Senate Bill 1672e1

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  1                      A bill to be entitled

  2         An act relating to water resources; creating s.

  3         373.1501, F.S.; providing definitions;

  4         providing legislative findings and intent;

  5         providing for acquisition of certain lands by

  6         eminent domain; requiring land to be acquired

  7         in accordance with state condemnation law;

  8         authorizing the South Florida Water Management

  9         District to act as local sponsor of the Central

10         and Southern Florida Flood Control Project for

11         specified project features; providing for

12         oversight by the Department of Environmental

13         Protection; requiring specified compliance by

14         the South Florida Water Management District;

15         providing requirements for development of

16         project components; requiring the Department of

17         Environmental Protection and the water

18         management district to pursue implementation of

19         certain project modifications; amending s.

20         373.026, F.S.; requiring the department to

21         approve project components; providing an

22         effective date.

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

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26         Section 1.  Section 373.1501, Florida Statutes, is

27  created to read:

28         373.1501  South Florida Water Management District as

29  local sponsor.--

30         (1)  As used in ss. 373.1501 and 373.026(8), the term:

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  1         (a)  "C-111 Project" means the project identified in

  2  the Central and Southern Florida Flood Control Project, Real

  3  Estate Design Memorandum, Canal 111, South Dade County,

  4  Florida.

  5         (b)  "Department" means the Department of Environmental

  6  Protection.

  7         (c)  "District" means the South Florida Water

  8  Management District.

  9         (d)  "Kissimmee River Restoration Project" means the

10  project identified in the Project Cooperation Agreement

11  between the United States Department of the Army and the South

12  Florida Water Management District dated March 22, 1994.

13         (e)  "Project" means the Central and Southern Florida

14  Project.

15         (f)  "Project Component" means any structural or

16  operational change, resulting from the restudy, to the Central

17  and Southern Florida Project as it existed and was operated as

18  of January 1, 1999.

19         (g)  "Restudy" means the Comprehensive Review Study of

20  the Central and Southern Florida Project, for which federal

21  participation was authorized by the Federal Water Resources

22  Development Acts of 1992 and 1996 together with related

23  Congressional resolutions and for which participation by the

24  South Florida Water Management District is authorized by this

25  section.  The term includes all actions undertaken pursuant to

26  the aforementioned authorizations which will result in

27  recommendations for modifications or additions to the Central

28  and Southern Florida Project.

29         (h)  "Water Preserve Areas" means those areas located

30  only within Palm Beach and Broward counties that are

31  designated as Water Preserve Areas, as approved by the South


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  1  Florida Water Management District Governing Board on September

  2  11, 1997.

  3         (i)  "Ten Mile Creek Project" means the Ten Mile Creek

  4  Water Preserve Area identified in the Central and Southern

  5  Florida Ecosystem Critical Project Letter Report dated April

  6  13, 1998.

  7         (2)  The Legislature finds that the restudy is

  8  important for restoring the Everglades ecosystem and

  9  sustaining the environment, economy, and social well-being of

10  South Florida. It is the intent of the Legislature to

11  facilitate and support the restudy through a process

12  concurrent with Federal Government review and Congressional

13  authorization. Nothing in this section is intended in any way

14  to limit federal agencies or Congress in the exercise of their

15  duties and responsibilities. It is further the intent of the

16  Legislature that all project components be implemented through

17  the appropriate processes of this chapter and be consistent

18  with the balanced policies and purposes of this chapter,

19  specifically s. 373.016.

20         (3)  The Legislature declares that the Kissimmee River

21  Project, the Ten Mile Creek Project, the Water Preserve Areas,

22  and the C-111 Project are in the public interest, for a public

23  purpose, and necessary for the public health and welfare. The

24  governing board of the district is empowered and authorized to

25  acquire fee title or easement by eminent domain for the

26  limited purposes of implementing the Kissimmee River Project,

27  the Ten Mile Creek Project, the Water Preserve Areas, and the

28  C-111 Project. Any acquisition of real property, including by

29  eminent domain, for those objectives constitutes a public

30  purpose for which it is in the public interest to expend

31  public funds. Notwithstanding any provision of law to the


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  1  contrary, such properties shall not be removed from the

  2  district's plan of acquisition, and the use of state funds for

  3  these properties is authorized. In the absence of willing

  4  sellers, any land necessary for implementing the projects in

  5  this subsection shall be acquired in accordance with state

  6  condemnation law.

  7         (4)  The district is authorized to act as local sponsor

  8  of the project for those project features within the district

  9  as provided in this subsection and subject to the oversight of

10  the department as further provided in s. 373.026.  The

11  district may:

12         (a)  Act as local sponsor for all project features

13  previously authorized by Congress;

14         (b)  Continue data gathering, analysis, research, and

15  design of project components, participate in preconstruction

16  engineering and design documents for project components, and

17  further refine the Comprehensive Plan of the restudy as a

18  guide and framework for identifying other project components;

19         (c)  Construct pilot projects that will assist in

20  determining the feasibility of technology included in the

21  Comprehensive Plan of the restudy; and

22         (d)  Act as local sponsor for project components.

23         (5)  In its role as local sponsor for the project, the

24  district shall comply with its responsibilities under this

25  chapter and implement project components through appropriate

26  provisions of this chapter.  In the development of project

27  components, the district shall:

28         (a)  Analyze and evaluate all needs to be met in a

29  comprehensive manner and consider all applicable water

30  resource issues, including water supply, water quality, flood

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  1  protection, threatened and endangered species, and other

  2  natural system and habitat needs;

  3         (b)  Determine with reasonable certainty that all

  4  project components are feasible based upon standard

  5  engineering practices and technologies and are the most

  6  efficient and cost-effective of feasible alternatives or

  7  combination of alternatives, consistent with restudy purposes,

  8  implementation of project components, and operation of the

  9  project;

10         (c)  Determine with reasonable certainty that all

11  project components are consistent with applicable law and

12  regulations, and can be permitted and operated as proposed.

13  For purposes of such determination:

14         1.  The district shall convene a preapplication

15  conference with all state and federal agencies with applicable

16  regulatory jurisdiction;

17         2.  State agencies with applicable regulatory

18  jurisdiction shall participate in the preapplication

19  conference and provide information necessary for the

20  district's determination; and

21         3.  The district shall request that federal agencies

22  with applicable regulatory jurisdiction participate in the

23  preapplication conference and provide information necessary

24  for the district's determination;

25         (d)  Consistent with chapter 373 and federal law,

26  provide reasonable assurances that the quantity of water

27  available to existing legal users shall not be diminished by

28  implementation of project components so as to adversely impact

29  existing legal users, that existing levels of service for

30  flood protection will not be diminished outside the geographic

31  area of the project component, and that water management


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  1  practices will continue to adapt to meet the needs of the

  2  restored natural environment.

  3         (e)  Ensure that implementation of project components

  4  is coordinated with existing utilities and public

  5  infrastructure and that impacts to and relocation of existing

  6  utility or public infrastructure are avoided or minimized.

  7         (6)  The department and the district shall

  8  expeditiously pursue implementation of project modifications

  9  previously authorized by Congress or the Legislature,

10  including the Everglades Construction Project.  Project

11  components should complement and should not delay project

12  modifications previously authorized.

13         (7)  Notwithstanding any provision of this section,

14  nothing herein shall be construed to modify or supplant the

15  authority of the district or the department to prevent harm to

16  the water resources as provided in this chapter.

17         (8)  Final agency action with regard to any project

18  component subject to s. 373.026(8)(b) shall be taken by the

19  department. Actions taken by the district pursuant to s.

20  373.1501(5) shall not be considered final agency action.

21         Section 2.  Subsection (8) of section 373.026, Florida

22  Statutes, is amended to read:

23         373.026  General powers and duties of the

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

25  responsible for the administration of this chapter at the

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

27  the greatest extent possible, the department may enter into

28  interagency or interlocal agreements with any other state

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

30  conducting programs related to or materially affecting the

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


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

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

  3  extent possible:

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

  5  approval necessary to the effectuation of any plan or project

  6  of the Federal Government in connection with or concerning the

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

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

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

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

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

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

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

14  plan will have a significant adverse impact on the sandy

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

16  unless it is revised to mitigate those impacts.

17         (b)  To ensure to the greatest extent possible that

18  project components will go forward as planned, the department

19  shall collaborate with the district in the restudy.  Before

20  any project component is submitted to Congress for

21  authorization or receives an additional appropriation of state

22  funds, the department must approve, or approve with

23  amendments, each project component within 60 days following

24  formal submittal of the project component to the department.

25  Department approval shall be based upon a determination of the

26  district's compliance with s. 373.1501(5).  Once a project

27  component is approved, all requests for an additional

28  appropriation of state funds needed to implement the project

29  component shall be submitted to the department and such

30  requests shall be included in the department's annual request

31  to the Governor.


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  1         (c)  Notwithstanding paragraph (b), the use of state

  2  funds for land purchases from willing sellers is authorized

  3  for projects within the district's approved 5-year plan of

  4  acquisition pursuant to s. 373.59.

  5         (d)  The Executive Office of the Governor, pursuant to

  6  its duties under s. 373.536(5) to approve or disapprove, in

  7  whole or in part, the budget of each water management

  8  district, shall review all proposed expenditures for project

  9  components in the district's budget.

10         (e)(b)  The department, subject to confirmation by the

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

12  negotiation and consummation of any agreement or compact with

13  another state or states concerning waters of the state.

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

15  law.

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