Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2538
                        Barcode 942672
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/18/2006 06:56 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Environmental Preservation (Argenziano)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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
                                  1
    12:24 PM   04/16/06                             s2538.ep03.001

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.-- 2 12:24 PM 04/16/06 s2538.ep03.001
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 3 12:24 PM 04/16/06 s2538.ep03.001
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. 4 12:24 PM 04/16/06 s2538.ep03.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2538 Barcode 942672 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. 5 12:24 PM 04/16/06 s2538.ep03.001
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 6 12:24 PM 04/16/06 s2538.ep03.001
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. 14 15 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 19 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 7 12:24 PM 04/16/06 s2538.ep03.001
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. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 12:24 PM 04/16/06 s2538.ep03.001