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.

16

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

18

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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    Florida House of Representatives - 2000                HB 2423

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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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    Florida House of Representatives - 2000                HB 2423

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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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13            *****************************************

14                          HOUSE SUMMARY

15
      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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