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(5) In addition to other criteria established by statute or rule, the following criteria shall be
considered when establishing priorities for public acquisition of coastal property:
(a) The value of acquiring coastal high-hazard parcels, consistent with hazard mitigation
and postdisaster redevelopment policies, in order to minimize the risk to life and property
and to reduce the need for future disaster assistance.
(b) The value of acquiring beachfront parcels, irrespective of size, to provide public
access and recreational opportunities in highly developed urban areas.
(c) The value of acquiring identified parcels the development of which would adversely
affect coastal resources.
(6) The department shall develop and implement a strategy to enhance citizen awareness and
involvement in Florida’s coastal management programs.
History.— s. 7, ch. 78-287; s. 4, ch. 92-276; s. 60, ch. 93-206; s. 11, ch. 98-146; s. 188, ch. 99-13; s. 42,
ch. 99-247; s. 4, ch. 2002-275.
380.23 Federal consistency.—
(1) When a federally licensed or permitted activity subject to federal consistency review requires
a state license, the issuance or renewal of a state license shall automatically constitute the state’s
concurrence that the licensed activity or use, as licensed, is consistent with the federally
approved program. When a federally licensed or permitted activity subject to federal consistency
review requires a state license, the denial of a state license shall automatically constitute the
state’s finding that the proposed activity or use is not consistent with the state’s federally
approved program, unless the United States Secretary of Commerce determines that such activity
or use is in the national interest as provided in the Coastal Zone Management Act.
(2)(a) Where federal licenses, permits, activities, and projects listed in subsection (3) are subject
to federal consistency review and are seaward of the jurisdiction of the state, or there is no state
agency with sole jurisdiction, the department shall be responsible for the consistency review and
determination; however, the department shall not make a determination that the license, permit,
activity, or project is consistent if any other state agency with significant analogous
responsibility makes a determination of inconsistency. All decisions and determinations under
this subsection shall be appealable to the Governor and Cabinet.
(b) However, effective October 1, 1992, if a finding or recommendation of inconsistency has
been made by a state agency with regard to federal activities and projects listed under paragraphs
(3)(a) and (b) and the inconsistency cannot be resolved by the department, the department shall
refer such finding or recommendation to the Governor for final determination. The Governor
shall review the comments, findings, or recommendations of all participating agencies and shall
affirm the finding or recommendation of inconsistency unless the Governor determines that the
federal activity or project is consistent with the enforceable social, economic, and environmental
policies of the coastal management program. Any permitting, licensing, or proprietary authority
of an agency shall not be preempted or otherwise limited by any provision of this paragraph.
Consistency determinations made pursuant to this paragraph shall not be appealable to the
Governor or Cabinet.
(3) Consistency review shall be limited to review of the following activities, uses, and projects to
ensure that such activities, uses, and projects are conducted in accordance with the state’s coastal
management program:
(a) Federal development projects and activities of federal agencies which significantly
affect coastal waters and the adjacent shorelands of the state.