Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
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. Part IV of chapter 369, Florida Statutes,
19 consisting of sections 369.401, 369.403, and 369.405, is
20 created to read:
21 PART IV
22 SPRINGS PROTECTION
23 369.401 Short title.--This part may be cited as the
24 "Florida Springs Protection Act."
25 369.403 Legislative findings and intent.--
26 (1) The Legislature finds that Florida springs,
27 whether in urban or rural settings, public parks, or private
28 lands, are threatened by actual and potential flow reductions
29 and declining water quality. As a result of climate patterns
30 and population changes over the past 30 years, many of
31 Florida's springs exhibit signs of distress, including
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 increased nutrient loads and lower discharges. The groundwater
2 that feeds springs is recharged by seepage from the surface,
3 from surface runoff, and through direct conduits such as
4 sinkholes.
5 (2) The Legislature further finds that springs and
6 groundwater damaged by overuse can be restored through good
7 stewardship, including effective planning strategies and best
8 management practices to preserve and protect the springs. Land
9 use planning decisions can protect and improve spring water
10 quality and quantity, as well as upland resources. Managing
11 land use types and allowable densities and intensities of
12 development, followed by specific site planning to further
13 minimize impacts, are important goals.
14 (3) The Legislature further finds that development in
15 Florida will add to the pressure already affecting the surface
16 water and groundwater resources within each area that
17 contributes to spring flow.
18 (4) The Legislature further finds that a need exists
19 to provide for land use decisions that protect property rights
20 while ensuring the long-term viability of the springs in
21 Florida.
22 (5) The Legislature further finds that cooperative
23 coordinated efforts, such as the Suwannee River Partnership
24 and the Wekiva River Basin Coordinating Committee, implemented
25 by state and regional agencies, local governments, and
26 affected interests, can best develop the mechanisms to protect
27 Florida's springs. It is therefore the intent of the
28 Legislature to create the Florida Springs Commission for the
29 purpose of identifying protection, restoration, and
30 preservation strategies for Florida springs.
31 369.405 Florida Springs Commission.--
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 (1)(a) The Florida Springs Commission is hereby
2 created and shall include:
3 1. The Commissioner of Agriculture, the Secretary of
4 Community Affairs, the Secretary of Environmental Protection,
5 the Secretary of Transportation, and the Secretary of Health,
6 the executive director of the Fish and Wildlife Conservation
7 Commission, a representative from a water management district
8 governing board, a representative from a regional planning
9 council, a representative from the Florida Chamber of
10 Commerce, a representative from the Florida Association of
11 Community Developers, a representative from the American Water
12 Works Association, and a representative from the Florida Home
13 Builders Association.
14 2. Three members appointed by the Governor consisting
15 of:
16 a. A member of an environmental organization.
17 b. A property owner interested in springs protection.
18 c. A member from the business community.
19 3. Three members appointed by the President of the
20 Senate consisting of:
21 a. A member of the Senate.
22 b. A locally elected county or municipal official.
23 c. A member of a conservation organization.
24 4. Three members appointed by the Speaker of the House
25 of Representatives consisting of:
26 a. A member of the House of Representatives.
27 b. A locally elected county or municipal official.
28 c. A member of the agricultural community.
29 (b) The Secretary of Environmental Protection shall
30 serve as chair of the commission.
31 (c) Members of the commission shall serve without
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 compensation, but shall be reimbursed for per diem and travel
2 expenses in accordance with s. 112.061.
3 (d) The state and regional governmental commission
4 members may designate a senior staff person, who shall have
5 full voting authority to represent the entity.
6 (e) The commission may appoint technical subcommittees
7 to assist in the completion of the work of the commission, and
8 such technical subcommittees may include qualified persons not
9 on the commission.
10 (f) All state agencies are directed, and all other
11 agencies and local governments are requested, to render
12 assistance to and cooperate with the commission.
13 (2)(a) The commission shall perform an assessment of
14 the existing conditions of all first and second magnitude
15 springs. The assessment for each spring shall include, at a
16 minimum, the following information:
17 1. Current land owner.
18 2. Latitude and longitude.
19 3. Water quality, water quantity, and water use.
20 4. Wetlands.
21 5. Geology and soils.
22 6. Vegetation.
23 7. Floodplain area.
24 8. Infrastructure.
25 9. Fish and wildlife resources.
26 10. Cultural and archaeological resources.
27 11. Public access and use.
28 12. Land use.
29 13. Hazardous materials.
30 14. Public health and safety.
31 15. Aesthetics and scenic resources.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
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1 16. Socioeconomics.
2 (b) To assist the commission, the Department of
3 Environmental Protection shall work with the water management
4 districts to identify and map all first and second magnitude
5 springs within each district. The department and districts
6 shall cooperatively perform an assessment and create a uniform
7 geographic information system standard for collecting and
8 reporting springs data.
9 (3) It is recognized that many springs protection
10 policies and programs have been developed or implemented
11 through ongoing efforts. An evaluation of these policies and
12 programs can serve as a baseline and will greatly assist the
13 commission in the development of its recommended strategies.
14 (4) The commission shall evaluate the assessments and
15 recommend strategies for protecting and ensuring the long-term
16 viability of the state's springs. In conducting this
17 evaluation and developing its recommended strategies, the
18 commission shall consider:
19 (a) The protection of property rights.
20 (b) The effectiveness and application of current land
21 use strategies.
22 (c) The development and application of innovative land
23 use planning strategies.
24 (d) The effectiveness and sufficiency of existing
25 regulations.
26 (e) The use of regional partnerships, best management
27 practices, and other incentive-based nonregulatory programs.
28 (f) Relevant studies, springs protection initiatives,
29 and other information currently available for springs
30 protection, including those conducted or provided by:
31 1. The Suwannee River Partnership.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 2. The Wekiva Basin Area Task Force.
2 3. The Wekiva River Basin Coordinating Committee.
3 4. The Florida Springs Initiative in the Department of
4 Environmental Protection.
5 5. The Florida Springs Task Force.
6 (g) The use of basin management action plans developed
7 by the Department of Environmental Protection pursuant to the
8 implementation of the total maximum daily load program under
9 s. 403.067.
10 (5) The commission shall develop an overall model
11 springs protection plan that applies its recommended
12 strategies developed pursuant to subsection (4). The model
13 plan shall contain components that can be used by state
14 agencies, local governments, and individuals for more detailed
15 individual springs protection plans. Each individual plan
16 shall provide a 5-year strategy for the use and management of
17 the springs based on information from the assessment conducted
18 by the commission under subsection (2). The model plan shall
19 include, at a minimum, the following components:
20 (a) An analysis of environmental conditions.
21 (b) An analysis of present use patterns.
22 (c) An analysis of the ability of the spring to
23 support increased public use.
24 (d) A discussion of the economic potential of spring
25 use by the public.
26 (e) A discussion of actions needed to promote
27 increased public use.
28 (f) A discussion of infrastructure requirements.
29 (g) A discussion of personnel requirements.
30 (h) A discussion of security needs.
31 (i) A discussion of limits on spring use to avoid
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 permanent detrimental impacts to the spring.
2 (j) A discussion of strategies to leverage resources
3 for springs protection.
4 (k) A discussion of a long-term management partnership
5 among the state, regional, and local governments and
6 individuals within the area.
7 (6) The commission may develop and recommend other
8 appropriate measures necessary to achieve springs protection.
9 (7) In developing its recommendations, the commission
10 shall receive and consider public comment and shall otherwise
11 maximize public participation from all affected parties.
12 (8) The commission shall expire July 1, 2010.
13 Section 2. This act shall take effect July 1, 2006.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 Delete everything before the enacting clause
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20 and insert:
21 A bill to be entitled
22 An act relating to the Florida Springs
23 Protection Act; creating pt. IV of ch. 369,
24 F.S., relating to springs protection; creating
25 s. 369.401, F.S.; providing a short title;
26 creating s. 369.403, F.S.; providing
27 legislative intent; creating s. 369.405, F.S.;
28 creating the Florida Springs Commission;
29 providing for membership and the appointment of
30 certain members by the Governor and the
31 Legislature; authorizing reimbursement for per
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2538
Barcode 942672
1 diem and travel expenses; authorizing
2 appointment of technical subcommittees;
3 directing state agencies and requesting local
4 governments to provide assistance to the
5 commission; requiring the Department of
6 Environmental Protection and water management
7 districts to identify and map certain springs;
8 requiring the commission to perform certain
9 assessments; providing requirements for such
10 assessments; requiring the commission to
11 evaluate the assessments and recommend
12 strategies for protecting and ensuring the
13 long-term viability of the state's springs;
14 providing requirements and procedures therefor;
15 requiring a model springs protection plan;
16 providing a dissolution date for the
17 commission; providing an effective date.
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