Senate Bill 1372c1

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    Florida Senate - 2000                           CS for SB 1372

    By the Committee on Natural Resources and Senator Bronson





    312-2008-00

  1                      A bill to be entitled

  2         An act relating to land acquisition by the

  3         South Florida Water Management District;

  4         amending s. 373.1501, F.S.; providing

  5         definitions; providing for acquisition of

  6         certain land by eminent domain by the South

  7         Florida Water Management District; providing an

  8         effective date.

  9

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

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12         Section 1.  Subsections (1) and (3) of section

13  373.1501, Florida Statutes, are amended to read:

14         373.1501  South Florida Water Management District as

15  local sponsor.--

16         (1)  As used in this section and s. 373.026(8), the

17  term:

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

19  the Central and Southern Florida Flood Control Project, Real

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

21  Florida.

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

23  Protection.

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

25  Management District.

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

27  project identified in the Project Cooperation Agreement

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

29  Florida Water Management District dated March 22, 1994.

30         (e)  "Pal-Mar Project" means the Pal-Mar (West Jupiter

31  Wetlands) lands identified in the Save Our Rivers 2000 Land

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    Florida Senate - 2000                           CS for SB 1372
    312-2008-00




  1  Acquisition and Management Plan approved by the South Florida

  2  Water Management District on September 9, 1999, (Resolution

  3  99-94).

  4         (f)(e)  "Project" means the Central and Southern

  5  Florida Project.

  6         (g)(f)  "Project Component" means any structural or

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

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

  9  of January 1, 1999.

10         (h)(g)  "Restudy" means the Comprehensive Review Study

11  of the Central and Southern Florida Project, for which federal

12  participation was authorized by the federal Water Resources

13  Development Acts of 1992 and 1996 together with related

14  Congressional resolutions and for which participation by the

15  South Florida Water Management District is authorized by this

16  section. The term includes all actions undertaken pursuant to

17  the aforementioned authorizations which will result in

18  recommendations for modifications or additions to the Central

19  and Southern Florida Project.

20         (i)  "Southern Corkscrew Regional Ecosystem Watershed

21  Project" means the area described in the Critical Restoration

22  Project Contract C-9906 Southern Corkscrew Regional Ecosystem

23  Watershed Project Addition/Imperial River Flowway and approved

24  by the South Florida Water Management District on August 12,

25  1999.

26         (j)(h)  "Water Preserve Areas" means those areas

27  located only within Palm Beach and Broward counties that are

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

29  Florida Water Management District Governing Board on September

30  11, 1997, and shall include all of those lands within Cell II

31  of the East Coast Buffer in Broward County as delineated in

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    Florida Senate - 2000                           CS for SB 1372
    312-2008-00




  1  the boundary survey prepared by Stoner and Associates, Inc.,

  2  dated January 31, 2000, SWFWMD #10953.

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

  4  Creek Water Preserve Area identified in the Central and

  5  Southern Florida Ecosystem Critical Project Letter Report

  6  dated April 13, 1998.

  7         (3)  The Legislature declares that the Kissimmee River

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

  9  the Southern Corkscrew Regional Ecosystem Watershed Project,

10  the Pal-Mar Project, and the C-111 Project are in the public

11  interest, for a public purpose, and necessary for the public

12  health and welfare. The governing board of the district is

13  empowered and authorized to acquire fee title or easement by

14  eminent domain for the limited purposes of implementing the

15  Kissimmee River Project, the Ten Mile Creek Project, the Water

16  Preserve Areas, the Southern Corkscrew Regional Ecosystem

17  Watershed Project, the Pal-Mar Project, and the C-111 Project.

18  Any acquisition of real property, including by eminent domain,

19  for those objectives constitutes a public purpose for which it

20  is in the public interest to expend public funds.

21  Notwithstanding any provision of law to the contrary, such

22  properties shall not be removed from the district's plan of

23  acquisition, and the use of state funds for these properties

24  is authorized. In the absence of willing sellers, any land

25  necessary for implementing the projects in this subsection

26  shall be acquired in accordance with state condemnation law

27  pursuant to chapters 73 and 74.

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

29  law.

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    Florida Senate - 2000                           CS for SB 1372
    312-2008-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1372

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  4  The committee substitute allows the South Florida Water
    Management District to acquire lands in the Southern Corkscrew
  5  Regional Ecosystem Watershed Project, the Pal-Mar Project, and
    lands within Cell 11 of the East Coast Buffer in Broward
  6  County by exercising its powers of eminent domain.

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