House Bill 4141

    Florida House of Representatives - 1998                HB 4141

        By Representative Saunders






  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.026, F.S., relating to general powers and

  4         duties of the Department of Environmental

  5         Protection; requiring prior legislative

  6         approval for implementation of any project

  7         contained in the Central and Southern Florida

  8         Flood Control Project Restudy, and for

  9         participation by the South Florida Water

10         Management District as local sponsor; providing

11         for recommendations to the Legislature by the

12         department and the Governor; providing an

13         effective date.

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

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17         Section 1.  Subsection (8) of section 373.026, Florida

18  Statutes, is amended to read:

19         373.026  General powers and duties of the

20  department.--The department, or its successor agency, shall be

21  responsible for the administration of this chapter at the

22  state level. However, it is the policy of the state that, to

23  the greatest extent possible, the department may enter into

24  interagency or interlocal agreements with any other state

25  agency, any water management district, or any local government

26  conducting programs related to or materially affecting the

27  water resources of the state. All such agreements shall be

28  subject to the provisions of s. 373.046. In addition to its

29  other powers and duties, the department shall, to the greatest

30  extent possible:

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






    Florida House of Representatives - 1998                HB 4141

    550-163-98






  1         (8)(a)  Provide such coordination, cooperation, or

  2  approval necessary to the effectuation of any plan or project

  3  of the Federal Government in connection with or concerning the

  4  waters in the state. Unless otherwise provided by state or

  5  federal law, the department shall, subject to confirmation by

  6  the Legislature, have the power to approve or disapprove such

  7  federal plans or projects on behalf of the state. If such plan

  8  or project is for a coastal inlet, the department shall first

  9  determine the impact of the plan or project on the sandy

10  beaches in the state. If the department determines that the

11  plan will have a significant adverse impact on the sandy

12  beaches, the department may not approve the plan or project

13  unless it is revised to mitigate those impacts.

14         (b)  For the Central and Southern Florida Flood Control

15  Project Restudy, prior to any action of the state or the South

16  Florida Water Management District, including the decision to

17  seek congressional authority or act as local sponsor in regard

18  to the restudy, the Legislature must approve any coordination,

19  cooperation, plan, or expenditure of funds necessary to the

20  effectuation of any project contained in the restudy, and the

21  participation by the South Florida Water Management District

22  as local sponsor in regard to the restudy. In implementing

23  this paragraph, the department and the Governor shall provide

24  appropriate recommendations to the Speaker of the House of

25  Representatives and the President of the Senate.

26         (c)(b)  The department, subject to confirmation by the

27  Legislature, shall act on behalf of the state in the

28  negotiation and consummation of any agreement or compact with

29  another state or states concerning waters of the state.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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






    Florida House of Representatives - 1998                HB 4141

    550-163-98






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  2                          HOUSE SUMMARY

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      Requires prior legislative approval for any coordination,
  4    cooperation, plan, or expenditure to implement any
      project contained in the Central and Southern Flood
  5    Control Project Restudy, including any decision to seek
      congressional authority and any participation by the
  6    South Florida Water Management District as local sponsor
      of the restudy. Requires the Department of Environmental
  7    Protection and the Governor to provide recommendations to
      the Legislature.
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