Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2368
Barcode 442466
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation (Argenziano)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (2) of section 373.042, Florida
19 Statutes, is amended to read:
20 373.042 Minimum flows and levels.--
21 (2)(a) By November 15, 1997, and annually thereafter,
22 each water management district shall submit to the department
23 for review and approval a priority list and schedule for the
24 establishment of minimum flows and levels for surface
25 watercourses, aquifers, and surface waters within the
26 district. The priority list shall also identify those water
27 bodies for which the district will voluntarily undertake
28 independent scientific peer review.
29 (b) By January 1, 1998, and annually thereafter, each
30 water management district shall publish its approved priority
31 list and schedule in the Florida Administrative Weekly. The
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2368
Barcode 442466
1 priority list shall be based upon the importance of the waters
2 to the state or region and the existence of or potential for
3 significant harm to the water resources or ecology of the
4 state or region, and shall include those waters which are
5 experiencing or may reasonably be expected to experience
6 adverse impacts.
7 (c) By January 1, 2003, each water management
8 district's priority list and schedule shall include all first
9 magnitude springs, and all second magnitude springs within
10 state or federally owned lands purchased for conservation
11 purposes. The specific schedule for establishment of spring
12 minimum flows and levels shall be commensurate with the
13 existing or potential threat to spring flow from consumptive
14 uses. Springs within the Suwannee River Water Management
15 District, or second magnitude springs in other areas of the
16 state, need not be included on the priority list if the water
17 management district submits a report to the Department of
18 Environmental Protection demonstrating that adverse impacts
19 are not now occurring nor are reasonably expected to occur
20 from consumptive uses during the next 20 years. The priority
21 list and schedule shall not be subject to any proceeding
22 pursuant to chapter 120.
23 (d) By January 1, 2008, the Suwannee River Water
24 Management District and the Southwest Florida Water Management
25 District must establish minimum flows and levels for all first
26 and second magnitude springs remaining on their respective
27 priority lists on the effective date of this act. Minimum
28 flows and levels established under this paragraph are not
29 subject to the independent peer-review provisions of this
30 section. A minimum flow or level established under this
31 paragraph shall take effect even if a substantially affected
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2368
Barcode 442466
1 person files a petition for an administrative hearing under
2 chapter 120 challenging the establishment of the minimum flow
3 or level.
4 (e) Except as provided in subsection (3), the
5 development of a priority list and compliance with the
6 schedule for the establishment of minimum flows and levels
7 pursuant to this subsection shall satisfy the requirements of
8 subsection (1).
9 Section 2. Subsection (12) is added to section 373.59,
10 Florida Statutes, to read:
11 373.59 Water Management Lands Trust Fund.--
12 (12) Notwithstanding the provisions of this section,
13 in the 2005-2006 and 2006-2007 fiscal years, the Suwannee
14 River Water Management District and the Southwest Florida
15 Water Management District may each use not more than $4
16 million per year of moneys allocated to the respective
17 districts from the Water Management Lands Trust Fund,
18 including any unused portion and interest earnings on those
19 moneys, for the purposes of establishing minimum flows or
20 levels for first and second magnitude springs pursuant to s.
21 370.042(2)(d).
22 Section 3. This act shall take effect upon becoming a
23 law.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
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30 and insert:
31 A bill to be entitled
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2368
Barcode 442466
1 An act relating to minimum flows and levels of
2 surface watercourses; amending s. 373.042,
3 F.S.; deleting a provision under which second
4 magnitude springs are not included on the
5 priority list under certain conditions;
6 requiring the Suwannee River Water Management
7 District and the Southwest Florida Water
8 Management District to establish minimum flows
9 and levels for certain magnitude springs by a
10 certain date; providing that such minimum flows
11 and levels are not subject to independent peer
12 review; requiring that a minimum flow or level
13 take effect notwithstanding the filing of a
14 petition for an administrative hearing;
15 amending s. 373.59, F.S.; authorizing the
16 Suwannee River Water Management District and
17 the Southwest Florida Water Management District
18 to use money from the Water Management Lands
19 Trust Fund for the purpose of establishing
20 minimum flows or levels for first and second
21 magnitude springs; providing an effective date.
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