Senate Bill 1438

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



    Florida Senate - 1998                 SB 1438 (Corrected Copy)

    By Senator Latvala





    312-953A-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to aquatic preserves (RAB); amending s.

  4         258.42, F.S.; providing authority for the Board

  5         of Trustees of the Internal Improvement Trust

  6         Fund to consider the cumulative impact of

  7         activities on aquatic preserves and the impact

  8         of activities on manatees and other listed

  9         species; providing that the board may adopt and

10         enforce stricter standards, regulations, and

11         orders of local governments when the standards

12         are related to ch. 258, F.S., and are approved

13         by the board; amending s. 258.43, F.S.;

14         providing authority for the board to develop

15         rules regarding the impact of activities on

16         manatees and other listed species and the

17         cumulative impact of activities on aquatic

18         preserves; providing an effective date.

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

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22         Section 1.  Subsection (5) is added to section 258.42,

23  Florida Statutes, to read:

24         258.42  Maintenance of preserves.--The Board of

25  Trustees of the Internal Improvement Trust Fund shall maintain

26  such aquatic preserves subject to the following provisions:

27         (5)  The board may:

28         (a)  Consider the cumulative impacts of activities on

29  aquatic preserves; and

30         (b)  Adopt and enforce the stricter rules, regulations,

31  and orders of a local government in the jurisdiction where

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






    Florida Senate - 1998                 SB 1438 (Corrected Copy)
    312-953A-98




  1  they apply if they relate to activities covered by this part,

  2  if they are consistent with this chapter and any approved

  3  management plan for a preserve, and if the board approves them

  4  by rule.

  5         Section 2.  Present subsections (2) and (3) of section

  6  258.43, Florida Statutes, are redesignated as subsections (3)

  7  and (4), respectively, and a new subsection (2) is added to

  8  that section to read:

  9         258.43  Rules and regulations.--

10         (2)  The board may adopt and enforce rules that address

11  the cumulative effect of activities on aquatic preserves. The

12  rules must provide that the board, in evaluating whether to

13  authorize an activity on lands within an aquatic preserve,

14  will consider the cumulative impacts on the preserve resulting

15  from:

16         (a)  The activity for which the board's authorization

17  is sought;

18         (b)  Existing similar activities, activities under

19  construction, and activities for which authorization has been

20  sought within the preserve; and

21         (c)  Activities that are under review, have been

22  approved, or have vested or other activities requiring

23  authorization from the board which may reasonably be expected

24  to be located within the preserve based on comprehensive plans

25  adopted under chapter 163 by the local governments having

26  jurisdiction over the activities and on applicable land-use

27  restrictions and regulations.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 1998                 SB 1438 (Corrected Copy)
    312-953A-98




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  2                          SENATE SUMMARY

  3    Authorizes the Board of Trustees of the Internal
      Improvement Trust Fund to adopt rules relating to aquatic
  4    preserves.

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