Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2544
                        Barcode 143272
                            CHAMBER ACTION
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11  The Committee on Environmental Preservation (Dockery)
12  recommended the following substitute for amendment (213840):
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsections (2),(3),(4), and (10) of
19  section 259.105, Florida Statutes, are amended to read:
20         259.105  The Florida Forever Act.--
21         (2)(a)  The Legislature finds and declares that:
22         1.  The Preservation 2000 program provided tremendous
23  financial resources for purchasing environmentally significant
24  lands to protect those lands from imminent development,
25  thereby assuring present and future generations access to
26  important open spaces and recreation and conservation lands.
27         2.  The continued alteration and development of
28  Florida's natural areas to accommodate the state's rapidly
29  growing population have contributed to the degradation of
30  water resources, the fragmentation and destruction of wildlife
31  habitats, the loss of outdoor recreation space, and the
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 diminishment of wetlands, forests, and public beaches. 2 3. The potential development of Florida's remaining 3 natural areas and escalation of land values require a 4 continuation of government efforts to restore, bring under 5 public protection, or acquire lands and water areas to 6 preserve the state's invaluable quality of life. 7 4. Florida's groundwater, surface waters, and springs 8 are under tremendous pressure due to population growth and 9 economic expansion and require special protection and 10 restoration efforts. To ensure that sufficient quantities of 11 water are available to meet the current and future needs of 12 the natural systems and citizens of the state, and assist in 13 achieving the planning goals of the department and the water 14 management districts, water resource development projects on 15 public lands, where compatible with the resource values of and 16 management objectives for the lands, are appropriate. 17 5. The needs of urban Florida for high-quality outdoor 18 recreational opportunities, greenways, trails, and open space 19 have not been fully met by previous acquisition programs. 20 Through such programs as the Florida Communities Trust and the 21 Florida Recreation Development Assistance Program, the state 22 shall place additional emphasis on acquiring, protecting, 23 preserving, and restoring open space, greenways, and 24 recreation properties within urban areas where pristine 25 natural communities or water bodies no longer exist because of 26 the proximity of developed property. 27 6. Many of Florida's unique ecosystems, such as the 28 Florida Everglades, are facing ecological collapse due to 29 Florida's burgeoning population. To preserve these valuable 30 ecosystems for future generations, parcels of land must be 31 acquired to facilitate ecosystem restoration. 2 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 7. Access to public lands to support a broad range of 2 outdoor recreational opportunities and the development of 3 necessary infrastructure, where compatible with the resource 4 values of and management objectives for such lands, promotes 5 an appreciation for Florida's natural assets and improves the 6 quality of life. 7 8. Acquisition of lands, in fee simple or in any 8 lesser interest, should be based on a comprehensive assessment 9 of Florida's natural resources and planned so as to protect 10 the integrity of ecological systems and provide multiple 11 benefits, including preservation of fish and wildlife habitat, 12 recreation space for urban as well as rural areas, and water 13 recharge. 14 9. The state has embraced performance-based program 15 budgeting as a tool to evaluate the achievements of publicly 16 funded agencies, build in accountability, and reward those 17 agencies which are able to consistently achieve quantifiable 18 goals. While previous and existing state environmental 19 programs have achieved varying degrees of success, few of 20 these programs can be evaluated as to the extent of their 21 achievements, primarily because performance measures, 22 standards, outcomes, and goals were not established at the 23 outset. Therefore, the Florida Forever program shall be 24 developed and implemented in the context of measurable state 25 goals and objectives. 26 10. It is the intent of the Legislature to change the 27 focus and direction of the state's major land acquisition 28 programs and to extend funding and bonding capabilities, so 29 that future generations may enjoy the natural resources of 30 Florida. 31 (b) The Legislature recognizes that acquisition is 3 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 only one way to achieve the aforementioned goals and 2 encourages the development of creative partnerships between 3 governmental agencies and private landowners. Land protection 4 agreements and similar tools should be used, where 5 appropriate, to bring environmentally sensitive tracts under 6 an acceptable level of protection at a lower financial cost to 7 the public, and to provide private landowners with the 8 opportunity to enjoy and benefit from their property. 9 (c) Public agencies or other entities that receive 10 funds under this section are encouraged to better coordinate 11 their expenditures so that project acquisitions, when combined 12 with acquisitions under Preservation 2000, Save Our Rivers, 13 the Florida Communities Trust, and other public land 14 acquisition programs, will form more complete patterns of 15 protection for natural areas and functioning ecosystems, to 16 better accomplish the intent of this section. 17 (d) A long-term financial commitment to managing 18 Florida's public lands must accompany any new land acquisition 19 program to ensure that the natural resource values of such 20 lands are protected, that the public has the opportunity to 21 enjoy the lands to their fullest potential, and that the state 22 achieves the full benefits of its investment of public 23 dollars. 24 (e) With limited dollars available for restoration and 25 acquisition of land and water areas and for providing 26 long-term management and capital improvements, a competitive 27 selection process can select those projects best able to meet 28 the goals of Florida Forever and maximize the efficient use of 29 the program's funding. 30 (f) To ensure success and provide accountability to 31 the citizens of this state, it is the intent of the 4 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 Legislature that any bond proceeds used pursuant to this 2 section be used to implement the goals and objectives 3 recommended by the Florida Forever Advisory Council as 4 approved by the Board of Trustees of the Internal Improvement 5 Trust Fund and the Legislature. 6 (g) As it has with previous land acquisition programs, 7 the Legislature recognizes the desires of the citizens of this 8 state to prosper through economic development and to preserve 9 the natural areas and recreational open space of Florida. The 10 Legislature further recognizes the urgency of restoring the 11 natural functions of public lands or water bodies before they 12 are degraded to a point where recovery may never occur, yet 13 acknowledges the difficulty of ensuring adequate funding for 14 restoration efforts in light of other equally critical 15 financial needs of the state. It is the Legislature's desire 16 and intent to fund the implementation of this section and to 17 do so in a fiscally responsible manner, by issuing bonds to be 18 repaid with documentary stamp tax revenue. 19 (h) The Legislature further recognizes the importance 20 of state and federal military installations in protecting and 21 preserving the state and its natural resources, and in 22 contributing to the economic prosperity of the state. It is 23 therefore the Legislature's intent that where the goals of the 24 Florida Forever program overlap with the protection needs of 25 military installations, agencies receiving funds under the 26 Florida Forever program shall cooperate with the state's 27 military partners to protect and buffer military 28 installations, including areas identified as clear zones, 29 accident potential zones, air installation compatible use 30 zones, and other buffer zones as delineated by the state's 31 military partners. 5 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 (3) Less the costs of issuing and the costs of funding 2 reserve accounts and other costs associated with bonds, the 3 proceeds of bonds issued pursuant to this section shall be 4 deposited into the Florida Forever Trust Fund created by s. 5 259.1051. The proceeds shall be distributed by the Department 6 of Environmental Protection in the following manner: 7 (a) Thirty-five percent to the Department of 8 Environmental Protection for the acquisition of lands and 9 capital project expenditures necessary to implement the water 10 management districts' priority lists developed pursuant to s. 11 373.199. The funds are to be distributed to the water 12 management districts as provided in subsection (11). A 13 minimum of 50 percent of the total funds provided over the 14 life of the Florida Forever program pursuant to this paragraph 15 shall be used for the acquisition of lands. 16 (b) Thirty-five percent to the Department of 17 Environmental Protection for the acquisition of lands and 18 capital project expenditures described in this section. Of the 19 proceeds distributed pursuant to this paragraph, it is the 20 intent of the Legislature that an increased priority be given 21 to those acquisitions which achieve a combination of 22 conservation goals, including protecting Florida's water 23 resources and natural groundwater recharge, and those 24 acquisitions which protect and buffer military installations 25 where such needs are delineated by the state's military 26 partners. Capital project expenditures may not exceed 10 27 percent of the funds allocated pursuant to this paragraph. 28 (c) Twenty-two percent to the Department of Community 29 Affairs for use by the Florida Communities Trust for the 30 purposes of part III of chapter 380, as described and limited 31 by this subsection, and grants to local governments or 6 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 nonprofit environmental organizations that are tax exempt 2 under s. 501(c)(3) of the United States Internal Revenue Code 3 for the acquisition of community-based projects, urban open 4 spaces, parks, and greenways to implement local government 5 comprehensive plans. From funds available to the trust and 6 used for land acquisition, 75 percent shall be matched by 7 local governments on a dollar-for-dollar basis. The 8 Legislature intends that the Florida Communities Trust 9 emphasize funding projects in low-income or otherwise 10 disadvantaged communities. At least 30 percent of the total 11 allocation provided to the trust shall be used in Standard 12 Metropolitan Statistical Areas, but one-half of that amount 13 shall be used in localities in which the project site is 14 located in built-up commercial, industrial, or mixed-use areas 15 and functions to intersperse open spaces within congested 16 urban core areas. From funds allocated to the trust, no less 17 than 5 percent shall be used to acquire lands for recreational 18 trail systems, provided that in the event these funds are not 19 needed for such projects, they will be available for other 20 trust projects. Local governments may use federal grants or 21 loans, private donations, or environmental mitigation funds, 22 including environmental mitigation funds required pursuant to 23 s. 338.250, for any part or all of any local match required 24 for acquisitions funded through the Florida Communities Trust. 25 Any lands purchased by nonprofit organizations using funds 26 allocated under this paragraph must provide for such lands to 27 remain permanently in public use through a reversion of title 28 to local or state government, conservation easement, or other 29 appropriate mechanism. Projects funded with funds allocated 30 to the Trust shall be selected in a competitive process 31 measured against criteria adopted in rule by the Trust. 7 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 (d) Two percent to the Department of Environmental 2 Protection for grants to qualified local entities for the 3 acquisition or development of land for public outdoor 4 recreation purposes under pursuant to s. 375.075. 5 (e) One and five-tenths percent to the Department of 6 Environmental Protection for the purchase of inholdings and 7 additions to state parks and for capital project expenditures 8 as described in this section. Capital project expenditures may 9 not exceed 10 percent of the funds allocated under this 10 paragraph. For the purposes of this paragraph, "state park" 11 means any real property in the state which is under the 12 jurisdiction of the Division of Recreation and Parks of the 13 department, or which may come under its jurisdiction. 14 (f) One and five-tenths percent to the Division of 15 Forestry of the Department of Agriculture and Consumer 16 Services to fund the acquisition of state forest inholdings 17 and additions pursuant to s. 589.07, the implementation of 18 reforestation plans or sustainable forestry management 19 practices, and for capital project expenditures as described 20 in this section. Capital project expenditures may not exceed 21 10 percent of the funds allocated under this paragraph. 22 (g) One and five-tenths percent to the Fish and 23 Wildlife Conservation Commission to fund the acquisition of 24 inholdings and additions to lands managed by the commission 25 which are important to the conservation of fish and wildlife 26 and for capital project expenditures as described in this 27 section. Capital project expenditures may not exceed 10 28 percent of the funds allocated under this paragraph. 29 (h) One and five-tenths percent to the Department of 30 Environmental Protection for the Florida Greenways and Trails 31 Program, to acquire greenways and trails or greenways and 8 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 trail systems pursuant to chapter 260, including, but not 2 limited to, abandoned railroad rights-of-way and the Florida 3 National Scenic Trail and for capital project expenditures as 4 described in this section. Capital project expenditures may 5 not exceed 10 percent of the funds allocated under this 6 paragraph. 7 (i) It is the intent of the Legislature that proceeds 8 of Florida Forever bonds distributed under this section shall 9 be expended in an efficient and fiscally responsible manner. 10 An agency that receives proceeds from Florida Forever bonds 11 under this section may not maintain a balance of unencumbered 12 funds in its Florida Forever subaccount beyond 3 fiscal years 13 from the date of deposit of funds from each bond issue. Any 14 funds that have not been expended or encumbered after 3 fiscal 15 years from the date of deposit shall be distributed by the 16 Legislature at its next regular session for use in the Florida 17 Forever program. 18 (j) For the purposes of paragraphs (d), (e), (f), and 19 (g), the agencies which receive the funds shall develop their 20 individual acquisition or restoration lists. Proposed 21 additions may be acquired if they are identified within the 22 original project boundary, the management plan required 23 pursuant to s. 253.034(5), or the management prospectus 24 required pursuant to s. 259.032(9)(d). Proposed additions not 25 meeting the requirements of this paragraph shall be submitted 26 to the Acquisition and Restoration Council for approval. The 27 council may only approve the proposed addition if it meets two 28 or more of the following criteria: serves as a link or 29 corridor to other publicly owned property; enhances the 30 protection or management of the property; would add a 31 desirable resource to the property; would create a more 9 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 manageable boundary configuration; has a high resource value 2 that otherwise would be unprotected; or can be acquired at 3 less than fair market value. 4 (4) It is the intent of the Legislature that projects 5 or acquisitions funded pursuant to paragraphs (3)(a) and (b) 6 contribute to the achievement of the following goals: 7 (a) Enhance the coordination and completion of land 8 acquisition projects, as measured by: 9 1. The number of acres acquired through the state's 10 land acquisition programs that contribute to the completion of 11 Florida Preservation 2000 projects or projects begun before 12 Preservation 2000; 13 2. The number of acres protected through the use of 14 alternatives to fee simple acquisition; or 15 3. The number of shared acquisition projects among 16 Florida Forever funding partners and partners with other 17 funding sources, including local governments and the Federal 18 Government. 19 (b) Increase the protection of Florida's biodiversity 20 at the species, natural community, and landscape levels, as 21 measured by: 22 1. The number of acres acquired of significant 23 strategic habitat conservation areas; 24 2. The number of acres acquired of highest priority 25 conservation areas for Florida's rarest species; 26 3. The number of acres acquired of significant 27 landscapes, landscape linkages, and conservation corridors, 28 giving priority to completing linkages; 29 4. The number of acres acquired of underrepresented 30 native ecosystems; 31 5. The number of landscape-sized protection areas of 10 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 at least 50,000 acres that exhibit a mosaic of predominantly 2 intact or restorable natural communities established through 3 new acquisition projects or augmentations to previous 4 projects; or 5 6. The percentage increase in the number of 6 occurrences of endangered species, threatened species, or 7 species of special concern on publicly managed conservation 8 areas. 9 (c) Protect, restore, and maintain the quality and 10 natural functions of land, water, and wetland systems of the 11 state, as measured by: 12 1. The number of acres of publicly owned land 13 identified as needing restoration, acres undergoing 14 restoration, and acres with restoration activities completed; 15 2. The percentage of water segments that fully meet, 16 partially meet, or do not meet their designated uses as 17 reported in the Department of Environmental Protection's State 18 Water Quality Assessment 305(b) Report; 19 3. The percentage completion of targeted capital 20 improvements in surface water improvement and management plans 21 created under s. 373.453(2), regional or master stormwater 22 management system plans, or other adopted restoration plans; 23 4. The number of acres acquired that protect natural 24 floodplain functions; 25 5. The number of acres acquired that protect surface 26 waters of the state; 27 6. The number of acres identified for acquisition to 28 minimize damage from flooding and the percentage of those 29 acres acquired; 30 7. The number of acres acquired that protect fragile 31 coastal resources; 11 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 8. The number of acres of functional wetland systems 2 protected; 3 9. The percentage of miles of critically eroding 4 beaches contiguous with public lands that are restored or 5 protected from further erosion; 6 10. The percentage of public lakes and rivers in which 7 invasive, nonnative aquatic plants are under maintenance 8 control; or 9 11. The number of acres of public conservation lands 10 in which upland invasive, exotic plants are under maintenance 11 control. 12 (d) Ensure that sufficient quantities of water are 13 available to meet the current and future needs of natural 14 systems and the citizens of the state, as measured by: 15 1. The number of acres acquired which provide 16 retention and storage of surface water in naturally occurring 17 storage areas, such as lakes and wetlands, consistent with the 18 maintenance of water resources or water supplies and 19 consistent with district water supply plans; 20 2. The quantity of water made available through the 21 water resource development component of a district water 22 supply plan for which a water management district is 23 responsible; or 24 3. The number of acres acquired of groundwater 25 recharge areas critical to springs, sinks, aquifers, other 26 natural systems, or water supply. 27 (e) Increase natural resource-based public 28 recreational and educational opportunities, as measured by: 29 1. The number of acres acquired that are available for 30 natural resource-based public recreation or education; 31 2. The miles of trails that are available for public 12 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 recreation, giving priority to those that provide significant 2 connections including those that will assist in completing the 3 Florida National Scenic Trail; or 4 3. The number of new resource-based recreation 5 facilities, by type, made available on public land. 6 (f) Preserve significant archaeological or historic 7 sites, as measured by: 8 1. The increase in the number of and percentage of 9 historic and archaeological properties listed in the Florida 10 Master Site File or National Register of Historic Places which 11 are protected or preserved for public use; or 12 2. The increase in the number and percentage of 13 historic and archaeological properties that are in state 14 ownership. 15 (g) Increase the amount of forestland available for 16 sustainable management of natural resources, as measured by: 17 1. The number of acres acquired that are available for 18 sustainable forest management; 19 2. The number of acres of state-owned forestland 20 managed for economic return in accordance with current best 21 management practices; 22 3. The number of acres of forestland acquired that 23 will serve to maintain natural groundwater recharge functions; 24 or 25 4. The percentage and number of acres identified for 26 restoration actually restored by reforestation. 27 (h) Increase the amount of open space available in 28 urban areas, as measured by: 29 1. The percentage of local governments that 30 participate in land acquisition programs and acquire open 31 space in urban cores; or 13 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 2. The percentage and number of acres of purchases of 2 open space within urban service areas. 3 (i) Recognize the importance of the role military 4 installations play in protecting and preserving the state's 5 natural resources, as measured by the percentage and number of 6 acres acquired to protect and buffer military installations. 7 8 Florida Forever projects and acquisitions funded pursuant to 9 paragraph (3)(c) shall be measured by goals developed by rule 10 by the Florida Communities Trust Governing Board created in s. 11 380.504. 12 (10) The Acquisition and Restoration Council shall 13 give increased priority to those projects for which matching 14 funds are available and to project elements previously 15 identified on an acquisition list pursuant to this section 16 that can be acquired at 80 percent or less of appraised value. 17 Where the goals of the Florida Forever program overlap with 18 the protection needs of military installations, the council 19 shall give increased priority to projects that protect and 20 buffer military installations and areas identified as clear 21 zones, accident potential zones, air installation compatible 22 use zones, or other buffer zones delineated by the state's 23 military partners. 24 Section 2. Paragraphs (c) and (e) of subsection (3) of 25 section 373.1961, Florida Statutes, are amended to read: 26 373.1961 Water production; general powers and duties; 27 identification of needs; funding criteria; economic 28 incentives; reuse funding.-- 29 (3) FUNDING.-- 30 (c) The financial assistance for alternative water 31 supply projects allocated in each district's budget as 14 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 required in s. 373.196(6) shall be combined with the state 2 funds and used to assist in funding the project construction 3 costs of alternative water supply projects selected by the 4 governing board. If a district has determined that a regional 5 water supply plan is not necessary, or if the district has not 6 completed any regional water supply plan, or the regional 7 water supply plan does not identify the need for any 8 alternative water supply projects, funds deposited in that 9 district's trust fund may also be used for water resource 10 development projects, including, but not limited to, springs 11 protection. 12 (e) Applicants for projects that may receive funding 13 assistance pursuant to the Water Protection and Sustainability 14 Program shall, at a minimum, be required to pay 60 percent of 15 the project's construction costs. The water management 16 districts may, at their discretion, totally or partially waive 17 this requirement for projects sponsored by financially 18 disadvantaged small local governments as defined in s. 19 403.885(4). The water management districts or basin boards 20 may, at their discretion, use ad valorem or federal revenues 21 to assist a project applicant in meeting the requirements of 22 this paragraph. However, the state's share of financial 23 assistance for project construction shall not exceed twenty 24 percent of the total project construction costs. 25 Section 3. Subsection (2) of section 373.459, Florida 26 Statutes, is amended to read: 27 373.459 Funds for surface water improvement and 28 management.-- 29 (2) Except for the Suwannee River Water Management 30 District, the Northwest Florida Water Management District, or 31 financially disadvantaged small local governments as defined 15 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 under s. 403.885(5), an entity that receives state funding for 2 the implementation of programs specified in ss. 3 373.451-373.459, including a water management district, 4 federal, local, or regional agency, university, or nonprofit 5 or private organization, shall provide a 50-percent match of 6 cash or in-kind services towards the implementation of the 7 specific project for which it is contracting. 8 Section 4. Subsection (9) of section 373.59, Florida 9 Statutes, is amended to read: 10 373.59 Water Management Lands Trust Fund.-- 11 (9) Moneys in the fund not needed to meet current 12 obligations incurred under this section shall be transferred 13 to the Water Protection and Sustainability Program Trust Fund 14 in the Department of Environmental Protection and shall 15 supplement revenues transferred from the Department of Revenue 16 for deposit into the Water Protection and Sustainability 17 Program Trust Fund to be distributed by the Department of 18 Environmental Protection to the water management districts to 19 provide funding assistance for the development of alternative 20 water supplies as provided in s. 373.1961. State Board of 21 Administration, to the credit of the fund, to be invested in 22 the manner provided by law. Interest received on such 23 investments shall be credited to the fund. 24 Section 5. Subsection (1) of section 403.891, Florida 25 Statutes, is amended to read: 26 403.891 Water Protection and Sustainability Program 27 Trust Fund of the Department of Environmental Protection.-- 28 (1) The Water Protection and Sustainability Program 29 Trust Fund is created within the Department of Environmental 30 Protection. The purpose of the trust fund is to receive funds 31 pursuant to s. 201.15(1)(d)2., funds as provided under s. 16 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 373.59(9), funds from other sources provided for in law and 2 the General Appropriations Act, and funds received by the 3 department in order to implement the provisions of the Water 4 Sustainability and Protection Program created in s. 403.890. 5 However, funds transferred from the Water Management Lands 6 Trust Fund under s. 373.59(9) may only fund alternative water 7 supply projects under s. 373.1961. 8 Section 6. Subsection (1) of section 373.4144, Florida 9 Statutes, is amended to read: 10 373.4144 Federal environmental permitting.-- 11 (1) In order to effectuate efficient wetland 12 permitting and avoid duplication, the department and water 13 management districts shall implement a voluntary statewide 14 programmatic general permit for all dredge and fill activities 15 impacting 10 acres or less of wetlands or other surface 16 waters, including navigable waters, subject to agreement with 17 the United States Army Corps of Engineers in accordance with 18 the following conditions: 19 (a) By seeking to use the statewide programmatic 20 general permit authorized by this section, an applicant 21 consents to the department or district applying the 22 landward-most delineation of wetlands or other surface waters 23 applicable pursuant to this part or the regulations 24 implementing s. 404 of the Clean Water Act, Pub. L. No. 25 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of 26 the Rivers and Harbors Act of 1899. In the implementation of 27 the 1987 Corps of Engineers Wetlands Manual Technical Report 28 (87-1), the department or district shall equate high organic 29 matter in the surface horizon in accordance with the National 30 Resource Conservation Service indications for hydric soils 31 approved for use in this state. The department shall ensure 17 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 statewide coordination and consistency in the delineation of 2 surface waters and wetlands, pursuant to the statewide 3 programmatic general permit authorized by this part, by 4 providing training and guidance to the department and 5 districts in the implementation of such permit. 6 (b) By seeking to use the statewide programmatic 7 general permit authorized by this subsection an applicant 8 consents to applicable substantive federal wetland regulatory 9 criteria, which are not included pursuant to this part, but 10 which are authorized by the regulation implementing s. 404 of 11 the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. 12 ss. 1251 et seq., and s. 10 of the Rivers and Harbors Act of 13 1899 as required by the Corps of Engineers, notwithstanding 14 the provisions of s. 373.4145 and for the limited purposes of 15 implementing the statewide programmatic general permit 16 authorized by this section. The department is directed to 17 develop, on or before October 1, 2005, a mechanism or plan to 18 consolidate, to the maximum extent practicable, the federal 19 and state wetland permitting programs. It is the intent of the 20 Legislature that all dredge and fill activities impacting 10 21 acres or less of wetlands or waters, including navigable 22 waters, be processed by the state as part of the environmental 23 resource permitting program implemented by the department and 24 the water management districts. The resulting mechanism or 25 plan shall analyze and propose the development of an expanded 26 state programmatic general permit program in conjunction with 27 the United States Army Corps of Engineers pursuant to s. 404 28 of the Clean Water Act, Pub. L. No. 92-500, as amended, 33 29 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors 30 Act of 1899. Alternatively, or in combination with an expanded 31 state programmatic general permit, the mechanism or plan may 18 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 propose the creation of a series of regional general permits 2 issued by the United States Army Corps of Engineers pursuant 3 to the referenced statutes. All of the regional general 4 permits must be administered by the department or the water 5 management districts or their designees. 6 Section 7. Subsection (19) of section 373.4211, 7 Florida Statutes, is amended to read: 8 373.4211 Ratification of chapter 17-340, Florida 9 Administrative Code, on the delineation of the landward extent 10 of wetlands and surface waters.--Pursuant to s. 373.421, the 11 Legislature ratifies chapter 17-340, Florida Administrative 12 Code, approved on January 13, 1994, by the Environmental 13 Regulation Commission, with the following changes: 14 (19)(a) Rule 17-340.450(3) is amended by adding, after 15 the species list, the following language: 16 "Within Monroe County and the Key Largo portion of Dade 17 County only, the following species shall be listed as 18 facultative: Alternanthera paronychioides, Byrsonima lucida, 19 Ernodea littoralis, Guapira discolor, Marnilkara bahamensis, 20 Pisonis rotundata, Pithecellobium keyensis, Pithecellobium 21 unquis-cati, Randia aculeata, Reynosia septentrionalis, and 22 Thrinax radiata." 23 (b) The vegetative index used to identify and 24 delineate wetlands is modified such that slash pine (pinus 25 elliotti) and gallberry (Ilex global) are classified as 26 facultative and thus added to the list in rule 62-340.450(3), 27 Florida Administrative Code. 28 (c) Surface water and wetland delineations identified 29 and approved by a permit issued under rules adopted pursuant 30 to this part prior to the effective date of the statewide 31 programmatic general permit authorized by s. 373.4144(1) shall 19 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 remain valid until expiration of such permit, notwithstanding 2 the changes to rule 62-340.450(3), Florida Administrative 3 Code, as described in this subsection. For purposes of this 4 paragraph, the term "identified and approved" means: 5 1. The delineation was field-verified by the 6 permitting agency and such verification was surveyed as part 7 of the application review process for the permit; or 8 2. The delineation was field-verified by the 9 permitting agency and approved pursuant to the permit. 10 11 Where surface water and wetland delineations were not 12 identified and approved pursuant to the permit issued under 13 rules adopted pursuant to this part, delineations within the 14 geographical area to which such permit applies shall be 15 determined pursuant to the rules applicable at the time the 16 permit was issued, notwithstanding the changes to rule 17 62-340.450(3),Florida Administrative Code, as described in 18 this subsection. This paragraph shall also apply to any 19 modification of the permit issued under rules adopted pursuant 20 to this part, which does not constitute a substantial 21 modification, within the geographical area to which the permit 22 applies. 23 (d) Any declaratory statement issued by the department 24 under s. 403.914, 1984 Supplement to the Florida Statutes 25 1983, as amended, pursuant to rules adopted thereunder, or by 26 the department or a water management district under s. 27 373.421, in response to a petition filed on or before the 28 effective date of the statewide programmatic general permit 29 authorized by s. 373.4144(1), shall continue to be valid for 30 the duration of such declaratory statement. Any such petition 31 pending on or before the effective date of the statewide 20 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 programmatic general permit authorized by s. 373.4144(1), 2 shall be exempt from the changes to rule 62-340.450(3), 3 Florida Administrative Code, as described in this subsection, 4 and shall be subject to the provisions of chapter 62-340, 5 Florida Administrative Code, in effect prior to such change. 6 Activities proposed within the boundaries of a valid 7 declaratory statement issued pursuant to a petition submitted 8 to either the department or the relevant water management 9 district on or before the effective date of the statewide 10 programmatic general permit authorized by s. 373.4144(1), or a 11 revalidated jurisdictional determination prior to its 12 expiration, shall continue thereafter to be exempt from the 13 changes to rule 62-340.450(3), Florida Administrative Code, as 14 described in this subsection. 15 (e) A permit application under this part for dredging 16 and filling or other activity which is pending on or before 17 the effective date of the statewide programmatic general 18 permit authorized by s. 373.4144(1) shall be exempt from the 19 changes to rule 62-340.450(3), Florida Administrative Code, as 20 described in this subsection. 21 (f) Activities associated with mining operations as 22 defined by and subject to ss. 378.201-378.212 and 23 378.701-378.703 and included in a conceptual reclamation plan 24 or modification application submitted on or before the 25 effective date of the statewide programmatic general permit 26 authorized by s. 373.4144(1) shall be exempt from changes to 27 rule 62-340.450(3), Florida Administrative Code, as described 28 in this subsection. 29 Section 8. This act shall take effect upon becoming a 30 law. 31 21 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to environmental protection; 8 amending s. 259.105, F.S.; revising 9 requirements relating to the distribution of 10 funds under the Florida Forever program; 11 revising goals of the program; establishing the 12 Legislature's intent that the protection and 13 buffering of military installations is of great 14 importance; directing the Acquisition and 15 Restoration Council to give priority 16 consideration to the acquisition of lands that 17 protect and buffer military installations; 18 amending s. 373.1961, F.S.; clarifying 19 requirements for the use of alternative water 20 supply funds; amending s. 373.459, F.S.; 21 providing an exception to match requirements 22 for the Suwannee River and Northwest Florida 23 Water Management Districts; amending s. 373.59, 24 F.s.; requiring that certain funds transferred 25 to the State Board of Administration to the 26 credit of the Water Management Lands Trust Fund 27 be transferred to the Water Protection and 28 Sustainability Program Trust Fund in the 29 Department of Environmental protection ; 30 specifying the purposes of which transferred 31 funds may be used; amending s. 403.891, F.S.; 22 9:34 AM 04/18/06 s2544.ep15.03a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2544 Barcode 143272 1 providing for the deposit of certain funds into 2 the Water Protection and Sustainability Program 3 Trust Fund; limiting the purposes for which 4 those funds may be used; amending s. 373.4144, 5 F.S.; removing provisions requiring the 6 Department of Environmental Protection to 7 develop a mechanism consolidating federal and 8 state wetland permitting programs; authorizing 9 implementation of a statewide programmatic 10 general permit by the department and water 11 management districts for certain dredge and 12 fill activities; specifying conditions 13 applicable to such permit; authorizing the 14 department to adopt rules and apply program 15 criteria; amending s. 373.4211, F.S.; revising 16 provisions concerning the vegetative index used 17 to delineate the landward extent of wetlands 18 and surface waters; providing a definition; 19 providing for permit modification under certain 20 circumstances; providing for certain 21 declaratory statements from the department; 22 providing exemptions for certain permit 23 petitions and applications relating to 24 specified activities; providing an effective 25 date. 26 27 28 29 30 31 23 9:34 AM 04/18/06 s2544.ep15.03a