House Bill 1887c1

    Florida House of Representatives - 2000             CS/HB 1887

        By the Committee on Environmental Protection and
    Representative Argenio





  1                      A bill to be entitled

  2         An act relating to the South Florida Water

  3         Management District; amending s. 373.1501,

  4         F.S.; providing definitions; providing for

  5         acquisition of certain lands by eminent domain

  6         by the South Florida Water Management District;

  7         providing an effective date.

  8

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

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

12  373.1501, Florida Statutes, are amended to read:

13         373.1501  South Florida Water Management District as

14  local sponsor.--

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

16  term:

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

18  the Central and Southern Florida Flood Control Project, Real

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

20  Florida.

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

22  Protection.

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

24  Management District.

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

26  project identified in the Project Cooperation Agreement

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

28  Florida Water Management District dated March 22, 1994.

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

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

31  Acquisition and Management Plan approved by the South Florida

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 1887

    194-141-00






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

  2  99-94).

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

  4  Florida Project.

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

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

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

  8  of January 1, 1999.

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

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

11  participation was authorized by the federal Water Resources

12  Development Acts of 1992 and 1996 together with related

13  Congressional resolutions and for which participation by the

14  South Florida Water Management District is authorized by this

15  section. The term includes all actions undertaken pursuant to

16  the aforementioned authorizations which will result in

17  recommendations for modifications or additions to the Central

18  and Southern Florida Project.

19         (i)  "Southern CREW Project" means the area described

20  in the Critical Restoration Project Contract C-9906 Southern

21  CREW Project Addition/Imperial River Flowway and approved by

22  the South Florida Water Management District on August 12,

23  1999.

24         (j)(i)  "Ten Mile Creek Project" means the Ten Mile

25  Creek Water Preserve Area identified in the Central and

26  Southern Florida Ecosystem Critical Project Letter Report

27  dated April 13, 1998.

28         (k)(h)  "Water Preserve Areas" means those areas

29  located only within Palm Beach and Broward counties that are

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

31  Florida Water Management District Governing Board on September

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 1887

    194-141-00






  1  11, 1997, and shall include all of those lands within Cell 11

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

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

  4  dated January 31, 2000, SFWMD #10953.

  5         (3)  The Legislature declares that the Kissimmee River

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

  7  the Southern CREW Project, the Pal-Mar Project, and the C-111

  8  Project are in the public interest, for a public purpose, and

  9  necessary for the public health and welfare. The governing

10  board of the district is empowered and authorized to acquire

11  fee title or easement by eminent domain for the limited

12  purposes of implementing the Kissimmee River Project, the Ten

13  Mile Creek Project, the Water Preserve Areas, the Southern

14  CREW Project, the Pal-Mar Project, and the C-111 Project. Any

15  acquisition of real property, including by eminent domain, for

16  those objectives constitutes a public purpose for which it is

17  in the public interest to expend public funds. Notwithstanding

18  any provision of law to the contrary, such properties shall

19  not be removed from the district's plan of acquisition, and

20  the use of state funds for these properties is authorized. In

21  the absence of willing sellers, any land necessary for

22  implementing the projects in this subsection shall be acquired

23  in accordance with state condemnation law pursuant to chapters

24  73 and 74.

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

26  law.

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