Senate Bill 1438e1

    SB 1438                                        First Engrossed



  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; providing that

  8         the board may adopt and enforce stricter

  9         standards, regulations, and orders of local

10         governments when the standards are related to

11         ch. 258, F.S., and are approved by the board;

12         amending s. 258.43, F.S.; providing authority

13         for the board to develop rules regarding the

14         cumulative impact of activities on aquatic

15         preserves; providing an effective date.

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

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

20  Florida Statutes, to read:

21         258.42  Maintenance of preserves.--The Board of

22  Trustees of the Internal Improvement Trust Fund shall maintain

23  such aquatic preserves subject to the following provisions:

24         (5)  The board may:

25         (a)  Consider the cumulative impacts of activities on

26  aquatic preserves; and

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

28  and orders of a local government in the jurisdiction where

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

30  if they are consistent with this chapter and any approved

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






    SB 1438                                        First Engrossed



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

  2  by rule.

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

  4  258.43, Florida Statutes, are redesignated as subsections (3)

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

  6  that section to read:

  7         258.43  Rules and regulations.--

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

  9  the cumulative effect of activities on aquatic preserves. The

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

11  authorize an activity on lands within an aquatic preserve,

12  will consider the cumulative impacts on the preserve resulting

13  from:

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

15  is sought;

16         (b)  Existing similar activities, activities under

17  construction, and activities for which authorization has been

18  sought within the preserve; and

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

20  approved, or have vested or other activities requiring

21  authorization from the board which may reasonably be expected

22  to be located within the preserve based on comprehensive plans

23  adopted under chapter 163 by the local governments having

24  jurisdiction over the activities and on applicable land-use

25  restrictions and regulations.

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

27  law.

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