Senate Bill 0592c1

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    Florida Senate - 1998                            CS for SB 592

    By the Committee on Natural Resources and Senators
    Brown-Waite, Cowin and Latvala




    312-1766-98

  1                      A bill to be entitled

  2         An act relating to water management; creating

  3         the Lake Panasoffkee Restoration Council;

  4         providing for its membership, powers, and

  5         duties; requiring the Southwest Florida Water

  6         Management District to provide staff for the

  7         council and to award contracts subject to an

  8         appropriation of funds; providing an effective

  9         date.

10

11         WHEREAS, Lake Panasoffkee is a waterbody of historic,

12  hydrologic, and ecological significance, and

13         WHEREAS, Lake Panasoffkee is a major tributary to the

14  Withlacoochee River, and

15         WHEREAS, Lake Panasoffkee is plagued by fluctuating

16  water levels and sedimentation and excessive growth of aquatic

17  plants, which are degrading its water quality and recreational

18  values and adversely affecting the Withlacoochee River, and

19         WHEREAS, Lake Panasoffkee continues to provide wildlife

20  habitat for fish, birds, and game, and offers recreational

21  opportunities for the residents of Sumter County and Central

22  Florida and visitors to the area, despite its current

23  problems, and

24         WHEREAS, the economic potential of Lake Panasoffkee has

25  yet to be tapped, and

26         WHEREAS, the Southwest Water Management District, in

27  cooperation with several state, regional, and local entities,

28  has developed proposals to restore Lake Panasoffkee, NOW,

29  THEREFORE,

30

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

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    Florida Senate - 1998                            CS for SB 592
    312-1766-98




  1         Section 1.  Lake Panasoffkee Restoration Council--There

  2  is created within the Southwest Florida Water Management

  3  District the Lake Panasoffkee Restoration Council.

  4         (1)(a)  The council shall consist of seven voting

  5  members: two representatives of lakefront property owners, one

  6  environmental engineer, one person with training in biology or

  7  another scientific discipline, one person with training as an

  8  attorney, one person with training as an engineer, and one

  9  representative of the sport fishing industry, all to be

10  appointed by the Sumter County Commission.  No person serving

11  on the council may be appointed to any of the council advisory

12  group agencies' councils, board, or commission. The council

13  members shall serve as advisors to the governing board of the

14  Southwest Florida Water Management District.  The council is

15  subject to the provisions of chapter 119 and chapter 120,

16  Florida Statutes.

17         (b)  The council advisory group to the council shall

18  consist of: one representative each from the Southwest Florida

19  Water Management District, the Florida Department of

20  Environmental Protection, the Florida Department of

21  Transportation, the Florida Game and Fresh Water Fish

22  Commission, the Withlacoochee River Basin Board, and the

23  United States Army Corps of Engineers, to be appointed by

24  their respective agencies, all of whom must have training in

25  biology or another scientific discipline.

26         (2)  Immediately after their appointment, the council

27  shall meet and organize by electing a chair, a vice chair, and

28  a secretary, whose terms shall be for 2 years each.  Council

29  officers shall not serve consecutive terms.  Each council

30  member shall be a voting member.

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    Florida Senate - 1998                            CS for SB 592
    312-1766-98




  1         (3)  The council shall meet at the call of its chair,

  2  at the request of six of its members, or at the request of the

  3  chair of the governing board of the Southwest Florida Water

  4  Management District.

  5         (4)  The council shall have the powers and duties to:

  6         (a)  Review audits and all data specifically related to

  7  lake restoration techniques and sport fish population recovery

  8  strategies, including data and strategies for shoreline

  9  restoration, sediment control and removal, exotic species

10  management, floating tussock management or removal,

11  navigation, water quality, and fisheries habitat improvement,

12  particularly as they may apply to Lake Panasoffkee.

13         (b)  Evaluate whether additional studies are needed.

14         (c)  Explore all possible sources of funding to conduct

15  the restoration activities.

16         (d)  Advise the governing board of the Southwest

17  Florida Water management District regarding the best approach

18  to restoring Lake Panasoffkee, and make a recommendation as to

19  which techniques should be part of the restoration program.

20  The governing board of the Southwest Florida Water Management

21  District shall respond in writing to the council if any

22  recommendations from the council require re-evaluation.  The

23  response shall detail reasons for re-evaluation.

24         (e)  Report to the Legislature before November 25 of

25  each year on the progress of the Lake Panasoffkee restoration

26  plan and any recommendations for the next fiscal year.

27         (5)  The Southwest Florida Water Management District

28  shall provide staff to assist the council in carrying out the

29  provisions of this act.

30         (6)  Members of the council shall receive no

31  compensation for their services, but are entitled to be

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    Florida Senate - 1998                            CS for SB 592
    312-1766-98




  1  reimbursed for per diem and travel expenses incurred during

  2  execution of their official duties, as provided in section

  3  112.061, Florida Statutes. State and federal agencies shall be

  4  responsible for the per diem and travel expenses of their

  5  respective appointees to the council and the Southwest Florida

  6  Water Management District shall be responsible for per diem

  7  and travel expenses of other appointees to the council.

  8         Section 2.  Lake Panasoffkee restoration program.--

  9         (1)  The Southwest Florida Water Management District,

10  in conjunction with the Department of Environmental

11  Protection, the Florida Game and Fresh Water Fish Commission,

12  the Sumter County Commission, and the Lake Panasoffkee

13  Restoration Council, shall review existing restoration

14  proposals to determine which ones are the most environmentally

15  sound and economically feasible methods of improving the

16  fisheries and natural systems of Lake Panasoffkee.

17         (2)  The Southwest Florida Water Management District,

18  in consultation and by agreement with the Department of

19  Environmental Protection, the Game and Fresh Water Fish

20  Commission, and pertinent local governments, shall develop

21  tasks to be undertaken by those entities necessary to initiate

22  the Lake Panasoffkee restoration program recommended by the

23  Lake Panasoffkee Restoration Council.  These agencies shall:

24         (a)  Evaluate different methodologies for removing the

25  extensive tussocks and build up of organic matter along the

26  shoreline and of the aquatic vegetation in the lake; and

27         (b)  Conduct any additional studies as recommended by

28  the Lake Panasoffkee Restoration Council.

29         (3)  Contingent on the Legislature appropriating funds

30  for the Lake Panasoffkee restoration program and in

31  conjunction with financial participation by federal, other

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    Florida Senate - 1998                            CS for SB 592
    312-1766-98




  1  state, and local governments, the appropriate agencies shall

  2  through competitive bid award contracts to implement the

  3  activities of the Lake Panasoffkee restoration program.

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

  5  law.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                              SB 592

  9

10  Provides that the Lake Panasoffkee Restoration Council shall
    consist of 7 voting members:  two representatives of lakefront
11  property owners, one environmental engineer, one person with
    training in biology or another scientific discipline, one
12  person with training as an attorney, one person with training
    as an engineer, and one representative of the sport fishing
13  industry. Members are to be appointed by the Sumter County
    Commission instead of the Governor.
14
    The council is subject to the provisions of chapters 119 and
15  120, F.S.

16  Creates a council advisory group to the restoration council
    consisting of representatives from the Southwest Florida Water
17  Management District, the Department of Environmental
    Protection, the Department of Transportation, the Florida Game
18  and Fresh Water Fish Commission, the Withlacoochee River Basin
    Board, and the U.S. Army Corps of Engineers.
19
    Provides powers and duties of the Lake Panasoffkee Restoration
20  Council.

21  Provides that the Southwest Florida Water Management District
    develop tasks to be undertaken by certain specified entities
22  to initiate the Lake Panasoffkee restoration program
    recommended by the Lake Panasoffkee Restoration Council.
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