Senate Bill sb2538c1

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    Florida Senate - 2006                           CS for SB 2538

    By the Committee on Environmental Preservation; and Senators
    Argenziano and Crist




    592-2297-06

  1                      A bill to be entitled

  2         An act relating to the Florida Springs

  3         Protection Act; creating pt. IV of ch. 369,

  4         F.S., relating to springs protection; creating

  5         s. 369.401, F.S.; providing a short title;

  6         creating s. 369.403, F.S.; providing

  7         legislative intent; creating s. 369.405, F.S.;

  8         creating the Florida Springs Commission;

  9         providing for membership and the appointment of

10         certain members by the Governor and the

11         Legislature; authorizing reimbursement for per

12         diem and travel expenses; authorizing

13         appointment of technical subcommittees;

14         directing state agencies and requesting local

15         governments to provide assistance to the

16         commission; requiring the Department of

17         Environmental Protection and water management

18         districts to identify and map certain springs;

19         requiring the commission to perform certain

20         assessments; providing requirements for such

21         assessments;  requiring the commission to

22         evaluate the assessments and recommend

23         strategies for protecting and ensuring the

24         long-term viability of the state's springs;

25         providing requirements and procedures therefor;

26         requiring a model springs protection plan;

27         providing a dissolution date for the

28         commission; providing an effective date.

29  

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

31  

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    Florida Senate - 2006                           CS for SB 2538
    592-2297-06




 1         Section 1.  Part IV of chapter 369, Florida Statutes,

 2  consisting of sections 369.401, 369.403, and 369.405, is

 3  created to read:

 4                             PART IV

 5                        SPRINGS PROTECTION

 6         369.401  Short title.--This part may be cited as the

 7  "Florida Springs Protection Act."

 8         369.403  Legislative findings and intent.--

 9         (1)  The Legislature finds that Florida springs,

10  whether in urban or rural settings, public parks, or private

11  lands, are threatened by actual and potential flow reductions

12  and declining water quality. As a result of climate patterns

13  and population changes over the past 30 years, many of

14  Florida's springs exhibit signs of distress, including

15  increased nutrient loads and lower discharges. The groundwater

16  that feeds springs is recharged by seepage from the surface,

17  from surface runoff, and through direct conduits such as

18  sinkholes.

19         (2)  The Legislature further finds that springs and

20  groundwater damaged by overuse can be restored through good

21  stewardship, including effective planning strategies and best

22  management practices to preserve and protect the springs. Land

23  use planning decisions can protect and improve spring water

24  quality and quantity, as well as upland resources. Managing

25  land use types and allowable densities and intensities of

26  development, followed by specific site planning to further

27  minimize impacts, are important goals.

28         (3)  The Legislature further finds that development in

29  Florida will add to the pressure already affecting the surface

30  water and groundwater resources within each area that

31  contributes to spring flow.

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    Florida Senate - 2006                           CS for SB 2538
    592-2297-06




 1         (4)  The Legislature further finds that a need exists

 2  to provide for land use decisions that protect property rights

 3  while ensuring the long-term viability of the springs in

 4  Florida.

 5         (5)  The Legislature further finds that cooperative

 6  coordinated efforts, such as the Suwannee River Partnership

 7  and the Wekiva River Basin Coordinating Committee, implemented

 8  by state and regional agencies, local governments, and

 9  affected interests, can best develop the mechanisms to protect

10  Florida's springs. It is therefore the intent of the

11  Legislature to create the Florida Springs Commission for the

12  purpose of identifying protection, restoration, and

13  preservation strategies for Florida springs.

14         369.405  Florida Springs Commission.--

15         (1)(a)  The Florida Springs Commission is hereby

16  created and shall include:

17         1.  The Commissioner of Agriculture, the Secretary of

18  Community Affairs, the Secretary of Environmental Protection,

19  the Secretary of Transportation, and the Secretary of Health,

20  the executive director of the Fish and Wildlife Conservation

21  Commission, a representative from a water management district

22  governing board, a representative from a regional planning

23  council, a representative from the Florida Chamber of

24  Commerce, a representative from the Florida Association of

25  Community Developers, a representative from the American Water

26  Works Association, and a representative from the Florida Home

27  Builders Association.

28         2.  Three members appointed by the Governor consisting

29  of:

30         a.  A member of an environmental organization.

31         b.  A property owner interested in springs protection.

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    Florida Senate - 2006                           CS for SB 2538
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 1         c.  A member from the business community.

 2         3.  Three members appointed by the President of the

 3  Senate consisting of:

 4         a.  A member of the Senate.

 5         b.  A locally elected county or municipal official.

 6         c.  A member of a conservation organization.

 7         4.  Three members appointed by the Speaker of the House

 8  of Representatives consisting of:

 9         a.  A member of the House of Representatives.

10         b.  A locally elected county or municipal official.

11         c.  A member of the agricultural community.

12         (b)  The Secretary of Environmental Protection shall

13  serve as chair of the commission.

14         (c)  Members of the commission shall serve without

15  compensation, but shall be reimbursed for per diem and travel

16  expenses in accordance with s. 112.061.

17         (d)  The state and regional governmental commission

18  members may designate a senior staff person, who shall have

19  full voting authority to represent the entity.

20         (e)  The commission may appoint technical subcommittees

21  to assist in the completion of the work of the commission, and

22  such technical subcommittees may include qualified persons not

23  on the commission.

24         (f)  All state agencies are directed, and all other

25  agencies and local governments are requested, to render

26  assistance to and cooperate with the commission.

27         (2)(a)  The commission shall perform an assessment of

28  the existing conditions of all first and second magnitude

29  springs. The assessment for each spring shall include, at a

30  minimum, the following information:

31         1.  Current land owner.

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    Florida Senate - 2006                           CS for SB 2538
    592-2297-06




 1         2.  Latitude and longitude.

 2         3.  Water quality, water quantity, and water use.

 3         4.  Wetlands.

 4         5.  Geology and soils.

 5         6.  Vegetation.

 6         7.  Floodplain area.

 7         8.  Infrastructure.

 8         9.  Fish and wildlife resources.

 9         10.  Cultural and archaeological resources.

10         11.  Public access and use.

11         12.  Land use.

12         13.  Hazardous materials.

13         14.  Public health and safety.

14         15.  Aesthetics and scenic resources.

15         16.  Socioeconomics.

16         (b)  To assist the commission, the Department of

17  Environmental Protection shall work with the water management

18  districts to identify and map all first and second magnitude

19  springs within each district. The department and districts

20  shall cooperatively perform an assessment and create a uniform

21  geographic information system standard for collecting and

22  reporting springs data.

23         (3)  It is recognized that many springs protection

24  policies and programs have been developed or implemented

25  through ongoing efforts. An evaluation of these policies and

26  programs can serve as a baseline and will greatly assist the

27  commission in the development of its recommended strategies.

28         (4)  The commission shall evaluate the assessments and

29  recommend strategies for protecting and ensuring the long-term

30  viability of the state's springs. In conducting this

31  

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    Florida Senate - 2006                           CS for SB 2538
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 1  evaluation and developing its recommended strategies, the

 2  commission shall consider:

 3         (a)  The protection of property rights.

 4         (b)  The effectiveness and application of current land

 5  use strategies.

 6         (c)  The development and application of innovative land

 7  use planning strategies.

 8         (d)  The effectiveness and sufficiency of existing

 9  regulations.

10         (e)  The use of regional partnerships, best management

11  practices, and other incentive-based nonregulatory programs.

12         (f)  Relevant studies, springs protection initiatives,

13  and other information currently available for springs

14  protection, including those conducted or provided by:

15         1.  The Suwannee River Partnership.

16         2.  The Wekiva Basin Area Task Force.

17         3.  The Wekiva River Basin Coordinating Committee.

18         4.  The Florida Springs Initiative in the Department of

19  Environmental Protection.

20         5.  The Florida Springs Task Force.

21         (g)  The use of basin management action plans developed

22  by the Department of Environmental Protection pursuant to the

23  implementation of the total maximum daily load program under

24  s. 403.067.

25         (5)  The commission shall develop an overall model

26  springs protection plan that applies its recommended

27  strategies developed pursuant to subsection (4). The model

28  plan shall contain components that can be used by state

29  agencies, local governments, and individuals for more detailed

30  individual springs protection plans. Each individual plan

31  shall provide a 5-year strategy for the use and management of

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    Florida Senate - 2006                           CS for SB 2538
    592-2297-06




 1  the springs based on information from the assessment conducted

 2  by the commission under subsection (2). The model plan shall

 3  include, at a minimum, the following components:

 4         (a)  An analysis of environmental conditions.

 5         (b)  An analysis of present use patterns.

 6         (c)  An analysis of the ability of the spring to

 7  support increased public use.

 8         (d)  A discussion of the economic potential of spring

 9  use by the public.

10         (e)  A discussion of actions needed to promote

11  increased public use.

12         (f)  A discussion of infrastructure requirements.

13         (g)  A discussion of personnel requirements.

14         (h)  A discussion of security needs.

15         (i)  A discussion of limits on spring use to avoid

16  permanent detrimental impacts to the spring.

17         (j)  A discussion of strategies to leverage resources

18  for springs protection.

19         (k)  A discussion of a long-term management partnership

20  among the state, regional, and local governments and

21  individuals within the area.

22         (6)  The commission may develop and recommend other

23  appropriate measures necessary to achieve springs protection.

24         (7)  In developing its recommendations, the commission

25  shall receive and consider public comment and shall otherwise

26  maximize public participation from all affected parties.

27         (8)  The commission shall expire July 1, 2010.

28         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                           CS for SB 2538
    592-2297-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2538

 3                                 

 4  The committee substitute provides for the creation of the
    Florida Springs Commission and adds representatives from the
 5  Florida Chamber of Commerce, the Florida Association of
    Community Developers, the American Water Works Association and
 6  the Florida Home Builders Association as commission members.
    Requirements providing for joint appointments by the Governor
 7  and the Legislature are revised to provide that the Governor
    shall appoint three members, the President of the Senate shall
 8  appoint three members, and the Speaker of the House of
    Representative shall appoint three members.  Of the
 9  legislative appointees, one must be a member of the Senate and
    one must be a member of the House of Representatives.  The
10  committee substitute clarifies the responsibilities of the
    commission when conducting assessments of the existing
11  conditions at all first and second magnitude springs.

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