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A bill to be entitled |
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An act relating to water policy; amending s. 373.0693, |
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F.S.; redrawing the boundaries of certain water basins; |
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providing for the transfer of assets between such water |
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basins; amending s. 373.451, F.S.; revising legislative |
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intent with respect to the Surface Water Improvement and |
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Management Act; deleting requirement that state and local |
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funds be provided for certain purposes; amending s. |
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373.453, F.S.; revising criteria to be applied in |
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determining the priority of water bodies under surface |
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water and management plans and programs; providing for |
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periodic lists of water bodies of regional or statewide |
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significance; authorizing participation by additional |
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persons in the development of plans and programs; deleting |
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certain reporting requirements; requiring identification |
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of potential funding sources for the plans and programs; |
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requiring review of plans developed by water management |
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districts by various state agencies within a specified |
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time; exempting the approval process for such plans from |
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the rule adoption requirements of chapter 120, F.S.; |
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deleting the requirement that state agencies be on certain |
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advisory committees; authorizing water management |
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districts to enter into contracts with governmental |
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agencies regarding the development and implementation of |
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water improvement and management programs; amending s. |
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373.459, F.S.; providing for appropriation of funds for |
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surface water improvement and management activities by |
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water management districts; providing for release of funds |
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by the Department of Environmental Protection; repealing |
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s. 373.455, F.S., relating to review of surface water |
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improvement and management plans; repealing s. 373.456, |
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F.S., relating to approval of surface water improvement |
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and management plans; repealing s. 373.457, F.S., relating |
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to implementation of surface water improvement and |
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management plans and programs; amending ss. 259.101, |
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373.4136, 403.067, and 403.1835, F.S.; deleting cross |
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references; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (11) of section 373.0693, Florida |
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Statutes, is amended to read: |
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373.0693 Basins; basin boards.-- |
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(11)(a) Basins existing within the Southwest Florida Water |
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Management District, as described in rule 40D-0.061, Florida |
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Administrative Code, may not be abolished or combined without |
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the approval of the Legislature, except that the entire area |
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lying to the East of the Hillsborough County line formerlyand |
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presently located within the Hillsborough Basin is hereby |
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annexed into the Peace River Basin from the Hillsborough Basin |
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is hereby deannexed from the Peace River Basin and reannexed |
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into the Hillsborough Basin. Within the Southwest Florida Water |
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Management District, the entire area lying to the East of the |
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Hillsborough County line formerlyand presently located within |
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the Alafia Basin is hereby annexed into the Peace River Basin |
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from the Alafia Basin is hereby deannexed from the Peace River |
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Basin and reannexed into the Alafia Basin. |
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(b) Assets or liabilities of the basin located in those |
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areas transferred from the Peace River Basin back intothe |
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Hillsborough and Alafia Basins into the Peace River Basin |
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pursuant to this section, including funds held in trust, shall |
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be transferred to the Hillsborough and Alafia BasinsPeace River |
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Basin. |
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Section 2. Subsections (5), (7), and (8) of section |
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373.451, Florida Statutes, are amended to read: |
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373.451 Short title; legislative findings and intent.-- |
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(5) The Legislature finds that manysurface water problems |
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can be and have beencorrected and prevented through plans and |
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programs for surface water improvement and management that are |
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developedplanned, designed,and implemented by the water |
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management districts, the department,and local governments. |
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(7) It is also the intent of the Legislature that the |
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department, the water management districts, and othersshall |
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conduct or coordinate statewide research by the water management |
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districts or othersto provide a better scientific understanding |
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of the causes and effects of surface water pollution and of the |
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destruction of natural systems in order to improve and manage |
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surface waters and associated natural systems. |
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(8) The state, through the department, shall provide funds |
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to assist with the implementation of the district plans and |
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programs under this act. However, to achieve the goals of this |
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act, cooperation and funding is necessary from the state, the |
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water management districts, and local governments.
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Section 3. Section 373.453, Florida Statutes, is amended |
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to read: |
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373.453 Surface water improvement and management plans and |
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programs.-- |
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(1)(a) Each water management district, in cooperation with |
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the department, the Department of Agriculture and Consumer |
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Services, the Department of Community Affairs, the Fish and |
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Wildlife Conservation Commission, and local governments, and |
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others, shall prepare and maintain a list that prioritizeswhich |
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shall prioritizewater bodies of regional or statewide |
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significance within theeachwater management district. The list |
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shall be reviewed and updated every 53 years. The list shall be |
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based on criteria adopted by rule of the department and shall |
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assign priorities to the water bodies based on their need for |
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protection and restoration. |
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(b) Criteria to be used in developing the listsdeveloped |
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by the department shall include, but neednot be limited to, |
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consideration of violations of water quality standards occurring |
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in the water body, the amounts of nutrients entering the water |
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body and the water body's trophic state, water bodies on the |
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department’s list of impaired waters, water bodies with |
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established total maximum daily loads,the existence of or need |
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for a continuous aquatic weed control program in the water body, |
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the biological condition of the water body, reduced fish and |
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wildlife values, andthreats to agricultural and urban water |
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supplies, threats toand public recreational opportunities, |
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public input, and the management of the water body through |
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federal, state, or local water quality programs or plans. |
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(c) In maintainingdeveloping their respective priority |
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water bodylists, water management districts shall give |
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consideration to the following priority areas: |
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1. The South Florida Water Management District shall give |
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priority to the restoration needs of Lake Okeechobee, Biscayne |
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Bay, and the Indian River Lagoon system and their tributaries. |
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2. The Southwest Florida Water Management District shall |
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give priority to the restoration needs of Tampa Bay and its |
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tributaries. |
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3. The St. Johns River Water Management District shall |
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give priority to the restoration needs of Lake Apopka, the Lower |
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St. Johns River, and the Indian River Lagoon system and their |
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tributaries. |
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(2) Unless otherwise provided by lawOnce the priority |
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lists are approved by the department, the water management |
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districts, in cooperation with state agencies,the department, |
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the Fish and Wildlife Conservation Commission, the Department of |
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Community Affairs, the Department of Agriculture and Consumer |
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Services, and local governments, and others, mayshalldevelop |
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surface water improvement and management plans and programsfor |
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the water bodies identifiedbased on the priority lists. The |
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department shall establish a uniform format for such plans and a |
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schedule for reviewing and updating the plans. These Plans |
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developed pursuant to this subsectionshall include, but not be |
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limited to: |
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(a) A description of the water body system, its historical |
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and current uses, its hydrology, and a history ofthe conditions |
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which have led to the need for restoration or protection; |
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(b) An identification of all governmental units that have |
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jurisdiction over the water body and its drainage basin within |
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the approved surface water improvement and management plan area, |
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including local, regional, state, and federal units; |
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(c) A description of land uses within the drainage basin |
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of the priority water bodywithin the approved surface water |
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improvement and management plan areaand those of important |
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tributaries, point and nonpoint sources of pollution, and |
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permitted discharge activities; |
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(d) IdentificationA list of the ownersof point and |
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nonpoint sources of water pollution that are discharged into the |
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each water body and its important tributariestributary thereto |
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and that adversely affect the public interest, including |
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separate lists of those sources that are: |
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1. Operating without a permit;
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2. Operating with a temporary operating permit; and
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3. Presently violating effluent limits or water quality |
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standards.
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The plan shall also include recommendations and schedules for |
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bringing all sources into compliance with state standards when |
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not contrary to the public interest. This paragraph does not |
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authorize any existing or future violation of any applicable |
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statute, regulation, or permit requirement, and does not |
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diminish the authority of the department or the water management |
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district; |
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(e) A description of strategies and a schedule for related |
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management actionspotential strategiesfor restoring or |
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protecting the water body to Class III or better, including |
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those needed to help achieve state-adopted total maximum daily |
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loads for the water body; |
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(f) A listing of studies that are being or have been |
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prepared for the water body;
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(g) A description of the research and feasibility studies |
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which will be performed to determine the particular strategy or |
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strategies to restore or protect the water body;
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(f)(h) A description of the management actionsmeasures |
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needed to manage andmaintain the water body once it has been |
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restored and to prevent future degradation; and |
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(i) A schedule for restoration and protection of the water |
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body; and
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(g)(j)An estimate of the funding needed to carry out the |
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restoration or protection strategies and a listing of available |
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and potential funding sources and amounts. |
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(3) Each water management district shall be responsible |
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for planning and coordinating restoration or protection |
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strategies for the priority water bodies within the district |
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which have been approved by the department as water bodies of |
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regional and statewide significance in need of protection or |
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restoration.The governing board of the appropriate water |
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management district shall hold at least one public hearing and |
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public workshopworkshops in the vicinity of a prioritythe |
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water body for which a plan is being developed to obtainunder |
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consideration as may be necessary for obtainingpublic input |
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prior to finalizing the surface water improvement and management |
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planplans for the water bodybodies on the priority list. The |
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water management district shall then forward a copy of the plan |
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plans to the department, the Fish and Wildlife Conservation |
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Commission, the Department of Agriculture and Consumer Services, |
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and to appropriate local governmental units for their review and |
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comment within 45 calendar days after the date the plan is |
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forwarded to them. The department shall specifically comment on |
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the likelihood that implementing the plan will significantly |
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improve or protect water quality and associated natural systems. |
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At the end of the 45-day review period, the water management |
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district may proceed to approve the plan, whether or not |
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comments have been submitted. Approval of a surface water |
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improvement and management plan is not subject to the rule |
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adoption requirements of chapter 120. |
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(4) Plans shall be updated as necessary to ensure that |
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they effectively address the restoration and protection needs of |
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the priority water bodies and that they reflect current |
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scientific understandings and budgetary adjustments. If a |
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district determines that modifications of or additions to a plan |
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are necessary, such modifications or additions shall be subject |
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to the review process established in this section.Each |
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September 1, the water management districts shall submit a |
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funding proposal for the next state fiscal year to the |
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department for its review and approval. The proposal shall |
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specify the activities that need state funding and the amounts |
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of funding, and shall describe the specific restoration or |
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protection activities proposed. The department shall review |
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water management district funding proposals and shall consider |
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them in making its annual budget request. |
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(5) The governing board of each water management district |
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is encouraged to appoint advisory committees as necessary to |
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assist in formulating and evaluating strategies for water body |
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protection and restoration activities and to increase public |
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awareness and intergovernmental cooperation. Such committees |
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should include representatives of the Fish and Wildlife |
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Conservation Commission, the Department of Agriculture and |
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Consumer Services, appropriate local governments, state and |
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federal agencies, existing advisory councils for the priority |
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subjectwater body, and representatives of the public who use |
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the water body. |
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(6) The water management districts may contract with |
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appropriate state, local, and regional agencies and others to |
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perform various tasks associated with the development and |
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implementation of thesurface water improvement and management |
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plans and programs. |
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Section 4. Section 373.459, Florida Statutes, is amended |
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to read: |
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373.459 Funds for surface water improvement and |
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management.-- |
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(1) Legislative appropriations provided to the water |
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management districts for surface water improvement and |
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management activities shall be available for detailed planning |
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and plan and program implementation.
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(2)(1)The Ecosystem Management and Restoration Trust Fund |
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shall be used for the deposit of funds appropriated by the |
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Legislature for the purposes of ss. 373.451-373.4595. The |
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department shall administer all funds appropriated to or |
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received for surface water improvement and management |
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activities. Expenditure of the moneys shall be limited to the |
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costs of detailed planning for and plan and program |
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implementation of programs prepared for priority surface water |
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bodieswaters. Moneys from the fund shall not be expended for |
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planning for, or construction or expansion of, treatment |
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facilities for domestic or industrial waste disposal. |
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(3)(2) The secretary of thedepartment shall authorize the |
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release of money from the fund in accordance with the provisions |
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of s. 373.501(2) and procedures in s. 373.59(4) and (5)within |
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30 days after receipt of a request adopted by the governing |
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board of a water management district or by the executive |
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director when authority has been delegated by the governing |
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board, certifying that the money is needed for detailed planning |
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for or implementation of plans approved pursuant to ss. 373.453, |
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373.455, and 373.456. A water management district may not |
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receive more than 50 percent of the moneys appropriated to the |
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fund for the purposes of ss. 373.451-373.4595 in any fiscal year |
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unless otherwise provided for by law. Each year after funds are |
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appropriated, each water management district shall receive the |
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amount requested pursuant to s. 373.453(4) or 10 percent of the |
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money appropriated for the purposes of ss. 373.451-373.4595, |
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whichever is less. The department shall allocate the remaining |
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money in the appropriation for such purposes annually, based |
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upon the specific needs of the districts. The department, at its |
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discretion, may include any funds allocated to a district for |
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such purposes in previous years which remain unencumbered by the |
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district on July 1, to the amount of money to be distributed |
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based upon specific needs of the districts. |
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(3) The amount of money that may be released to a water |
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management district from the fund for approved plans, or |
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continuations of approved plans, to improve and manage the |
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surface waters described in ss. 373.451-373.4595 is limited to |
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not more than 60 percent of the amount of money necessary for |
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the approved plans of the South Florida Water Management |
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District, the Southwest Florida Water Management District, and |
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the St. Johns River Water Management District, and not more than |
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80 percent of the amount of money necessary for the approved |
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plans of the Northwest Florida Water Management District and the |
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Suwannee River Water Management District. The remaining funds |
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necessary for the approved plans shall be provided by the |
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district.
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(4) Moneys in the fund thatwhichare not needed to meet |
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current obligations incurred under this section shall be |
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transferred to the State Board of Administration, to the credit |
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of the trust fund, to be invested in the manner provided by law. |
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Interest received on such investments shall be credited to the |
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trust fund. |
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Section 5. Sections 373.455, 373.456, and 373.457, Florida |
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Statutes, are repealed. |
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Section 6. Paragraph (b) of subsection (3) of section |
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259.101, Florida Statutes, is amended to read: |
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259.101 Florida Preservation 2000 Act.-- |
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(3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the |
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costs of issuance, the costs of funding reserve accounts, and |
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other costs with respect to the bonds, the proceeds of bonds |
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issued pursuant to this act shall be deposited into the Florida |
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Preservation 2000 Trust Fund created by s. 375.045. In fiscal |
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year 2000-2001, for each Florida Preservation 2000 program |
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described in paragraphs (a)-(g), that portion of each program's |
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total remaining cash balance which, as of June 30, 2000, is in |
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excess of that program's total remaining appropriation balances |
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shall be redistributed by the department and deposited into the |
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Save Our Everglades Trust Fund for land acquisition. For |
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purposes of calculating the total remaining cash balances for |
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this redistribution, the Florida Preservation 2000 Series 2000 |
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bond proceeds, including interest thereon, and the fiscal year |
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1999-2000 General Appropriations Act amounts shall be deducted |
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from the remaining cash and appropriation balances, |
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respectively. The remaining proceeds shall be distributed by the |
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Department of Environmental Protection in the following manner: |
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(b) Thirty percent to the Department of Environmental |
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Protection for the purchase of water management lands pursuant |
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to s. 373.59, to be distributed among the water management |
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districts as provided in that section. Funds received by each |
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district may also be used for acquisition of lands necessary to |
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implement surface water improvement and management plans |
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approved in accordance with s. 373.456or for acquisition of |
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lands necessary to implement the Everglades Construction Project |
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authorized by s. 373.4592. |
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Local governments may use federal grants or loans, private |
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donations, or environmental mitigation funds, including |
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environmental mitigation funds required pursuant to s. 338.250, |
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for any part or all of any local match required for the purposes |
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described in this subsection. Bond proceeds allocated pursuant |
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to paragraph (c) may be used to purchase lands on the priority |
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lists developed pursuant to s. 259.035. Title to lands purchased |
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pursuant to paragraphs (a), (d), (e), (f), and (g) shall be |
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vested in the Board of Trustees of the Internal Improvement |
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Trust Fund. Title to lands purchased pursuant to paragraph (c) |
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may be vested in the Board of Trustees of the Internal |
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Improvement Trust Fund. The board of trustees shall hold title |
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to land protection agreements and conservation easements that |
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were or will be acquired pursuant to s. 380.0677, and the |
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Southwest Florida Water Management District and the St. Johns |
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River Water Management District shall monitor such agreements |
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and easements within their respective districts until the state |
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assumes this responsibility. |
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Section 7. Paragraph (a) of subsection (6) of section |
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373.4136, Florida Statutes, is amended to read: |
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373.4136 Establishment and operation of mitigation |
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banks.-- |
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(6) MITIGATION SERVICE AREA.--The department or water |
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management district shall establish a mitigation service area |
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for each mitigation bank permit. The department or water |
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management district shall notify and consider comments received |
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on the proposed mitigation service area from each local |
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government within the proposed mitigation service area. Except |
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as provided herein, mitigation credits may be withdrawn and used |
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only to offset adverse impacts in the mitigation service area. |
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The boundaries of the mitigation service area shall depend upon |
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the geographic area where the mitigation bank could reasonably |
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be expected to offset adverse impacts. Mitigation service areas |
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may overlap, and mitigation service areas for two or more |
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mitigation banks may be approved for a regional watershed. |
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(a) In determining the boundaries of the mitigation |
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service area, the department or the water management district |
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shall consider the characteristics, size, and location of the |
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mitigation bank and, at a minimum, the extent to which the |
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mitigation bank: |
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1. Contributes to a regional integrated ecological |
374
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network; |
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2. Will significantly enhance the water quality or |
376
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restoration of an offsite receiving water body that is |
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designated as an Outstanding Florida Water, a Wild and Scenic |
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River, an aquatic preserve, a water body designated in a plan |
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adopted pursuant to s. 373.456 ofthe Surface Water Improvement |
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and Management Act, or a nationally designated estuarine |
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preserve; |
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3. Will provide for the long-term viability of endangered |
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or threatened species or species of special concern; |
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4. Is consistent with the objectives of a regional |
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management plan adopted or endorsed by the department or water |
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management districts; and |
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5. Can reasonably be expected to offset specific types of |
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wetland impacts within a specific geographic area. A mitigation |
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bank need not be able to offset all expected impacts within its |
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service area. |
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Section 8. Paragraph (b) of subsection (3) and paragraph |
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(a) of subsection (7) of section 403.067, Florida Statutes, are |
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amended to read: |
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403.067 Establishment and implementation of total maximum |
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daily loads.-- |
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(3) ASSESSMENT.-- |
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(b) The department shall adopt by rule a methodology for |
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determining those waters which are impaired. The rule shall |
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provide for consideration as to whether water quality standards |
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codified in chapter 62-302, Florida Administrative Code, are |
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being exceeded, based on objective and credible data, studies |
402
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and reports, including surface water improvement and management |
403
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plans approved by water management districts under s. 373.456 |
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and pollutant load reduction goals developed according to |
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department rule. Such rule also shall set forth: |
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1. Water quality sample collection and analysis |
407
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requirements, accounting for ambient background conditions, |
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seasonal and other natural variations; |
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2. Approved methodologies; |
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3. Quality assurance and quality control protocols; |
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4. Data modeling; and |
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5. Other appropriate water quality assessment measures. |
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(7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-- |
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(a) The department shall be the lead agency in |
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coordinating the implementation of the total maximum daily loads |
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through water quality protection programs. Application of a |
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total maximum daily load by a water management district shall be |
418
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consistent with this section and shall not require the issuance |
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of an order or a separate action pursuant to s. 120.536(1) or s. |
420
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120.54 for adoption of the calculation and allocation previously |
421
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established by the department. Such programs may include, but |
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are not limited to: |
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1. Permitting and other existing regulatory programs; |
424
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2. Nonregulatory and incentive-based programs, including |
425
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best management practices, cost sharing, waste minimization, |
426
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pollution prevention, and public education; |
427
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3. Other water quality management and restoration |
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activities, for example surface water improvement and management |
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plans approved by water management districts under s. 373.456or |
430
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watershed or basin management plans developed pursuant to this |
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subsection; |
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4. Pollutant trading or other equitable economically based |
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agreements; |
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5. Public works including capital facilities; or |
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6. Land acquisition. |
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Section 9. Paragraph (e) of subsection (7) of section |
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403.1835, Florida Statutes, is amended to read: |
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403.1835 Water pollution control financial assistance.-- |
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(7) Eligible projects must be given priority according to |
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the extent each project is intended to remove, mitigate, or |
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|
prevent adverse effects on surface or ground water quality and |
442
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public health. The relative costs of achieving environmental and |
443
|
public health benefits must be taken into consideration during |
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the department's assignment of project priorities. The |
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department shall adopt a priority system by rule. In developing |
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the priority system, the department shall give priority to |
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projects that: |
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(e) Assist in the implementation of surface water |
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improvement and management plans approved under s. 373.456and |
450
|
pollutant load reduction goals developed under state water |
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policy; |
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Section 10. This act shall take effect upon becoming a |
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law. |