Senate Bill sb1352

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    Florida Senate - 2005                                  SB 1352

    By Senator Aronberg





    27-847-05                                           See HB 655

  1                      A bill to be entitled

  2         An act relating to the Florida Inland

  3         Navigation District; amending s. 374.984, F.S.;

  4         providing responsibility and authority of the

  5         Board of Commissioners of the Florida Inland

  6         Navigational District with respect to that

  7         portion of the Okeechobee Waterway located in

  8         Martin and Palm Beach Counties; revising the

  9         list of acts authorizing and directing the

10         improvement and maintenance of the Intracoastal

11         Waterway and that portion of the Okeechobee

12         Waterway located in Martin and Palm Beach

13         Counties; providing an exception for

14         maintaining the navigability of the Okeechobee

15         Waterway under certain circumstances; providing

16         an effective date.

17  

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

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20         Section 1.  Section 374.984, Florida Statutes, is

21  amended to read:

22         374.984  Purpose; powers and duties.--It is the purpose

23  and intent of this act that the board perform and do all

24  things which shall be requisite and necessary to comply with

25  the requirements and conditions imposed upon a "local

26  interest" by the Congress of the United States in the several

27  acts authorizing and directing the improvement and maintenance

28  of the Intracoastal Waterway from St. Mary's River to the

29  southernmost boundary of Miami-Dade County and that portion of

30  the Okeechobee Waterway located in Martin and Palm Beach

31  Counties. Said acts include but are not limited to: the Rivers

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1  and Harbors Act approved January 21, 1927, as amended by the

 2  River and Harbor Act approved July 3, 1930; the River and

 3  Harbor Act of June 20, 1938; the River and Harbor Act of March

 4  2, 1945; and s. 107 of the Federal River and Harbor Act of

 5  1960. Pursuant thereto, the powers of the board shall include,

 6  but not be limited to:

 7         (1)  Obtaining by gift, donation, purchase, exchange,

 8  condemnation, or otherwise, and conveying, or causing to be

 9  conveyed, free of cost to the United States, necessary

10  right-of-way property, and in addition thereto, suitable fee

11  simple or easement areas (as determined by the board) for the

12  deposit of dredged material in connection with the work of

13  improving or constructing, or both, the aforementioned

14  waterway and its subsequent maintenance, including future

15  improvement of said Intracoastal Waterway, with a view to

16  providing a general depth of 12 feet, more or less, depending

17  upon specific local conditions, referred to the plane of local

18  mean water, and a width appropriate to said depth and such

19  improvements as may be authorized and adopted by the Congress

20  of the United States, and in connection with the subsequent

21  maintenance of said waterway so improved. Prior to acquiring

22  any property for the deposit of dredged material, the district

23  shall inform the county and, if applicable, the municipalities

24  in which the property to be acquired is located of the

25  district's intent to acquire such property and the district

26  shall further hold a public meeting to advise the residents of

27  the area of its intent. Such public meeting shall be noticed

28  in a paper of general circulation in the county in which the

29  meeting is to be held not less than 15 days prior to the

30  meeting, said notice to contain the date, time, and place of

31  

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1  the meeting and to identify the potential acquisition site or

 2  sites.

 3         (2)  Obtaining by gift, donation, purchase, exchange,

 4  condemnation, or otherwise, and furnishing, free of cost, to

 5  the United States, any property, property right of every

 6  description, easement, riparian right, interest in property,

 7  and suitable dredged material management areas outside of said

 8  right-of-way that may be necessary to the United States for

 9  the construction, maintenance, or operation of said waterway.

10         (3)  Contracting for the purchase of any property to be

11  acquired or obtained by the board under the provisions of this

12  act and paying the purchase price therefor in a lump sum or in

13  installments or deferred payments upon such terms as the board

14  shall determine, said contract of purchase to provide for the

15  payment of interest not to exceed the maximum interest rate

16  permitted by law upon deferred payments. Any acquisition of

17  property, other than by eminent domain, shall be pursuant to

18  rules adopted by the board.

19         (4)  Exercising and using the right of eminent domain,

20  and condemning for the use of the district or to effect the

21  purposes of this act, or both, any and all lands, easements,

22  areas for deposit of dredged materials, right-of-way, riparian

23  rights, and/or property rights of every description required

24  for the public purposes and powers of the board. Such

25  condemnation proceeding shall be maintained by and in the name

26  of the district and the procedures shall be those prescribed

27  and set forth in chapters 73 and 74, as amended from time to

28  time, prescribing the procedure for condemnation by counties,

29  and the same rights and powers shall accrue to said district

30  under such procedures defined and set forth as accruing to the

31  counties in chapters 73 and 74, as well as pursuant to any

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1  other general law pertaining thereto, and the district and the

 2  board are hereby vested with power and authority to pay such

 3  judgment or compensation awarded in any such proceedings out

 4  of any fund available for the purchase of right-of-way, areas

 5  for deposit of dredged material, or other property under the

 6  provisions of this act.

 7         (5)  Assuming and/or relieving the United States from

 8  the cost, expense, and/or obligation of constructing,

 9  reconstructing, maintaining, and/or operating any bridge over

10  said Intracoastal Waterway, whenever, in the judgment of the

11  board of commissioners, such action is necessary or proper

12  upon its part to fully comply with the requirements and

13  conditions imposed upon "local interests" by the Congress of

14  the United States in the several acts authorizing and

15  directing the improvement, navigability, and maintenance of

16  the Intracoastal Waterway from St. Mary's River to the

17  southernmost boundary of Miami-Dade County and that portion of

18  the Okeechobee Waterway located in Martin and Palm Beach

19  Counties; the expense therefor to be paid as a necessary

20  expense of the district. The board is authorized and empowered

21  to contract with the board of county commissioners of each or

22  any county in the district to the end that, for a

23  consideration from the district, said board of county

24  commissioners, or county, shall assume the responsibility for

25  any or all of the following activities: the construction,

26  reconstruction, maintenance, or operation of any such bridge.

27  Any of said board of county commissioners or county is hereby

28  authorized and empowered to enter into such a contract with

29  the board of the district, and such contract shall be binding

30  and obligatory upon said county or counties and the district.

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1         (6)(a)  Contracting directly for, or entering into

 2  agreement from time to time with the district engineer of the

 3  Jacksonville, Florida, United States Army Corps of Engineers

 4  district, or other agency or party, to contribute toward the

 5  cost of dredging performed on the waterway, to construct

 6  retaining bulkheads, dikes, and levees, to construct ditches

 7  for the control of water discharged by the dredges, and to do

 8  all other work and/or things which, in the judgment of the

 9  board, shall be proper and necessary to produce economies in

10  meeting the conditions with respect to right-of-way and

11  dredged material management areas imposed upon a "local

12  interest" by the Congress of the United States in the several

13  acts authorizing and directing the improvement, navigability,

14  and maintenance of the Intracoastal Waterway from St. Mary's

15  River to the southernmost boundary of Miami-Dade County and

16  that portion of the Okeechobee Waterway located in Martin and

17  Palm Beach Counties.

18         (b)  In order to effectuate the purpose and intent of

19  any law or laws that may heretofore have been, or may

20  hereafter be, enacted by the Congress of the United States,

21  authorizing and directing the Secretary of the Army to make

22  preliminary examinations and surveys of the Intracoastal

23  Waterway from St. Mary's River to the southernmost boundary of

24  Miami-Dade County and that portion of the Okeechobee Waterway

25  located in Martin and Palm Beach Counties, the board is

26  authorized and empowered to collect, compile, and furnish to

27  the Secretary of the Army, or his or her officers and agents,

28  data, statistics, and other appropriate information bearing on

29  the advantages, benefits, and increased usefulness that may be

30  expected to accrue to the public and to the counties traversed

31  by the Intracoastal Waterway from St. Mary's River to the

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1  southernmost boundary of Miami-Dade County and that portion of

 2  the Okeechobee Waterway located in Martin and Palm Beach

 3  Counties, by reason of any improvement thereof, that may

 4  subsequently be authorized by the Congress of the United

 5  States.

 6         (c)  The board of county commissioners of Monroe County

 7  is hereby authorized and empowered to authorize the district

 8  to act as the board of county commissioners' agent in all

 9  matters pertaining to the extension of the inland waterway

10  into Monroe County. The board of county commissioners of

11  Monroe County is hereby authorized to levy an ad valorem tax

12  not to exceed 1 mill for the purpose of defraying the expenses

13  incurred by any action taken under this subsection. Moneys

14  received as a result of this levy shall be paid into an inland

15  waterway fund, the establishment of which is herewith

16  authorized. The district is herewith authorized and empowered

17  to act as the agent of Monroe County for extending the inland

18  waterway into Monroe County, to make charges therefor, and to

19  receive payment thereof.

20         (d)  The board is hereby authorized and empowered to

21  expend funds of the district for publicizing the Intracoastal

22  Waterway from St. Mary's River to the southernmost boundary of

23  Miami-Dade County and that portion of the Okeechobee Waterway

24  located in Martin and Palm Beach Counties, and its

25  availability to watercraft, and to print and distribute

26  information as to the route, channel, available depth, and

27  utility of said Intracoastal Waterway and such other

28  information and data as may, in the opinion of the board, be

29  desirable, useful, or attractive to give full information

30  regarding said waterway and/or to promote its use in

31  navigation by watercraft of all kinds.

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1         (e)  In order to defray the necessary expenses of the

 2  district and/or provide funds for expenditures incident to

 3  obtaining right-of-way or other property or easements and/or

 4  to pay the purchase price of said property and/or to defray

 5  other necessary expenses of the district or its board, the

 6  board is hereby authorized to borrow moneys from time to time

 7  for said purpose or purposes in an amount or amounts such that

 8  not in excess of $100,000 indebtedness will be outstanding at

 9  any one time.

10         (f)  All land owned, now or hereafter, by the district

11  shall be, and the same is, hereby exempted from taxation of

12  all kinds.

13         (g)  When the district desires to dispose of surplus

14  land, it shall declare such land surplus by resolution of the

15  board. Copies of said resolution shall be furnished to the

16  Secretary of Environmental Protection, the chair of the county

17  commissioners of the county in which the land is located, and,

18  in the event the land is within a municipality, the mayor of

19  said municipality. If any state agency, county, or

20  municipality desires to utilize said land for outdoor

21  recreation or conservation purposes and the Secretary of

22  Environmental Protection finds that the land is required by

23  the state, county, or city for its recreation or conservation

24  program, it shall notify the district in writing within 60

25  days after receiving a copy of the resolution. Priority shall

26  be in the state, county, and municipality in that order. The

27  land may then be conveyed with or without consideration to the

28  state agency, county, or municipality by the district;

29  provided, however, that said land be used for outdoor

30  recreation or conservation purpose in perpetuity by the

31  appropriate county, municipal, or state agency. If the

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    Florida Senate - 2005                                  SB 1352
    27-847-05                                           See HB 655




 1  district does not receive notice as specified above, it may

 2  sell the land at public auction.

 3         (h)  The district is designated the local interest

 4  sponsor for the sole purpose of maintaining navigability of

 5  that portion of the Okeechobee Waterway located in Martin and

 6  Palm Beach Counties County and extending from the Intracoastal

 7  Waterway to the St. Lucie lock. The Legislature recognizes

 8  that the water level of Lake Okeechobee and the section of the

 9  Okeechobee Waterway within the lake are subject to natural

10  weather cycles and lake management strategies that may

11  adversely affect navigation. As such actions are outside of

12  the district's control, the district shall not be required to

13  undertake actions to restore navigation when lake levels are

14  less than 12.56 feet National Geodetic Vertical Datum.

15         Section 2.  This act shall take effect July 1, 2005.

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