House Bill hb0161c1

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    Florida House of Representatives - 2001              CS/HB 161

        By the Committee on Natural Resources & Environmental
    Protection and Representatives Argenziano, Russell and Gibson





  1                      A bill to be entitled

  2         An act relating to water management; creating

  3         the Citrus/Hernando Waterways Restoration

  4         Council; providing for membership, powers, and

  5         duties; providing for separate county task

  6         forces; providing for an advisory group to the

  7         council; providing for a report to the

  8         Legislature; requiring the Southwest Florida

  9         Water Management District to provide staff for

10         the council; providing for a Citrus/Hernando

11         Waterways restoration program; providing

12         program tasks; providing for award of contracts

13         subject to an appropriation of funds; providing

14         for demonstration restoration projects;

15         providing appropriations; providing effective

16         dates.

17

18         WHEREAS, the waterways of Citrus and Hernando Counties

19  are of historic, hydrological, and ecological significance,

20  and

21         WHEREAS, most of these Citrus/Hernando waterways are

22  Outstanding Florida Waterways or are in the application

23  process to become Outstanding Florida Waterways, and

24         WHEREAS, the Citrus/Hernando waterways are plagued by

25  fluctuating water levels and sedimentation, increasing nitrate

26  levels, and sand movement, causing blockage of natural springs

27  and excessive growth of aquatic plants, which are degrading

28  their water quality and recreational value, and

29         WHEREAS, despite their current problems, the

30  Citrus/Hernando waterways continue to provide wildlife habitat

31  for fish, birds, and game and offer recreational opportunities

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    Florida House of Representatives - 2001              CS/HB 161

    194-150-01






  1  for the residents of Citrus and Hernando Counties and visitors

  2  to the area, and

  3         WHEREAS, the renewable economic potential of the

  4  Citrus/Hernando waterways is significant, and

  5         WHEREAS, the Southwest Florida Water Management

  6  District and the Fish and Wildlife Conservation Commission,

  7  along with other state, regional, and local entities, have

  8  developed proposals to restore portions of the Citrus/Hernando

  9  waterways, NOW, THEREFORE,

10

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

12

13         Section 1.  (1)  Citrus/Hernando Waterways Restoration

14  Council.--There is created within the Withlacoochee and

15  Coastal Rivers Basin Boards of the Southwest Florida Water

16  Management District the Citrus/Hernando Waterways Restoration

17  Council. The council shall be coordinated by representatives

18  of the Fish and Wildlife Conservation Commission, the

19  Department of Environmental Protection, and the Southwest

20  Florida Water Management District. The council is subject to

21  the provisions of chapters 119 and 120, Florida Statutes.

22         (2)  The council shall consist of 12 voting members,

23  six of whom shall be appointed by the President of the Senate

24  and six of whom shall be appointed by the Speaker of the House

25  of Representatives.

26         (a)  The President of the Senate shall appoint council

27  members as follows:

28         1.  An attorney from each county.

29         2.  A member of the board of directors of the chamber

30  of commerce from each county.

31         3.  An environmental engineer from each county.

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    Florida House of Representatives - 2001              CS/HB 161

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  1         (b)  The Speaker of the House of Representatives shall

  2  appoint council members as follows:

  3         1.  A waterfront property owner from each county.

  4         2.  An engineer from each county.

  5         3.  A person from each county with training in biology

  6  or another scientific discipline.

  7         (3)  The council members from each county shall form

  8  two separate county task forces from the council to review and

  9  make recommendations on specific waterways within their

10  respective counties.

11         (4)  There shall be a technical advisory group to the

12  council and the two county task forces which shall consist of

13  one representative each from the Southwest Florida Water

14  Management District, the Department of Environmental

15  Protection, the Department of Transportation, the Fish and

16  Wildlife Conservation Commission, the Coastal Rivers Basin

17  Board, the Withlacoochee River Basin Board, and the United

18  States Army Corps of Engineers, each of whom shall be

19  appointed by his or her respective agency and each of whom,

20  with the exception of the representatives from the

21  Withlacoochee River Basin Board and the Coastal Rivers Basin

22  Board, shall have had training in biology or another

23  scientific discipline.

24         (5)  Immediately after appointment, the council shall

25  meet and organize by electing a chair, a vice chair, and a

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

27  officers shall not serve consecutive terms. Each council

28  member shall be a voting member. Additionally, the two county

29  task forces shall each elect a chair and a secretary, whose

30  terms shall be for 2 years each.

31

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    Florida House of Representatives - 2001              CS/HB 161

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  1         (6)  The council or a county task force shall meet at

  2  the call of its chair or at the request of six of its members.

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

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

  5  lake and river restoration techniques and sport fish

  6  population recovery strategies, including data and strategies

  7  for shoreline restoration, sand and other sediment control and

  8  removal, exotic species management, floating tussock

  9  management or removal, navigation, water quality, and fish and

10  wildlife habitat improvement, particularly as they may apply

11  to the Citrus/Hernando waterways.

12         (b)  Evaluate whether additional studies are needed.

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

14  the restoration activities, including funds provided to any

15  advisory group agency for restoration purposes.

16         (d)  Report to the Speaker of the House of

17  Representatives and the President of the Senate before

18  November 25 of each year on the progress of the

19  Citrus/Hernando Waterways restoration program and any

20  recommendations for the next fiscal year.

21         (8)  The Southwest Florida Water Management District

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

23  provisions of this act.

24         (9)  Members of the council shall receive no

25  compensation for their services but are entitled to be

26  reimbursed for the per diem and travel expenses incurred

27  during execution of their official duties, as provided in s.

28  112.061, Florida Statutes. State and federal agencies shall be

29  responsible for the per diem and travel expenses of their

30  representatives on the technical advisory group, and the

31  Southwest Florida Water Management District shall be

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    Florida House of Representatives - 2001              CS/HB 161

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  1  responsible for per diem and travel expenses of council

  2  members.

  3         Section 2.  Citrus/Hernando Waterways restoration

  4  program.--

  5         (1)  The Fish and Wildlife Conservation Commission and

  6  the Southwest Florida Water Management District, in

  7  conjunction with the Department of Environmental Protection,

  8  pertinent local governments, and the Citrus/Hernando Waterways

  9  Restoration Council, shall review existing restoration

10  proposals to determine which provide the most environmentally

11  sound and economically feasible methods of improving the fish

12  and wildlife habitat and natural systems of the

13  Citrus/Hernando waterways.

14         (2)  To initiate the Citrus/Hernando Waterways

15  restoration program recommended by the Citrus/Hernando

16  Waterways Restoration Council, the Fish and Wildlife

17  Conservation Commission, with assistance from the Southwest

18  Florida Water Management District and in consultation and by

19  agreement with the Department of Environmental Protection and

20  pertinent local governments, shall develop tasks to be

21  undertaken by those entities for the enhancement of fish and

22  wildlife habitat. These agencies shall:

23         (a)  Evaluate different methodologies for removing the

24  extensive tussocks and buildup of organic matter along the

25  shoreline and of the aquatic vegetation in the lake.

26         (b)  Conduct any additional studies as recommended by

27  the Citrus/Hernando Waterways Restoration Council.

28         (3)  Contingent upon the Legislature's appropriating

29  funds for the Citrus/Hernando Waterways restoration program

30  and in conjunction with financial participation by federal,

31  other state, and local governments, the appropriate agencies

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    Florida House of Representatives - 2001              CS/HB 161

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  1  shall, through competitive bid, award contracts to implement

  2  the activities of the Citrus/Hernando Waterways restoration

  3  program.

  4         Section 3.  Effective July 1, 2001, the sum of $45,000

  5  is appropriated from the General Revenue Fund to the Southwest

  6  Florida Water Management District for the purpose of paying

  7  administrative, per diem, and travel expenses of the

  8  Citrus/Hernando Waterways Restoration Council.

  9         Section 4.  The Fish and Wildlife Conservation

10  Commission is authorized to conduct a demonstration

11  restoration project on the Tsala-Apopka Chain of Lakes for the

12  purpose of removing, with proper permits, overlying

13  undesirable vegetation and associated organic material down to

14  mineralized soils, thus allowing for the establishment of a

15  more desirable aquatic plant community on hard, sandy

16  substrate and creating better habitat for fish and wildlife.

17  Effective July 1, 2001, the sum of $100,000 is appropriated

18  from the General Revenue Fund to the Fish and Wildlife

19  Conservation Commission for the purpose of conducting the

20  demonstration restoration project.

21         Section 5.  The Southwest Florida Water Management

22  District is authorized to conduct a demonstration restoration

23  project on the Weeki Wachee River to improve water flow by

24  implementing a sand containment and erosion control project.

25  The project may include other restoration activities related

26  to improving water flow.

27         Section 6.  Except as otherwise provided herein, this

28  act shall take effect upon becoming a law.

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