Senate Bill 1256c1
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Florida Senate - 1998 CS for SB 1256
By the Committee on Natural Resources and Senator Harris
312-2133-98
1 A bill to be entitled
2 An act relating to inland waterway management;
3 amending s. 374.976, F.S.; authorizing the
4 Florida Inland Navigation District and the West
5 Coast Inland Navigation District to enter into
6 cooperative agreements with the Federal
7 Government, participate with the United States
8 Army Corps of Engineers in waterway maintenance
9 projects, engage in anchorage management
10 programs and beach renourishment projects, and
11 enter into ecosystem management agreements with
12 the Department of Environmental Protection;
13 conforming language relating to existing
14 matching fund requirements; repealing s.
15 374.976(5), F.S., as amended by ch. 96-320,
16 Laws of Florida, to clarify legislative intent
17 with respect to duplicate provisions; amending
18 s. 403.061, F.S.; providing a supplemental
19 process for issuance of joint coastal permits
20 and environmental resource permits for regional
21 waterway management activities; amending s.
22 311.105, F.S.; conforming cross-references;
23 providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Section 374.976, Florida Statutes, as
28 amended by chapter 96-425, Laws of Florida, is amended to
29 read:
30 374.976 Authority to address impacts of waterway
31 development projects.--
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Florida Senate - 1998 CS for SB 1256
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1 (1) Each inland navigation district, except the
2 district created pursuant to s. 374.301, is empowered and
3 authorized to undertake programs intended to alleviate the
4 problems associated with its waterway or waterways, including,
5 but not limited to, the following:
6 (a) The district may act as a local interest sponsor
7 for any project designated as a "Section 107, River and Harbor
8 Act of 1960" project authorized and undertaken by the U.S.
9 Army Corps of Engineers and, in this regard, may comply with
10 any or all conditions imposed on local interests as part of
11 such project.
12 (b) It is the intent of the Legislature that the
13 district may sponsor or furnish assistance and support to
14 member counties and local governments within the district in
15 planning and carrying out beach renourishment and inlet
16 management projects. Such assistance and support, if
17 financial in nature, shall be contributed only after a finding
18 by the board that inlet management projects are a benefit to
19 public navigation in the district and that the beaches to be
20 nourished have been adversely impacted by navigation inlets,
21 navigation structures, navigation dredging, or a navigation
22 project. Such projects will be consistent with Department of
23 Environmental Protection approved inlet management plans and
24 the statewide beach management plan pursuant to s. 161.161.
25 Inlet management projects that are determined to be consistent
26 with Department of Environmental Protection approved inlet
27 management plans are declared to be a benefit to public
28 navigation.
29 (c) The district is authorized to aid and cooperate
30 with the Federal Government, state, member counties, and local
31 governments within the district in planning and carrying out
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Florida Senate - 1998 CS for SB 1256
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1 public navigation, local and regional anchorage management,
2 beach renourishment, public recreation, inlet management,
3 environmental education, and boating safety projects, directly
4 related to the waterways. The district is also authorized to
5 enter into cooperative agreements with the United States Army
6 Corps of Engineers, state, and member counties, and to
7 covenant in any such cooperative agreement to pay part of the
8 costs of acquisition, planning, development, construction,
9 reconstruction, extension, improvement, operation, and
10 maintenance of such projects.
11 (d) The district is authorized to enter into
12 cooperative agreements with navigation-related districts to
13 pay part of the costs of acquisition of spoil disposal sites.
14 (e) The district is authorized to enter into ecosystem
15 management agreements with the Department of Environmental
16 Protection pursuant to s. 403.075.
17 (2) A district that sponsors a program pursuant to
18 this section shall adopt rules to govern the program, pursuant
19 to chapter 120. At a minimum, such rules shall prohibit the
20 encumbrance of funds for a project beyond 3 years following
21 approval of the project and, except for funds provided to
22 enhance public navigation, law enforcement on the waterways,
23 or environmental education projects within its district, shall
24 prohibit financial support unless matching funds are provided
25 by the recipient of such financial support. The district may
26 waive such rules for a project approved in a county that is
27 recovering from a state of emergency declared under chapter
28 252.
29 (3) Except as provided in subsection (2), all
30 financial assistance and support furnished by the Florida
31 Inland Navigation District and the West Coast Inland
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Florida Senate - 1998 CS for SB 1256
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1 Navigation District to member counties and local governments
2 within the districts shall require matching funds. Such
3 matching funds shall be clearly identified and enumerated as
4 to amount and source. Such financial assistance and support,
5 except as provided pursuant to paragraph (1)(a) and except for
6 a project approved in a county that is recovering from a state
7 of emergency declared under chapter 252, shall not exceed the
8 proportional share of ad valorem tax collections from each
9 county.
10 (4) Each district shall report to the Legislature no
11 later than January 1, 1991, on the type of projects, amount of
12 financial assistance, and amount and source of matching funds
13 received for said projects. The report shall delineate the
14 justification for awarding financial assistance and shall
15 include the direct relationship the project has to the
16 maintenance of the intracoastal waterways.
17 (5) The Florida Inland Navigation District may furnish
18 assistance and support to seaports for the purpose of planning
19 and carrying out dredge material management projects and other
20 environmental mitigation projects. Port projects shall benefit
21 publicly maintained channels and harbors. Any port eligible
22 for funding shall be located in a member county of the
23 district, and each port shall contribute matching funds for
24 funded projects. Financial assistance for such port projects
25 shall not be included in calculating the proportional share of
26 ad valorem tax collections of the county in which the port is
27 located, provided the port seeking assistance demonstrates a
28 regional benefit realized from the port's activities. However,
29 the cost of a port project funded pursuant to this section may
30 not exceed the proportional share of ad valorem taxation of
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Florida Senate - 1998 CS for SB 1256
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1 the counties in the district which are benefited by the
2 project.
3 Section 2. Subsection (5) of section 374.976, Florida
4 Statutes, as amended by chapter 96-320, Laws of Florida, is
5 repealed.
6 Section 3. Subsection (39) is added to section
7 403.061, Florida Statutes, to read:
8 403.061 Department; powers and duties.--The department
9 shall have the power and the duty to control and prohibit
10 pollution of air and water in accordance with the law and
11 rules adopted and promulgated by it and, for this purpose, to:
12 (39) Enter into a memorandum of agreement with the
13 Florida Inland Navigation District and the West Coast Inland
14 Navigation District or their successor agencies, to provide a
15 supplemental process for issuance of joint coastal permits
16 pursuant to s. 161.055 or environmental resource permits
17 pursuant to part IV of chapter 373 for regional waterway
18 management activities, including, but not limited to,
19 maintenance dredging, spoil disposal, public recreation, inlet
20 management, beach nourishment, and environmental protection
21 directly related to public navigation and the construction,
22 maintenance, and operation of Florida's inland waterways.
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24 The department shall implement such programs in conjunction
25 with its other powers and duties and shall place special
26 emphasis on reducing and eliminating contamination that
27 presents a threat to humans, animals or plants, or to the
28 environment.
29 Section 4. Subsections (2), (3), and (6) of section
30 311.105, Florida Statutes, are amended to read:
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Florida Senate - 1998 CS for SB 1256
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1 311.105 Florida Seaport Environmental Management
2 Committee; permitting; mitigation.--
3 (2) Each application for a permit authorized pursuant
4 to s. 403.061(37)(38) must include:
5 (a) A description of maintenance dredging activities
6 to be conducted and proposed methods of dredged-material
7 management.
8 (b) A characterization of the materials to be dredged
9 and the materials within dredged-material management sites.
10 (c) A description of dredged-material management sites
11 and plans.
12 (d) A description of measures to be undertaken,
13 including environmental compliance monitoring, to minimize
14 adverse environmental effects of maintenance dredging and
15 dredged-material management.
16 (e) Such scheduling information as is required to
17 facilitate state supplementary funding of federal maintenance
18 dredging and dredged-material management programs consistent
19 with beach restoration criteria of the Department of
20 Environmental Protection.
21 (3) Each application for a permit authorized pursuant
22 to s. 403.061(38)(39) must include the provisions of
23 paragraphs (2)(b)-(e) and the following:
24 (a) A description of dredging and dredged-material
25 management and other related activities associated with port
26 development, including the expansion of navigation channels,
27 dredged-material management sites, port harbors, turning
28 basins, harbor berths, and associated facilities.
29 (b) A discussion of environmental mitigation as is
30 proposed for dredging and dredged-material management for port
31 development, including the expansion of navigation channels,
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Florida Senate - 1998 CS for SB 1256
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1 dredged-material management sites, port harbors, turning
2 basins, harbor berths, and associated facilities.
3 (6) Dredged-material management activities authorized
4 pursuant to s. 403.061(37) or (38)(38) or (39) shall be
5 incorporated into port master plans developed pursuant to s.
6 163.3178(2)(k).
7 Section 5. This act shall take effect upon becoming a
8 law.
9
10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 SB 1256
12
13 The committee substitute includes beach renourishment as an
activity that a district may assist in or carry out in
14 cooperation with other governmental entities.
15 The committee substitute repeals subsection (5) of s. 374.976,
F.S., as amended by ch. 96-320, L.O.F., which authorizes the
16 FIND to furnish assistance and support to seaports relating to
dredged material management and other environmental mitigation
17 projects.
18 Provisions repealing s. 8 of ch. 90-264, L.O.F., have been
deleted and the WCIND remains subject to repeal October 1,
19 2000.
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