Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2544
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CHAMBER ACTION
Senate House
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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
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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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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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;
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.;
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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
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