Senate Bill sb2368c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2368
By the Committee on Environmental Preservation; and Senator
Argenziano
592-1995-05
1 A bill to be entitled
2 An act relating to minimum flows and levels of
3 surface watercourses; amending s. 373.042,
4 F.S.; deleting a provision under which second
5 magnitude springs are not included on the
6 priority list under certain conditions;
7 requiring the Suwannee River Water Management
8 District and the Southwest Florida Water
9 Management District to establish minimum flows
10 and levels for certain magnitude springs by a
11 certain date; providing that such minimum flows
12 and levels are not subject to independent peer
13 review; requiring that a minimum flow or level
14 take effect notwithstanding the filing of a
15 petition for an administrative hearing;
16 amending s. 373.59, F.S.; authorizing the
17 Suwannee River Water Management District and
18 the Southwest Florida Water Management District
19 to use money from the Water Management Lands
20 Trust Fund for the purpose of establishing
21 minimum flows or levels for first and second
22 magnitude springs; providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsection (2) of section 373.042, Florida
27 Statutes, is amended to read:
28 373.042 Minimum flows and levels.--
29 (2)(a) By November 15, 1997, and annually thereafter,
30 each water management district shall submit to the department
31 for review and approval a priority list and schedule for the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2368
592-1995-05
1 establishment of minimum flows and levels for surface
2 watercourses, aquifers, and surface waters within the
3 district. The priority list shall also identify those water
4 bodies for which the district will voluntarily undertake
5 independent scientific peer review.
6 (b) By January 1, 1998, and annually thereafter, each
7 water management district shall publish its approved priority
8 list and schedule in the Florida Administrative Weekly. The
9 priority list shall be based upon the importance of the waters
10 to the state or region and the existence of or potential for
11 significant harm to the water resources or ecology of the
12 state or region, and shall include those waters which are
13 experiencing or may reasonably be expected to experience
14 adverse impacts.
15 (c) By January 1, 2003, each water management
16 district's priority list and schedule shall include all first
17 magnitude springs, and all second magnitude springs within
18 state or federally owned lands purchased for conservation
19 purposes. The specific schedule for establishment of spring
20 minimum flows and levels shall be commensurate with the
21 existing or potential threat to spring flow from consumptive
22 uses. Springs within the Suwannee River Water Management
23 District, or second magnitude springs in other areas of the
24 state, need not be included on the priority list if the water
25 management district submits a report to the Department of
26 Environmental Protection demonstrating that adverse impacts
27 are not now occurring nor are reasonably expected to occur
28 from consumptive uses during the next 20 years. The priority
29 list and schedule shall not be subject to any proceeding
30 pursuant to chapter 120.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2368
592-1995-05
1 (d) By January 1, 2008, the Suwannee River Water
2 Management District and the Southwest Florida Water Management
3 District must establish minimum flows and levels for all first
4 and second magnitude springs remaining on their respective
5 priority lists on the effective date of this act. Minimum
6 flows and levels established under this paragraph are not
7 subject to the independent peer-review provisions of this
8 section. A minimum flow or level established under this
9 paragraph shall take effect even if a substantially affected
10 person files a petition for an administrative hearing under
11 chapter 120 challenging the establishment of the minimum flow
12 or level.
13 (e) Except as provided in subsection (3), the
14 development of a priority list and compliance with the
15 schedule for the establishment of minimum flows and levels
16 pursuant to this subsection shall satisfy the requirements of
17 subsection (1).
18 Section 2. Subsection (12) is added to section 373.59,
19 Florida Statutes, to read:
20 373.59 Water Management Lands Trust Fund.--
21 (12) Notwithstanding the provisions of this section,
22 in the 2005-2006 and 2006-2007 fiscal years, the Suwannee
23 River Water Management District and the Southwest Florida
24 Water Management District may each use not more than $4
25 million per year of moneys allocated to the respective
26 districts from the Water Management Lands Trust Fund,
27 including any unused portion and interest earnings on those
28 moneys, for the purposes of establishing minimum flows or
29 levels for first and second magnitude springs pursuant to s.
30 370.042(2)(d).
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2368
592-1995-05
1 Section 3. This act shall take effect upon becoming a
2 law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 2368
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7 The committee substute deletes a provision that the springs
within the Suwannee River Water Management District and second
8 magnitude springs in other areas of the state need not be
included on the water management district's minimum flows and
9 levels priority list under certain conditions.
10 Provides that by January 1, 2008, the Suwannee River Water
Management District and the Southwest Florida Water Management
11 District must establish minimum flows and levels for all first
and second magnitude springs remaining on their respective
12 priority lists on the effective date of the bill. Such minimum
flows and levels are not subject to independent peer review. A
13 minimum flow or level shall take effect even if a
substantially affected person files a petition for an
14 administrative hearing under ch. 120, F.S.
15 For the next 2 fiscal years, the Suwannee River Water
Management District and the Southwest Florida Water Management
16 District may each use not more than $4 million per year of
certain specified moneys for the establishment of minimum
17 flows and levels for first and second magnitude springs.
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