Senate Bill sb1250

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    Florida Senate - 2001                                  SB 1250

    By Senators Cowin and Brown-Waite





    11-663-01

  1                      A bill to be entitled

  2         An act relating to water management; creating

  3         the Tsala Apopka Chain of Lakes Restoration

  4         Council; providing for its membership, powers,

  5         and duties; requiring the Southwest Florida

  6         Water Management District to provide staff for

  7         the council and to award contracts subject to

  8         an appropriation of funds; providing an

  9         appropriation; providing an effective date.

10

11         WHEREAS, Tsala Apopka Chain of Lakes is a waterbody of

12  historic, hydrologic, and ecological significance, and

13         WHEREAS, Tsala Apopka Chain of Lakes is a major

14  tributary to the Withlacoochee River, and

15         WHEREAS, Tsala Apopka Chain of Lakes is plagued by

16  fluctuating water levels and sedimentation and excessive

17  growth of aquatic plants, which are degrading its water

18  quality and recreational values and adversely affecting the

19  Withlacoochee River, and

20         WHEREAS, Tsala Apopka Chain of Lakes continues to

21  provide wildlife habitat for fish, birds, and game, and offers

22  recreational opportunities for the residents of Citrus County

23  and Central Florida and visitors to the area, despite its

24  current problems, and

25         WHEREAS, the economic potential of Tsala Apopka Chain

26  of Lakes has yet to be tapped, NOW, THEREFORE,

27

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

29

30         Section 1.  Tsala Apopka Chain of Lakes Restoration

31  Council.--There is created within the Southwest Florida Water

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    Florida Senate - 2001                                  SB 1250
    11-663-01




  1  Management District the Tsala Apopka Chain of Lakes

  2  Restoration Council.

  3         (1)(a)  The council shall consist of seven voting

  4  members: two representatives of lakefront property owners, one

  5  environmental engineer, one person with training in biology or

  6  another scientific discipline, one person with training as an

  7  attorney, one person with training as an engineer, and one

  8  representative of the sport fishing industry, all to be

  9  appointed by the Citrus County Commission.  A person serving

10  on the council may not be appointed to any of the council

11  advisory group agencies' councils, board, or commission. The

12  council members shall serve as advisors to the governing board

13  of the Southwest Florida Water Management District.  The

14  council is subject to the provisions of chapter 119 and

15  chapter 120, Florida Statutes.

16         (b)  The council advisory group to the council shall

17  consist of: one representative each from the Southwest Florida

18  Water Management District, the Florida Department of

19  Environmental Protection, the Florida Department of

20  Transportation, the Florida Fish and Wildlife Conservation

21  Commission, the Withlacoochee River Basin Board, and the

22  United States Army Corps of Engineers, to be appointed by

23  their respective agencies, all of whom must have training in

24  biology or another scientific discipline.

25         (2)  Immediately after their appointment, the council

26  shall meet and organize by electing a chair, a vice chair, and

27  a secretary, whose terms shall be for 2 years each.  Council

28  officers shall not serve consecutive terms.  Each council

29  member shall be a voting member.

30         (3)  The council shall meet at the call of its chair,

31  at the request of six of its members, or at the request of the

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    Florida Senate - 2001                                  SB 1250
    11-663-01




  1  chair of the governing board of the Southwest Florida Water

  2  Management District.

  3         (4)  The council shall have the powers and duties to:

  4         (a)  Review audits and all data specifically related to

  5  lake restoration techniques and sport fish population recovery

  6  strategies, including data and strategies for shoreline

  7  restoration, sediment control and removal, exotic species

  8  management, floating tussock management or removal,

  9  navigation, water quality, and fisheries habitat improvement,

10  particularly as they may apply to Tsala Apopka Chain of Lakes.

11         (b)  Evaluate whether additional studies are needed.

12         (c)  Explore all possible sources of funding to conduct

13  the restoration activities.

14         (d)  Advise the governing board of the Southwest

15  Florida Water Management District regarding the best approach

16  to restoring Tsala Apopka Chain of Lakes, and make a

17  recommendation as to which techniques should be part of the

18  restoration program.  The governing board of the Southwest

19  Florida Water Management District shall respond in writing to

20  the council if any recommendations from the council require

21  re-evaluation.  The response shall detail reasons for

22  re-evaluation.

23         (e)  Report to the Legislature before November 25 of

24  each year on the progress of the Tsala Apopka Chain of Lakes

25  restoration plan and any recommendations for the next fiscal

26  year.

27         (5)  The Southwest Florida Water Management District

28  shall provide staff to assist the council in carrying out the

29  provisions of this act.

30         (6)  Members of the council shall receive no

31  compensation for their services, but are entitled to be

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    Florida Senate - 2001                                  SB 1250
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  1  reimbursed for per diem and travel expenses incurred during

  2  execution of their official duties, as provided in section

  3  112.061, Florida Statutes. State and federal agencies shall be

  4  responsible for the per diem and travel expenses of their

  5  respective appointees to the council and the Southwest Florida

  6  Water Management District shall be responsible for per diem

  7  and travel expenses of other appointees to the council.

  8         Section 2.  Tsala Apopka Chain of Lakes Restoration

  9  Program.--

10         (1)  The Southwest Florida Water Management District,

11  in conjunction with the Department of Environmental

12  Protection, the Florida Fish and Wildlife Conservation

13  Commission, the Citrus County Commission, and the Tsala Apopka

14  Chain of Lakes Restoration Council, shall review existing

15  restoration proposals to determine which ones are the most

16  environmentally sound and economically feasible methods of

17  improving the fisheries and natural systems of Tsala Apopka

18  Chain of Lakes.

19         (2)  The Southwest Florida Water Management District,

20  in consultation and by agreement with the Department of

21  Environmental Protection, the Florida Fish and Wildlife

22  Conservation Commission, and pertinent local governments,

23  shall develop tasks to be undertaken by those entities

24  necessary to initiate the Tsala Apopka Chain of Lakes

25  Restoration Program recommended by the Tsala Apopka Chain of

26  Lakes Restoration Council.  These agencies shall:

27         (a)  Evaluate different methodologies for removing the

28  extensive tussocks and build up of organic matter along the

29  shoreline and of the aquatic vegetation in the lake; and

30         (b)  Conduct any additional studies as recommended by

31  the Tsala Apopka Chain of Lakes Restoration Council.

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    Florida Senate - 2001                                  SB 1250
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  1         (3)  Contingent on the Legislature appropriating funds

  2  for the Tsala Apopka Chain of Lakes Restoration Program and in

  3  conjunction with financial participation by federal, other

  4  state, and local governments, the appropriate agencies shall

  5  through competitive bid award contracts to implement the

  6  activities of the Tsala Apopka Chain of Lakes Restoration

  7  Program.

  8         Section 3.  The sum of $45,000 is appropriated from the

  9  General Revenue Fund to the Southwest Florida Water Management

10  District for the purpose of paying administrative, per diem,

11  and travel expenses of the Tsala Apopka Chain of Lakes

12  Restoration Council.

13         Section 4.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                          SENATE SUMMARY

18    Creates the Tsala Apopka Chain of Lakes Restoration
      Council and provides for its membership, powers, and
19    duties. Requires the Southwest Florida Water Management
      District to staff the council. Provides an appropriation.
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