
Exploration, Development and Production Plans. The State coastal manage-
ment program, working through the Advisory Committee, will employ the
consistency requirements to ensure that State perspectives are brought
into the OCS decision-making process at the earliest stages.

The National Environmental Policy Act of 1969 (NEPA) requires preparation
of an environmental impact statement (EIS) for any major federal action
which significantly affects the quality of human environment. Council of
Environmental Quality guidelines, issued in 1973, address the preparation
of the EIS. Through the A-95 review system, state clearinghouses provide
a means of securing the views of state and local agencies. This process
assists the Florida State Clearinghouse to develop an overall State
response to the proposed federal action. This is one way the State has
to express its concerns about specific leasing or development actions in
the OCS. The OCS Advisory Committee will help develop State responses.
However, it will also have additional responsibilities and functions.

The OCS Advisory Committee, operating out of the Governor's Office of
Planning and Budgeting, will be a well-qualified vehicle for assisting
in the preparation of the State's response to federal OCS activity. Under
the authority established in Chapter 23 of the Florida Statutes, the Execu-
tive Office of the Governor is responsible for the coordination of planning
anong the federal, state, and local levels of goverrment, with the Governor
sitting as the chief planning officer of the State.

Among the major duties of the Executive Office of the Governor is the
preparation and revision of the State Comprehensive Plan, which now
includes the Coastal Zone Management Plan. Section 23.0114(4) (a), Florida
Statutes, states that management of the coastal zone will require highly
coordinated effort among state, regional and local officials and agencies.
This effort can be met, in part, by the OCS Advisory Committee. Through
the broad representation afforded by the OCS Advisory Comnittee, the State's
concern for the energy, envirorental, and economic needs and resources
can be easily reflected in State policies and programs. In addition,
these can also be transmitted to the federal government for consideration
in the development of the OCS program.

The Advisory Committee will gather and analyze information and relate that
data to Florida's OCS representatives. This will provide effective
representation in both the Gulf of Mexico and South Atlantic Regional
Technical Working Group (RIWG) Comnittees established by DOI's Intergovern-
mental Planning Program.

II-323

Mr. Jacob D. Varn, Secretary
Page Three

The Advisory Committee takes on added significance if there is a market-
able find of hydrocarbons in the OCS. Then, the Advisory Committee will be
the core of the Florida State Technical Working Group Subcxxmittee.
Among the major responsibilities of this group will be the delineation of
the potential transportation corridors for shipment of oil and gas from
offshore production sites to onshore storage or refinery sites. The
State Working Group also will serve as the primary source of information
to agencies, interest groups, and private citizens on offshore development
and onshore impacts.

Other duties of the Florida OCS Advisory Committee will include the review
of federal leasing programs, industry Exploration Plans, OCS Regional
Study Programs, and other documents which identify the various OCS actions
affecting the State. The Advisory Committee will also assist in the
development of OCS consistency determinations carried out under the Florida
Coastal Management Program. By virtue of its role and structure, the
Advisory Canmmittee will balance the broad range of environmental, economic,
and energy-related concerns affecting the State of Florida.

In formalizing the Florida OCS Advisory OCummittee, this Office is requesting
you to appoint a representative(s) from your agency who has the expertise
to contribute in the development of an effective Florida CCS program. In
light of the world-wide energy situation, the State will support timely
and rational solutions which help alleviate the national dependence on
foreign oil. However, it is essential that offshore production of oil
and gas does not occur at the expense of Florida's economic and environ-
mental resources. The Florida OCS Advisory Camuittee will play a crucial
role in seeing that the State's interests are well understood by the federal
gover,.mnt, and will also cooperate with industry in their efforts.

We look forward to working with your appointed representative on the OCS
Advisory Cammittee. Please direct any questions to Mr. Walt Kolb at
(904) 488-5551.

Thank you very much for your time and consideration.

Sincerely,

John T. Herndon
Director
Office of Planning and Budgeting

II-324

I. ENERGY FACILITIES PLANNING

INTRODUCTION

In 1976, Congress added new provisions to the federal Coastal
Zone Management Act (CZMA). Several significant changes involved
elements of the program dealing with energy facilities: 1) the
Coastal Energy Impact Program (CEIP); 2) federal consistency measures
applying to outer Continental Shelf oil and gas exploration, production
and development plans; and 3) a planning element for energy facility
siting. Other parts of the FCMP have discussed the CEIP and OCS
consistency determinations. The following discussion addresses the
federal requirement that state coastal management programs include
"...a planning process for energy facilities likely to be located in,
or which may significantly affect, the coastal zone, including, but not
limited to, a process for anticipating and managing the impacts from
such facilities" (CZMA, s. 305(b)(8)).

Four guidelines are included in the requirements for fulfilling
the energy facility planning process element (15 CFR 923.13(b).

1. Identification of energy facilities which are likely to locate in,
or which may significantly affect, a state's coastal zone;

2. Procedures for assessing the suitability of sites for such
facilities;

3. Articulation and identification of enforceable state policies,
authorities and techniques for managing energy facilities and
their impacts, including identification of conditions that may be
attached to state energy facility planning and siting procedures;
and

4. Identification of how interested and affected public and private
parties may be involved in the planning process, identification of
the organization, structure, and procedural means by which energy
facility planning and siting decisions are carried out, address
the roles and relationships of relevant state agencies, federal
agencies, and local governments, and integration into the planning
process the procedures by which the national interest is
considered.

Florida has state policies, legal authorities, and programs
(see Part II, Section Two.B.) which fulfill the requirements for
energy facility planning. In addition to complying with the federal
requirements, this section contains the background discussion and
identification of concerns for the "Water Related Energy Facilities"
issue of special focus (Part II, Section Two.D.), and complements the
"National Interest" component located in Part II, Section Two.G.

11-325

IDENTIFICATION OF ENERGY FACILITIES

The CZMA affects a broad range of energy-related facilities and I
operations. However, for the coastal area of Florida, the terms apply
to a much narrower range of energy operations. For all practical
Purposes, the energy facilities most likely to be located in, or
significantly affect Florida's coastal area include: (1) electrical
generating plants and associated transmission facilities; (2) oil and
coal storage facilities; (3) transportation systems for oil, natural
gas, and coal; and (4) Outer Continental Shelf (OCS) related oil and
natural gas activities (including ancillary shoreline facilities). As
the demand for energy increases, and new technology becomes available,
the likelihood of energy facilities which are new to Florida's coast
becomes more certain. Thus, the list of candidates does not preclude
future consideration by the FCMP of Ocean Thermal Energy Conversion
(OTEC) operations, or liquified natural gas facilities.

1. Power Plants: Energy Demand Forecasts and Fuel Requirements

Forecasts of energy demand and facility requirements have
been summarized from the 1979 Ten-Year Site Plan prepared by the
Florida Electric Power Coordinating Group. The reader is refer-
red to the ten-year site plans for descriptions of facilities,
projections of demand, facility needs, and locations-for proposed
generating and transmission facilities.

Florida energy use and peak demand is expected to increase
more slowly than in the past. Table 17 shows the history of and
the forecast of the seasonal peak demand and annual net energy forW
load (total consumption). (Note the decreasing 'Average Annual
Growth Rates" during the two ten-year periods for peak demand and
total consumption). Table 18 and Figure 12 show the history of,
and forecast energy use by type of consumer. Projections show
energy use doubling every 16 years as compared to the doubling
every 7.6 years prior to 1974. Again, note the "Average Annual
Growth RatesO during the two ten-year periods.

Fuel requirements for electrical generating facilities are of
interest because of the issues associated with the use of
particular fuels. Figure 13 depicts the fuels needed to generate
anticipated energy requirements. The use of nuclear energy is
expected to increase through 1988. However , the percent contri-
bution of nuclear energy to the state's total net system gener-
ation is expected to decrease from 20.2% in 1977 to 17.6% in 1988.
Residual oil will remain an important source of energy throughout
the next decade. Total needs for residual oil will range from a
high of 52.7% in 1980 to a low of 37.2% in 1988. Even though
Florida's reliance on oil will decline in percentage, the number
of barrels of oil consumed will increase by at least 17% over the
next ten years.

I1-326

TABLE 17

1979 TEN-YEAR PLAN - STATE OF FLORIDA

HISTORY AND FORECAST OF SEASONAL PEAK DEMAND AND ANNUAL NET ENERCY FOR LOAD

(1) (2) (3) (4) (5) (6) (7) (8)
Summer Peak Demand Load Winter Peak Demand
Net MW Net Energy Factor Net MW
YEAR Interruptible Total For Load - GWH X YEAR Interruptible Total

1969 316 9248 47163 58.2 1969-70 351 9736
1970 365 10485 53074 57.8 1970-71 320 10402
1971 466 11311 58232 58.8 1971-72 312 10216
1972 320 12845 65606 58.1 1972-73 346 12383
1973 319 14413 73743 58.4 1973-74 332 13213
1974 326 14855 73359 56.4 1974-75 335 12978
1975 337 14957 77208 58.9 1975-76 345 15614
1976 334 15907 79883 57.2 1976-77 555 17966
1977 443 16648 85766 58.8 1977-78 445 18139
1978 439 17326 90889 59.1 1978-79 501 19050*

AAGR** 7.2% 7.6% 7.7Z

1979 501 18610 95553 58.6 1979-80 561 20375
1980 561 19785 100730 58.0 1980-81 567 21399
1981 567 21098 105329 57.0 1981-82 601 22472
1982 601 22086 109896 56.8 1982-83 629 23578
1983 629 23095 114977 56.8 1983-84 662 24708
1984 662 24150 120139 56.6 1984-85 685 25842
1985 685 25226 125370 56.7 1985-86 715 ' 27039
1986 715 26327 130730 56.7 1986-87 742 28246
1987 742 27476 135770 56.4 1987-88 767 29481
1988 767 28641 141428 56.2 1988-89 760 30730

AAGR** 4.9% 4.5% 4.7%

*Forecast
**Average Annual Growth Rate

From Florida Electric Power Coordinating Group - Ten-Year Site Plan

TABLE '18

1979 TEN-YEAR PLAN - STATE OF FLORIDA

HISTORY ANn FORECAST OF ENERGY USE BY TYPE OF'CONSUMER-GWH

1) (2) (3) (4) (5) (6) (7) (85 (~9j r,
Street 6 Other Sales Total Sales
Rural and Highway to Ultimate to Ultimate Sales for Utilit. e S-et _n<
Year Residential Commercial Industrial Lighting Consumer Consumer Resale and Losses for L;

1969 19375 10895 8495 350 2387 41502 2242 3419 471,
1970 22194 12229 9183 369 2418 46393 2636 4045 530
1971 24413 13804 9694 419 2617 50947 3025 4260 562
1972 2'316 15647 10465 440 2828 56696 3648 5262 656
1973 31746 18470 11350 482 1925 63973 4310 5460 737
1974 30940 19498 11329 509 1252 63528 4550 5281 733
H 1975 31933 20893 11614 543 1328 66311 4956 5941 772
H 1976 32946 21485 12353 579 1357 68720 5381 5782 798
W 1977 35739 22843 13247 606 1415 73850 5838 6078 857
co 1978 38353 24345 13824 625 1514 78661 6349 5879 90e

AGR 7.9. 9.3Z 5.6% 6.7% -4.9% 7.4% 12.3% 6.2%'

1979 39643 25196 14644 704 1569 81756 6802 6995 95f
1980 '1884 26860 15024 758 1629 86155 7062 7513 100
1981 43728 28331 15497 812 1678 90046 7425 7858 105
1982 45563 29692 15977 874 1726 93832 7884 8180 19:
1983 47203 31493 16575 939 1774 97989 8622 8366 114
1984 48824 33119 17209 1012 1827 101991 9390 8758 120
1985 * 50625 34657 17862 1090 1885 106119 10260 8991 125
1986 52465 36128 18529 1179 1940 110241 11148 9341 130
1987 54089 37457 19185 1274 1998 114003 12092 9675 135
1988 55954 39016 19934 1377 2059 118340 13041 10047 141

AGR* 3.9; 5.0% 3.5;; 7.7X% 3.1% 3.1% 7 .5 4.1

From Florida Electric Power Coordinating Group - Ten-Year Site Plan
Avewrag .Ann;ual Crowth Rate

S ~~~~FIGURE 12
1979 TEN-YEAR PLAI*
STATE OF FLORIDA

HISTORY AND FORECAST OF ENERGY USE
BY TYPE OF CUSTOMER
160000
HISTORY IFORECAST

140000- - LSE

120000 - ---OTHER

100000- - 77:~~~~~~~. .Z ~INDUSTRIAL

H I- 8~~10000-

H - - ~~~~~~~~~~~~~~~~COMMERCIAL

40000- -LT

RESIDENTIAL

89 70 71 72 73 74 75 76 7? 78 79 80 al 82 83 84 85 86 87 88

YEAR

Florida Electric Power Coordinating Group - Ten-Year Site Plan 7-26-79
KCG

FIGURE 13
1979 TEN-YEAR PLAN
STATE OF FLORIDA

*FORECAST OF NET SYSTEM GENERATION
BY FUEL TYPE (IN PERCENT)
100 .--1NATURAL GAS

90-

so C~ IL
I-4
I-

~5O
W
0. 40 COAL

30 ..... .. ..
-~~~~...... . . .,.......

,~~ ~~~~... . . . . . -... ..

10 .N..C.......

78 79 80 a81 82 83 84 a85 86 87 8
ACTUAL

YEAR ~~~~~ALL OTHER FUELS
CONTRIBUTE LESS THAN 0.5%
From Florida Electric Power Coordinating Group - Ten-Year Site Plan

The use of coal is different. Energy from coal will increase
from 17.6% in 1977 to 42.5% of the total net system generation in
1988. The increased use of coal will result from new or expanded
generating facilities, and from oil-to-coal conversions at
existing facilities. Certainly, federal initiatives, such as the
Powerplant and Industrial Fuel Use Act (42 U.S.C. s. 6211, et seq.
(Suppl. 1978)) which limits the industry's use of natural gas and
oil will pose new facility siting difficulties which must be
anticipated to avoid jeopardizing future supplies of electrical
energy.

Natural gas is the most convenient fuel and the one which is
the least polluting. Because of dwindling reserves of natural
gas, and marketing regulations, the future of natural gas is
uncertain. Imports of natural gas and possible discovery of this
fuel on the Outer Continental Shelf may maintain the use of this
resource. However, the Federal Energy Regulatory Commission has
determined that the longterm use of natural gas for generation of
electrical power is a low priority use of this fuel. It is
anticipated that natural gas, which produced 18.2% of the state's
electrical power in 1978, will, by 1988, be producing just 1.1%.

2. Power Plants: Future Facilities

To promote an adequate and reliable supply of electricity,
Florida utilities have developed coordinated generation expansion
plans. The plans are aimed at achieving acceptable reserve
margins using the most economical mix of generation types for
base-, intermediate-, and peak-load operations. Ten-year planned
and prospective generating facility additions, plus retirements
and changes are found in Table 19.

Some plans include capacity interchanges between utilities,
.such as the agreements between Florida Power Corporation and the
cities of Tallahassee, Gainesville, and Lakeland. These types of
agreements allow utilities to enjoy economies of scale associated
with units larger than would normally be installed if such inter-
change was not considered.

Coordinated generation expansion plans also promote joint
ownership among investor-owned, municipal, and cooperative
systems. Examples are the sale of 10% of the Crystal River #3
nuclear unit to several municipal and cooperative utilities,
the jointly owned Lakeland/Orlando McIntosh *3 unit, the
proposed joint F~lorida Power and Light Company and Jacksonville
Electric Authority coal units, and the planned Gulf, Georgia,
and Mississippi Power Company joint projects.

Several interconnections exist between state electric power
systems and systems in other states. The Southeastern Electric
Reliability Council, to which Florida utilities belong, addresses
the potential problem of cascading tripouts (reliability) and
provides sufficient generating capacity to meet aggregate peak

11-331

TABLE 19
ABBREVIATIONS 0

Utilities

FPC - Florida Power Corporation

FPL - Florida Power & Light Company

FTP - Fort Pierce Utilities Authority

GVL - Gainesville/Alachua County Regional Utilities Board

GPC - Gulf Power Company

HST - City of Homestead

JEA - Jacksonville Electric Authority
LWU - Lake Worth Utilities Authority

LAK - City of Lakeland

OUC - Orlando Utilities Commission
SEC - Seminole Electric Cooperative

SPA - Southeastern Power Administration

TAL - City of Tallahassee
TEC - Tampa Electric Company

VER - Vero Beach Municipal Utilities

0
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TABLE 19
1979 TEN-YEAR PLAN - STATE OF FLORIDA

PLANNED AND PROSPECTIVE GENERATING FACILITY ADDITIONS, RETIREMENTS AND CHANGES PAGE 1 OF 3

Unit Unit In (Out) Net Capability - 11W
Utility Plant No. Location Type Fuel Service Summer Winter

FPC Antlote 2 Pasco County FS HO 5/79 466 506
FPC Crystal River I Citrus County FS C 5/79 383 383
JEA Northside 3C Duval County FS HO 5/79 58' 58
TEC Big Bend 2C Hillsborough County FS C 5/79 24 24
FPC Crystal River 3C Citrus County N N 6/79 27 27

TOTAL 958 998

VER Municipal Plant 1- 6R Vero Beach D LO (1/80) -15 -15
HST G. W. Ivey 20-21 Dade County D LO 4/80 14 14
FPC Crystal River 2C Citrus County FS C 5/80 50 50
FPL Martin 1 Hartin County FS HO /80 775 787
i JEA Kennedy 6 Duval County CT LO 5/80 54 54
FPC Suwannee River 1- 3 Ellaville CT LO 10/80 153 195
FPL Solid Waste 1- 2 Unknown FS SW /80 40 40

TOTAL 1071 1125

CVL Deerhaven 2 Alachua County FS C 1/81 235 235
GVL J. R. Kelly 6R Alachua County FS HO (1/81) -14 -14
FPL Martin 2 Martin County FS HO /81 775 787
GPC Daniel (1006p) 1- 2 Lississippi FS C 5/81 503 503
FPC Simple Cycle 1- 3 Unknown CT LO 10/81 150 150
FPC Suwannee River 4 Ellaville CT LO 10/81 51 65
LAK McIntosh (334p) 3 Polk County FS C 10/81 200 200
OUC McIntosh (334p) 3 Polk County FS C 10/81 134 134

TOTAL 2034 2060
JEA Kennedy l/ 1- 2 Duval County CT LO 1/82 25 26
JEA Southside 1/ 1- 2 Duval County CT LO 1/82 25 30
FPC Crystal River 4 Citrus County FS C 12/82 640 640
OUC Lake Highland 1- 3R Orlando FS HO (12/82) 90 -93

See List of Abbreviations. TOTAL 600 603

TABLE 19

1979 TEN-YEAR PLAN - STATE OF FLORIDA

PLANNED AND PROSPECTIVE GENERATING FACILITY ADDITIONS, RETIREMEN'TS AND CHANGES PAGE 2 OF 3

Unit Unit In (Out) Net Capability - MW
Utility Plant No. Location Type Fuel Service Summer Winter

LAK Larsen 4R Polk County FS HO (3/83) -19 -19
TEC Big Bend 4- 5 lillasborough County CT LO 3/83 100 100
FPL St. Lucie (802p) 2 St. Lucie County N N /83 747 764
SEC St. Lucie (802p) 2 St. Lucie County N N /83 48 48
SEC Seminole 1 Palatka FS C 5/83 600 600
JEA Unknown 1- 3 Unknown CT LO 5/83 150 180
FPC Simple Cycle 1 Unknown CT LO 10/83 100 100
FPC Simple Cycle 1- 2 Unknown CT LO 10/83 100 100
FTP H. D. King 5R Fort Pierce FS HO (12/83) -7 -7

TOTAL 1819 1866

H TEC Big Bend 6- 7 Hillsborough County CT LO 3/84 100 100
| FPC Crystal River 5 Citrus County FS C 4/84 640 640
w TAL Purdom 1- 4R Wakulla County FS HO (5/84) -28 -32

TOTAL 712 708

GPC Scherer 3 Georgia FS C 2/85 216 216
TEC Big Bend 4 Rillsborough County FS C 3/85 417 417
FPL Martin Coal 3 Martin County FS C /85 700 720
JEA Unknown 4- E Unknown CT LO 5/85 150 180
SEC Seminole 2 Palatka FS C 5/85 600 600
TAL Hapkins ' Leon County CT LO 5/85 50 50
FPC Avon Park 2R Highlands County FS No (6/85) -42 -44
FPC Fossil Coal 1 Unknown FS C la/85 660 660

TOTAL 2751 2799

TABLE 19

1979 TEN-YEAR PLAN - STATE OF FLORIDA.

PLANNED AND PROSPECTIVE GENERATING FACILITY ADDITIONS, RETIREMENTS AND CHANGES PAGE 3 OF 3

Unit Unit In (Out) Net Capability - :.W
'Utilitv Plant No. Location Type Fuel Service Summer Winter

GPC Crist IR Pensacola FS NG (1/86) -22 -22
L WU Smith IR Lake Worth FS NG (1/86) -7 -8
FPC Suwannee River 1- 2R Ellaville FS HO (6/86) -67 -67
OUC Lake Highland A- BR Orlando CT LO (12/86) -26 -32

TOTAL -122 -129

GCC Scherer 4 Georgia FS C 2/87 216 216
TAL Unknown (p) 1 Unknown UN UN 4/87 200 200
H FPL Martin Coal 4 Martin County FS C /87 700 720
PL Coal (600p) Unknown FS C /87 300 300
JEPL Coal (600p) 1 Unknown FS C /87 300 300
LEAK nknown (p) Unknown FS UN 5/87 150 150
OUC Unknown (p) Unknown FS C 5/87 150 150
FPC Fossil/Coal 2 Unknown FS C 10/87 660 660

TOTAL 2676 2696

LAK Larsen 1- 3R Polk County CT LO (3/88) -33 -39
LWU Smith 2R Lake Worth FS NG (3/88) -7 -8
FTP H. D. King 6R Fort Pierce FS HO (12/88) -18 -18

TOTAL -58 -65

1/ Reactivation

From Florida Electric Power Coordinating Group

loads of customers (adequacy). The adequacy arnd reliability of
the bulk power supply system and the place that Florida utilities
hold in that system are discussed under the National Interest
section.
3. Coal: Water Related Coal. Handling Facilities

A major increase in coal consumption in Florida is forecast
for the next ten years. Transportation capacity must be improved
to move this coal into and throughout the state. No single
transportation mode can be used to meet projected coal delivery
demand; a mix will be needed. This mix will be composed of coal
transport modes already in use in Florida -- rail, barge, trucks
and short-distance "coal-by-wirew. It also may include coal
slurry pipelines.

Florida has deep water ports which allow delivery of coal by
ship and Gulf barges, as well as the smaller river-going barges.
Transloader facilities may be required at these ports to transfer
coal from ocean-going barges carrying 19,000 to 32,000 tons with
25 to 32 foot draft to river barges carrying 1,500 tons with a
draft 9 to 11 feet in order to transport coal to inland facil-
ities which have river or canal access.

Florida's electric generating plants now are consuming
slightly more than 7 million tons of coal per year. The water
carriers' market share for the movement of coal in Florida is
expected to remain about the same for the next five years
primarily because existing coal fired power plant sites are4
on navigable waters. In the longer run more competition will
develop between transportation modes since some proposed
coal-fired generating plants can be served in several different
ways, or combinations.

More than I million tons of coal a year is barged from
Myrtle Grove, Louisiana, south of New Orleans, to Florida Power
Corporation's units at Crystal River. Tampa Electric Company
receives coal by unit train and water. The TECO, Gannon generating
plant uses I -million tons of coal per year, and recently started
receiving coal by unit train at an annual rate of approximately
600 thousand tons, with the remainder transported over water. The
Big Bend Plant in Hillsborough County uses 4.2 million tons of
coal per year, all of which is transported over water.

Gulf Power has coal fired generating plants at Pensacola,
Panama City, and Sneads. The Crist Plant at Pensacola uses 1.5
million tons of coal annually and the Smith Plant at Panama City
annually uses 900 tons. These two facilities receive coal over
water. Pensacola receives most of its coal from Southern Illi-
nois. The coal is shipped down the Mississippi River in 25 to 40,
1,500-ton barges, per tow. At New Orleans, these barge tows

11-336

are broken apart into four barges per tow to navigate the narrower
Gulf Intracoastal Waterway. A much smaller amount comes from two
other sources. Western Kentucky coal is brought down the
0 ~~Mississippi and through the Gulf Intracoastal Waterway. Alabama
coal is brought down the Black Warrior and Tom Bigbee to Mobile
and the Gulf Intracoastal Waterway to Pensacola.

Panama City coal is from South Africa. Deep-draft vessels
drawing approximately 45 feet are unloaded at Mobile. The coal is
transferred to 1,500 ton barges made up into four barges per tow
to be moved through the Gulf Intracoastal Waterway to Panama City.
Gulf Power, at the Scholz generating plant located in Sneads,
Florida, receives 200,000 tons of coal per year by the L & N
railroad.

The water movement of coal into Florida has been seriously
discussed in the past few years by U.S. firms representing U.S.
coal and by U.S. firms representing both U.S. and foreign coal
supplies. In addition, there have been visits to some of the
Florida Port Authorities by representatives from South Africa,
Australia, and Poland interested in selling quality coal to power
plants and developing sites for transshipment. Most Florida ports
can provide barge, rail or truck movement for short hauls to
distribute coal within the state.

4. Petroleum Facilities

Florida is unique in its dependency on petroleum for energy.
In 1978, the state depended on petroleum for 70.1% of its primary
energy supply, while the nation as a whole used petroleum for 50%
of its primary energy supply.

Nearly every port in Florida has petroleum storage facil-
ities. Port Everglades, has 257 petroleum tanks on port property
that have a capacity of 441 million gallons. The 23 petroleum
product companies that operate from the port serve approximately
16 counties. Most of the other ports, although not as petroleum
intensive, are important petroleum transshipment centers.

Florida has two small refineries. One, in Manatee County,
primarily produces aviation fuel. A second, located in Wakulla
County, produces asphalt. Other refineries have been proposed for
Florida, but no firm developments have taken place.

Several port areas on the Florida Gulf coast have been used
as temporary supply bases for outer Continental Shelf activities.
Shell and Texaco used Port Manatee. Gulf Oil has operated out of
private dockage in Pensacola. The Sun Oil Company leased dock
space from the International Paper Company at Panama City, and
Exxon used the facilities of the Port of Panama City.

A natural gas system owned by the Florida Gas Transmission
Company (FGT) supplies natural gas to many areas in Florida. At
present, this pipeline system consists of a 24-inch diameter

11-337

pipeline with 30-inch diameter pipeline looping much of the syste;
from eastern Louisiana to southern Florida. Pending the outcome
of current Federal Energy Regulatory Commission (FERC) proceeding *
in Docket No. CP74-192, portions of the existing mainline may be
abandoned from gas service and converted to a petroleum products
pipeline.

ENERGY FACILITIES: SITE SUITABILITY AND STATE MANAGEMENT PROGRAMS

This part of the "Energy Facilities Planning" element focuses on
electric generating plants, transmission lines, and outer Continental
Shelf (OCS) activities and related shoreline facilities.

1. The Requirements and Impacts of Power Plants, Transmission Lines,
and OCS Related Facilities

A general discussion of the requirements and impacts of
power plants, transmission lines, and OCS related facilities has
been provided under Part II, Section Two.D., "-Issues of Special
Focus".

2. Identification Of State Policies, Authorities, and Techniques

The state has facility siting laws and programs (Chapters
23, 253, 403, 288, 377, 376, 380, et. al.) which affect energy
facilities. The FCMP will rely on these existing state statutory
authorities and programs to manage the significant impacts of
energy facilities. Refer to Part II, Section Two.B., for the
identification and description of state policies, authorities,
and techniques included in the program.

The electric generating utilities' Ten-Year Site Plan
submitted to DVCA pursuant to 23.019, F.S. is the basic source
document for electric power peak demand, energy use, fuel
requirements, and future facility requirements. As explained in
Section Two and Appendix One, the ten-year site plan is a
companion program to power plant site certification under Chapter
403, F.S. Unlike the site certification process, the ten-year
site plan is not a permitting program, but is a process for
providing-planning information. By providing an intermediate-
range look at power plant siting alternatives and providing state
agencies with an opportunity to comment on alternative sites, it
provides guidance to electric utilities for their planning, it
assists the Department of Environmental Regulation in its
certification of power plant sites, and it assists the Division of
Local Resource Management (Department of Veteran and Community
Affairs) carry out its responsibilities as the primary state
land-planning agency.

Power plant site certification under the Florida Electrical
Power Plant Siting Act (Chapter 403, Part II, F.S.) is described
in Section Two and the Appendix. Under this Act, the "Applica-
tion For Certification Of Proposed Electrical Power Generating
Plant Site" (DER Form #17-1.122 (72), 1/10/79) brings a broad

11-338

range of environmental, economic, and social effects into licen-
sing considerations for siting power plants. Another important
statute related to the Siting of energy facilities is the Trans-
mission Line Siting Act (Chapter 403, Part II F.S.). This Act,
0 ~~similar to the 'Power Plant Siting Act', centralizes and coor-
dinates a permitting process for the location and maintenance of
transmission line corridors and the construction of transmission
lines. The Transmission Line Siting Act thus creates a state
certification of transmission lines and transmission line
corridors (see Part II, Section Two.B.).

As noted in the National Interest section (Part II, Section
Two.G.), the Public Service Commission is authorized under Chapter
366, Part II, F.S. to determine the need for power plants and
transmission lines. In making its determination, the Commission
will take into consideration electric system reliability and
integrity, the need for reasonably priced electricity, and other
factors.

OCS and other oil and gas related facilities are affected by
several laws presented in Tables 20; 21; and 22. These tables
identify two categories of management under which the state
carries out its energy related statutory responsibilities:
(1) Direct laws which are "use" specific in their authority and
-clearly define the types of energy facilities which they manage;
(2) Indirect laws which manage energy facilities which are not
"use" specific but nevertheless address impacts which might result
from the facility itself or from some related facility. For
instance, the approval of a consumptive use permit for water under
the Water Resources Act (Chapter 373, F.S.) for an energy facility
which requires water to operate illustrates how an indirect law
has potential management applications.

PUBI AND PRIVATE INVLVEMENT IN ENERGY FACILITY PLANNING AND SITING

Key public participation opportunities are provided under the
Administrative Procedure Act (Chapter 120, F.S.), the Environmental
Protection Act (Chapter 403, F.S.) and other laws discussed in Part II,
Section Two.B. of the FC14P.

public hearings are required under the Florida Electrical Power
Plant Siting Act. The first hearing is a land use hearing conducted
for the sole purpose of determining if the proposed site is consistent
with existing land use plans and zoning ordinances. The second
hearing is a certification hearing on all issues relevant to the
application. Parties to a proceeding are the Public Service
Commission, the Department of Veteran and Community Affairs, affected
water management districts, the applicant and the Department of
Environmental Regulation. Other parties may include other state
agencies, agencies whose properties or works are affected, and
representatives from commercial, health, environmental and consumer
groups. The Transmission Line Siting Act has similar procedures for
its certification hearing.

II-339

The impacts of OCS activities affect two major jurisdictions:
the federally "owned" area beyond the territorial sea and the state
'owned' territorial sea and. its coastal onshore area. Clearly, many
activities occurring on the continental shelf, i.e., in federal
waters, concern the citizens of Florida. These concerns are connected
with such things as: (1) OCS offshore operations that may affect
commercial and sport fisheries; (2) OCS activities that require coasta
staging, processing, and transportation facilities; (3) possible oil
well blowouts and oil spills that may affect fishing, recreation and
vulnerable natural areas; (4) increased economic activity; and (5)
decreased dependency on foreign oil.

Generally, the Outer Continental Shelf Lands Act, which codified
United States jurisdiction over the continental shelf, established
the submerged lands of the shelf seaward of the territorial sea
limit as an exclusive Federal domain. This legislation, and other
key federal statutes which bear upon marine areas and activities,
recognizes the interests of the state and points toward involvement
of the state in OCS decisions. The following major federal statutes
provide opportunities for state involvement in the OCS decision-making
process: (1) National Environmental Policy Act; (2) Outer Continental
Shelf Lands Act; and (3) Coastal Zone Management Act (federal
consistency provisions).

II-340

TABLE 20

DIRECT LAWS MANAGING OIL AND GAS RELATED FACILITIES IN THE COASTAL ZONE

F.S. ADMINISTERING ENERGY FACILITIES
CHAPTER TITLE/PART SECTIONS DESCRIPTION BODY MANAGED

376 Pollutant Spill 376.011 Operation of DNR Terminal Facilities
Prevention and thru terminal facili- (water) used for
Control 376.21 ties (used for storage transfer,
transfer of etc., of petroleum
petroleum pro- products
ducts) requires
certification

377 Energy Resources 377.01 Permits for oil DNR Oil and gas explor-
Part I: Regu- thru and gas explora- ation and produc-
lation of Oil 377.40 tion within state tion equipment
and Gas jurisdiction

380 Environmental 380.012 Provides for Areas DCA ACSC and DRI's have
Land and Water thru of Critical State the potential to
Management 380.12 Concern and manaye all facili-
Developments of ties
Regional Impact

253 Land Acquisi- 253.01 Provides for the DNR/ 2 Oil and gas explor-
tion Trust thru regulation of BTIITF ation and produc-
Fund 253.75 state-owned lands tion in state
and the leasing jurisdiction and
of oil and gas activities on
rights state owned lands

TABLE 20

F.S. ADMINISTERING ENERGY FACILITIES
CHAPTER TITLE/PART SECTIONS DESCRIPTION BODY MANAGED

288 Florida Indus- 288.501 Requires Proce- DER Eligible oil and
trial Siting thru dures to coordinate gas related onshore
Act 288.518 and facilitate state facilities
decisions relating
to industrial plant
siting and other
facilities

704 Easements 704.01 Provides that BTI!TF2 Facilities of any
thru state interest type which
704.05 for easements require an ease-
preempt other ment
rights of
entry

Adopted from Weiss and Nix, 1978

1"Development of regional impact", means any development which,
because of its character, magnitude, or location, would have a
substantial effect upon the health, safety or welfare of citizens
of more than one county (Chapter 380.06, F.S.)

2Board of Trustees of the Internal Improvement Trust Fund

TABLE 21

INDIRECT LAWS WHICH MANAGE OIL AND GAS RELATED FACILITIES IN THE COASTAL ZONE

F.S. ADMINISTERING ENERGY FACILITIES
CHAPTER TITLE/PART SECTIONS DESCRIPTION BODY MANAGED

403 Environmental 403.21 Permits for air/ DER Potential to manage
Control, Part thru water pollution all which require
I: Pollution 403.131 permits
Control

373 Water Resource, 373.012 Requires a State DER/WMD Potential to manage
Part I: State thru Water Use Plan all which have
Water Resource 373.1962 some dependence on
H ~~~Plan water

373 Water Resource, 373.203 Permits for con DER/WMD Potential to manage
Part II: Per- thru sumptive uses all which require
mitting of 373.249 of water consumption of
Consumptive water
Uses

23 Miscellaneous 23.011 Calls for the Office of the Has the potential
Executive thru preparation of Governor to manage most
Functions, 23.019 a State Coin- energy facilities
Part I: prehensive Plan. which are likely
Comprehensive Calls for the to locate in the
Planning coordination of Coastal Zone
local, state
and federal
programming
through A95
review

TABLE 21

'TIES
F.S. ADMINISTERING El
CHAPTER TITLE/PART SECTIONS DESCRIPTION BODY

161 Beach & Shore 161-011 Permits for DNR Po
Preservation thru Coastal Construc- al
Part I: 161-211 tion and Established ti
Regulation Coastal Setback li.
of Construc- Line
tion

163 Intergovern- 163.160 Directs each Local Potential to manage
mental Programs thru general purpose Governments all energy facili-
163.3191 local govern- ties which are
ment to develop likely to locate
a comprehensive in the Coastal
plan Zone

258 State Parks & 258.08 Designates and DNR All energy facili-
Preserves thru protects environ- ties proposed
258.46 mentally sensi- for designated
tive areas of areas
Florida

372 Game and Fresh 372.001 Energy facilities GFWFC All energy facili-
Water Fish thru located in or ties which are
372.9905 near freshwaters potential pollu-
must employ ters to freshwaters
precautionary are subject to
measures to regulation
prevent pollu-
tion

TABLE 21

ES. ~~~~~~~~~~~~~~ADMINISTERING ENERGY FACILITIES
CHAPTER TITLE/PART SECTIONS DESCRIPTION BODY MANAGED

589 Forestry 589.01 Division of Dept. of Agri Electrical trans
thru Forestry culture and mission lines, and-
589.34 empowered to Consumer oil and gas pipe
make recommnen Services lines
dations to BTIITF
for electric,
oil and gas pipe-
line/transmission
easements

H 267 Archives and 267.031, Provides for a Dept. of State Once designated as
History 267.061, permitting an archaeological
and process to site, no person
Ln 276.11 protect publicly may conduct field
designated investigations
archaeological without a permit
Sites

Adapted from Weiss and Nix, 1978

TABLE 22

EXISTING LAWS WHICH MAY BE USED TO MANAGE OIL AND GAS RELATED FACILITIES IN THE COASTAL gONE

DIRECT MANAGEMENT LAWS INDIRECT MANAGEMENT LAWS
ta I 0 >1
M~~~~~~.$ *ri H
0$4J .C 0 1ON. $4
r4~ -pi -P 0 0 4 ) 4
0 > X w rm4 V 4 .
>) 0 0 p U) C: m 0 bH N 0
w 0) 0 w LA r.o J4)- M N
rw &I -41 o b N. M r $4 M 0 W 0) P- F-4M CV MS $4) U ) >4
r-P ~o an 0 0 r, M 9 C W k -M > W v- M C- E) C 1 I w k 9:
>1 cm r- ' 4 a, 04 C4 N r4 en m $4 " 4~ 143 P
r_4 0 w 0. 44 Uw 0 $4 :3 W a
Cn _rq to d) U3 w 0W>0W �a~a
IZ * ioE:1 d - 43 0 id .9 0 0 4 - Wa: ; $4 4) 0 0 0
04 U3 rme P4 9% 4 A N w U 4:w N ty- 04 0 9 04 P4 W 3: 4 N r4 W~
ENERGY FACILITIES

Drilling and Development X X XXX X X X X x X X X X
Operations in State juris-
Hc diction

I& Facilities to Separate Oil, X X X X X X X X X X
Water and Gas

Petroleum/Gas Refineries x X X X X X X K X

Petroleum Storage (Tank Farms x X X X X X X
and Related Facilities)

Pipelines (Gas or Oil) X X X X X X X K XX X X

Water Ports (Service Bases) x X x X X X X K X

Terminals Relating to Energy X X X X X X X X x
Resources

Miscellaneous Facilities X K X X X X K
Relating to Offshore Energy
Facilities (Repair Yards,
Pipecoating)
Adapted from Weiss and Nix, 1978

0 0~~~~~~~~~~~~i

J. COASTAL SHOREFRONT AREAS

. ~SHOREFRONT ACCESS AND PROTECTION

The coastline is one of Florida's most distinctive features. It
is without a doubt one of the major reasons for the growth in the
state's permanent and temporary populations. Residents as well as
visitors cite climate and beaches as the lures which drew them to'
Florida. But despite the tremendously long coastline, useable shore-
line space is becoming scarce as competition between types of coastal
land use increases. A result is that available public beach area is
decreasing, rather than increasing with the population and demand.
Coastal land is expensive. Its price often is beyond the reach of
local governments working alone.

The federal CZMA requires each state to include a planning process
for the protection of, and access to, public beaches and other coastal
areas (Section 305(b)(7)). The purpose of the *Shorefront Access and
Protection' element '...is to provide public beaches and other public
coastal areas of environmental, recreational, historical, aesthetic,
ecological, or cultural value with special management attention within
the purview of the state's management program* (CFR 923.24(b), Vol. 44,
No. 61, March 28, 1979).

Three requirements must be included:

1. A procedure for assessing public beaches and other public areas,
including state-owned lands, tidelands, and bottom lands, which
require access or protection, and a description of appropriate
types of access and protection.

2. A definition of the term 'beach' and an identification of public
areas meeting that definition.

3. An identification and description of enforceable policies, legal
authorities, funding programs, and other techniques that will be
used to provide such shoreline access and protection that the
state planning process indicates is necessary.

Each element will be discussed in turn.

1. Assessing public beaches and areas; description of types of access
and protection

Two major recreational planning efforts by the Department of
Natural Resources are included in the state's program to assess
needs for coastal public beaches and other public areas.

The Outdoor Recreation and Conservation Act of 1963 (Chapter
375, Florida Statutes) charges the DNR to develop and execute a
comprehensive multi-purpose outdoor recreation and conservation
plan for the state. The Department also is responsible for
* ~~developing astate recreation plan -the State Comprehensive

II-347

Outdoor Recreation Plan (SCORP) - under the federal Land and Wat
Conservation Fund program, P.L. 88-578, as amended. The plan-
Outdoor Recreation in Florida - is a product of both these
requirements.

The plan assesses the overall needs of the state for outdoo:
recreation, but because of the state's unusual relationship with
.the coastline, and the high preference among residents and visi-
tors for coastal recreation such as swimming, fishing and boatin(
significant portions are devoted to coastal resources. The plan
includes assessments of the need for public beaches - including
increased access - as well as the need for other shoreline recre-
ational facilities - camping, fishing, boating, nature study, an(
aesthetics. The plan shows a growing and continuing demand for
improved shoreline recreational facilities, particularly beaches.

other coastal land resource planning and acquisition pro-
grams include state wilderness areas under Chapter 258 and the
state aquatic preserve system under the same chapter. The
Department also administers programs to assist local governments
assess their need for, and to acquires waterfront property.
2. Definition of 'beach"; identification of public areas meeting
the definition

'Beach' is not defined in the Florida Statutes. Article X,
Section 11, of the Florida Constitution provides that "The title
to lands under navigable waters...which-have not been alienated,
including beaches below mean high water lines, is held by the
state, by virtue of its sovereignty, in trust for all the
people..."w. The Department of Natural Resources in 16B-33,
F.A.C., developed for the Coastal Construction Control Line permi
program under Chapter 161, Florida Statutes, defines "'beach' as
the zone of unconsolidated material that extends landward from th
mean low water line to the place where there is marked change in
material or physiographic form, or the line of permanent vege-
tation (usually the effective limit of storm waves). Unless
otherwise specified, the seaward limit of a beach is the mean low
water line. Beach is alternatively termed the 'shore'".

Under this definition of beach, only the so-called "wet sand
beach (the beach below mean high water) is almost universally a
'public area' (little, if any, ocean or gulf-front 'beach" has
been sold by the state). other "public areas" which would fall
under the definition include those "dry sand" areas which have
been purchased by governmental agencies - by the state for use as
a park, as a portion of an aquatic preserve, a wildlife refuge,
environmentally endangered land, or other public recreational use
or a local government for the same or similar uses.

The definition excludes marsh or wetland areas. Many of
these are in public ownership, either through purchase or because
the areas lie below the mean high water line.

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Court decisions citing commhon law doctrines for use of
beaches may, on occasion, expand the concept of %public areas"
However, the utility of the doctrines of 'preoccupation",
"custom", and 'dedication' seems destined to be limited to a
case-by-case situation. Thus far,' Florida courts have taken a
very restrictive application of these doctrines.

3. Identification and description Of Policies, legal authorities,
funding programs and other techniques

The Land Acquisition Trust Fund established by s. 375.041,
Florida Statutes, provides state funding for purchase of land and
water areas identified under the state's comprehensive recreation
plan. The fund may be used to purchase all recreational lands,
including beaches, water access sites, boating and navigation
channels, and submerged lands. Other funds available to the DNR
for recreational lands - specifically including beaches - are
through the Conservation and Recreational Lands Trust Fund
established by s. 253.023, Florida Statutes. Federal Land and
Water Conservation funds also are administered by the DNR. The
policies and more detailed descriptions of these laws and their
programs are provided in Part II, Section II.B.

Section 375.031(6) authorizes the Department to acquire
rights of way for access 'which may be reasonably necessary for
the use and enjoyment of public waterways". Subsection (10) of
the same section authorizes the DNR to provide local governments
with up to 50 percent of the funds needed to acquire rights of way
* ~~~to beaches.

The Department also administers the Environmentally Endan-
gered Lands program under Chapter 259, Florida Statutes. Funds
are available to purchase "any beaches or beach areas within the
state which have been eroded or destroyed by natural forces or
which are threatened or potentially threatened by erosion by
natural forces"; s. 259.03(2)(c). Other lands which may be
purchased under the Environmentally Endangered Lands program
include 'areas of ecological significance, the development of
which, by private or public works, would cause the destruction of
submerged lands, inland or coastal waters, marshes ..."0. The
Department is required by s. 253.023, Florida Statutes, to give a
high priority to acquiring lands near urban areas.

Under Chapter 258, Florida Statutes, relating to state parks
and preserves, the State Park Trust Fund is available for the
maintenance, preservation and acquisition of state park areas,
including beach and waterfront areas.

Section 375.065, Florida Statutes, authorizes the DNR to
grant, or loan, funds to local governments to acquire public beach
areas, or-to acquire the waterfront property itself. The
Department is 'urged' in subsection (4) to "give priority to
applications (for funds from local governments) relating to the

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acquisition of public beaches in urban areasw. Section 371.65
(3), Florida Statutes, earmarks a portion of the registration fee
for motorboats for distribution to local governments for boating
related activities, including boat launching facilities.

The DNR exercises regulatory control over beaches under
Chapter 161, Florida Statutes. The policies and more detailed
descriptions of this law are presented in Part II, Section II.B.
Discussions of the Coastal Construction Control Lines also are
discussed in the 'Issues of Special Focus" in Part II, Part II.D.

The Department's authority to require permits for construc-
tion of shore protection structures below the mean high water
line, s. 161.041, F.S., and for construction seaward of the
Coastal Construction Control Line, s. 161.053(4), F.S. represents
a significant degree of protection for state beach areas, whether
they are publicly or privately owned (wet or dry-sand) beaches.
The department has the responsibility to require the removal of
any structure which is constructed seaward of the Coastal Con-
struction Control Line without a permit.

Chapter 161 also establishes the Erosion Control Trust Fund,
s. 161.091, F.S., which is used by the DNR in a 'statewide plan
for erosion control, beach preservation, and hurricane protec-
tion...". The fund may be used to pay up to 75 percent of the
costs of erosion control projects 'including biological moni-
toring costs, revegetation costs, and costs of monitoring post-
construction shoreline changes...".

Local interests are required to pay a share of the costs.
In addition, "for an area to qualify for state funding...local
interests shall...provide permanent public access to project areat
at approximately one-half mile intervals, including adequate
vehicle parking areas...no public funds shall be spent restoring
any beach where adequate public access to and use of the restored
beach is not available", s. 161.091(l)(e), P.S.

The DNR also enforces s. 370.041, Florida Statutes, which
prohibits the cutting or harvesting of sea oats or sea grapes on
public or private lands, "to protect the beaches and shores of
this state from erosion by preserving natural vegetative cover to
bind the sand".

Under the Water Resources Restoration and Preservation Act
(s. 403.0615, P.S.) and the powers and duties of the Department of
Environmental Regulation (s. 403.061, P.S.), the enhancement of
public access is a part of the state program for restoring and
preserving water bodies. In addition, the statutory criteria
governing the allocation of restoration and preservation funds
(s. 403.0615(3)(c)) include consideration of the "...public uses
which can be made of the subject waters."

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As has been noted elsewhere in this document, a considerable
portion of Florida's coastal lands are owned by the Department of
Defense and are used as military installations. Much of this land
is off limits to the general public. However, Under the federal
"Sykes Act", P.L. 86-797, passed in 1960, the military services
are encouraged to enter into recreation and access agreements
with the U.S. Department of the Interior and appropriate local
agencies.

Nearly 400,000 acres of military lands have been opened up to
the public for recreational purposes in Florida under Sykes Act
provisions. Activities allowed on these lands include hunting,
camping, swimming, fishing, non-power boating, nature study, etc.
The lands include several beach areas. Military bases in which a
portion of the lands have been opened to public recreational
access include (not all have beach areas): Homestead AFB - 81
acres; Patrick AFB - 2,108 acres; Eglin APB - 290,000 acres; Avon
Park AP Bombing Range - 80,000 acres; Tyndall AFB - 20,000 acres.
The state has a clear opportunity to use the provisions of the
Sykes Act to the fullest through making similar arrangements with
other military installations throughout the state.

SHORELINE EROSION AND MITIGATION

FEDERAL GUIDELINES

Section 305(b)(9) of the CZMA requires each state to address the
issue of shoreline erosion. Specifically, it states that the manage-
ment program for each coastal state shall include "A planning process
for (a) assessing the effects of shoreline erosion (however caused),
and (b) studying and evaluating ways to control, or lessen the impact
of, such erosion, and to restore areas adversely affected by such
erosion'. Furthermore, Section 923.25 of the federal regulations for
program approval requires that:

1. the management program must provide a method for assessing the
effects of shoreline erosion and evaluating techniques for miti-
gating, controlling or restoring areas adversely affected by
erosion; and

2. the program must identify and describe the authorities, policies
and funding techniques that will be utilized to manage the effects
of erosion.

Beach and shoreline erosion has long been a matter of concern in
Florida. Such erosion has on numerous occasions resulted in severe
damage or destruction of commercial and residential structures, trans-
portation systems and-recreational beaches. Social and economic
impacts caused by erosion have-resulted in greatly increased interest
by state government and the academic community in understanding the
extent and causes of shoreline erosion and in developing mechanisms for
dealing with the problem.

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Investigations to date indicate that beach and shoreline erosion
in Florida is a natural process which is exacerbated by development
activities. While some erosional problems exist elsewhere, the primar,
concern in Florida focuses on the sandy beaches fronting on the Gulf 0:
Mexico and the Atlantic Ocean. Here, the combination of man's actions
and natural processes have resulted in about 210 miles of a total 782
miles of beach being in a 'critical' state of erosion, meaning there i.
a potential threat and endangerment to coastal buildings and public
property. Another 325 miles of beach are in a non-critical state of
erosion. only about 250 miles of Florida beaches can be considered in
good shape. The extent of beach erosion in Florida is indicated on
Table 23.

State Policy

The state's policy on erosion is described in Chapter 161, F.S.
and in the duties of the Department of Natural Resources Division of
Marine Resources. Section 161.141, F.S. provides that

Beach erosion being a serious menace to the
economy and general welfare of the people of this
state and having advanced to emergency proportions,
it is hereby declared to be in the public interest
that the Legislature make provision for publicly
financed beach nourishment and restoration and
erosion control projects and establish and clarify
the property right of the State and private upland
owners arising from or created by such projects ....

Duties of the Division of Marine Resources

The Division of Marine Resources of the Department of Natural
Resources has the responsibility for administering, coordinating,
enforcing and carrying out the state's program related to beach and
shore erosion. Specific duties of the Division as described in
Chapter 370.02, F.S. include:

1. To administer, coordinate and enforce the provisions of Chapter
161, F.S.

2. To conduct, direct, encourage, coordinate, and organize a con-
tinuing program of research into problems of beach erosion,
shoreline deterioration and hurricane protection.

3. To prepare a comprehensive and a long-range statewide plan for
erosion control, beach preservation and hurricane protection.

4. To make recommendations to the department (DNR) concerning the use
of funds in the erosion control account.

5. To review all plans and activity pertinent to erosion control,
beach and hurricane protection and to provide coordination in
these fields among the various levels of government.

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TABLE 23

FLORIDA'S EROSION PROBLEM AT A GLANCE

(figures in statute miles)

Non-Critical
County Beach Length *Critical Erosion Erosion

Nassau 13.3 2.5 4.0
Duval 16.0 10.0 0
St. Johns 41.3 5.0 36.3
Flagler 18.0 3.0 12.0
Volusia 49.0 .5 10.0
Brevard 72.0 23.0 0
Indian River 22.0 6.0 16.0
St. Lucie 22.0 1.3 20.7
Martin 21.0 6.0 15.0
Palm Beach 44.9 28.4 16.5
Broward 24.0 8.9 15.1
Dade 34.8 19.5 1.3
Collier 35.0 4.0 16.0
Lee 44.0 12.4 0
Charlotte 14.0 5.0 6.0
Sarasota 35.0 4.4 0
Manatee 14.0 6.7 2.0
Pinellas 35.4 13.0 22.4
Franklin 54.6 18.3 30.3
Gulf 26.4 6.4 11.6
Bay 44.6 21.5 17.3
Walton 25.2 0 25.2
Okaloosa 24.5 0 14.2
Santa Rosa 3.1 0 3.1
Escambia 40.8 3.0 37.8

*The term "critical" applies only to developed shoreline areas where
buildings and public facilities may be utlimately threatened. It does
not refer to the rate of erosion. Non-critical erosion applies to
relatively undeveloped areas. In some cases, the erosion rate may be
greater in areas designated as "non-critical".
Source: State Department of Natural Resources

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6. To promote sound planning and development of shoreline upland by
devising standards and working with local government agencies.

7. To insure the proper regulation of shoreline alteration and
development by investigating proposed work and making recommen-
dations to the Department.

STATE PROGRAMS

Florida has several programs to address shoreline erosion
concerns:

Comprehensive Planning

The Department of Natural Resources, Division of marine Resources
has the responsibility to prepare a long-range statewide plan for
erosion control, beach preservation and hurricane protection.
Recently, the DNR signed a contract with the University of West Florid
to prepare such a plan. The first phase of the plan was completed in
January, 1981. This phase will provide overall direction to the
state's erosion control effort. Subsequently, individual management
plans for erosion control will be developed for each county.

Coastal Construction Permits

Prior to enactment of state legislation controlling coastal
construction, local governments and private property owners often
sought to remedy their shoreline erosion problems through construction
of groins, jetties, breakwaters and other such structures, many times-W
with inadequate understanding of the potential effectiveness or
results. Frequently such well-intended efforts not only proved futile
but actually induced or accelerated undesirable shoreline changes. In
response to this situation, Chapter 161.041, F.S. now provides that no
erosion control structure shall be installed, constructed, operated,
maintained, expanded or modified without a valid permit from the
Department of Natural Resources. implementation of this authority
provides for improved effectiveness of local and private erosion
mitigation efforts and greatly reduces the potential for inducing
harmful shoreline changes.

Coastal Construction Setback and Control Lines

improper beachfront construction practices have been one of the
primary causes of beach erosion in Florida. Destruction of dune
vegetation, construction of vertical seawalls, and other such modi-
fications of shorefront areas along the beach often interfere with
natural shoreline dynamicas, and in turn trigger erosion of the beach
itself. To address this problem as well as to aid in reducing hazards
to beachfront development, new beachfront construction now is subject
to state regulation under Chapters 161.052 and 161.053, F.S., as well
as Chapter 16B-33F F.A.C. The Department of Natural Resources, after
comprehensive engineering studies and public hearings, may establish
construction control lines along the sandy beaches on a county by

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county basis. Subsequently, no development may take place seaward of
the established lines without specific state approval. (See Part 11,
* ~Section II.B.)

Criteria for Establishment

Provisions of Chapter 161, F.S. pertaining to coastal construc-
tion control lines apply only to those open sandy beaches fronting on
the Gulf of Mexico or Atlantic Ocean. The setback requirements do not
apply to mangrove, marsh or other types of coastal shorefront areas or
to the shorefronts of inland waters. Pending formal establishment of
individual county control lines, Chapter 161, F.S. establishes an
automatic setback line of 50 feet from the line of mean high water.
Subsequent specific location of coastal construction control lines is
based upon detailed engineering studies which consider a variety of
factors, including:

1. Ground elevation in relation to historical storm and hurricane
tides;

2. Predicted maximum wave uprush;

3. Beach and offshore ground profiles;

4. The vegetation line;

5. Erosion trends;

O ~6. The dune or bluff line; and

7. Existing upland development.

Process for Establishment

There are seven basic steps to establish coastal construction
control lines: 1) a study is made of a county's shoreline; 2) the
need for a line in that county is determined; 3) a location for the
line is proposed; 4) public hearings are held on the proposed control
location; 5) the proposed location of the line is restudied, with
possible changes being made; 6) the recommended control line is
submitted to the Governor and Cabinet for approval; and 7) a
description of the approved control line is recorded in all affected
localities and with the clerk of the circuit court in the county.

Control lines are subject to state review at five year intervals
from the time of establishment or upon written request of affected
counties or municipalities. As of June, 1980, control lines have been
established and recorded for 22 of the 24 counties involved. These
control lines were established as a result of comprehensive engi-
neering studies, a topographic survey and the required public hearings.
While these lines do vary throughout the state, they are generally one
hundred to one hundred and fifty feet landward of the mean high water
line. In all cases, the control lines were established at least fifty

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idward of the mean high water line. Three areas of the
Broward County, Dade County, and portions of Franklin County-
have adopted control lines. In these areas, the interim
oat setback from mean high water is the controlling line of
jurisdiction.

Erosion Control Trust Fund

In order to provide reliable and efficient funding to carry out
the state responsibilities in a comprehensive, long-range statewide
plan for erosion control, beach preservation, and hurricane protec-
tion, Chapter 161.091, F.S., creates an account in the state treasury
known as the "Erosion Control Trust Fund Account". Funds from this
account are disbursed by the Department of Natural Resources to carry
out shoreline erosion planning and mitigation programs.

Proposed projects which anticipate receipt of federal funds
usually are incorporated into the state public works program through a
interagency screening process. Priority projects resulting from this
selection process, as well as non-federally funded projects, are
subject to final state approval under provisions of Chapter 161, F.S.

Selection Criteria

in order to qualify for funding, projects must meet the following
general criteria: 1) the area must be one where severe beach erosion
has occurred; 2) the status of the area should be such that if a
publicly financed program of beach nourishment or restoration would no
be undertaken, the beach would be destroyed in the near future; and 3)W
the project must include provisions for adequate public access to
and/or use of the area. Additionally, project sponsors must meet
specific requirements, including provision of:

1. Permanent public access to the project area at approximately 1/2
mile intervals;

2. Adequate vehicular parking;

3. All necessary lands, right-of-ways or easements;

4. Assurances of continued public use and/or ownership of the area;
and

5. An environmental assessment, and when required, an environmental
impact statement.

Funding Approval Process.

Beach nourishment and restoration projects which receive approval
f or state funding will be designated as wAreas f or Preservation and
Restoration' under the Coastal Management Program. The general proces.
f or approval is:

1. An application is submitted to DNR by the local sponsor with the
following information:

a. a resolution declaring the public need and description of the
project;

b. a legal survey with appropriate information, including the
delineation of the coastal construction setback line;

C. the initial construction costs of the project;

d. the state funds requested;

e. ownership data, including information on the erosion control
line (which determines those lands of state sovereignty);

f. the environmental report; and

g. the complete project proposal including all plans and
specifications.
2. The application is processed by DNR to determine if it meets all
requirements;

3. if acceptable, the application is submitted, along with the
recommendations of the Executive Director of DNR, to the Governor
and Cabinet (sitting as the head of DNR);

4. Within ten days after the Governor and Cabinet takes action, the
applicant is notified; and

S. Allocated funds for the approved project are then disbursed.

Funds from the erosion control account may be utilized to pay up
to 75 percent of the non-federal construction costs of most erosion
control projects, with local government being responsible for pro-
viding the remaining 25 percent. On certain specified types of non-
federal projects and under certain conditions, the Department of
Natural Resources is authorized to pay the entire project cost.
Specific information on the use and allocation of Erosion Control
Trust Fund monies is contained in Chapter 161.091, F.S.

Continuing Program Refinement and Implementation

implementation of Florida's programs for shoreline erosion/
mitigation planning has created an awareness of the need for con-
tinuing research, policy review and program refinement. As a result,
continuing coastal research is conducted by federal and state agencies
as well as several state universities. in addition, periodic revision
of administrative rules is conducted to reflect additional knowledge
and changing conditions.

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K. PROGRAM COORDINATION AND PUBLIC INVOLVEMENT

Congress, in enacting the Coastal Zone Management Act, envisioned
a state-level planning and management program that, through coordi-
nation and participation, would involve all interested governmental
agencies and the public in the planning and management process. These
excerpts clearly demonstrate the intent of Congress:

The Congress finds and declares that it is the national policy
00(d) to encourage the participation of the public, of Federal,
state, and local governments, and of regional agencies in the
development of coastal zone management programs. (Section 303,
CZMA)

Coordination with governmental agencies having interests and
responsibilities affecting the coastal zone, and involvement of
interest groups as well as the general public are essential
elements in the development and administration of a coastal
management program. (15 CFR, Part 923.50)

The strong federal coordination and public involvement require-
ments are reinforced by Florida legislation. Chapter 370.0211, F.S.,
which preceded the federal Act by some two years, provided for "... a
coordinated effort of interested federal, state, and local agencies
of government...' and for public dissemination of coastal zone
information. In 1977, the Florida Legislature again emphasized
coordination by stating I... management of the state's coastal zone
will require a highly coordinated effort among state, regional, and
local officials and agencies" (Ch. 23.0114, F.S.). This legislation
also declared that participation by Florida citizens should be an
important factor in the coastal planning process.

The program coordination and public involvement effort to date has
been a significant consideration in the development of the Florida
Coastal Management Program. A summary of the progress made is provided
in the discussions that follow.

PROGRAM COORDINATION

There are five major reasons for intergovernmental coordination in
the coastal management program.

1. To identify interested and affected governmental entities, to
inform them of the progress of the Coastal Management Program, and
to solicit and respond to their comments on proposed program
elements;

2. To identify spe cific programmatic responsibilities of govern-
mental agencies within Florida's coastal zone;

3. To evaluate governmental authorities that could be used to best
achieve the purposes of coastal management;

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4. To propose how governmental authorities could best work togethe
to implement of a coastal management program; and

5. To identify governmental sources of information and technical d,
useful to Florida's coastal planning and management program and
obtain, where possible, this information and data.

Coordination has been achieved at all levels of government.
A summary of the effort at the various levels is provided in the
material that follows:

STATE LEVEL COORDINATION

The CZMA and its implementing regulations places the major
responsibility to achieve sound coastal management squarely upon the
shoulders of state government using one or more of three management
techniques. The FCMP relies largely on state agencies for implemen-
tation, therefore, the establishment and maintenance of state agency
coordination has been and remains, of highest priority.

The coordination relationships with state agencies began in 1971
when a letter from the Chairman of the Coastal Coordinating Council w
sent to each state agency that was involved in coastal zone activitie
asking that they name a liaison person for coastal zone planning.
Communication with the persons designated was established on a
one-on-one basis.

The State Interagency Advisory Committee on Coastal Zone
Management (IAC) was established in 1975 as a more formal means of
securing state agency input into the coastal management planning
process. The Committee, made up of representatives from all affected
state agencies, initiated its work in October, 1975. It has provided
a great deal of assistance to the coastal planning effort, especially
in the area of policy development. The Committee also reviewed, and
discussed at length, other elements of the proposed program such as
boundaries, geographic areas of particular concern, and program
implementation alternatives.

In addition to the IAC, Governor Graham in October of 1979,
established the Interagency Management Committee (IMC) which consists
of the heads of agencies involved in the implementation of the state
coastal management program. In designating the Committee, Governor
Graham directed it to meet at least quarterly, and charged it with the
prime responsibility to identify problems and to develop better means
of resolving conflicts and inconsistencies in the implementation of tlt
laws and funding programs under the purview of the member agencies.
Staff of the Office of Coastal Management (DER) and staff of the IAC
member agencies were directed to provide administrative support to the
IMC.

Other state-level coordination activities include the following:

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F - ~~~Prior to 1975, participation in permit meetings of the
Trustees of the Internal Improvement Trust Fund and the
Department of Pollution Control for projects proposed within
the coastal zone;

-Participation in the A-95 Clearinghouse review process and
weekly A-95 Clearinghouse meetings;

-Participation on the Interagency Planning Committee for
Environmentally Endangered Lands;

-Participation on the Interagency Committee for State
Wilderness Areas;

-Review of coastal management projects of other state
agencies;

-Provision of information and technical data assistance,
upon request, to various state agencies and legislative
committees;

-Participation on advisory committees and provision of review
and comment on draft elements of the State Comprehensive
Plan;

- - Cooperation with the Division of State Planning and the
Department of Veteran and Community Affairs in providing
planning assistance relevant to the Local Government
0 ~~~Comprehensive Planning Act; and
-Providing of information and data to the Governor's Task
Force on Coastal Zone Management (1976), the select
Subcommittee on Coastal Zone Management of the House
Government Operations Committee (1977), and the Governor'gs
Resource Management Task Force (October, 1979) related to
the management of coastal resources.

Additional linkages necessary to effectively manage the state's
coastal resources are discussed in Part II, Section II.D. of this
document. Informal coordination with interested and affected agencies
will continue through one-on-one communication, the functions of the
IAC, and on a more formal basis through the activities of the IMC
procedures set forth in memoranda of understanding.

REGIONAL AGENCY COORDINATION

Coordination and interaction with regional entities, especially
Regional Planning Councils, has been an important activity of the
state coastal planning effort. As extensions of local government,
the coastal Regional Planning Councils (RPC's) serve as sources of
professional planning expertise and provide a direct link to local
governmental bodies.

11-360d

Beginning in October 1974, contracts were initiated with the RPC".,
within the coastal zone. Since that time, the RPC's have been involve(
continually in coastal planning activities, including:W

1. Establishment of regional Coastal Zone Management Citizens Advi-
sory Committees (CAC's). Each RPC was obligated to establish a
citizens advisory committee representing the various coastal
interests within their region (a discussion of the work of the
CAC's and further information concerning their make-up is include(
in the section on citizen involvement);

2. Collection and analysis of baseline coastal management data.
During the first two contract years, the RPC's collected and
analyzed a great deal of coastal baseline data. Working in
partnership with the then Bureau of Coastal Zone Planning, the
regions gathered information regarding population, economics,
support services, land use, land ownership, legal structure,
deepwater ports, and onshore impacts of offshore oil exploration
and exploitation. This data has been beneficial to the 0CM and
the RPC's, as well as to units of local government;

3. Local government assistance. One of the benefits derived
from RPC involvement in the coastal planning program has been
the development of regional coastal management expertise.
Contractual arrangements between the Department and the RPC's
strongly encourage the regions to use this expertise to assist
local governments with coastal management problems. This
expertise also is of benefit to other regional programs, such
as DRI and A-95 reviews of projects in the coastal region;W

4. Response and comment to elements of the proposed coastal manage-
ment program. RPC members, representing local governments, and
staff have been asked to comment on proposed elements of the
coastal management program, providing assistance in the develop-
ment of the program; and

5. Public information programs. One of the tasks undertaken by the
RPC's has been to conduct public information programs on coastal
management. These have included countywide public meetings,
workshops, presentations to county commissions, and presentations
to private interest groups and citizens organizations. During thE
last half of 1977, the RPC's assisted with developing and
publicizing the regional workshops held by DER.

All-of the RPC's have specific program activities which have been
recognized and incorporated into Florida's Coastal Management Program.
Some of the activities that bear directly an coastal management
include: DRI review and comment; local government planning assistance
and review; and regional A-95 Clearinghouse coordination and review.
Discussign on the role of RPC's in implementation of the Florida
Coastal Management Program is included in Part II, Section II.D. of
this document.

11-361

Other regional governmental entities with management responsi-
. ~bilities and authorities within coastal regions, such as the Water
Management Districts, must be incorporated into a coordinated coastal
management program. Coordination with the Water Management Districts
has been initiated, but the interaction will need to be increased
if the important water resource management authorities are to be
effective.

LOCAL GOVERNMENT COORDINATION

~Florida's local governments exercise a number of resource
management authorities (except in areas specifically preempted by
state statute). Additionally, the Local Government Comprehensive
Planning Act provides local governments with the opportunity to become
actively involved in coastal resource management. County and municipal
governments often are in the best position to judge local resource
management goals and objectives, and it is anticipated that the coastal
protection elements developed as part of local comprehensive plans will
reflect the environmental and economic needs of the local citizenry.

Because of the large number of local governments and because the
coastal planning staff has been small, it has not been possible to work
with all local governments on a direct and regular basis. The Office
of Coastal Management has, however, made direct contact with a great
many county commissions and city councils. These have been made
through coastal management presentations, provision of technical data
and special planning assistance, and through the organizations repre-
. ~senting city and county government (Florida League of Cities, Florida
Association of County Commissioners). A current list of special
assistance funding provided to regional/local government is included on
page 11-387 of this section.

Regional Planning Council staff members have kept local govern-
ments informed on the progress of the coastal management program as a
part of their contractual responsibilities with the Department. A
number of regions have established Technical Advisory Committees for
Coastal Zone Management made up of staff members from city and county
planning departments. These committees have provided the office of
Coastal Management and the RPC's with assistance since 1975. Another
part of the RPC contractual agreements has involved dissemination of
coastal planning materials to local government. As an example, RPC's
in 1977, were requested to provide all local governments within their
region with copies of the Florida Coastal Management Program Workshop
Draft. Comments on the material presented in the workshop draft were
received from a great many local governmental officials, and the
comments assisted DER in the revision of the program in preparation for
submission to the 1978. Legislature.

Other local governmental and quasi-governmental bodies, such as
port authorities, must also be integrated into the overall coastal
management process. The Bureau of Coastal Zone Planning initiated
contacts with the governing bodies and staff members of all of Flor-
ida's deepwater ports in 1976. Regular communication with the port

11-362

authorities has been maintained since that time. The important role
ports and other similar facilities play in maintaining Florida's
economic well-being is well recognized and it was felt essential that
they be provided an opportunity for full participation in the plannin
process.

FEDERAL AGENCY COORDINATION

The federal CZMA and regulations (Section 306(c)(1); Section
307(b); CFR 15923.51), formally established the requirement for
federal/state interaction during both the development (Section 305)
and the implementation (Section 306) of a state's coastal management
program. The Congressional call for substantive federal participation
in the development of a state's program was preceded in Florida by th,
coordination provisions of Chapter 370.0211, F.S.

During the period between 1971 and the initial participation in
the federal coastal zone program in 1974, coordination was conducted
with some twenty-three federal.. agencies. Copies of all publications
generated by the coastal planning program were sent to Congressional
and federal agency contacts for review and comment.

in October 1974, Florida's coastal planning program began formal
participation in the federal program. Involvement in this federal
program brought not only additional funds for coastal planning but son
specific coordination requirements as well.

The federal rules and regulations promulgated pursuant to the CZXs
specify four elements that necessarily involve extensive state/federal
interaction. They address:W

1. "excluded federal lands' and the consistency of federal actions
within these areas relative to an approved coastal management
program;

2. "federal consistency" relative to permitting and funding
activities of federal agencies;

3. consideration of the *national interest' in facilities siting
when the impact is of greater than local concern; and

4. strengthened coordinating mechanisms for state/federal consulta-
tion in areas of key mutual concerns such as air and water
quality, endangered species (critical habitat), wetlands, and
the hurricane flood zone.

The subjects of excluded federal lands, federal consistency, and
national interest in the siting of energy facilities, are discussed in
other sections of this Document. The Department of Environmental
Regulation has been working with federal agencies to develop coordi-
natng mechanisms for state/federal coordination in areas of mutual
concern. The effort will be continued and expanded and coastal
management considerations will be added to the factors included in any

11-363

coordinating agreements. The agreements between DER and EPA and the
joint permitting procedure that was developed with the U.S. Army Corps
* ~of Engineers are examples of coordination efforts within DER.

Many federal agencies conduct their activities in concert with
or through one or more state agencies (i.e. U.S. DOT/Fla. DOT).
Therefore, the coordination of federal and state agencies and programs
is essential to the success of the state coastal management program.
Specifically, coordination has been established between state agencies,
the O.C.Z.M., and the Heritage Conservation and Recreation Service to
address coastal issues involving cultural and recreational concerns
(see page 11-398 of this section). The Suwannee River is included in
the National Wild and Scenic Rivers System and the Loxahatchee and
Myakka Rivers have been designated as study rivers under the National
Wild and Scenic Rivers Act. In addition, thirty Florida rivers have
been listed in the Nationwide Rivers Inventory by the Heritage
Conservation and Recreation Service. The Nationwide Rivers Inventory
is a preliminary screening process conducted by the Heritage
Conservation and Recreation Service to identify future additions
to the National Wild and Scenic Rivers System. Because of the special
consideration which must be given to these rivers, the Florida Coastal
Management Program will consult with agencies involved with the
National Wild and Scenic Rivers System prior to undertaking actions
which may affect rivers designated for protection or undergoing review
for future designation.

The location and utilization of data and information has
. ~been a continuous process since the initiation of coastal planning in
Florida. Data provided by the U.S. Geological Survey and the U.S.
Department of Agriculture's Soil Conservation Service has been of
considerable assistance in the development of the coastal management
data base.

Since 1974, liaison has been established with approximately 100
federal agency contacts in some 30 federal agencies. These federal
agencies have been asked to provide information necessary to list the
federally controlled lands that are to be excluded from the coastal
region and to provide to the Office of Coastal Management their con-
cerns over "national interest' considerations. All materials prepared
by the Office for distribution have been sent to federal agency
contacts for review and comment. Forty-two letters of comment were
received from federal agencies in response to the workshop draft of the
proposed program. Federal comments have been accommodated where
possible in the revision process.

Presentations on the emerging coastal management program have been
made to the Federal Regional Council (southeast region), to the U.S.
Department of Agriculture Soil Conservation Service (Florida staff),
and to the staff of the U.S. Army Corps of Engineers, Jacksonville
District, and to other federal agency groups. The coastal planning
staff has worked with federal officials on a one-on-one basis in
reviewing specific projects or plans.

TI-364

In summation, state/federal coordination in Florida's Coastal
Management Program has been continuing since 1971. Such coordination
and interaction is not only a legal requirement, but a practical*
requirement that must be relied upon throughout both program develop-W
ment and implementation if Florida is to have an effective coastal
resource management program.

COORDINATION OF THE FLORIDA COASTAL MANAGEMENT PROGRAM WITH OTHER
P LAN S

since the inception of the Florida Coastal Management Program, th
staff has coordinated the program with local, regional, and state
agencies as required under Section 306(c)(2)(A) and 15 CFR 923.56 of
the federal CZM4A and regulations. Coordination has included (1) revie
and comment on plans developed by other agencies, (2) providing coasta
program documents to other agencies for review and comment, and (3)
incorporating portions of other plans into the state program.

LOCAL GOVERNMENT PLANS

Florida law requires each local government to develop and imple-
ment a comprehensive plan. It also requires that each local agency
submit these plans to state agencies for review. The DER, through the
Office of Intergovernmental Coordination, has reviewed and commented 0:
these plans as they have been submitted.

in addition to reviewing local plans, the Department has sent its
coastal management program documents to coastal communities, as well as
regional planning councils and state agencies, for review and comment.V

REGIONAL PLANNING AGENCY PLANS

The Department has either assisted or reviewed plans developed by
the state's eleven regional planning councils. Five of the regional
planning councils are designated 208 agencies whose planning activities
have received financial assistance from the Department. In addition, a
number of councils used coastal management funds to develop and adopt
their coastal policy plans. While councils had previously approached
comprehensive planning individually, each council now must adopt a
comprehensive policy plan in accordance with Chapter 160, F.S.
Therefore, future coordination efforts between the councils and the
Department will be essential to ensure compatibility between state and
regional efforts.

STATE AGENCY PLANS

During the development of the coastal management program, the
Department has coordinated the program with many agencies, including:

1. The Department of Natural Resources (DNR) - The Department of
Environmental Regulation (DER) has participated in the development
of the DNR State Lands Management Plan and the State Comprehensive
Outdoor Recreation Plan. Both plans were used in the development
of the coastal management program.

II-365

2. The Department of Veteran and Community Affairs (DCA) - The DER
participated in the development of the State Comprehensive Plan.
The Department is also a member of the DVCA's "1701"1 Technical
Advisory Committee.

3. The Department of Transportation - The DER reviews and comments on
the siting and designing of major roads located throughout the
state.

4. The Department of State - This agency provided the DER with much
of the information utilized in preparing sections of the document
related to archaeological and historical sites.

5. Other DER Programs - Many other important state plans have been,
or are being prepared by the Department of Environmental Regu-
lation. The coastal management program staff has worked with the
Department in reviewing "201" facilities plans, "208" water
quality management plans, and the State Water Use Plan.

In addition to these state agencies, the Department has also
coordinated its program development activities with both the Gulf of
Mexico and South Atlantic Fishery Management Councils and the Coastal
Plains Regional Commission.

CITIZEN INVOLVEMENT

one of the requirements of the CZMA (Section 306(c)(1); Section
306(c)(3) and 15 CFR 923.58) and of Florida'-s 1970 coastal planning
* ~legislation was to provide a clearing service for coastal zone matters
by collecting, processing, and disseminating pertinent information and
promoting public involvement. In response to this legislative
directive, public information programs and efforts to involve the
public in Florida's coastal planning program were initiated shortly
after the program was established. An expanded public participation
program was initiated in 1974 to fulfill the extensive public
involvement requirements of the federal CZMA. The public involvement
effort was expanded and accelerated in 1977 following passage of
Chapter 77-306, Laws of Florida, which re-emphasized the need for
substantial public participation.

PUBLIC INFORMATION AND INFORMAL PUBLIC PARTICIPATION

Beginning in November, 1970, a monthly newsletter was published
that provided information on coastal planning and management activities
in the state, in other states, and at the federal level. The first
issue of the newsletter solicited reader response to the material and
asked for ideas and comments on coastal planning activities. Requests
for response from readers were continued throughout the life of the
newsletter.

using both the newsletter and direct mailings to individuals
and organizations, public input was requested on a number of specific
subjects, including a request for suggestions on estuarine areas
* ~suitable for nomination as estuaring sanctuaries; a request for

II-366

suggested 'unique environmental features" for inclusion on the coastal
zone maps; a questionnaire sent to more than 500 citizens of Monroe
County covering coastal management problems in the Florida Keys; a
request for comments and suggestions on a policy for residential canalW
development; and a request for a response to the nomination of Rookery
Bay as an estuarine sanctuary. Excellent response was received on all
of these requests.

Presentations on the planning methodology and other aspects of
the coastal planning program were initiated by the coastal planning
staff in 1971. Every presentation made emphasized the point that
suggestions and recommendations would be welcomed and considered in th,
development of the coastal management program. Since the inception of
the coastal planning effort, well over 300 presentations have been mad,
to a variety of audiences including conservation groups, real estate
appraisers and developers, petroleum and power plant interest groups,
chambers of commerce, planning associations, and local government
agencies.

More than 25 publications have been published and distributed by
the coastal planning agency in the last seven years. These with few
exceptions, were distributed free of charge upon request. Private,
for-profit organizations were charged on a cost basis for copies of th(
Atlas. All of the materials have been placed in public and university
libraries for referral and use by citizens of Florida. Some of the
publications which have received a great deal of comment and response
are listed below, accompanied by the number of copies that have been
distributed: I
-Coastal Zone Management in Florida - 1971 (and subsequent
annual reports). 5000 copies of each report.

-Florida Coastal Zone Management Atlas (1972). 750 copies.

-Recommendations for Development Activities in Florida's
Coastal Zone (1973). 5000 copies.

-Florida Keys Coastal Zone Management Study (1974).
500 copies.

-Florida Regional Coastal Zone Management Atlas (9 volumes) and
accompanying textual material (1976). 2400 regional volumes
have been distributed.

-Florida Coastal Zone Management Program (Section 305):
Status Report to the Governor and Cabinet (Jan. 1977).
1500 copies.

-Florida Coastal Zone Management Program: What, Why, How, Who
(July 1977 brochure). 100,000 copies.

-Florida Coastal Management Program: Workshop Draft
(Nov. 1977). 7000 copies.

11-367

- Florida Coastal Management Program: Legislative Draft
(March 1978). 7000 copies.

- Florida Coastal Management Program: Threshold Draft
(October, 1978). 400 copies.

- Coastal Management Issue Scoping Paper (August, 1979).
300 copies.

A form letter asking for comments and/or questions on the material in
the publication often was included as part of the mail-out. Public
response has provided assistance to the planning effort. This section
contains a bibliography of all publications issued during the devel-
opment of the FCMP.

THE FORMAL PUBLIC PARTICIPATION PROGRAM

In 1974, following receipt of the first federal grant, part of
the public involvement effort became more formalized. Each regional
planning council participating in the program was asked to establish a
Citizens Advisory Committee for Coastal Management (CAC) made up of
representatives from (at a minimum) the following interest groups:

Commercial/sport fishing
Tourism and motel/hotel interests
Construction/home building
Conservation organizations
Science/education
Industry
.0 ~~Business/commerce
City and county government
General public

The CAC's began meeting on a regular basis early in 1975 and have
been actively involved in the planning process up until recently when
funding limitations and work on the program document resulted in less
activity. In some regions, county CAC's were established in addition
to the regional group. The CAC's provided assistance to the developing
coastal management program by reviewing and commenting on proposed
program elements and by developing coastal management policies which
reflected the needs of the regions. Well over 800 people have been
involved in this portion of the citizen participation effort.

The CAC's will be reestablished later this year and will play an
important role through refinement and support of regional policies in
the implementation of the Florida Coastal Management Program. This
section contains material indicating the make-up of the regional CAC's
and a record of their meetings.

Regional Planning Council members and staff have, in addition to
establishing and providing support to the CAC's assisted in the public
information/participation effort by publicizing coastal management

11-368

materials in their newsletters and annual reports; encouraging media
coverage of CAC meetings and coastal planning developments; respondii
to requests for coastal management information; and assisting to Is
arrange and publicize the regional public workshops in December, 197'
Financial support for these tasks was provided by CZMA funds passed
through to the RPC's by the Bureau of Coastal Zone Planning.

A statewide citizens advisory committee also was established in
the fall of 1977. This committee, appointed by the Secretary of DER,
assisted the Department in developing a program that would represent
the concerns of all affected interest groups. It reviewed in detail
major issues such as the program boundaries, policies, and implemen-
tation authorities and has proven to be an excellent source of commen
and suggestions for revisions to elements of the program. The state
CAC will also be reestablished later this year.

Following the publication of the Florida Coastal Management
Program Workshop Draft, twelve regional workshops were held during
December, 1977. These workshops were widely advertised, and more tha
1200 interested citizens participated. Many valuable comments and
suggestions were received at the workshops and well over 250 letters
were received following the workshops. All of the comments were
considered in the revisions made to the proposed program previous to
submission of the Legislative Draft.

Finally, the submission of the Legislative Draft and proposed
implementing legislation to the Florida Legislature in 1978 led to
extensive public discussion, formal legislative hearings and debate.
The Florida Coastal Management Act of 1978 was a compromise billW
resulting from those discussions.

SUMMARY

As this material indicates, the public's right to know about and
participate in the planning process has been a major consideration
since the beginning of coastal planning in Florida. Based on the
assumption that an informed public will be a concerned public, a great
deal of time and money has been expended to provide information on the
developing program to the citizens of the state and to actively solici
their input. The program as presented in this proposed draft continue
public involvement through the solicitation of comments on the draft
material.

CONTINUING CONSULTATION

The success of the Florida Coastal Management Program will depend
heavily upon the ability of the State and the Department to address
coastal issues. Proper response to coastal issues will require a
working consultation program. While the federal regulations on program
consultation (15 CPR 923.57) primarily concern consultation with local
governments, an effective coastal management program must have ongoing
consultation with local, regional, state and federal agencies as well
as the citizens of the State.

11-369

Florida's approach to consultation will be to rely on existing
coordination programs and to utilize the new processes in the coastal
* ~management program as a catalyst to augment the existing Programs and
to develop new processes where necessary. The specific methods for
program consultation include the following:

1. The Interagency Management Committee (IMC) is the principal agent
to ensure continuing consultation between state agencies. The
IMC will meet regularly to address coastal issues. In addition,
consultation on the state level will be enhanced by regular
meetings of the Interagency Advisory Committee.

2. The Department will use the federal consistency process as a new
consultation mechanism between state and federal agencies. This
process requires decisions regarding federal projects, licenses
and permits to be consistent with the state's coastal management
program. The Department will use this process to foster improved
coordination between state and federal agencies. In addition to
federal consistency, the State will continue to utilize existing
joint consultation and coordiantion procedures including those for
dredge and fill permitting, protection of endangered species,
civil works projects, erosion control projects, highway projects,
and archaeological and historic sites.

3. The Department will follow the provisions of Chapter 120, F.S.
to ensure that its rulemaking activities are given adequate
public notice. See Part II, Section II.E(4) for a discussion
of Chapter 120.

O ~4. The Department will continue to review all major federal, state
and regional projects through existing state clearinghouse and
A-95 review procedures.

5. The Citizens Coastal Advisory Committee will include represen-
tatives of local government, regional agencies and public and
private interest groups. This Committee will assist the Depart-
ment as it implements the coastal management program and will
ensure continued consultation between the Department, local and
regional agencies, and relevant interest groups.

6. The Department will continue to review local government plans
developed under the Local Government Comprehensive Planning Act.
While many local plans already have been completed and reviewed,
they also must be reviewed and reassessed at least once every five
years. These reassessments must be sent to both the local
governing body and to the state land planning agency.

11-370

IINATION AND PUBLIC INVOLVEMENT:
materials in W o
coverage of M6 >ATTACHMENTS
coverage of ( ~
to requestski .t
arrange ar o GP
Financia' W 0 r
throughb V e
etr t g NAGEMENT COMMITTEE II-383

the o ATTENDANCE II-384
a?
_ ADVISORY COMMITTEE ON II-385
--m MANAGEMENT

- DATES AND AGENCY ATTENDANCE II-386

C. REGIONAL/LOCAL ASSISTANCE EFFORTS II-387

D. REGIONAL CITIZENS ADVISORY COMMITTEES II-390
ON COASTAL ZONE MANAGEMENT: MAKE-UP
OF COMMITTEES; COUNTY DISTRIBUTION;
AND NUMBER OF MEETINGS

=
E. FEDERAL COASTAL MANAGEMENT CONTACTS II-395

F. COORDINATION OF COASTAL MANAGEMENT II-398
AND HERITAGE CONSERVATION AND RECREATION
SERVICE PROGRAMS

G. BIBLIOGRAPHY OF PROGRAM PUBLICATIONS II-400

II-371

f ~~~~~STATE INTERAGENCY MANAGEMENT COMMITTEE

DEPARTMENT OF AGRICULTURE OFFICE OF THE GOVERNOR
AND CONSUMER SERVICES
- Director of Planning
-Division of Forestry and Budgeting

DEPARTMENT OF COMMERCE DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
- Secretary
-Secretary

DEPARTMENT OF COMMUNITY
AFFAIRS DEPARTMENT OF NATURAL
RESOURCES
' Secretary
-Executive Director

DEPARTMENT OF ENVIRONMENTAL
REGULATION DEPARTMENT OF STATE

-Secretary -Division of Archives,
History and Records
Management
O GAME AND FRESHWATER FISH
COMMISSION
DEPARTMENT OF TRANSPORTATION
-Executive Director
-Secretary

11-372

STATE INTERAGENCY MANAGEMENT COMMITTEE: DATES AND AGENCY ATTENDANCE

0~~~~~~~~~~~~~~~~ a)4

0 -A 0 >~~0 0 .a-4 0 0 0 0
4J~~~ 0 0 0) .0
z~~~~~~~r 0) V4 o 4-4Ca - ~4i V40.3.0 -
0-43 4440 4..4. 4-4 00 0.Ct-C 4-i - 441
O.-40~~ 0 0 0a-40 O0- g4Z4C 0 "-Ia 1- 0- 00

DATES i u 0U nU ~ F d 04 Q9 MI 3 nF

3/11/80 ~~ ~~+ + + + + + + + + +

12/3/79 + + + + + + + +

12/8/80 ~~~~+ + + + + + + + + +

STATE INTERAGENCY ADVISORY COMMITTEE
ON COASTAL ZONE MANAGEMENT

DEPARTMENT OF AGRICULTURE LEGISLATURE
AND CONSUMER SERVICES
- House of Representatives
- Division of Forestry Natural Resources
Committee
- Soil and Water
Conservation
DEPARTMENT OF NATURAL
RESOURCES
DEPARTMENT OF COMMERCE
- Division of State Lands
- Division of Economic
Development - Division of marine Resources

- Division of Resource
DEPARTMENT OF COMMUNITY Management
AFFAIRS

-Bureau of Disaster DEPARTMENT OF STATE
Preparedness
- Division of Archives,
-Division of Local History, and Records
Resource Management Management

GAME AND FRESHWATER FISH STATE UNIVERSITY SYSTEM
COMMISSION
- Institute of Oceanography
- Environmental
Protection Section - Institute of Food and
Agricultural Sciences
(University of Florida)
OFFICE OF THE GOVERNOR

- Energy office DEPARTMENT OF TRANSPORTATION

-Division of Planning
DEPARTMENT OF HEALTH AND and Budgeting
REHABILITATIVE SERVICES

- office of Entomology

- Environmental Health
Program

- Office of Licensure
and Certification I

11-374

STATE INTERAGENCY ADVISORY COMMITTEE FOR COA.STAL ZONE MANAGEMENT: DATES AND AGENCY ATTENDANCE

0
'-4 14 03 ~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~4i >40 0
VU~~~~~~~ ~~~~~~~~~~~~~~~~ 0, C.
14~~~ ~~ ~I On IV P-. 01 .0 Ow -.. V
049 4 4' I V 1 4I 1 m ~c )O=
z In w la 0 > 4U r_ Q. x
w) 4 1 14 >. "fI I V C0 *w-'0
444 4w 14 44'- 444 4 .3 A 4.443 441*-0 do40 W441 WJ* Ai -I 4 4- 4 0 Ai L
u OC) 0~~~~~~~ 0C~4j 01 '4-4 0.0 0-0 0 01 44 W441 t-o 0 M 04
4J 43 -A ~ ~ .0 *M 4. .C4 00J >) 3.. 4.-4 4
MEETING 40 4.6a M~4 4i -.4 4J- 49.1 f- 0W 4 49'.0 .wf JJ
DATES 0. a oV r A i00k 1 ld
~~ A "I x a A 9 c 8 z 0101 0 v1~ >4 >0 0 0 '0

~10/8/79 + + ++ + + + +
2/19/78 + + + + + + + + +
1227

12/21/77 6 + + + + + + + +

11/16/76 + + + + + +

10/26/76 + + + + + + + + +

9/28/76 + + + ++ + + + + 4 +

8/24/76 + + + + 4 + + 4 + 4 +

7/16/76 + + + + + + + + + + +

5/25/76 +4 + + + +1 + + + + + -

4/27/76 + 4 4 + + + + 4 + + +

3/23/76 + . + + + I- + + + -

2/17/76 + + + + + + + + + +

1/20/76 +. + + + + + + +4 +

12/2/75 * + + + + + + + + + + +

-4 + + + + +I + 4 + + + + +

REGIONAL/LOCAL ASSISTANCE EFFORTS

@ 1971-72: pilot study of Escambia-Santa Rosa County area resulted in
three reports of direct application to local government
planning efforts (at no cost to local government):

(a) Escarosa: A Preliminary Study of Coastal Zone Manage-
ment Problems and Opportunities in Escambia and Santa
Rosa Counties, Florida;

(b) A Plan and Program for Amenities and Aesthetics in
the Escarosa Pilot Area; and

1972: Funded and guided a project to test the validity of the state
biophysical assessment techniques for regional planning
* ~~~purposes (Tampa Bay Region) resulting in a report which has
influenced the form and content of the regional plan:

A Preliminary Investigation of the Use of Natural Resources
in the Tampa Bay Region as a Basis for Future Developmental
Policy.
1972: Funded and provided guidance to City of Clearwater for
development of a local coastal zone management plan (the
first such plan in the U.S.).
0 1973: Fui~nded and guided a project with the South Florida
Regional Planning Council to assess the development suit-
ability of land in South Florida (including everything south
of Lake Okeechobee) resulting in a report and Maps:

An Assessment of the Development Suitability of Land in
South Florida.

1973: Provided direct technical assistance to development of the
Palm Beach County Land Use Plan.

1973: Provided direct technical assistance and coordination
services to the City of Titusville Shoreline Authority.

1974: Florida Igeys Coastal Zone Management Study: provided Monroe
County with practically all the necessary information to
develop a comprehensive plan for the Keys.

1974: Provided technical assistance to City of St. Petersburg
in assessing the suitability of the proposed "Gatewayu
projects.

11-376

1975: Provided technical assistance to Port of Panama City
to facilitate development of enlarged deepwater port
facilities.

1975: Provided funding to Monroe County to develop a Keys coastal
management program (contract cancelled for non-performance c
part of the County).

1975: Panacea Harbor Project - provided technical and coordination
assistance to make possible needed harbor improvements.
Efforts involved creation of an artificial marsh island in
Class II waters where spoil deposition would not normally be
permitted.

1976: Provided technical and legal assistance to Franklin County
regarding DRI reviews, local planning, and development of
subdivision regulations (focused on St. George Island).

1976: Demonstration Project with Duval County involving a heavy
industry site location study.

1976: Demonstration Project with Dade County involving the develop
ment of a shoreline management strategy for Biscayne Bay.

1976:- Development of the Florida Regional Coastal Zone Management
Atlas (9 volumes) in partnership with Regional Planning
Councils and local government.

1977: Provided technical assistance to Escambia County for
development of a management plan for Santa Rosa Island.

1978-79: See Attached (p. 11-378)

11-377

REGIONAL/LOCAL ASSISTANCE EFFORTS (CON'T.)

. ~AGENCY PROJECT/DESCRIPTION

suwannee River Water Suwannee River Estuarine
Management District Project - environmental
impact of consumptive
use withdrawals from
river

withiacoochee Regional Cedar Key Study - prepare
Planning Council comprehensive plan of
small waterfront community-
address hazards mitigation,
protection of marine
resources, historical
preservation

Southwest Florida Development of a regional
Regional Planning Council hurricane evacuation plan

Apalachee Regional Development of Land Use/
Planning Council Coastal Protection
Elements for Franklin
County

Sarasota Development of urban
waterfront plan

Indian River County Management Plan for
Spoil Islands

Metro-Dade Urban waterfront study -
North Biscayne Bay -
define use priorities/
design guidelines for
North Biscayne Say -
deve lop program to
improve physical/visual
access to Biscayne Bay

Florida Institute Endangered species -
of Technology protection of manatee
by local government

St. Augustine - Local government efforts
St. Johns County to protection of Class II
Shellfish Waters

Northwost Florida Preliminary Environmental
Waters ~1anagement District Assessment - Choctawhatchee.
Bay

11-378

REGIONAL CITIZENS ADVISORY COMMITTEES ON COASTAL ZONE MANAGEMENT

WEST FLORIDA REGION NORTHWEST FLORIDA REGION*

Interests Distribution Interests Distribution

Commercial/sport fishing 3 Commercial/sport fishing 2
Tourism/hotel/motel 1 Tourism/hotel/motel 1
Construction/home building 1 Construction/home building 1
Conservation organizations 4 Conservation organizations 2
Science/education 1 Science/education/planning 1
Industry 2 Industry 1
Business/commerce 1 Business/commerce 2
City/county government 8 City/county government 5
(including elected (including elected
officials) officials)
General public 10 General public 2
Military 1 Forestry/agriculture 3
Ports 1 Regional agencies 3

County Distribution County Distribution

Escambia 20 Walton 1
Santa Rosa 6 Bay TBA
Okaloosa 7 Gulf 2
Franklin 6
Wakulla 5
Jefferson 1
Number of Meetings Leon 4
(between 1/1/75 and Liberty 1
2/28/78): 20 Jackson 1
Gadsden 1
Calhoun 1

Number of Meetings: 2*

*Represents the CAC recently
established by the Apalachee
Regional Planning Council.
The previous CAC for this
region was established and
administered by the defunct
Northwest Florida Planning
and Advisory Council. That
CAC represented coastal
counties only and met
approximately 12 times between
1/1/75 and 12/30/76.

II-379

NORTH CENTRAL REGION WITHLACOOCHEE REGION

Interests Distribution Interests Distribution

Commercial/sport fishing 3 Commercial/sport fishing 3
Tourism/hotel/motel 1 Tourism/hotel/motel 2
Construction/home building 2 Construction/home building 2
Conservation organizations 1 Conservation organizations 2
Science/education 1 Science/education 2
Industry 1 Industry 1
Business/commerce 3 Business/commerce 1
City/county government 2 City/county government 1
(including elected (including elected
officials) officials)
General public 5
Agriculture/forestry 4

County Distribution County Distribution

Dixie 10 Hernando 5
Taylor 11 Citrus 5
Levy 4

Number of Meetings Number of Meetings
(between 1/1/75 and (between 1/1/75 and
2/28/78): 20 2/28/78): 20

II-380

TAMPA BAY REGION* SOUTHWEST FLORIDA REGION

Interests Distribution Interests Distribution

Commercial/sport fishing 3 Commercial/sport fishing
Tourism/motel/hotel 2 Tourism/motel/hotel
Construction/home building 3 Construction/home building
Conservation organizations 3 Conservation organizations
Science/education 4 Science/education
Industry 2 Industry
Business/commerce 3 Business/commerce
City/county government ** City/county government
General public 10 (including elected
officials)
General public

County Distribution County Distribution

Pasco 4 Charlotte 7
Pinellas 15 Sarasota 8
Hillsborough 8 Lee 8
Manatee 3 Collier 8
Glades 2
Hendry 2
Number of Meetings
(between 1/1/75 and
2/28/78): 25
Number of Meetings
(between 1/1/75 and
2/28/78): 24
*A CAC was established in
each of the four counties.
Interest distribution was
approximately the same as
the regional CAC. Each
county committee had
20-25 members.

**City and county interests
were represented by a
Technical Advisory Committee
made up of staff members
from city and county
planning departments who
advised the CAC. In the
case of Tampa Bay, all
CAC recommendations were
presented to the Regional
Planning Council which
acted on them. This also
provided city and county
representation.

II-381

SOUTH FLORIDA REGION TREASURE COAST REGION

Interests Distribution Interests Distribution

Commercial/sport fishing 5 Commercial/sport fishing 3
Tourism/hotel/motel 5 Tourism/hotel/motel 3
construction/home building 10 Construction/home building 8
Conservation organizations 25 Conservation organizations 3
Science/education 15 Science/education 7
Industry 10 Industry/business/commerce 9
Business/commerce 20 City/county government 6
City/county government 20 General public 6
(including elected
officials)
General public 72*
Military 3
Ports 5 County Distribution

Palm Beach 18
County Distribution Martin 9
St. Lucie 9
Monroe 10 Indian River 9
Dade 103
Broward 77

Number of Meetings Number of Meetings
(between 1/1/75 and since establishment in
2/28/78): 27 May, 1977: 10

*some may represent interest
groups, but OCM has no
interest group breakdown
for all members.

11-382

EAST CENTRAL FLORIDA REGION NORTHEAST FLORIDA REGION*

Interests Distribution Interests Distribution

Commercial/sport fishing 1 Commercial/sport fishing 2
Tourism/hotel/motel 1 Tourism/hotel/motel 2
Construction/home building 1 Construction/home building 4
Conservation organizations 2 Conservation organizations 3
Science/education 1 Science/education 4
Industry 1 Industry 2
Business/commerce 2 Business/commerce 2
City/county government 4 City/county government 4
(including elected (including elected
officials) officials)
General public 4 General public 2
Military 1
Forestry/agriculture 2

County Distribution County Distribution

Brevard 9 Duval 10
Volusia 8 Putnam 3
Nassau 7
Flagler 2
St. Johns 4
Clay 2

Number of Meetings Number of Meetings
(between 1/1/75 and (between 1/1/75 and
2/28/78): 22 2/28/78): 23

*Established and administered
by the Jacksonville Area
Planning Board.

11-383

FEDERAL COASTAL MANAGEMENT CONTACTS

. ~Numbers following agency indicate number of copies of materials
required to be sent.

U. S. DEPARTMENT OF AGRICULTURE

soil Conservation Service (Washington, D.C.): 2
Forest Service (Washington, D.C.): I
Forest Service (Regional): 6
S.E. Regional Representative: 2
State and Assistant State Conservationists (Fla.): 2
Florida Association of Soil and Water Conservation Districts:I

U. S. DEPARTMENT OF COMMERCE

office of Coastal Zone Management: 6
office of Habitat Protection (Washington, D.C.): 1
National Marine Fisheries Service - Panama City Lab:I
- S.E. Regional Office:I
Maritime Administration - Washington, D.C.: I
- Eastern Region: I
- Central Region: I
Economic Development Administration (Washington, D.C.):I
Economic Development Administration (Southeastern Region): 4
Secretarial Representative (Southeastern Region): 30
. ~South Atlantic Fishery Management Council: I
Gulf of Mexico Fishery Management Council: I

U. S. DEPARTMENT OF DEFENSE

Washington, D.C.: 2

ARMY

Corps of Engineers, Jacksonville District: I
Corps of Engineers, Mobile District: I
Natural Resources and Civil Works (Washington, D.C.): 2

NAVY

Intergovernmental Planning and Environmental Affairs (Washington,
D.C.): 2
Admiral and Commandant, Sixth Naval District (Charleston): 2
Engineering Command (Charleston): 3
Naval Coastal Systems Laboratory (Panama City): I

AIR FORCE

HQ-USAF/PREV (Washington, D.C.): I
Eastern Region HG-USAF (Atlanta): 3
Florida AP Bases: 6

11-384

U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development (Washington, D.C.): 1
CZM Coordinator (Atlanta): I
Planning and Relocation Branch (Jacksonville): I
Federal Insurance Administration - Flood Insurance (Atlanta):I

HEALTH; EDUCATION AND WELFARE

Planning Systems (Washington, D.C.): 2

U. S. DEPARTM4ENT OF THE INTERIOR

office of Policy Analysis (Washington, D.C.): 2
office of Secretary (Atlanta): 3
Fish and Wildlife Service - S.E. Regional Director: 3
- Panama City Branch: 3
U.S. Geological Survey - Eastern Division: 6
- Water Resources Division (Atlanta):
- District Supervisor: I
- Tallahassee District Office: 1
- RALI Program: I
- Oil, Gas, and Shale Resources (Washingtor
D.C.): I
- Office of Siting (Washington): I
- Resource Application (Washington, D.C.):
National Park Service - Cooperative Services Dlivision: 1
- Director, S.E. Regional Office: 3
- Superintendent, Everglades National Park:
- Superintendent, Gulf Islands National
Seashore: I
- Superintendent, Biscayne National Park:I
- CZM Coordinator (Washington, D.C.):
Bureau of Mines - Washington, D.C.: 3
- Alabama: I
- Pennsylvania: I
Bureau of Land Management - Eastern States Office: I
- Gulf of Mexico Outer Continental Shelf
Office: 3
Bureau of Indian Affairs (Southeast Agencies): I
Heritage Conservation and Recreation Service - Washington:I
- Atlanta: 1

U. S. DEPARTMENT OF JUSTICE

Land and Natural Resources Division: I

DEPARTMENT OF ENERGY

Regional Office (Atlanta): I
Federal Energy Administration
U.S. Energy Research and Development Administration -
- Division of Biomedical and Environmental Research:I
- Oak Ridge Operations Office: I

II-385

Federal Energy Regulatory Commission-
- Southeast Regional Engineer:1
- Office of Energy Systems (Washington):I

U. S. ENVIRONMENTAL PROTECTION AGENCY

offices of Federal Activities and Environmental Review (Washington,
D.C.): 2
Ecological Review Branch (Region IV): 5
208 Coastal Zone Liaison (Atlanta): I

EXECUTIVE OFFICE OF THE PRESIDENT

Council on Environmental Quality: 2

GENERAL SERVICES ADMINISTRATION

Region IV Administrator: I

MARINE MAMMAL COMM4ISSION: I

U. S. DEPARTMENT OF TRANSPORTATION

Southeastern Regional Secretarial Representative: 12
Distributes to: U.S. Coast Guard; Federal Highway Administration
Mass Transportation Section; Airports Section

O ~NUCLEAR REGULATORY COMMISSION: 3

FEDERAL REGIONAL COUNCIL OFFICE (Southeast Region):I

DEPART14ENT OF LABOR: I

11-386

COORDINATION OF COASTAL MANAGEMENT AND
HERITAGE CONSERVATION AND RECREATION SERVICE PROGRAMS

Section 307(a) of the Coastal Zone Management Act of 1972 (P
Law 92-588 as amended) requires the Secretary of the Department o
Commerce to cooperate with other federal agencies in the implemen
of this act. In accordance with this requirement, as well as the
National Historic Preservation Act of 1966 (P.L. 89-665, as amend(
and Executive Order 11593, an interagency agreement was drawn-up
between the Office of Coastal Zone Management (Department of Comm(
and the Heritage Conservation and Recreation Service (Department c
Interior). The purpose of this 1978 agreement is stated as follo%

1. To provide mutual assurances that a State's Coastal Zone
Management, Outdoor Recreation and Historic Preservation Prog
are compatible and consistent, that planning objectives are i
agreement, and that any duplication of program efforts is avo
or minimized, the Office of Coastal Zone Management and the
Heritage Conservation and Recreation Service will develop
procedures that provide for the following:

a. Review of and comment on the State Comprehensive Outdoor
Recreation Plan, (SCORP), Land and Water Conservation Fun
planning grant applications, and L&WCF acquisition and
development grant applications by the State agency respon
sible for preparing the Coastal Zone Management program;

b. Review and comment on Annual State Historic Preservation
Plans, including review of the work program components of
that plan listing specific survey and planning activities
acquisition and development projects for each fiscal year,
the State agency responsible for preparing the Coastal Zon
Management program;

c. Review of and comment on the Coastal Zone Management progr
(306 plan), the Coastal Zone Management program developmen
grant (305) applications, and Coastal Zone Management implt
mentation grant applications by the State agency responsib--
for preparing the Annual State Historic Preservation Plan;
and

d. Agreement between OCZM and HCRS to facilitate discussions c
mutual problems, issues and disputes relating to planning f
or development of State coastal areas and state recreationa
and cultural resources in the Coastal Zone on a periodic,
sustained basis. Maximum use of the A-95 process will be
made to identify projects and provide advisory comments
pursuant to this section.

2. Both agencies will complete the specific implementing procedures
cited above, and will develop the necessary agency guidelines to

II-387

faster the interagency and inegvrmna cooperation and
coordination purposes of this agreement. These procedures will
be developed in accordance with regulations governing OCZM and
HCRS.

iC 3. All QCZM, L&WCF and NHPA assisted State agencies will be
encouraged to use common data bases, analytic techniques, and
-on consistent criteria in their planning wherever appropriate.

4. To further the purpose of this agreement, both agencies will
explore opportunities such as joint demonstration projects which
) ~~will improve the coordination of Land and Water development and
he ~~ historic preservation in the coastal zone; promote a better
understanding of Coastal Zone Management, outdoor recreation and
historic preservation policies and programs; and to improve
Federal, State, areawide or local capabilities to deal with
impacts of energy related developments.

11-388

J e. PROGRAM PUBLICATIONS

FOR PUBLIC DISSEMINATION
r. ~

Laiw~~ oement in Florida - 1971
Law �
Comr nent in Florida - 1972
of
N~
Management in Florida - 1973

F Zone Management in Florida - 1974

Florida Coastal Zone Management Atlas. (1972)

6. Florida Keys Coastal Zone Management Study. (1974)

7. Florida Regional Coastal Zone Management Atlas*. (1976)

8. Escarosa: A Preliminary Study of Coastal Zone Management
Problems and Opportunities in Escambia and Santa Rosa
Counties, Florida. (1971)

9. Unofficial Composite: General Permitting Procedures for
Coastal Zone Activities in Florida. (1971)

10. Newsletter (CCC). (November 1970-June 1975)

11. A Selected Bibliography on: Thermal Pollution; Thermal
Effluents; and Electric Power Plants, Their Effects,
Planning, and Siting. (1971)

12. . 1972 Supplement.

13. Florida Coastal Zone Applied Research Needs. (1972)

14. Marine Environmental Studies of Florida's Gulf Coast:
Summary and Selected Bibliography. (1973)

15. Recommendations for Development Activities in Florida's
Coastal Zone. (1973). (Companion volume to Florida
CZM Atlas).

16. A Statistical Inventory of Key Biophysical Elements in
Florida's Coastal Zone. (1973). (Companion volume to
Florida CZM Atlas).

17. Salt Marsh Workshop and Conference. (1973)

18. Florida Keys Coastal Zone Management Study: Executive Summary.
(1974)

19. Proceedings of the Florida Keys Coral Reef Workshop. (1974)

II-389

20. Inventory of Florida Coastal Zone Planning Publications,

W ~21. Florida Coastal Zone Management Program (Section 305)
Status Report to the Governor and Cabinet. (January 1977).

22. Florida Coastal Zone Management Program: What$ Why, How, Who.
(July 1977)

23. The Florida Coastal Management Program Workshop Draft.
(November 1977)

24. The Florida Coastal Management Program: Legislative Draft.
(March, 1978)

25. The Florida Coastal Management Program: Threshold Draft.
(October, 1978)

*Texts to Accompany Florida Regional Coastal Zone Management Atlas.
(1976). Regions 1-10:

Florida Regional Coastal Zone Management Atlas (Text).

Biophysical Analysis Methodology Appendix to Florida
Regional Coastal Zone Management Atlas.

Land Ownership Analysis (accompanies maps in Atlas).

Land Ownership Inventory.
Land Use Analysis (accompanies maps in Atlas).
Support Services Analysis (accompanies maps in SAMtlIa s)

Economic Analysis
Population Analysis
Existing Legal Authorities
Environmental Quality Assessment (accompanies maps in Atlas)

II-390

CONTRACT PUBLICATIONS

0
1. Coastal Zone Resources Corporation. A Plan and Program for
Amenities and Aesthetics in the Escarosa Pilot Area. (Dec. 1971

2. Florida. State University System. Institute of Oceanography.
Escarosa I: An Oceanographic Survey of the Florida Territorial
Sea of Escambia and Santa Rosa Counties. (Nov. 1973)

3. Hopkins, Thomas S. Marine Ecology in Escarosa. (Sept. 1973)

4. Livingston, Robert J. The Ecological Impact of Pulp Mill Efflu-
ents on Aquatic Flora and Fauna of North Florida: Comparison
of a Polluted Drainage System (Fenholloway) with an Unpolluted
One (Econfina). (Dec. 1972)

5. Martin-Marietta Corporation. Florida Coastal Zone Land Use and
Ownership Atlas (1971).

6. Milo Smith and Associates. Planning Inventory: Florida's Coas-
tal Areas. (Dec. 1972)

7. Northwest Florida Development Council and Economic Development
District. Commercial Tourism Land Absorption Study. (Dec. 1972)

8-. O'Connor, Dennis M. Legal Aspects of Coastal Zone Management
in Escambia and Santa Rosa Counties, Florida. (March 1972)

9. RMBR Planning/Design Group. Clearwater Coastal Zone Management
Plan. (1972)

10. RMBR Planning/Design Group. Local Coastal Zone Management: A
Handbook. (1972)

11. South Florida Regional Planning Council. An Assessment of the
Development Suitability of Land in South Florida. (June 1973)

12. Tampa Bay Regional Planning Council. A Preliminary Investi-
gation of the Use of Natural Resources in the Tampa Bay Region
as a Basis for Future Developmental Policy. (Dec. 1972)

13. University of Florida. Department of Architecture. Identifi-
cation and Evaluation of Coastal Resource Patterns in Florida.
(1972)

14. Barloga, Fred. Considerations for Review of Florida's Coastal
Canal Construction Policy. (1975)

15. Collier, Courtland. Seawall and Revetment Effectiveness, Cost
and Construction. (1975) (Sea Grant)

11-391

16. Planning/Design Group. Impact Assessment: A Case Study. (July,
1976)

17. Planning/Design Group. A Process for Defining a Permissible
Use Framework. (July, 1976)

18. Planning/Design Group. Impact Assessment Handbook. (July, 1976)

19. University of Florida. Holland Law Center. Center for Govern-
mental Responsibility. Compilation of Laws Relating to Florida
Coastal Zone Management. (3v.) (June, 1976)

20. . Analysis of Laws Relating to Florida
Coastal Zone Management. (Oct. 1976)

21. Withlacoochee Regional Planning Council. Outer Continental
Shelf Socio-economic Impact Planning Project. (Sept. 1976)

22. East Central Florida Regional Planning Council. Region 6
Socio-economic Overview of Port Canaveral. (Sept. 1977)

23. Jacksonville Area Planning Board. Region 4 Socio-economic Over-
view of the Port of Fernandina Beach and the Port of Jacksonville.
(Sept. 1977)

24. Northwest Florida Planning and Advisory Council. Region 2
Socio-economic Overview of the Port of Panama City and the Port
of St. Joe. (Sept. 1977)

25. Southwest Florida Regional Planning Council. Region 9 Socio-
economic Overview of Port Boca Grande. (Sept. 1977)

26. South Florida Regional Planning Council. Region 10 Socio-
economic Overview of the Port of Key West, the Port of Miami,
Port Everglades, the Port of Palm Beach and the Port of Fort
Pierce. (Sept. 1977)

27. West Florida Regional Planning Council. Region 1 Socio-economic
Overview of the Port of Pensacola. (Sept. 1977)

28. Jacksonville Area Planning Board. Industrial Location Study:
CZM-HUD Demonstration Project. (6 v.) (June, 1977)

29. Dade County Planning Department. Dade County Wetlands Demon-
stration Project. (3 v.) (February, 1978)

30. St. Johns County/St. Augustine. Protection of Water Quality
and Shellfish Resources. (May, 1980)

31. Florida Institute of Technology. Center for Coastal Zone
Research. A Local Government Manatee Preservation Program.
(May, 1980)

32. Withlacoochee Regional Planning Council. City of Cedar Key
Comprehensive Plan. (June, 1980)

II-392

PART III
ALTERNATIVES TO THE PROPOSED ACTION

PART II I

S ~~~~~ALTERNATIVES TO THE PROPOSED ACTION

Given the nature of the proposed action, which is approval of the
Florida Coastal Management Program pursuant to section 306 of the CZMA,
all Federal alternatives involve a decision to delay or deny approval.
To delay or deny approval could be based an failure of the Florida
Program to meet any one of the requirements of the CZMA. In approving
a CZM Program, affirmative findings must be made by the Assistant
Administrator for Coastal Zone Management on more than twenty
requirements.

As noted in Part I of this document, the development of the
FCMP has been very controversial and has required the resolution of
numerous complex issues, many of which could have resulted in a program
deficient with respect to the requirements of the CZM4A. The Assistant
Administrator for Coastal Zone Management has made a preliminary
determination that any such deficiencies have been addressed and that
Florida has met the requirements for program approval under Section 306
of the CZM4A.

However, in order to elicit public and agency comment and assure
that the Assistant Administrator's initial determination is correct,
this section identifies a number of issue areas where there may be
* possible deficiencies and considers the alternatives of delaying or
denying approval based upon each issue area.

Before examining the alternatives, the following section iden-
tifies the generalized impacts that would result from delay or denial
on any basis.

1. Loss of Federal Funds to Administer the Program

Under Section 306, Florida would receive approximately
$2.5 million dollars per year to administer its coastal
management program. The loss of Federal Section 306 funds would
result in the inability of the State to provide adequate staffing
and administrative support to coordinate and evaluate coastal
actions, address issues of special focus, and assure that
government agencies coordinate and operate consistently with
coastal policies. Local governments would also be without the
pass-through funds necessary to resolve local coastal resource
issues as outlined in Part II, Section Two. State technical o
assistance to local governments, essential for the development o
a more effective coastal management program, would also be
curtailed due to limited funds. To deny approval of this program

5 111~~~~~~~~I-1

would also make it difficult for the State to develop a number of
critical non-regulatory aspects of the program, including the
coordinated and expedited resolution of interagency issues such as
hazards management through the interagency Management Committee.
Denial of approval would also jeopardize the eligibility of the
State to receive Coastal Energy Impact Program (CEIP) funds
pursuant to Section 308 of the CZMA.

The option of delaying approval would have the same general
impacts noted above albeit of a shorter duration. The impact of
delaying approval would nonetheless be severe due to the inability
of the State to receive additional Section 305 program development
funds from OCZM. This is due to the expiration of Congressional
authorization for the Section 305 program at the end of FY 79
(September 30, 1979). Although the State has received Federal
Section 305 funding to carry them through the end of March, 1981,
program approval much beyond that point in time will result in a
severe financial burden to the State and significantly hinder
present efforts to improve government coordination and make
Florida's management of its coastal resources more effective.

2. Loss of Consistency of Federal Action with Florida's Coastal
Management Program and its Policies

- ~Program approval would mean that Federal actions in or
directly affecting the Florida coastal area would have to be
consistent with the State's program under Section 307(c) of the
CZMA. Loss of Federal consistency with the State's coastal I
program could have significant and adverse effects on the
resources of the State's coastal area.

FEDERAL ALTERNATIVES

Alternative 1: The Assistant Administrator could delay or deny
approval if the scope of the program authorities is not sufficient to
meet the federal requirements.

Section 302 and 303 of the CZMA require management programs to
provide for the management of those uses which have a direct and
significant impact on coastal waters and to assure that there is
appropriate protection of significant resources, such as wetlands,
beaches and dunes, and barrier islands. Furthermore# the management
program must provide for the management of coastal development, and the
simplification of governmental processes.

The FCMP is based on existing state laws which provide broad and
adequate authority to manage coastal resources and development. The
proposed regulations promulgated under these laws provide the necessary
specificity and predictability for approval. The FCMP also provides
the necessary framework for the exercise of various management tech-
niques (i.e., planning, regulating, funding, and coordinating) through
various joint resolutions, MOU's, budget priorities and regulations.

III-2

Should the scope of the existing laws and existing or proposed
* regulations be insufficient to meet Federal requirements based on
concerns raised as a result of the review of this document, the
Assistant Administrator could deny or delay approval.

In response to such actions, the State could:

1. adopt new laws or regulations remedying the deficiencies, or

2. withdraw application for Federal approval of the FCMP.

Alternative 2: The Assistant Administrator could delay or deny
approval if the State is not adequately organized to implement the
Management Program.

The FCMP describes the organization structure that Florida will
use to implement and administer the management program. A number of
state agencies will be implementing their regulatory, propriatory, and
financial authority over activities which are proposed in or which
affect the State's coastal zone. The IMC and a number of joint
resolutions and MOUs will provide the basis for coordinating state
O ~actions. Furthermore, the Governor has designated DER as the Section
306 agency. DER has the fiscal and legal capability to accept and
administer grant funds, and through the IMC, has the capability to
monitor and evaluate the management of coastal resources by various
agencies. Should the organizational structure prove to be inadequate
as the result of the review of this document, the Assistant
Administrator could deny or delay approval.

In response to such actions, the State could:

1. strengthen the organizational structure of the Program as
developed to ensure effective implementation of the FCMP;

2. develop a coastal management program using a different
management scheme;~ or
3. withdraw the application for Federal approval of the FCMP.

Alternative 3: The Assistant Administrator could delay or deny
program approval if policies, rules and regulations, M'OU's and Joint
Resolutions, described in the FCMP are not enforceable.

is III~~~~~~~~1-3

in Florida are clearly enforceable, the policies included in propose,
rules included in the DEIS were not enforceable at the time of issuai
of that document. Similarly, an opinion by the Attorney General of
State of Florida, necessary to determine the enforceability of the M(
and Joint Resolutions described in the DEIS had not been rendered.

If, for any reason, the proposed regulations have not been promt
gated, or the MOUs and Joint Resolutions are found to be unenforceab'
OCZM would have to re-examine the approvability of the FCMP. If OCZM
found that any one or more must be enforceable to ensure the implemer
tation of an adherence to the FCMP, the Assistant Administrator coulc
delay or deny approval.

In response to such actions, the State could:

1. adopt new laws or regulations remedying the deficiencies, or

2. withdraw application for Federal approval of the FCMP.

III-4