House Bill 2423
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Florida House of Representatives - 2000 HB 2423
By Representative Garcia
1 A bill to be entitled
2 An act relating to equal protection for the
3 Everglades and Florida Bay; creating the
4 "Everglades/Florida Bay Equal Protection and
5 Flood Control Assurances Act of 2000";
6 providing definitions; providing legislative
7 findings and intent; directing the South
8 Florida Water Management District to implement
9 certain protections for Florida Bay and the
10 Everglades; restricting use of certain land
11 acquisition funds; directing the district to
12 review and make recommendations regarding flood
13 protection in specified areas; requiring public
14 hearings; requiring a report; providing an
15 effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Everglades/Florida Bay Equal Protection and
20 Flood Control Assurances Act of 2000.--
21 (1) SHORT TITLE.--This section may be cited as the
22 "Everglades/Florida Bay Equal Protection and Flood Control
23 Assurances Act of 2000."
24 (2) DEFINITIONS.--For purposes of this section, the
25 following terms are defined as indicated:
26 (a) "C-111 Canal Project" means the project of the
27 same name identified in the Final General Reevaluation Report
28 and Environmental Impact Statement produced by the United
29 States Army Corps of Engineers, dated May 1994.
30 (b) "Everglades Protection Area" means the water
31 conservation areas in the Everglades National Park, including
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1 those parts of Florida Bay lying within Everglades National
2 Park.
3 (c) "Modified Water Deliveries Project" means the
4 project of the same name identified in the General Design
5 Memorandum and Environmental Impact Statement by the United
6 States Army Corps of Engineers, dated 1992, and as provided in
7 s. 104, Pub. L. No. 101-229, including the protections
8 required by s. 104(c) therein.
9 (d) "Restudy" means the Comprehensive Review Study by
10 the United States Army Corps of Engineers, dated April 1999.
11 (3) FINDINGS AND INTENT.--
12 (a) The Legislature finds that the current design and
13 operation of the Central and Southern Florida Project,
14 hereinafter known as the "Project," and other related
15 facilities operated by the South Florida Water Management
16 District do not provide all parts of the Everglades with equal
17 treatment with respect to water management and ecosystem
18 protection. It is also apparent that the flood protection
19 benefits to be provided by the Project have not been attained
20 in many populated areas.
21 (b) The Legislature finds that immediate and long-term
22 protection of the Everglades and Florida Bay can best be
23 served by expediting the construction of the Modified Water
24 Deliveries Project approved by Congress in 1989 and the C-111
25 Canal Project approved by the United States Army Corps of
26 Engineers in 1995.
27 (c) It is the intent of the Legislature that the
28 Everglades Protection Area be managed to achieve equal
29 protection and restoration benefits throughout and that a
30 thorough review be conducted to identify changes necessary to
31 reduce flood damage to agricultural and urban property.
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1 (4) PROTECTION FOR FLORIDA BAY AND THE EVERGLADES.--
2 (a) The South Florida Water Management District is
3 directed to support immediate implementation of the Modified
4 Water Deliveries Project, as defined and provided in s. 104,
5 Pub. L. No. 101-229, and in the General Design Memorandum and
6 Environmental Impact submitted to Congress, dated 1992, with
7 only such changes as are within and consistent with the
8 general scope of the General Design Memorandum and the
9 Environmental Impact Statement and in all cases providing the
10 protections required in s. 104(c), Pub. L. No. 101-229. No
11 land acquisition funds made available to the district from any
12 state or federal source shall be used to purchase property
13 east of the proposed seepage levee recommended in the above
14 General Design Memorandum and Environmental Impact Statement.
15 (b) The South Florida Water Management District is
16 further directed to expedite the construction of the C-111
17 Canal Project. Once constructed, the S-332A through S-332D
18 structures shall be operated at the levels specified in the
19 recommended plan of the Restudy in order to provide the most
20 benefits to Florida Bay while providing acceptable levels of
21 flood protection for the private property east of the
22 Everglades.
23 (5) FLOOD PROTECTION.--The South Florida Water
24 Management District shall conduct a detailed review and
25 provide a report to the Legislature on the flooding associated
26 with Hurricane Irene, with the purpose of determining whether
27 water management facilities were maintained properly prior to
28 the storm and whether all appropriate actions were taken prior
29 to, during, and after the flood. The report shall also
30 document areas with inadequate flood protection and make
31 recommendations on the action necessary to provide an
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1 appropriate level of protection to these areas. The review
2 shall include a full opportunity for public input and shall
3 include at least four public hearings in Miami-Dade and
4 Broward Counties. At least one of the public hearings in each
5 county must be conducted by the Governing Board of the South
6 Florida Water Management District. The final report shall be
7 adopted by the governing board and submitted to the Speaker of
8 the House of Representatives and the President of the Senate
9 no later than November 1, 2000.
10 Section 2. This act shall take effect upon becoming a
11 law.
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14 HOUSE SUMMARY
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Creates the "Everglades/Florida Bay Equal Protection and
16 Flood Control Assurances Act of 2000." Provides
definitions. Provides Legislative findings and intent.
17 Directs the South Florida Water Management District to
implement described protections for Florida Bay and the
18 Everglades. Provides a restriction on the district's use
of state or federal land acquisition funds to purchase
19 property. Directs the district to review and make
recommendations regarding flood protection in certain
20 areas in Miami-Dade and Broward Counties. Provides for
public hearings in both counties and submission of a
21 report to the Legislature by November 1, 2000.
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