Senate Bill 1686

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    Florida Senate - 2000                                  SB 1686

    By Senator Bronson





    312-1474-00

  1                      A bill to be entitled

  2         An act relating to water management districts;

  3         amending s. 373.083, F.S.; authorizing a water

  4         management district governing board to delegate

  5         its powers, duties, and functions to district

  6         staff; amending s. 373.414, F.S.; revising the

  7         criteria to be considered in determining the

  8         cumulative impacts of activities upon surface

  9         waters and wetlands; 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.  Subsection (5) is added to section 373.083,

15  Florida Statutes, to read:

16         373.083  General powers and duties of the governing

17  board.--In addition to other powers and duties allowed it by

18  law, the governing board is authorized to:

19         (5)  Execute any of the powers, duties, and functions

20  vested in the governing board through the executive director

21  and other district staff as designated by the governing board.

22  This authority is supplemental to any other provision of this

23  chapter granting authority to the governing board to delegate

24  specific powers, duties, and functions.

25         Section 2.  Subsection (8) of section 373.414, Florida

26  Statutes, is amended to read:

27         373.414  Additional criteria for activities in surface

28  waters and wetlands.--

29         (8)(a)  The governing board or the department, in

30  deciding whether to grant or deny a permit for an activity

31  regulated under this part shall consider the cumulative

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    Florida Senate - 2000                                  SB 1686
    312-1474-00




  1  impacts upon surface water and wetlands, as delineated in s.

  2  373.421(1), within the same drainage basin as defined in s.

  3  373.403(9), of:

  4         1.(a)  The activity for which the permit is sought.

  5         2.(b)  Projects which are existing or activities

  6  regulated under this part which are under construction or

  7  projects for which permits or determinations pursuant to s.

  8  373.421 or s. 403.914 have been sought.

  9         3.(c)  Activities which are under review, approved, or

10  vested pursuant to s. 380.06, or other activities regulated

11  under this part which may reasonably be expected to be located

12  within surface waters or wetlands, as delineated in s.

13  373.421(1), in the same drainage basin as defined in s.

14  373.403(9), based upon the comprehensive plans, adopted

15  pursuant to chapter 163, of the local governments having

16  jurisdiction over the activities, or applicable land use

17  restrictions and regulations.

18         (b)  If an applicant proposes mitigation within the

19  same drainage basin as the adverse effects to be mitigated and

20  if the mitigation offsets these adverse effects, the governing

21  board and department shall consider the regulated activity to

22  meet the requirements of paragraph (a). However, this

23  paragraph may not be construed to prohibit mitigation outside

24  the drainage basin which offsets the adverse effects within

25  the drainage basin.

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

27  law.

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    Florida Senate - 2000                                  SB 1686
    312-1474-00




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  2                          SENATE SUMMARY

  3    Authorizes a water management district governing board to
      delegate its powers to district staff. Revises the
  4    criteria for determining the cumulative impacts on
      surface water and wetlands.
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