House Bill 4141c2

    Florida House of Representatives - 1998          CS/CS/HB 4141

        By the Committees on Environmental Protection, Water &
    Resource Management and Representatives Saunders, Sembler and
    Bronson




  1                      A bill to be entitled

  2         An act relating to water resources; creating s.

  3         373.45923, F.S.; providing legislative findings

  4         and intent; authorizing the South Florida Water

  5         Management District to participate as local

  6         sponsor for the Restudy of the Central and

  7         Southern Florida Project; providing duties of

  8         the Joint Legislative Committee on Everglades

  9         Oversight; providing for public hearings;

10         providing reporting requirements; providing for

11         project cooperation agreements; providing for

12         legislative authorization; providing an

13         effective date.

14

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

16

17         Section 1.  Section 373.45923, Florida Statutes, is

18  created to read:

19         373.45923  Comprehensive Review Study of the Central

20  and Southern Florida Project.--

21         (1)  The Legislature finds that the Comprehensive

22  Review Study, or Restudy, for the Central and Southern Florida

23  Project, for which federal participation was authorized and

24  directed by the Federal Water Resources Development Acts of

25  1992 and 1996 together with related Congressional resolutions,

26  is of critical importance for sustaining the ecology, economy,

27  and social well-being of south Florida. The South Florida

28  Water Management District's participation as local sponsor for

29  the Restudy is therefore authorized. It is the intent of this

30  Legislature to facilitate and support the South Florida Water

31  Management District in its role as local sponsor for the

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






    Florida House of Representatives - 1998          CS/CS/HB 4141

    194-119-98






  1  Restudy and to thereby ensure that all projects or operational

  2  changes resulting from the Restudy are implemented in a manner

  3  consistent with this chapter, the Everglades Program

  4  undertaken pursuant to s. 373.4592, and the policy provided by

  5  s. 373.016, including promotion of the availability of

  6  sufficient water for all existing and future

  7  reasonable-beneficial uses and natural systems.

  8         (2)  To accomplish the legislative intent of subsection

  9  (1), the Joint Legislative Committee on Everglades Oversight

10  created pursuant to s. 11.80 shall be responsible for

11  monitoring all funding and expenditures for projects or

12  operational changes resulting from the Restudy. The South

13  Florida Water Management District shall assist the joint

14  committee by providing any comprehensive plan, preliminary

15  financing plan, feasibility plan, project cooperation

16  agreement, or proposed plan of action resulting from the

17  Restudy, or any other information determined by the joint

18  committee to be necessary for accomplishing the purposes of

19  this section.

20         (a)  Comprehensive plan for the Restudy.--Immediately

21  following the 1998 Legislative Session, the South Florida

22  Water Management District shall provide to the joint committee

23  all alternatives evaluated by the Restudy to that date, which

24  shall be reviewed by the joint committee as an interim

25  project. The joint committee shall review the proposed

26  comprehensive plan during the 45-day public comment period and

27  shall provide to the United States Army Corps of Engineers and

28  the South Florida Water Management District written comments

29  as it deems appropriate, that shall include, but not be

30  limited to, the extent to which the proposed comprehensive

31  plan is consistent with the goals and objectives of this

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






    Florida House of Representatives - 1998          CS/CS/HB 4141

    194-119-98






  1  chapter and considers all competing policy needs within s.

  2  373.016, as well as all competing water uses. The joint

  3  committee shall conduct at least two public hearings prior to

  4  finalizing written comments prepared pursuant to this

  5  paragraph. Upon completion of the comprehensive plan for the

  6  Restudy, the plan shall be submitted to the Governor, the

  7  President of the Senate, the Speaker of the House of

  8  Representatives, and the joint committee.

  9         (b)  Project cooperation agreements.--Unless the

10  project modification is specifically authorized by the

11  Legislature, which authorization may be by a general

12  appropriation, during the next Regular Legislative Session

13  following submission of information on project scope,

14  schedules, and costs, the South Florida Water Management

15  District shall not execute a project cooperation agreement for

16  any proposed project or operational change resulting from the

17  Restudy, including any action seeking further Congressional

18  authorizations or approvals to modify project works or

19  operations or to acquire land. If the Legislature does not

20  approve, modify, or reject project modifications as described

21  in this paragraph, the South Florida Water Management District

22  may proceed with execution of the project cooperation

23  agreement, provided that the district's financial

24  responsibility under the project cooperation agreement can be

25  met without the need for any future appropriations by the

26  Legislature. 

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

28  law.

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