SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
                            CHAMBER ACTION
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11  Senator Laurent moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Effective July 1, 2002, subsection (3) of
18  section 259.101, Florida Statutes, is amended to read:
19         259.101  Florida Preservation 2000 Act.--
20         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
21  costs of issuance, the costs of funding reserve accounts, and
22  other costs with respect to the bonds, the proceeds of bonds
23  issued pursuant to this act shall be deposited into the
24  Florida Preservation 2000 Trust Fund created by s. 375.045.
25  Beginning in fiscal year 2002-2003, funds from the
26  unencumbered cash balance less approved commitments remaining
27  in the agency subaccounts in the Preservation 2000 Trust Fund
28  may be used by those agencies to fund projects described in
29  paragraphs (3)(a)-(h) of s. 259.105 which meet the criteria
30  for funding pursuant to the Florida Forever Program or the
31  Florida Preservation 2000 Program. Starting in fiscal year
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  2001-2002, from the cash balance less approved commitments
 2  encumbered that is remaining in the Florida Preservation 2000
 3  Trust Fund, the Legislature shall appropriate up to $75
 4  million from the Florida Preservation 2000 Trust Fund to the
 5  Save Our Everglades Trust Fund to be used for the acquisition
 6  of lands needed for restoration of the Florida Everglades
 7  pursuant to s. 373.470. Furthermore, the remaining cash
 8  balances available for the Preservation 2000 programs
 9  described in paragraphs (a)-(g) shall be adjusted pro rata for
10  the amount appropriated by the Legislature. Additionally, any
11  cash balances less approved commitments encumbered available
12  to the programs described in paragraphs (a)-(g) at the time
13  the first series of Florida Forever Program bonds is issued
14  and proceeds are deposited into the Florida Forever Trust Fund
15  shall be reserved and remain unavailable for expenditure for
16  projects pursuant to the Florida Preservation 2000 Program
17  until and unless the programs receiving an allocation under
18  the Florida Forever Program described in paragraphs (3)(a)-(h)
19  of s. 259.105, respectively, have encumbered all funds
20  available from the first Florida Forever Program bond issue.
21  To the extent that projects eligible for Preservation 2000
22  funds can also be eligible for Florida Forever funds, the
23  proceeds from Florida Forever bonds may be used to complete
24  transactions begun with Preservation 2000 funds or meet cash
25  needs for property transactions begun in fiscal year
26  2000-2001. The remaining proceeds shall be distributed by the
27  Department of Environmental Protection in the following
28  manner:
29         (a)  Fifty percent to the Department of Environmental
30  Protection for the purchase of public lands as described in s.
31  259.032. Of this 50 percent, at least one-fifth shall be used
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  for the acquisition of coastal lands.
 2         (b)  Thirty percent to the Department of Environmental
 3  Protection for the purchase of water management lands pursuant
 4  to s. 373.59, to be distributed among the water management
 5  districts as provided in that section. Funds received by each
 6  district may also be used for acquisition of lands necessary
 7  to implement surface water improvement and management plans
 8  approved in accordance with s. 373.456 or for acquisition of
 9  lands necessary to implement the Everglades Construction
10  Project authorized by s. 373.4592.
11         (c)  Ten percent to the Department of Community Affairs
12  to provide land acquisition grants and loans to local
13  governments through the Florida Communities Trust pursuant to
14  part III of chapter 380.  From funds allocated to the trust,
15  $3 million annually shall be used by the Division of State
16  Lands within the Department of Environmental Protection to
17  implement the Green Swamp Land Protection Initiative
18  specifically for the purchase of conservation easements, as
19  defined in s. 380.0677(4), of lands, or severable interests or
20  rights in lands, in the Green Swamp Area of Critical State
21  Concern.  From funds allocated to the trust, $3 million
22  annually shall be used by the Monroe County Comprehensive Plan
23  Land Authority specifically for the purchase of any real
24  property interest in either those lands subject to the Rate of
25  Growth Ordinances adopted by local governments in Monroe
26  County or those lands within the boundary of an approved
27  Conservation and Recreation Lands project located within the
28  Florida Keys or Key West Areas of Critical State Concern;
29  however, title to lands acquired within the boundary of an
30  approved Conservation and Recreation Lands project may, in
31  accordance with an approved joint acquisition agreement, vest
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  in the Board of Trustees of the Internal Improvement Trust
 2  Fund.  Of the remaining funds allocated to the trust after the
 3  above transfers occur, one-half shall be matched by local
 4  governments on a dollar-for-dollar basis.  To the extent
 5  allowed by federal requirements for the use of bond proceeds,
 6  the trust shall expend Preservation 2000 funds to carry out
 7  the purposes of part III of chapter 380.
 8         (d)  Two and nine-tenths percent to the Department of
 9  Environmental Protection for the purchase of inholdings and
10  additions to state parks. For the purposes of this paragraph,
11  "state park" means all real property in the state under the
12  jurisdiction of the Division of Recreation and Parks of the
13  department, or which may come under its jurisdiction.
14         (e)  Two and nine-tenths percent to the Division of
15  Forestry of the Department of Agriculture and Consumer
16  Services to fund the acquisition of state forest inholdings
17  and additions pursuant to s. 589.07.
18         (f)  Two and nine-tenths percent to the Fish and
19  Wildlife Conservation Commission to fund the acquisition of
20  inholdings and additions to lands managed by the commission
21  which are important to the conservation of fish and wildlife.
22         (g)  One and three-tenths percent to the Department of
23  Environmental Protection for the Florida Greenways and Trails
24  Program, to acquire greenways and trails or greenways and
25  trails systems pursuant to chapter 260, including, but not
26  limited to, abandoned railroad rights-of-way and the Florida
27  National Scenic Trail.
28  
29  Local governments may use federal grants or loans, private
30  donations, or environmental mitigation funds, including
31  environmental mitigation funds required pursuant to s.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  338.250, for any part or all of any local match required for
 2  the purposes described in this subsection.  Bond proceeds
 3  allocated pursuant to paragraph (c) may be used to purchase
 4  lands on the priority lists developed pursuant to s. 259.035.
 5  Title to lands purchased pursuant to paragraphs (a), (d), (e),
 6  (f), and (g) shall be vested in the Board of Trustees of the
 7  Internal Improvement Trust Fund. Title to lands purchased
 8  pursuant to paragraph (c) may be vested in the Board of
 9  Trustees of the Internal Improvement Trust Fund. The board of
10  trustees shall hold title to land protection agreements and
11  conservation easements that were or will be acquired pursuant
12  to s. 380.0677, and the Southwest Florida Water Management
13  District and the St. Johns River Water Management District
14  shall monitor such agreements and easements within their
15  respective districts until the state assumes this
16  responsibility.
17         Section 2.  Paragraph (a) of subsection (3) of section
18  373.139, Florida Statutes, is amended to read:
19         373.139  Acquisition of real property.--
20         (3)  The initial 5-year work plan and any subsequent
21  modifications or additions thereto shall be adopted by each
22  water management district after a public hearing. Each water
23  management district shall provide at least 14 days' advance
24  notice of the hearing date and shall separately notify each
25  county commission within which a proposed work plan project or
26  project modification or addition is located of the hearing
27  date.
28         (a)  Appraisal reports, offers, and counteroffers are
29  confidential and exempt from the provisions of s. 119.07(1)
30  until an option contract is executed or, if no option contract
31  is executed, until 30 days before a contract or agreement for
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  purchase is considered for approval by the governing board.
 2  However, each district may, at its discretion, disclose
 3  appraisal reports to private landowners during negotiations
 4  for acquisitions using alternatives to fee simple techniques,
 5  if the district determines that disclosure of such reports
 6  will bring the proposed acquisition to closure. In the event
 7  that negotiation is terminated by the district, the title
 8  information, appraisal report, offers, and counteroffers shall
 9  become available pursuant to s. 119.07(1). Notwithstanding the
10  provisions of this section and s. 259.041, a district and the
11  Division of State Lands may share and disclose title
12  information, appraisal reports, appraisal information, offers,
13  and counteroffers when joint acquisition of property is
14  contemplated. A district and the Division of State Lands shall
15  maintain the confidentiality of such title information,
16  appraisal reports, appraisal information, offers, and
17  counteroffers in conformance with this section and s. 259.041,
18  except in those cases in which a district and the division
19  have exercised discretion to disclose such information. A
20  district may disclose appraisal information, offers, and
21  counteroffers to a third party who has entered into a
22  contractual agreement with the district to work with or on the
23  behalf of or to assist the district in connection with land
24  acquisitions. The third party shall maintain the
25  confidentiality of such information in conformance with this
26  section. In addition, a district may use, as its own,
27  appraisals obtained by a third party provided the appraiser is
28  selected from the district's list of approved appraisers and
29  the appraisal is reviewed and approved by the district.
30         Section 3.  Subsection (4) is added to section 373.236,
31  Florida Statutes, to read:
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1         373.236  Duration of permits; compliance reports.--
 2         (4)  The department or the water management district
 3  shall consider issuing longer-duration permits to applicants
 4  who implement and provide reasonable assurances of effective
 5  and efficient conservation measures that exceed the average
 6  for the industry or type of water use when there is sufficient
 7  data to provide reasonable assurance that the conditions for
 8  permit issuance will be met for the duration of the permit.
 9  Permits issued for a 10-year duration or longer shall be
10  subject to the provisions of subsection (3).
11         Section 4.  Subsections (18) and (19) of section
12  373.414, Florida Statutes, are amended to read:
13         373.414  Additional criteria for activities in surface
14  waters and wetlands.--
15         (18)  The department and each water management district
16  responsible for implementation of the environmental resource
17  permitting program shall develop a uniform wetland mitigation
18  assessment method for wetlands and other surface waters no
19  later than October 1, 2001. The department shall adopt the
20  uniform wetland mitigation assessment method by rule no later
21  than July 31, January 31, 2002. The rule shall provide an
22  exclusive and consistent process for determining the amount of
23  mitigation required to offset impacts to wetlands and other
24  surface waters, and, once effective, shall supersede all
25  rules, ordinances, and variance procedures from ordinances
26  that determine the amount of mitigation needed to offset such
27  impacts. Once the department adopts the uniform wetland
28  mitigation assessment method by rule, the uniform wetland
29  mitigation assessment method shall be binding on the
30  department, the water management districts, local governments,
31  and any other governmental agencies and shall be the sole
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  means to determine the amount of mitigation needed to offset
 2  adverse impacts to wetlands and other surface waters and to
 3  award and deduct mitigation bank credits. A water management
 4  district and any other governmental agency subject to chapter
 5  120 may apply the uniform wetland mitigation assessment method
 6  without the need to adopt it pursuant to s. 120.54. It shall
 7  be a goal of the department and water management districts
 8  that the uniform wetland mitigation assessment method
 9  developed be practicable for use within the timeframes
10  provided in the permitting process and result in a consistent
11  process for determining mitigation requirements. It shall be
12  recognized that any such method shall require the application
13  of reasonable scientific judgment. The uniform wetland
14  mitigation assessment method must determine the value of
15  functions provided by wetlands and other surface waters
16  considering the current conditions of these areas, utilization
17  by fish and wildlife, location, uniqueness, and hydrologic
18  connection, and, when applied to mitigation banks, in addition
19  to the factors listed in s. 373.4136(4). The uniform wetland
20  mitigation assessment method shall also account for the
21  expected time-lag associated with offsetting impacts and the
22  degree of risk associated with the proposed mitigation. The
23  uniform wetland mitigation assessment method shall account for
24  different ecological communities in different areas of the
25  state. In developing the uniform wetland mitigation assessment
26  method, the department and water management districts shall
27  consult with approved local programs under s. 403.182 which
28  have an established wetland mitigation program for wetlands
29  and other surface waters. The department and water management
30  districts shall consider the recommendations submitted by such
31  approved local programs, including any recommendations
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  relating to the adoption by the department and water
 2  management districts of any uniform wetland mitigation
 3  methodology that has been adopted and used by an approved
 4  local program in its established wetland mitigation program
 5  for wetlands and other surface waters. Environmental resource
 6  permitting rules may establish categories of permits or
 7  thresholds for minor impacts under which the use of the
 8  uniform wetland mitigation assessment method will not be
 9  required. The application of the uniform wetland mitigation
10  assessment method is not subject to s. 70.001. In the event
11  the rule establishing the uniform wetland mitigation
12  assessment method is deemed to be invalid, the applicable
13  rules related to establishing needed mitigation in existence
14  prior to the adoption of the uniform wetland mitigation
15  assessment method, including those adopted by a county which
16  is an approved local program under s. 403.182, and the method
17  described in paragraph (b) for existing mitigation banks,
18  shall be authorized for use by the department, water
19  management districts, local governments, and other state
20  agencies.
21         (a)  In developing the uniform wetland mitigation
22  assessment method, the department shall seek input from the
23  United States Army Corps of Engineers in order to promote
24  consistency in the mitigation assessment methods used by the
25  state and federal permitting programs.
26         (b)  An entity which has received a mitigation bank
27  permit prior to the adoption of the uniform wetland mitigation
28  assessment method shall have impact sites assessed, for the
29  purpose of deducting bank credits, using the credit assessment
30  method, including any functional assessment methodology, which
31  was in place when the bank was permitted; unless the entity
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  elects to have its credits redetermined, and thereafter have
 2  its credits deducted, using the uniform wetland mitigation
 3  assessment method.
 4         (19)  The Office of Program Policy Analysis and
 5  Government Accountability shall study the cumulative impact
 6  consideration required by subsection (8) and issue a report by
 7  July 1, 2001. The study shall address the justification for
 8  the cumulative impact consideration, changes that can provide
 9  clarity and certainty in the cumulative impact consideration,
10  and whether a practicable, consistent, and equitable
11  methodology can be developed for considering cumulative
12  impacts within the environmental resource permitting program.
13         Section 5.  Paragraph (g) is added to subsection (1) of
14  section 378.212, Florida Statutes, to read:
15         378.212  Variances.--
16         (1)  Upon application, the secretary may grant a
17  variance from the provisions of this part or the rules adopted
18  pursuant thereto. Variances and renewals thereof may be
19  granted for any one of the following reasons:
20         (g)  To accommodate reclamation that provides water
21  supply development or water resource development consistent
22  with the regional water supply plan approved pursuant to s.
23  373.0361, provided that regional water resources are not
24  adversely affected.
25         Section 6.  Subsection (11) of section 403.067, Florida
26  Statutes, is amended to read:
27         403.067  Establishment and implementation of total
28  maximum daily loads.--
29         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
30         (a)  The department shall not implement, without prior
31  legislative approval, any additional regulatory authority
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
 2  130, if such implementation would result in water quality
 3  discharge regulation of activities not currently subject to
 4  regulation.
 5         (b)  Interim measures, best management practices, or
 6  other measures may be developed and voluntarily implemented
 7  pursuant to paragraph (7)(c) or paragraph (7)(d) for any water
 8  body or segment for which a total maximum daily load or
 9  allocation has not been established. The implementation of
10  such pollution control programs may be considered by the
11  department in the determination made pursuant to subsection
12  (4).
13         Section 7.  Section 373.2505, Florida Statutes, is
14  created to read:
15         373.2505  Permitting requirements for alternative water
16  facilities and electric power plants.--
17         (1)  The Legislature finds that the recent increase in
18  proposed electric power plants that are not subject to the
19  regulatory-review requirements of the Florida Electrical Power
20  Plant Siting Act creates both potential problems and
21  water-supply opportunities. The continued proliferation of
22  inland plants may result in environmental and
23  growth-management problems for the counties in which they are
24  located and can affect the patterns of urban development and
25  demands on water resources if improperly located and
26  inadequately regulated.
27         (2)(a)  Electric power plants of any generating
28  technology are encouraged to locate in coastal counties where
29  they can be colocated with reverse-osmosis facilities or other
30  similar technologies to desalinate water resources to help
31  meet potable-water-supply needs. Entities having existing
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  electric power plant sites located in coastal counties are
 2  encouraged to evaluate modifications, expansions, or additions
 3  that would be colocated with reverse-osmosis or other similar
 4  technologies to desalinate water resources to help meet
 5  potable-water-supply needs.
 6         (b)  Reverse-osmosis facilities or other similar
 7  desalination technologies that are proposed to be colocated
 8  with electric power plants are eligible to receive cooperative
 9  funding assistance from water management districts created
10  under chapter 373 for those that have cooperative-funding
11  assistance programs for activities designed to promote
12  alternative water supplies.
13         (3)  Notwithstanding other permitting requirements
14  imposed by law, construction permit applications for a new
15  electric plant unrelated to an existing electric power plant
16  site located anywhere within the interior counties immediately
17  contiguous to the most impacted area within the Eastern Tampa
18  Bay water caution area must demonstrate that the sole source
19  of its cooling water will be provided by the reuse of
20  reclaimed wastewater or another nonpotable water source in
21  order to assure protection of groundwater and surface water
22  resources.
23         Section 8.  Paragraph (f) of subsection (2) of section
24  403.813, Florida Statutes, is amended to read:
25         403.813  Permits issued at district centers;
26  exceptions.--
27         (2)  No permit under this chapter, chapter 373, chapter
28  61-691, Laws of Florida, or chapter 25214 or chapter 25270,
29  1949, Laws of Florida, shall be required for activities
30  associated with the following types of projects; however,
31  nothing in this subsection relieves an applicant from any
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  requirement to obtain permission to use or occupy lands owned
 2  by the Board of Trustees of the Internal Improvement Trust
 3  Fund or any water management district in its governmental or
 4  proprietary capacity or from complying with applicable local
 5  pollution control programs authorized under this chapter or
 6  other requirements of county and municipal governments:
 7         (f)  The performance of maintenance dredging of
 8  existing manmade canals, channels, intake and discharge
 9  structures, and previously dredged portions of natural water
10  bodies within drainage rights-of-way or drainage easements
11  which have been recorded in the public records of the county,
12  where the spoil material is to be removed and deposited on a
13  self-contained, upland spoil site which will prevent the
14  escape of the spoil material into the waters of the state,
15  provided that no more dredging is to be performed than is
16  necessary to restore the canals, channels, and intake and
17  discharge structures, and previously dredged portions of
18  natural water bodies, to original design specifications or
19  configurations, provided that the work is conducted in
20  compliance with s. 370.12(2)(d), provided that no significant
21  impacts occur to previously undisturbed natural areas, and
22  provided that control devices for return flow and best
23  management practices for erosion and sediment control are
24  utilized to prevent bank erosion and scouring and to prevent
25  turbidity, dredged material, and toxic or deleterious
26  substances from discharging into adjacent waters during
27  maintenance dredging. Further, for maintenance dredging of
28  previously dredged portions of natural water bodies within
29  recorded drainage rights-of-way or drainage easements, an
30  entity that seeks an exemption must notify the department or
31  water management district, as applicable, at least 30 days
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  prior to dredging and provide documentation of original design
 2  specifications or configurations where such exist. This
 3  exemption applies to all canals and previously dredged
 4  portions of natural water bodies within recorded drainage
 5  rights-of-way or drainage easements constructed prior to April
 6  3, 1970, and to those canals and previously dredged portions
 7  of natural water bodies constructed on or after April 3, 1970,
 8  pursuant to all necessary state permits.  This exemption does
 9  not apply to the removal of a natural or manmade barrier
10  separating a canal or canal system from adjacent waters.  When
11  no previous permit has been issued by the Board of Trustees of
12  the Internal Improvement Trust Fund or the United States Army
13  Corps of Engineers for construction or maintenance dredging of
14  the existing manmade canal or intake or discharge structure,
15  such maintenance dredging shall be limited to a depth of no
16  more than 5 feet below mean low water. The Board of Trustees
17  of the Internal Improvement Trust Fund may fix and recover
18  from the permittee an amount equal to the difference between
19  the fair market value and the actual cost of the maintenance
20  dredging for material removed during such maintenance
21  dredging. However, no charge shall be exacted by the state for
22  material removed during such maintenance dredging by a public
23  port authority.  The removing party may subsequently sell such
24  material; however, proceeds from such sale that exceed the
25  costs of maintenance dredging shall be remitted to the state
26  and deposited in the Internal Improvement Trust Fund.
27         Section 9.  In order to aid in the development of a
28  better understanding of the unique surface and groundwater
29  resources of this state, the water management districts shall
30  develop an information program designed to provide information
31  on existing hydrologic conditions of major surface and
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  groundwater sources in this state and suggestions for good
 2  conservation practices within those areas.  The program shall
 3  be developed no later than December 31, 2002.  Beginning
 4  January 1, 2003, and on a regular basis no less than every 6
 5  months thereafter, the information developed pursuant to this
 6  section shall be distributed to every member of the Florida
 7  Senate and the Florida House of Representatives and to local
 8  print and broadcast news organizations.  Each water management
 9  district shall be responsible for the distribution of this
10  information within its established geographic area.
11         Section 10.  The Legislature finds that within the area
12  identified in the Lower East Coast Regional Water Supply Plan
13  approved by the South Florida Water Management District
14  pursuant to section 373.0361, Florida Statutes, the
15  groundwater levels can benefit from augmentation. The
16  Legislature finds that the discharge of reclaimed water into
17  canals for transport and subsequent reuse may provide an
18  environmentally acceptable means to augment water supplies and
19  enhance natural systems; however, the Legislature also
20  recognizes that there are water quality and water quantity
21  issues that must be better understood and resolved.  In
22  addition, there are cost-savings possible by colocating
23  enclosed conduits for conveyance of water for reuse in this
24  area within canal right-of-way that should be investigated.
25  Toward that end, the Department of Environmental Protection,
26  in consultation with the South Florida Water Management
27  District, Southeast Florida utilities, affected local
28  governments, including local governments with principal
29  responsibility for the operation and maintenance of a water
30  control system capable of conveying reclaimed wastewater for
31  reuse, representatives of the environmental and engineering
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  communities, public health professionals, and individuals
 2  having expertise in water quality, shall conduct a study to
 3  investigate the feasibility of discharging reclaimed
 4  wastewater to canals as an environmentally acceptable means of
 5  augmenting ground water supplies, enhancing natural systems,
 6  and conveying reuse water within enclosed conduits within the
 7  canal right-of-way.  The study shall include an assessment of
 8  the water quality, water supply, public health, technical, and
 9  legal implications related to the canal discharge and
10  colocation concepts.  The department shall issue a preliminary
11  written report containing draft findings and recommendations
12  for public comment by November 1, 2002.  The department shall
13  provide a written report on the results of its study to the
14  Governor and the substantive committees of the House of
15  Representatives and the Senate by January 31, 2003.  Nothing
16  in this section shall be used to alter the purpose of the
17  Comprehensive Everglades Restoration Plan or the
18  implementation of the Water Resources Development Act of 2000.
19         Section 11.  Subsection (4) of section 373.0831,
20  Florida Statutes, is amended to read:
21         373.0831  Water resource development; water supply
22  development.--
23         (4)(a)  Water supply development projects which are
24  consistent with the relevant regional water supply plans and
25  which meet at least one or more of the following criteria
26  shall receive priority consideration for state or water
27  management district funding assistance:
28         1.  The project supports establishment of a dependable,
29  sustainable supply of water which is not otherwise financially
30  feasible;
31         2.  The project provides substantial environmental
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  benefits by preventing or limiting adverse water resource
 2  impacts, but requires funding assistance to be economically
 3  competitive with other options; or
 4         3.  The project significantly implements reuse,
 5  storage, recharge, or conservation of water in a manner that
 6  contributes to the efficient use and sustainability of
 7  regional water supply sources.
 8         (b)  Water supply development projects which meet the
 9  criteria in paragraph (a) and also bring about replacement of
10  existing sources in order to help implement a minimum flow or
11  level shall be given first consideration for state or water
12  management district funding assistance.
13         (c)  If a proposed alternative water supply project is
14  identified in the relevant approved regional water supply
15  plan, the project shall be eligible for at least one of the
16  following:
17         1.  A 20-year consumptive use permit, if it otherwise
18  meets the permit requirements under s. 373.223 and s. 373.236
19  and rules adopted thereunder;
20         2.  Consideration for priority funding pursuant to s.
21  373.1961(2) with the implementation of the water resource
22  development component of the proposed project.
23         Section 12.  Section 373.498, Florida Statutes, is
24  repealed.
25         Section 13.  Section 215.981, Florida Statutes, is
26  amended to read:
27         215.981  Audits of state agency direct-support
28  organizations and citizen support organizations.--Each
29  direct-support organization and each citizen support
30  organization, created or authorized pursuant to law, and
31  created, approved, or administered by a state agency, other
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  than a university, district board of trustees of a community
 2  college, or district school board, shall provide for an annual
 3  financial audit of its accounts and records to be conducted by
 4  an independent certified public accountant in accordance with
 5  rules adopted by the Auditor General pursuant to s. 11.45(8)
 6  and the state agency that created, approved, or administers
 7  the direct-support organization or citizen support
 8  organization, whenever the organization's annual expenses
 9  exceed $100,000. The audit report shall be submitted within 9
10  months after the end of the fiscal year to the Auditor General
11  and to the state agency responsible for creation,
12  administration, or approval of the direct-support organization
13  or citizen support organization. Such state agency, the
14  Auditor General, and the Office of Program Policy Analysis and
15  Government Accountability shall have the authority to require
16  and receive from the organization or from the independent
17  auditor any records relative to the operation of the
18  organization.
19         Section 14.  Subsection (1) of section 373.114, Florida
20  Statutes, is amended to read:
21         373.114  Land and Water Adjudicatory Commission; review
22  of district rules and orders; department review of district
23  rules.--
24         (1)  Except as provided in subsection (2), the Governor
25  and Cabinet, sitting as the Land and Water Adjudicatory
26  Commission, have the exclusive authority to review any order
27  or rule of a water management district, other than a rule
28  relating to an internal procedure of the district or a final
29  order resulting from an evidentiary hearing held under s.
30  120.569 or s. 120.57 or a rule that has been adopted after
31  issuance of a final order resulting from an evidentiary
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  hearing held under s. 120.56, to ensure consistency with the
 2  provisions and purposes of this chapter. Subsequent to the
 3  legislative ratification of the delineation methodology
 4  pursuant to s. 373.421(1), this subsection also shall apply to
 5  an order of the department, or a local government exercising
 6  delegated authority, pursuant to ss. 373.403-373.443, except
 7  an order pertaining to activities or operations subject to
 8  conceptual plan approval pursuant to chapter 378 or a final
 9  order resulting from an evidentiary hearing held under s.
10  120.569 or s. 120.57.
11         (a)  Such review may be initiated by the department or
12  by a party to the proceeding below by filing a request for
13  review with the Land and Water Adjudicatory Commission and
14  serving a copy on the department and on any person named in
15  the rule or order within 20 days after adoption of the rule or
16  the rendering of the order. For the purposes of this section,
17  the term "party" means any affected person who submitted oral
18  or written testimony, sworn or unsworn, of a substantive
19  nature which stated with particularity objections to or
20  support for the rule or order that are cognizable within the
21  scope of the provisions and purposes of this chapter, or any
22  person who participated as a party in a proceeding instituted
23  pursuant to chapter 120.  In order for the commission to
24  accept a request for review initiated by a party below, with
25  regard to a specific order, three four members of the
26  commission must determine on the basis of the record below
27  that the activity authorized by the order would substantially
28  affect natural resources of statewide or regional
29  significance. Review of an order may also be accepted if three
30  four members of the commission determine that the order raises
31  issues of policy, statutory interpretation, or rule
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  interpretation that have regional or statewide significance
 2  from the standpoint of agency precedent. The party requesting
 3  the commission to review an order must allege with
 4  particularity, and the commission must find, that:
 5         1.  The order is in conflict with statutory
 6  requirements; or
 7         2.  The order is in conflict with the requirements of a
 8  duly adopted rule.
 9         (b)  Review by the Land and Water Adjudicatory
10  Commission is appellate in nature and shall be based solely on
11  the record below unless the commission determines that a
12  remand for a formal evidentiary proceeding is necessary to
13  develop additional findings of fact.  If there is was no
14  evidentiary administrative proceeding resulting from a remand
15  or referral for findings of fact by the commission, then
16  below, the facts contained in the proposed agency action or
17  proposed water management district action, including any
18  technical staff report, shall be deemed undisputed.  The
19  matter shall be heard by the commission not more than 60 days
20  after receipt of the request for review, unless waived by the
21  parties; provided, however, such time limit shall be tolled by
22  a referral or remand pursuant to this paragraph. The
23  commission may refer a request for review to the Division of
24  Administrative Hearings for the production of findings of
25  fact, limited to those needed to render the decision
26  requested, to supplement the record, if a majority of the
27  commission determines that supplementary findings of fact are
28  essential to determine the consistency of a rule or order with
29  the provisions and purposes of this chapter. Alternatively,
30  the commission may remand the matter to the agency below for
31  additional findings of fact, limited to those needed to render
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  the decision requested, to supplement the record, if a
 2  majority of the commission determines that supplementary
 3  findings of fact are essential to determine the consistency of
 4  a rule or order with the provisions and purposes of this
 5  chapter. Such proceedings must be conducted and the findings
 6  transmitted to the commission within 90 days of the remand or
 7  referral.
 8         (c)  If the Land and Water Adjudicatory Commission
 9  determines that a rule of a water management district is not
10  consistent with the provisions and purposes of this chapter,
11  it may require the water management district to initiate
12  rulemaking proceedings to amend or repeal the rule.  If the
13  commission determines that an order is not consistent with the
14  provisions and purposes of this chapter, the commission may
15  rescind or modify the order or remand the proceeding for
16  further action consistent with the order of the Land and Water
17  Adjudicatory Commission only if the commission determines that
18  the activity authorized by the order would substantially
19  affect natural resources of statewide or regional
20  significance.  In the case of an order which does not itself
21  substantially affect natural resources of statewide or
22  regional significance, but which raises issues of policy that
23  have regional or statewide significance from the standpoint of
24  agency precedent, the commission may direct the district to
25  initiate rulemaking to amend its rules to assure that future
26  actions are consistent with the provisions and purposes of
27  this chapter without modifying the order.
28         (d)  In a review under this section of a construction
29  permit issued pursuant to a conceptual permit under part IV,
30  which conceptual permit is issued after July 1, 1993, a party
31  to the review may not raise an issue which was or could have
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  been raised in a review of the conceptual permit under this
 2  section.
 3         (e)  A request for review under this section shall not
 4  be a precondition to the seeking of judicial review pursuant
 5  to s. 120.68 or the seeking of an administrative determination
 6  of rule validity pursuant to s. 120.56.
 7         (f)  The Florida Land and Water Adjudicatory Commission
 8  may adopt rules to set forth its procedures for reviewing an
 9  order or rule of a water management district consistent with
10  the provisions of this section.
11         (g)  For the purpose of this section, it shall be
12  presumed that activity authorized by an order will not affect
13  resources of statewide or regional significance if the
14  proposed activity:
15         1.  Occupies an area less than 10 acres in size, and
16         2.  Does not create impervious surfaces greater than 2
17  acres in size, and
18         3.  Is not located within 550 feet of the shoreline of
19  a named body of water designated as Outstanding Florida
20  Waters, and
21         4.  Does not adversely affect threatened or endangered
22  species.
23  
24  This paragraph shall not operate to hold that any activity
25  that exceeds these limits is presumed to affect resources of
26  statewide or regional significance.  The determination of
27  whether an activity will substantially affect resources of
28  statewide or regional significance shall be made on a
29  case-by-case basis, based upon facts contained in the record
30  below.
31         Section 15.  Subsection (5) of section 403.412, Florida
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  Statutes, is amended, present subsection (6) is renumbered as
 2  subsection (8), and new subsections (6) and (7) are added to
 3  said section to read:
 4         403.412  Environmental Protection Act.--
 5         (5)  In any administrative, licensing, or other
 6  proceedings authorized by law for the protection of the air,
 7  water, or other natural resources of the state from pollution,
 8  impairment, or destruction, the Department of Legal Affairs, a
 9  political subdivision or municipality of the state, or a
10  citizen of the state shall have standing to intervene as a
11  party on the filing of a verified pleading asserting that the
12  activity, conduct, or product to be licensed or permitted has
13  or will have the effect of impairing, polluting, or otherwise
14  injuring the air, water, or other natural resources of the
15  state. As used in this section and as it relates to citizens,
16  the term "intervene" means to join an ongoing s. 120.569 or s.
17  120.57 proceeding; this section does not authorize a citizen
18  to institute, initiate, petition for, or request a proceeding
19  under s. 120.569 or s. 120.57.  Nothing herein limits or
20  prohibits a citizen whose substantial interests will be
21  determined or affected by a proposed agency action from
22  initiating a formal administrative proceeding under s. 120.569
23  or s. 120.57. A citizen's substantial interests will be
24  considered to be determined or affected if the party
25  demonstrates it may suffer an injury in fact which is of
26  sufficient immediacy and is of the type and nature intended to
27  be protected by this chapter. No demonstration of special
28  injury different in kind from the general public at large is
29  required. A sufficient demonstration of a substantial interest
30  may be made by a petitioner who establishes that the proposed
31  activity, conduct, or product to be licensed or permitted
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1  affects the petitioner's use or enjoyment of air, water, or
 2  natural resources protected by this chapter.
 3         (6)  Any corporation not for profit which has at least
 4  25 current members residing within the county where the
 5  activity is proposed, and which was formed for the purpose of
 6  the protection of the environment, fish and wildlife
 7  resources, and protection of air and water quality, may
 8  initiate a hearing pursuant to s. 120.569 or s. 120.57,
 9  provided that the corporation not for profit was formed at
10  least one year prior to the date of the filing of the
11  application for a permit, license, or authorization that is
12  the subject of the notice of proposed agency action.
13         (7)  In a matter pertaining to a federally delegated or
14  approved program, a citizen of the state may initiate an
15  administrative proceeding under this subsection if the citizen
16  meets the standing requirements for judicial review of a case
17  or controversy pursuant to Article III of the United States
18  Constitution.
19         Section 16.  This act shall take effect upon becoming a
20  law.
21  
22  
23  ================ T I T L E   A M E N D M E N T ===============
24  And the title is amended as follows:
25         Delete everything before the enacting clause
26  
27  and insert:
28                      A bill to be entitled
29         An act relating to alternative water supplies;
30         providing funding of projects under the Florida
31         Forever Program and the Florida Preservation
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1         2000 Program; amending s. 373.139, F.S.;
 2         providing that title information is not
 3         confidential; amending s. 373.236, F.S.;
 4         encouraging water conservation; amending s.
 5         373.414, F.S.; requiring that the Department of
 6         Environmental Protection adopt a uniform
 7         mitigation assessment method by rule by July
 8         31, 2002; amending s. 378.212, F.S.; providing
 9         water resource enhancements as a basis for a
10         variance; amending s. 403.067, F.S.;
11         authorizing the development of interim measures
12         or best-management practices for specified
13         water bodies or segments for which total
14         maximum daily loads or allocations have not yet
15         been established; creating s. 403.5205, F.S.;
16         prescribing permitting requirements for
17         alternative water facilities and electric power
18         plants; amending s. 403.813, F.S.; providing
19         requirements for exemptions for maintenance
20         dredging; providing legislative intent for
21         public education of water resources; providing
22         for a study of the conveyance of reclaimed
23         water in specified canals; amending s.
24         373.0831, F.S.; revising the criteria by which
25         water supply development projects may receive
26         priority consideration for funding assistance;
27         repealing s. 373.498, F.S., relating to an
28         obsolete account; amending s. 215.981, F.S.;
29         revising provisions relating to annual audits;
30         amending s. 373.114,F.S.; providing that
31         certain water management district orders and
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1299, 1st Eng.
    Amendment No. ___   Barcode 802230
 1         rules are not subject to specified review;
 2         amending s. 403.412, F.S.; the "Environmental
 3         Protection Act of 1971"; revising requirements
 4         for initiating specified proceedings under that
 5         act; providing an effective date.
 6  
 7  
 8  
 9  
10  
11  
12  
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18  
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25  
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27  
28  
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31  
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