Senate Bill 2322

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    Florida Senate - 1999                                  SB 2322

    By Senator Kirkpatrick





    5-1352-99

  1                      A bill to be entitled

  2         An act relating to the Florida Heritage River

  3         Commission; creating s. 373.027, F.S.; creating

  4         the Florida Heritage River Commission;

  5         authorizing the Department of Enviromental

  6         Protection and the water management districts

  7         to assist in the coordination of state,

  8         regional, and local agencies with the American

  9         Heritage Rivers Program; providing an effective

10         date.

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

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14         Section 1.  Section 373.027, Florida Statutes, is

15  created to read:

16         373.027 Florida Heritage River Commission.--The Florida

17  Heritage River Commission is created to coordinate the efforts

18  of state, regional, and local governments with the American

19  Heritage Rivers Program and the applicable federal agencies

20  responsible for assisting implementation of that program.

21         (1)  The commission has three objectives: natural

22  resource and enviromental protection; economic preservation,

23  development, and revitalization; and historic and cultural

24  preservation.

25         (2)  The Department of Enviromental Protection shall

26  serve as the overall coordinator of state action. The water

27  management district having jurisdiction shall also assist in

28  this effort and shall make one existing position including

29  support staff available to assist in coordination of state

30  actions.

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    Florida Senate - 1999                                  SB 2322
    5-1352-99




  1         (3)  The commission shall be composed of the Secretary

  2  of the Department of Enviromental Protection, the executive

  3  director of the applicable water management district, the

  4  Secretary of State, a representative of Enterprise Florida,

  5  Inc., and a local governmental representative of each county

  6  bordering the St. Johns River. The county representative shall

  7  be designated by a majority of the Board of County

  8  Commissioners in each county. In addition, the Governor, the

  9  President of the Senate, and the Speaker of the House of

10  Representatives shall each appoint a representative to serve

11  on the commission.

12         (4)  The commission shall provide local and state input

13  and direction to the American Heritage Rivers Program. The

14  commission shall act with due regard for the protection of

15  private property rights provided by the United States and

16  Florida Constitutions and the Florida Statutes. A new

17  regulatory authority is not created as a result of the

18  establishment of the commission nor does the commission have

19  standing or authority to sue or intervene in state or federal

20  court. The commission may not interfere with matters of state,

21  regional, or local government jurisdiction.

22         (5)  The commission shall also monitor the progress of

23  the American Heritage River Program and its implementation in

24  regard to the St. Johns River. If the commission finds that

25  the program is not of assistance to the state and its local

26  communities, it shall recommend to the Governor that a process

27  be instituted to terminate the designation.

28         (6)  The commission shall identify existing programs of

29  state, regional, and local governments, as well as those of

30  federal agencies, which may provide assistance to communities

31  along the river, including programs of river conservation,

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    Florida Senate - 1999                                  SB 2322
    5-1352-99




  1  community health and economic revitalization, preservation,

  2  and development. It shall also, to the extent provided by law,

  3  provide sources of financial and technical support for

  4  communities adjacent to the St. Johns River. It shall promote

  5  local community-based efforts to improve communities along the

  6  river.

  7         (7)  The commission shall solicit and receive input and

  8  information from the military, business, industry,

  9  agriculture, manufacturing, marinas, ports, shipbuilding,

10  power plants, and utilities, both public and private, who have

11  an interest in the St. Johns River. The commission shall

12  communicate the information it has collected, including issues

13  and concerns, to the River Navigator and various state, local,

14  and federal government agencies and officials. The commission

15  shall also monitor and report the Navigator's response and

16  action to information provided. The commission shall report on

17  the Navigator's activities pursuant to his or her official

18  duties.

19         (8)  An objective of the commission shall be to improve

20  commercial and sports fishing, boating, and other water-based

21  recreational activities along the river.

22         (9)  The commission shall identify property and

23  installations owned by local governments, the state, or the

24  Federal Government along the river, and means of using that

25  property to improve river conservation and public enjoyment

26  and access to resources in and adjacent to the river.

27         (10)  The commission shall coordinate with the River

28  Navigator, the designated federal coordinator, to ensure that

29  the purposes of this section and the American Heritage Rivers

30  Program are carried out to the benefit of the residents of the

31  state and communities along the St Johns River.

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    Florida Senate - 1999                                  SB 2322
    5-1352-99




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

  2  law.

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  5                          SENATE SUMMARY

  6    Creates the Florida Heritage River Commission to
      coordinate the efforts of state, regional, and local
  7    governments with the Federal American Heritage Rivers
      Program.
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