Senate Bill 1256c1

CODING: Words stricken are deletions; words underlined are additions.



    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.

24

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

26

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.--

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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.

23

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:

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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,

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                           CS for SB 1256
    312-2133-98




  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.

20

21

22

23

24

25

26

27

28

29

30

31

                                  7