House Bill hb0161e2

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




                                   CS/HB 161, Second Engrossed/ntc



  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 effective dates.

16

17         WHEREAS, the waterways of Citrus and Hernando Counties

18  are of historic, hydrological, and ecological significance,

19  and

20         WHEREAS, most of these Citrus/Hernando waterways are

21  Outstanding Florida Waterways or are in the application

22  process to become Outstanding Florida Waterways, and

23         WHEREAS, the Citrus/Hernando waterways are plagued by

24  fluctuating water levels and sedimentation, increasing nitrate

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

26  and excessive growth of aquatic plants, which are degrading

27  their water quality and recreational value, and

28         WHEREAS, despite their current problems, the

29  Citrus/Hernando waterways continue to provide wildlife habitat

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

31


                                  1

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






                                   CS/HB 161, Second Engrossed/ntc



  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 Basins 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  The lead agency shall be the Fish and Wildlife Conservation

23  Commission.

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

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

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

27  of Representatives.

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

29  members as follows:

30         1.  An attorney from each county.

31


                                  2

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






                                   CS/HB 161, Second Engrossed/ntc



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

  2  of commerce from each county.

  3         3.  An environmental engineer from each county.

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

  5  appoint council members as follows:

  6         1.  A waterfront property owner from each county.

  7         2.  An engineer from each county.

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

  9  or another scientific discipline.

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

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

12  make recommendations on specific waterways within their

13  respective counties.

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

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

16  one representative each from the Southwest Florida Water

17  Management District, the Department of Environmental

18  Protection, the Department of Transportation, the Fish and

19  Wildlife Conservation Commission, the Coastal Rivers Basin

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

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

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

23  with the exception of the representatives from the

24  Withlacoochee River Basin Board and the Coastal Rivers Basin

25  Board, shall have had training in biology or another

26  scientific discipline.

27         (5)  Immediately after appointment, the council shall

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

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

30  officers shall not serve consecutive terms. Each council

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


                                  3

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






                                   CS/HB 161, Second Engrossed/ntc



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

  2  terms shall be for 2 years each.

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

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

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

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

  7  lake and river restoration techniques and sport fish

  8  population recovery strategies, including data and strategies

  9  for shoreline restoration, sand and other sediment control and

10  removal, exotic species management, floating tussock

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

12  wildlife habitat improvement, particularly as they may apply

13  to the Citrus/Hernando waterways.

14         (b)  Evaluate whether additional studies are needed.

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

16  the restoration activities, including funds provided to any

17  advisory group agency for restoration purposes.

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

19  Representatives and the President of the Senate before

20  November 25 of each year on the progress of the

21  Citrus/Hernando Waterways restoration program and any

22  recommendations for the next fiscal year.

23         (8)  The Southwest Florida Water Management District

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

25  provisions of this act.

26         (9)  Members of the council shall receive no

27  compensation for their services but are entitled to be

28  reimbursed for the per diem and travel expenses incurred

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

30  112.061, Florida Statutes. State and federal agencies shall be

31  responsible for the per diem and travel expenses of their


                                  4

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






                                   CS/HB 161, Second Engrossed/ntc



  1  representatives on the technical advisory group, and the

  2  Southwest Florida Water Management District shall be

  3  responsible for per diem and travel expenses of council

  4  members.

  5         Section 2.  Citrus/Hernando Waterways restoration

  6  program.--

  7         (1)  The Fish and Wildlife Conservation Commission and

  8  the Southwest Florida Water Management District, in

  9  conjunction with the Department of Environmental Protection,

10  pertinent local governments, and the Citrus/Hernando Waterways

11  Restoration Council, shall review existing restoration

12  proposals to determine which provide the most environmentally

13  sound and economically feasible methods of improving the fish

14  and wildlife habitat and natural systems of the

15  Citrus/Hernando waterways.

16         (2)  To initiate the Citrus/Hernando Waterways

17  restoration program recommended by the Citrus/Hernando

18  Waterways Restoration Council, the Fish and Wildlife

19  Conservation Commission, with assistance from the Southwest

20  Florida Water Management District and in consultation and by

21  agreement with the Department of Environmental Protection and

22  pertinent local governments, shall develop tasks to be

23  considered by those entities for the enhancement of fish and

24  wildlife habitat. These agencies shall:

25         (a)  Evaluate different methodologies for removing the

26  extensive tussocks and buildup of organic matter along the

27  shoreline and of the aquatic vegetation in the lake.

28         (b)  Conduct any additional studies as recommended by

29  the Citrus/Hernando Waterways Restoration Council.

30         (3)  Contingent upon the Legislature's appropriating

31  funds for the Citrus/Hernando Waterways restoration program


                                  5

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






                                   CS/HB 161, Second Engrossed/ntc



  1  and in conjunction with financial participation by federal,

  2  other state, and local governments, the appropriate agencies

  3  shall, through competitive bid, award contracts to implement

  4  the activities of the Citrus/Hernando Waterways restoration

  5  program.

  6         Section 3.  The Fish and Wildlife Conservation

  7  Commission is authorized to conduct a demonstration

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

  9  purpose of removing, with proper permits, overlying

10  undesirable vegetation and associated organic material down to

11  mineralized soils, thus allowing for the establishment of a

12  more desirable aquatic plant community on hard, sandy

13  substrate and creating better habitat for fish and wildlife.

14         Section 4.  The Southwest Florida Water Management

15  District is authorized to conduct a demonstration restoration

16  project on the Weeki Wachee River with proper permits to

17  improve water flow by implementing a sand containment and

18  erosion control project. The project may include other

19  restoration activities related to improving water flow.

20         Section 5.  Except as otherwise provided herein, this

21  act shall take effect upon becoming a law.

22

23

24

25

26

27

28

29

30

31


                                  6

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