Senate Bill sb2544c1

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    Florida Senate - 2006                           CS for SB 2544

    By the Committee on Environmental Preservation; and Senator
    Dockery




    592-2294-06

  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         amending s. 259.105, F.S.; revising

  4         requirements relating to the distribution of

  5         funds under the Florida Forever program;

  6         revising goals of the program; establishing the

  7         Legislature's intent that the protection and

  8         buffering of military installations is of great

  9         importance; directing the Acquisition and

10         Restoration Council to give priority

11         consideration to the acquisition of lands that

12         protect and buffer military installations;

13         amending s. 373.1961, F.S.; clarifying

14         requirements for the use of alternative water

15         supply funds; amending s. 373.459, F.S.;

16         providing an exception to match requirements

17         for the Suwannee River Water Management

18         District and Northwest Florida Water Management

19         District; amending s. 373.59, F.S.; requiring

20         that certain funds transferred to the State

21         Board of Administration to the credit of the

22         Water Management Lands Trust Fund be

23         transferred to the Water Protection and

24         Sustainability Program Trust Fund in the

25         Department of Environmental Protection;

26         specifying the purposes of which transferred

27         funds may be used; amending s. 403.891, F.S.;

28         providing for the deposit of certain funds into

29         the Water Protection and Sustainability Program

30         Trust Fund; limiting the purposes for which

31         those funds may be used; amending s. 373.4144,

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 1         F.S.; removing provisions requiring the

 2         Department of Environmental Protection to

 3         develop a mechanism consolidating federal and

 4         state wetland permitting programs; authorizing

 5         implementation of a statewide programmatic

 6         general permit by the department and water

 7         management districts for certain dredge and

 8         fill activities; specifying conditions

 9         applicable to such permit; authorizing the

10         department to adopt rules and apply program

11         criteria; amending s. 373.4211, F.S.; revising

12         provisions concerning the vegetative index used

13         to delineate the landward extent of wetlands

14         and surface waters; providing a definition;

15         providing for permit modification under certain

16         circumstances; providing for certain

17         declaratory statements from the department;

18         providing exemptions for certain permit

19         petitions and applications relating to

20         specified activities; providing an effective

21         date.

22  

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

24  

25         Section 1.  Subsections (2), (3), (4) and (10) of

26  section 259.105, Florida Statutes, are amended to read:

27         259.105  The Florida Forever Act.--

28         (2)(a)  The Legislature finds and declares that:

29         1.  The Preservation 2000 program provided tremendous

30  financial resources for purchasing environmentally significant

31  lands to protect those lands from imminent development,

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 1  thereby assuring present and future generations access to

 2  important open spaces and recreation and conservation lands.

 3         2.  The continued alteration and development of

 4  Florida's natural areas to accommodate the state's rapidly

 5  growing population have contributed to the degradation of

 6  water resources, the fragmentation and destruction of wildlife

 7  habitats, the loss of outdoor recreation space, and the

 8  diminishment of wetlands, forests, and public beaches.

 9         3.  The potential development of Florida's remaining

10  natural areas and escalation of land values require a

11  continuation of government efforts to restore, bring under

12  public protection, or acquire lands and water areas to

13  preserve the state's invaluable quality of life.

14         4.  Florida's groundwater, surface waters, and springs

15  are under tremendous pressure due to population growth and

16  economic expansion and require special protection and

17  restoration efforts.  To ensure that sufficient quantities of

18  water are available to meet the current and future needs of

19  the natural systems and citizens of the state, and assist in

20  achieving the planning goals of the department and the water

21  management districts, water resource development projects on

22  public lands, where compatible with the resource values of and

23  management objectives for the lands, are appropriate.

24         5.  The needs of urban Florida for high-quality outdoor

25  recreational opportunities, greenways, trails, and open space

26  have not been fully met by previous acquisition programs.

27  Through such programs as the Florida Communities Trust and the

28  Florida Recreation Development Assistance Program, the state

29  shall place additional emphasis on acquiring, protecting,

30  preserving, and restoring open space, greenways, and

31  recreation properties within urban areas where pristine

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 1  natural communities or water bodies no longer exist because of

 2  the proximity of developed property.

 3         6.  Many of Florida's unique ecosystems, such as the

 4  Florida Everglades, are facing ecological collapse due to

 5  Florida's burgeoning population. To preserve these valuable

 6  ecosystems for future generations, parcels of land must be

 7  acquired to facilitate ecosystem restoration.

 8         7.  Access to public lands to support a broad range of

 9  outdoor recreational opportunities and the development of

10  necessary infrastructure, where compatible with the resource

11  values of and management objectives for such lands, promotes

12  an appreciation for Florida's natural assets and improves the

13  quality of life.

14         8.  Acquisition of lands, in fee simple or in any

15  lesser interest, should be based on a comprehensive assessment

16  of Florida's natural resources and planned so as to protect

17  the integrity of ecological systems and provide multiple

18  benefits, including preservation of fish and wildlife habitat,

19  recreation space for urban as well as rural areas, and water

20  recharge.

21         9.  The state has embraced performance-based program

22  budgeting as a tool to evaluate the achievements of publicly

23  funded agencies, build in accountability, and reward those

24  agencies which are able to consistently achieve quantifiable

25  goals.  While previous and existing state environmental

26  programs have achieved varying degrees of success, few of

27  these programs can be evaluated as to the extent of their

28  achievements, primarily because performance measures,

29  standards, outcomes, and goals were not established at the

30  outset.  Therefore, the Florida Forever program shall be

31  

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 1  developed and implemented in the context of measurable state

 2  goals and objectives.

 3         10.  It is the intent of the Legislature to change the

 4  focus and direction of the state's major land acquisition

 5  programs and to extend funding and bonding capabilities, so

 6  that future generations may enjoy the natural resources of

 7  Florida.

 8         (b)  The Legislature recognizes that acquisition is

 9  only one way to achieve the aforementioned goals and

10  encourages the development of creative partnerships between

11  governmental agencies and private landowners.  Land protection

12  agreements and similar tools should be used, where

13  appropriate, to bring environmentally sensitive tracts under

14  an acceptable level of protection at a lower financial cost to

15  the public, and to provide private landowners with the

16  opportunity to enjoy and benefit from their property.

17         (c)  Public agencies or other entities that receive

18  funds under this section are encouraged to better coordinate

19  their expenditures so that project acquisitions, when combined

20  with acquisitions under Preservation 2000, Save Our Rivers,

21  the Florida Communities Trust, and other public land

22  acquisition programs, will form more complete patterns of

23  protection for natural areas and functioning ecosystems, to

24  better accomplish the intent of this section.

25         (d)  A long-term financial commitment to managing

26  Florida's public lands must accompany any new land acquisition

27  program to ensure that the natural resource values of such

28  lands are protected, that the public has the opportunity to

29  enjoy the lands to their fullest potential, and that the state

30  achieves the full benefits of its investment of public

31  dollars.

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 1         (e)  With limited dollars available for restoration and

 2  acquisition of land and water areas and for providing

 3  long-term management and capital improvements, a competitive

 4  selection process can select those projects best able to meet

 5  the goals of Florida Forever and maximize the efficient use of

 6  the program's funding.

 7         (f)  To ensure success and provide accountability to

 8  the citizens of this state, it is the intent of the

 9  Legislature that any bond proceeds used pursuant to this

10  section be used to implement the goals and objectives

11  recommended by the Florida Forever Advisory Council as

12  approved by the Board of Trustees of the Internal Improvement

13  Trust Fund and the Legislature.

14         (g)  As it has with previous land acquisition programs,

15  the Legislature recognizes the desires of the citizens of this

16  state to prosper through economic development and to preserve

17  the natural areas and recreational open space of Florida.  The

18  Legislature further recognizes the urgency of restoring the

19  natural functions of public lands or water bodies before they

20  are degraded to a point where recovery may never occur, yet

21  acknowledges the difficulty of ensuring adequate funding for

22  restoration efforts in light of other equally critical

23  financial needs of the state.  It is the Legislature's desire

24  and intent to fund the implementation of this section and to

25  do so in a fiscally responsible manner, by issuing bonds to be

26  repaid with documentary stamp tax revenue.

27         (h)  The Legislature further recognizes the importance

28  of state and federal military installations in protecting and

29  preserving the state and its natural resources, and in

30  contributing to the economic prosperity of the state. It is

31  therefore the Legislature's intent that where the goals of the

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 1  Florida Forever program overlap with the protection needs of

 2  military installations, agencies receiving funds under the

 3  Florida Forever program shall cooperate with the state's

 4  military partners to protect and buffer military

 5  installations, including areas identified as clear zones,

 6  accident potential zones, air installation compatible use

 7  zones, and other buffer zones as delineated by the state's

 8  military partners.

 9         (3)  Less the costs of issuing and the costs of funding

10  reserve accounts and other costs associated with bonds, the

11  proceeds of bonds issued pursuant to this section shall be

12  deposited into the Florida Forever Trust Fund created by s.

13  259.1051. The proceeds shall be distributed by the Department

14  of Environmental Protection in the following manner:

15         (a)  Thirty-five percent to the Department of

16  Environmental Protection for the acquisition of lands and

17  capital project expenditures necessary to implement the water

18  management districts' priority lists developed pursuant to s.

19  373.199.  The funds are to be distributed to the water

20  management districts as provided in subsection (11).  A

21  minimum of 50 percent of the total funds provided over the

22  life of the Florida Forever program pursuant to this paragraph

23  shall be used for the acquisition of lands.

24         (b)  Thirty-five percent to the Department of

25  Environmental Protection for the acquisition of lands and

26  capital project expenditures described in this section. Of the

27  proceeds distributed pursuant to this paragraph, it is the

28  intent of the Legislature that an increased priority be given

29  to those acquisitions which achieve a combination of

30  conservation goals, including protecting Florida's water

31  resources and natural groundwater recharge, and those

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 1  acquisitions that protect and buffer military installations

 2  where such needs are delineated by the state's military

 3  partners. Capital project expenditures may not exceed 10

 4  percent of the funds allocated pursuant to this paragraph.

 5         (c)  Twenty-two percent to the Department of Community

 6  Affairs for use by the Florida Communities Trust for the

 7  purposes of part III of chapter 380, as described and limited

 8  by this subsection, and grants to local governments or

 9  nonprofit environmental organizations that are tax exempt

10  under s. 501(c)(3) of the United States Internal Revenue Code

11  for the acquisition of community-based projects, urban open

12  spaces, parks, and greenways to implement local government

13  comprehensive plans. From funds available to the trust and

14  used for land acquisition, 75 percent shall be matched by

15  local governments on a dollar-for-dollar basis. The

16  Legislature intends that the Florida Communities Trust

17  emphasize funding projects in low-income or otherwise

18  disadvantaged communities. At least 30 percent of the total

19  allocation provided to the trust shall be used in Standard

20  Metropolitan Statistical Areas, but one-half of that amount

21  shall be used in localities in which the project site is

22  located in built-up commercial, industrial, or mixed-use areas

23  and functions to intersperse open spaces within congested

24  urban core areas. From funds allocated to the trust, no less

25  than 5 percent shall be used to acquire lands for recreational

26  trail systems, provided that in the event these funds are not

27  needed for such projects, they will be available for other

28  trust projects.  Local governments may use federal grants or

29  loans, private donations, or environmental mitigation funds,

30  including environmental mitigation funds required pursuant to

31  s. 338.250, for any part or all of any local match required

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 1  for acquisitions funded through the Florida Communities Trust.

 2  Any lands purchased by nonprofit organizations using funds

 3  allocated under this paragraph must provide for such lands to

 4  remain permanently in public use through a reversion of title

 5  to local or state government, conservation easement, or other

 6  appropriate mechanism.  Projects funded with funds allocated

 7  to the Trust shall be selected in a competitive process

 8  measured against criteria adopted in rule by the Trust.

 9         (d)  Two percent to the Department of Environmental

10  Protection for grants to qualified local entities for the

11  acquisition or development of land for public outdoor

12  recreation purposes under pursuant to s. 375.075.

13         (e)  One and five-tenths percent to the Department of

14  Environmental Protection for the purchase of inholdings and

15  additions to state parks and for capital project expenditures

16  as described in this section. Capital project expenditures may

17  not exceed 10 percent of the funds allocated under this

18  paragraph. For the purposes of this paragraph, "state park"

19  means any real property in the state which is under the

20  jurisdiction of the Division of Recreation and Parks of the

21  department, or which may come under its jurisdiction.

22         (f)  One and five-tenths percent to the Division of

23  Forestry of the Department of Agriculture and Consumer

24  Services to fund the acquisition of state forest inholdings

25  and additions pursuant to s. 589.07, the implementation of

26  reforestation plans or sustainable forestry management

27  practices, and for capital project expenditures as described

28  in this section. Capital project expenditures may not exceed

29  10 percent of the funds allocated under this paragraph.

30         (g)  One and five-tenths percent to the Fish and

31  Wildlife Conservation Commission to fund the acquisition of

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 1  inholdings and additions to lands managed by the commission

 2  which are important to the conservation of fish and wildlife

 3  and for capital project expenditures as described in this

 4  section. Capital project expenditures may not exceed 10

 5  percent of the funds allocated under this paragraph.

 6         (h)  One and five-tenths percent to the Department of

 7  Environmental Protection for the Florida Greenways and Trails

 8  Program, to acquire greenways and trails or greenways and

 9  trail systems pursuant to chapter 260, including, but not

10  limited to, abandoned railroad rights-of-way and the Florida

11  National Scenic Trail and for capital project expenditures as

12  described in this section. Capital project expenditures may

13  not exceed 10 percent of the funds allocated under this

14  paragraph.

15         (i)  It is the intent of the Legislature that proceeds

16  of Florida Forever bonds distributed under this section shall

17  be expended in an efficient and fiscally responsible manner.

18  An agency that receives proceeds from Florida Forever bonds

19  under this section may not maintain a balance of unencumbered

20  funds in its Florida Forever subaccount beyond 3 fiscal years

21  from the date of deposit of funds from each bond issue. Any

22  funds that have not been expended or encumbered after 3 fiscal

23  years from the date of deposit shall be distributed by the

24  Legislature at its next regular session for use in the Florida

25  Forever program.

26         (j)  For the purposes of paragraphs (d), (e), (f), and

27  (g), the agencies which receive the funds shall develop their

28  individual acquisition or restoration lists. Proposed

29  additions may be acquired if they are identified within the

30  original project boundary, the management plan required

31  pursuant to s. 253.034(5), or the management prospectus

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 1  required pursuant to s. 259.032(9)(d). Proposed additions not

 2  meeting the requirements of this paragraph shall be submitted

 3  to the Acquisition and Restoration Council for approval.  The

 4  council may only approve the proposed addition if it meets two

 5  or more of the following criteria: serves as a link or

 6  corridor to other publicly owned property; enhances the

 7  protection or management of the property; would add a

 8  desirable resource to the property; would create a more

 9  manageable boundary configuration; has a high resource value

10  that otherwise would be unprotected; or can be acquired at

11  less than fair market value.

12         (4)  It is the intent of the Legislature that projects

13  or acquisitions funded pursuant to paragraphs (3)(a) and (b)

14  contribute to the achievement of the following goals:

15         (a)  Enhance the coordination and completion of land

16  acquisition projects, as measured by:

17         1.  The number of acres acquired through the state's

18  land acquisition programs that contribute to the completion of

19  Florida Preservation 2000 projects or projects begun before

20  Preservation 2000;

21         2.  The number of acres protected through the use of

22  alternatives to fee simple acquisition; or

23         3.  The number of shared acquisition projects among

24  Florida Forever funding partners and partners with other

25  funding sources, including local governments and the Federal

26  Government.

27         (b)  Increase the protection of Florida's biodiversity

28  at the species, natural community, and landscape levels, as

29  measured by:

30         1.  The number of acres acquired of significant

31  strategic habitat conservation areas;

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 1         2.  The number of acres acquired of highest priority

 2  conservation areas for Florida's rarest species;

 3         3.  The number of acres acquired of significant

 4  landscapes, landscape linkages, and conservation corridors,

 5  giving priority to completing linkages;

 6         4.  The number of acres acquired of underrepresented

 7  native ecosystems;

 8         5.  The number of landscape-sized protection areas of

 9  at least 50,000 acres that exhibit a mosaic of predominantly

10  intact or restorable natural communities established through

11  new acquisition projects or augmentations to previous

12  projects; or

13         6.  The percentage increase in the number of

14  occurrences of endangered species, threatened species, or

15  species of special concern on publicly managed conservation

16  areas.

17         (c)  Protect, restore, and maintain the quality and

18  natural functions of land, water, and wetland systems of the

19  state, as measured by:

20         1.  The number of acres of publicly owned land

21  identified as needing restoration, acres undergoing

22  restoration, and acres with restoration activities completed;

23         2.  The percentage of water segments that fully meet,

24  partially meet, or do not meet their designated uses as

25  reported in the Department of Environmental Protection's State

26  Water Quality Assessment 305(b) Report;

27         3.  The percentage completion of targeted capital

28  improvements in surface water improvement and management plans

29  created under s. 373.453(2), regional or master stormwater

30  management system plans, or other adopted restoration plans;

31  

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 1         4.  The number of acres acquired that protect natural

 2  floodplain functions;

 3         5.  The number of acres acquired that protect surface

 4  waters of the state;

 5         6.  The number of acres identified for acquisition to

 6  minimize damage from flooding and the percentage of those

 7  acres acquired;

 8         7.  The number of acres acquired that protect fragile

 9  coastal resources;

10         8.  The number of acres of functional wetland systems

11  protected;

12         9.  The percentage of miles of critically eroding

13  beaches contiguous with public lands that are restored or

14  protected from further erosion;

15         10.  The percentage of public lakes and rivers in which

16  invasive, nonnative aquatic plants are under maintenance

17  control; or

18         11.  The number of acres of public conservation lands

19  in which upland invasive, exotic plants are under maintenance

20  control.

21         (d)  Ensure that sufficient quantities of water are

22  available to meet the current and future needs of natural

23  systems and the citizens of the state, as measured by:

24         1.  The number of acres acquired which provide

25  retention and storage of surface water in naturally occurring

26  storage areas, such as lakes and wetlands, consistent with the

27  maintenance of water resources or water supplies and

28  consistent with district water supply plans;

29         2.  The quantity of water made available through the

30  water resource development component of a district water

31  

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 1  supply plan for which a water management district is

 2  responsible; or

 3         3.  The number of acres acquired of groundwater

 4  recharge areas critical to springs, sinks, aquifers, other

 5  natural systems, or water supply.

 6         (e)  Increase natural resource-based public

 7  recreational and educational opportunities, as measured by:

 8         1.  The number of acres acquired that are available for

 9  natural resource-based public recreation or education;

10         2.  The miles of trails that are available for public

11  recreation, giving priority to those that provide significant

12  connections including those that will assist in completing the

13  Florida National Scenic Trail; or

14         3.  The number of new resource-based recreation

15  facilities, by type, made available on public land.

16         (f)  Preserve significant archaeological or historic

17  sites, as measured by:

18         1.  The increase in the number of and percentage of

19  historic and archaeological properties listed in the Florida

20  Master Site File or National Register of Historic Places which

21  are protected or preserved for public use; or

22         2.  The increase in the number and percentage of

23  historic and archaeological properties that are in state

24  ownership.

25         (g)  Increase the amount of forestland available for

26  sustainable management of natural resources, as measured by:

27         1.  The number of acres acquired that are available for

28  sustainable forest management;

29         2.  The number of acres of state-owned forestland

30  managed for economic return in accordance with current best

31  management practices;

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 1         3.  The number of acres of forestland acquired that

 2  will serve to maintain natural groundwater recharge functions;

 3  or

 4         4.  The percentage and number of acres identified for

 5  restoration actually restored by reforestation.

 6         (h)  Increase the amount of open space available in

 7  urban areas, as measured by:

 8         1.  The percentage of local governments that

 9  participate in land acquisition programs and acquire open

10  space in urban cores; or

11         2.  The percentage and number of acres of purchases of

12  open space within urban service areas.

13         (i)  Recognize the importance of the role military

14  installations play in protecting and preserving the state's

15  natural resources, as measured by the percentage and number of

16  acres acquired to protect and buffer military installations.

17  

18  Florida Forever projects and acquisitions funded pursuant to

19  paragraph (3)(c) shall be measured by goals developed by rule

20  by the Florida Communities Trust Governing Board created in s.

21  380.504.

22         (10)  The Acquisition and Restoration Council shall

23  give increased priority to those projects for which matching

24  funds are available and to project elements previously

25  identified on an acquisition list pursuant to this section

26  that can be acquired at 80 percent or less of appraised value.

27  Where the goals of the Florida Forever program overlap with

28  the protection needs of military installations, the council

29  shall give increased priority to projects that protect and

30  buffer military installations and areas identified as clear

31  zones, accident potential zones, air installation compatible

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 1  use zones, or other buffer zones delineated by the state's

 2  military partners.

 3         Section 2.  Paragraphs (c) and (e) of subsection (3) of

 4  section 373.1961, Florida Statutes, are amended to read:

 5         373.1961  Water production; general powers and duties;

 6  identification of needs; funding criteria; economic

 7  incentives; reuse funding.--

 8         (3)  FUNDING.--

 9         (c)  The financial assistance for alternative water

10  supply projects allocated in each district's budget as

11  required in s. 373.196(6) shall be combined with the state

12  funds and used to assist in funding the project construction

13  costs of alternative water supply projects selected by the

14  governing board. If a district has determined that a regional

15  water supply plan is not necessary, if the district has not

16  completed any regional water supply plan, or if the regional

17  water supply plan does not identify the need for any

18  alternative water supply projects, funds deposited in that

19  district's trust fund may also be used for water resource

20  development projects, including, but not limited to, springs

21  protection.

22         (e)  Applicants for projects that may receive funding

23  assistance pursuant to the Water Protection and Sustainability

24  Program shall, at a minimum, be required to pay 60 percent of

25  the project's construction costs. The water management

26  districts may, at their discretion, totally or partially waive

27  this requirement for projects sponsored by financially

28  disadvantaged small local governments as defined in s.

29  403.885(4). The water management districts or basin boards

30  may, at their discretion, use ad valorem or federal revenues

31  to assist a project applicant in meeting the requirements of

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 1  this paragraph. However, the state's share of financial

 2  assistance for project construction may not exceed 20 percent

 3  of the total project construction costs.

 4         Section 3.  Subsection (2) of section 373.459, Florida

 5  Statutes, is amended to read:

 6         373.459  Funds for surface water improvement and

 7  management.--

 8         (2)  An entity that receives state funding for the

 9  implementation of programs specified in ss. 373.451-373.459,

10  including a water management district except for the Suwannee

11  River Water Management District, the Northwest Florida Water

12  Management District, or financially disadvantaged small local

13  governments as defined under s. 403.885(5), federal, local, or

14  regional agency, university, or nonprofit or private

15  organization, shall provide a 50-percent match of cash or

16  in-kind services towards the implementation of the specific

17  project for which it is contracting.

18         Section 4.  Subsection (9) of section 373.59, Florida

19  Statutes, is amended to read:

20         373.59  Water Management Lands Trust Fund.--

21         (9)  Moneys in the fund not needed to meet current

22  obligations incurred under this section shall be transferred

23  to the Water Protection and Sustainability Program Trust Fund

24  in the Department of Environmental Protection and shall

25  supplement revenues transferred from the Department of Revenue

26  for deposit into the Water Protection and Sustainability

27  Program Trust Fund to be distributed by the Department of

28  Environmental Protection to the water management districts to

29  provide funding assistance for the development of alternative

30  water supplies as provided in s. 373.1961. State Board of

31  Administration, to the credit of the fund, to be invested in

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 1  the manner provided by law. Interest received on such

 2  investments shall be credited to the fund.

 3         Section 5.  Subsection (1) of section 403.891, Florida

 4  Statutes, is amended to read:

 5         403.891  Water Protection and Sustainability Program

 6  Trust Fund of the Department of Environmental Protection.--

 7         (1)  The Water Protection and Sustainability Program

 8  Trust Fund is created within the Department of Environmental

 9  Protection. The purpose of the trust fund is to receive funds

10  pursuant to s. 201.15(1)(d)2., funds as provided under s.

11  373.59(9), funds from other sources provided for in law and

12  the General Appropriations Act, and funds received by the

13  department in order to implement the provisions of the Water

14  Sustainability and Protection Program created in s. 403.890.

15  However, funds transferred from the Water Management Lands

16  Trust under s. 373.59(9) may fund only alternative water

17  supply projects under s. 373.1961.

18         Section 6.  Subsection (1) of section 373.4144, Florida

19  Statutes, is amended to read:

20         373.4144  Federal environmental permitting.--

21         (1)  In order to effectuate efficient wetland

22  permitting and avoid duplication, the department and water

23  management districts are authorized to implement a voluntary

24  statewide programmatic general permit for all dredge and fill

25  activities impacting 10 acres or less of wetlands or other

26  surface waters, including navigable waters, subject to

27  agreement with the United States Army Corps of Engineers in

28  accordance with the following conditions:

29         (a)  By seeking to use the statewide programmatic

30  general permit authorized by this section, an applicant

31  consents to the department or district applying the

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    Florida Senate - 2006                           CS for SB 2544
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 1  landward-most delineation of wetlands or other surface waters

 2  applicable pursuant to this part or the regulations

 3  implementing s. 404 of the Clean Water Act, Pub. L. No.

 4  92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of

 5  the Rivers and Harbors Act of 1899. In the implementation of

 6  the 1987 Corps of Engineers Wetlands Manual Technical Report

 7  (87-1), the department or district shall equate high organic

 8  matter in the surface horizon in accordance with the National

 9  Resource Conservation Service indications for hydric soils

10  approved for use in this state. The department shall ensure

11  statewide coordination and consistency in the delineation of

12  surface waters and wetlands, pursuant to the statewide

13  programmatic general permit authorized by this part, by

14  providing training and guidance to the department and

15  districts in the implementation of such permit.

16         (b)  By seeking to use the statewide programmatic

17  general permit authorized by this subsection an applicant

18  consents to applicable substantive federal wetland regulatory

19  criteria, which are not included pursuant to this part, but

20  which are authorized by the regulation implementing s. 404 of

21  the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C.

22  ss. 1251 et seq., and s. 10 of the Rivers and Harbors Act of

23  1899 as required by the Corps of Engineers, notwithstanding

24  the provisions of s. 373.4145 and for the limited purposes of

25  implementing the statewide programmatic general permit

26  authorized by this section. The department is directed to

27  develop, on or before October 1, 2005, a mechanism or plan to

28  consolidate, to the maximum extent practicable, the federal

29  and state wetland permitting programs. It is the intent of the

30  Legislature that all dredge and fill activities impacting 10

31  acres or less of wetlands or waters, including navigable

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    Florida Senate - 2006                           CS for SB 2544
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 1  waters, be processed by the state as part of the environmental

 2  resource permitting program implemented by the department and

 3  the water management districts. The resulting mechanism or

 4  plan shall analyze and propose the development of an expanded

 5  state programmatic general permit program in conjunction with

 6  the United States Army Corps of Engineers pursuant to s. 404

 7  of the Clean Water Act, Pub. L. No. 92-500, as amended, 33

 8  U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors

 9  Act of 1899. Alternatively, or in combination with an expanded

10  state programmatic general permit, the mechanism or plan may

11  propose the creation of a series of regional general permits

12  issued by the United States Army Corps of Engineers pursuant

13  to the referenced statutes. All of the regional general

14  permits must be administered by the department or the water

15  management districts or their designees.

16         Section 7.  Subsection (19) of section 373.4211,

17  Florida Statutes, is amended to read:

18         373.4211  Ratification of chapter 17-340, Florida

19  Administrative Code, on the delineation of the landward extent

20  of wetlands and surface waters.--Pursuant to s. 373.421, the

21  Legislature ratifies chapter 17-340, Florida Administrative

22  Code, approved on January 13, 1994, by the Environmental

23  Regulation Commission, with the following changes:

24         (19)(a)  Rule 17-340.450(3) is amended by adding, after

25  the species list, the following language:

26         "Within Monroe County and the Key Largo portion of Dade

27  County only, the following species shall be listed as

28  facultative: Alternanthera paronychioides, Byrsonima lucida,

29  Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,

30  Pisonis rotundata, Pithecellobium keyensis, Pithecellobium

31  

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    Florida Senate - 2006                           CS for SB 2544
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 1  unquis-cati, Randia aculeata, Reynosia septentrionalis, and

 2  Thrinax radiata."

 3         (b)  The vegetative index used to identify and

 4  delineate wetlands is modified such that slash pine (pinus

 5  elliotti) and gallberry (Ilex glabral) are classified as

 6  facultative and thus added to the list in rule 62-340.450(3),

 7  Florida Administrative Code.

 8         (c)  Surface water and wetland delineations identified

 9  and approved by a permit issued under rules adopted pursuant

10  to this part prior to the effective date of the statewide

11  programmatic general permit authorized by s. 373.4144(1) shall

12  remain valid until expiration of such permit, notwithstanding

13  the changes to rule 62-340.450(3), Florida Administrative

14  Code, as described in this subsection. For purposes of this

15  paragraph, the term "identified and approved" means:

16         1.  The delineation was field-verified by the

17  permitting agency and such verification was surveyed as part

18  of the application review process for the permit; or

19         2.  The delineation was field-verified by the

20  permitting agency and approved pursuant to the permit.

21  

22  Where surface water and wetland delineations were not

23  identified and approved pursuant to the permit issued under

24  rules adopted pursuant to this part, delineations within the

25  geographical area to which such permit applies shall be

26  determined pursuant to the rules applicable at the time the

27  permit was issued, notwithstanding the changes to rule

28  62-340.450(3), Florida Administrative Code, as described in

29  this subsection. This paragraph shall also apply to any

30  modification of the permit issued under rules adopted pursuant

31  to this part, which does not constitute a substantial

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    Florida Senate - 2006                           CS for SB 2544
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 1  modification, within the geographical area to which the permit

 2  applies.

 3         (d)  Any declaratory statement issued by the department

 4  under s. 403.914, 1984 Supplement to the Florida Statutes

 5  1983, as amended, pursuant to rules adopted thereunder, or by

 6  the department or a water management district under s.

 7  373.421, in response to a petition filed on or before the

 8  effective date of the statewide programmatic general permit

 9  authorized by s. 373.4144(1), shall continue to be valid for

10  the duration of such declaratory statement. Any such petition

11  pending on or before the effective date of the statewide

12  programmatic general permit authorized by s. 373.4144(1),

13  shall be exempt from the changes to rule 62-340.450(3),

14  Florida Administrative Code, as described in this subsection,

15  and shall be subject to the provisions of chapter 62-340,

16  Florida Administrative Code, in effect prior to such change.

17  Activities proposed within the boundaries of a valid

18  declaratory statement issued pursuant to a petition submitted

19  to either the department or the relevant water management

20  district on or before the effective date of the statewide

21  programmatic general permit authorized by s. 373.4144(1), or a

22  revalidated jurisdictional determination prior to its

23  expiration, shall continue thereafter to be exempt from the

24  changes to rule 62-340.450(3), Florida Administrative Code, as

25  described in this subsection.

26         (e)  A permit application under this part for dredging

27  and filling or other activity which is pending on or before

28  the effective date of the statewide programmatic general

29  permit authorized by s. 373.4144(1) shall be exempt from the

30  changes to rule 62-340.450(3), Florida Administrative Code, as

31  described in this subsection.

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    Florida Senate - 2006                           CS for SB 2544
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 1         (f)  Activities associated with mining operations as

 2  defined by and subject to ss. 378.201-378.212 and

 3  378.701-378.703 and included in a conceptual reclamation plan

 4  or modification application submitted on or before the

 5  effective date of the statewide programmatic general permit

 6  authorized by s. 373.4144(1) shall be exempt from changes to

 7  rule 62-340.450(3), Florida Administrative Code, as described

 8  in this subsection.

 9         Section 8.  This act shall take effect upon becoming a

10  law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2544

14                                 

15  The committee substitute deletes provisions authorizing the
    acceleration of the Florida Forever program and revises the
16  program to require that priority consideration be given to the
    acquisition of lands that protect and buffer military
17  installations.  Clarifying revisions are made to the state's
    alternative water supply program, and matching fund
18  requirements for the surface water improvement and management
    program are revised to provide an exemption for the Suwannee
19  River and Northwest Florida Water Management Districts,and
    financially disadvantaged small local governments.
20  
    The Department of Environmental Protection and the water
21  management districts are required to implement a statewide
    voluntary general programmatic permit for dredge and fill
22  activities impacting 10 acres or less of wetlands or waters,
    including navigable waters, with the consent of the U.S.  Army
23  Corps of Engineers.  A rule modification to change slash pine
    and gallberry from upland indicators to facultative indicators
24  for wetlands delineation is ratified.  Exemptions from the
    rule modification are provided.
25  

26  

27  

28  

29  

30  

31  

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