| 1 | The Environmental Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Florida Springs Protection Act; |
| 7 | creating pt. IV of ch. 369, F.S.; relating to springs |
| 8 | protection; creating s. 369.401, F.S.; providing a short |
| 9 | title; creating s. 369.403, F.S.; providing legislative |
| 10 | intent; creating s. 369.405, F.S.; creating the Florida |
| 11 | Springs Commission; providing for membership and the |
| 12 | appointment of certain members by the Governor and the |
| 13 | Legislature; authorizing reimbursement for per diem and |
| 14 | travel expenses; authorizing appointment of technical |
| 15 | subcommittees; directing state agencies and requesting |
| 16 | local governments to provide assistance to the commission; |
| 17 | requiring the Department of Environmental Protection and |
| 18 | water management districts to identify and assess certain |
| 19 | springs; providing requirements for such assessments; |
| 20 | requiring the commission to perform certain assessments |
| 21 | and recommend strategies for protecting and ensuring the |
| 22 | long-term viability of the state's springs; providing |
| 23 | requirements and procedures therefor; requiring a model |
| 24 | springs protection plan; providing a dissolution date for |
| 25 | the commission; providing an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Part IV of chapter 369, Florida Statutes, |
| 30 | consisting of sections 369.401, 369.403, and 369.405, is created |
| 31 | to read: |
| 32 | PART IV |
| 33 | SPRINGS PROTECTION |
| 34 | 369.401 Short title.--This part may be cited as the |
| 35 | "Florida Springs Protection Act." |
| 36 | 369.403 Legislative findings and intent.-- |
| 37 | (1) The Legislature finds that in general Florida springs, |
| 38 | whether found in urban or rural settings, public parks, or private |
| 39 | lands, are threatened by actual and potential flow reductions and |
| 40 | declining water quality. As a result of climate patterns and |
| 41 | population changes over the past 30 years, many of Florida's |
| 42 | springs have begun to exhibit signs of distress, including |
| 43 | increasing nutrient loading and lowered discharge. The groundwater |
| 44 | that feeds springs is recharged by seepage from the surface and |
| 45 | surface runoff and through direct conduits such as sinkholes. |
| 46 | (2) The Legislature further finds that springs and |
| 47 | groundwater once damaged by overuse can be restored through good |
| 48 | stewardship, including effective planning strategies and best |
| 49 | management practices to preserve and protect the springs. Land use |
| 50 | planning decisions can protect and improve spring water quality |
| 51 | and quantity, as well as upland resources. Managing land use types |
| 52 | and their allowable densities and intensities of development, |
| 53 | followed by specific site planning to further minimize impacts, |
| 54 | rank as an important goal. |
| 55 | (3) The Legislature further finds that development in |
| 56 | Florida will add to the pressure already affecting the surface and |
| 57 | ground water resources within each area that contributes to spring |
| 58 | flow. |
| 59 | (4) The Legislature further finds there exists a need to |
| 60 | provide for land use decisions that recognize protected property |
| 61 | rights and ensure the long-term viability of the springs in |
| 62 | Florida. |
| 63 | (5) The Legislature further finds that cooperative |
| 64 | coordinated efforts, such as the Suwannee River Partnership and |
| 65 | the Wekiva River Basin Coordinating Committee, implemented by |
| 66 | state and regional agencies, local governments, and affected |
| 67 | interests can best develop the mechanisms to protect Florida's |
| 68 | springs. It is therefore the intent of the Legislature to create |
| 69 | the Florida Springs Commission for the purpose of identifying |
| 70 | protection, restoration, and preservation strategies for Florida |
| 71 | springs. |
| 72 | 369.405 Florida Springs Commission.-- |
| 73 | (1)(a) The Florida Springs Commission is hereby created and |
| 74 | shall include: |
| 75 | 1. The Commissioner of Agriculture, the secretaries of the |
| 76 | Department of Community Affairs, the Department of Environmental |
| 77 | Protection, the Department of Transportation, and the Department |
| 78 | of Health, the executive director of the Fish and Wildlife |
| 79 | Conservation Commission, a representative from a water management |
| 80 | district governing board, a representative from a regional |
| 81 | planning council, a representative from the Florida Chamber of |
| 82 | Commerce, a representative from the Florida Association of |
| 83 | Community Developers, a representative from the American Water |
| 84 | Works Association, and a representative from the Florida Home |
| 85 | Builders Association. |
| 86 | 2. Three members appointed by the Governor consisting of: |
| 87 | a. A member of an environmental organization. |
| 88 | b. A property owner interested in springs protection. |
| 89 | c. A member from the business community. |
| 90 | 3. Three members appointed by the President of the Senate |
| 91 | consisting of: |
| 92 | a. A member of the Senate. |
| 93 | b. A locally elected county or municipal official. |
| 94 | c. A member of a conservation organization. |
| 95 | 4. Three members appointed by the Speaker of the House of |
| 96 | Representatives consisting of: |
| 97 | a. A member of the House of Representatives. |
| 98 | b. A locally elected county or municipal officer. |
| 99 | c. A member of the agricultural community. |
| 100 | (b) The secretary of the Department of Environmental |
| 101 | Protection shall serve as chair of the commission. |
| 102 | (c) Members of the commission shall serve without |
| 103 | compensation, but shall be reimbursed for per diem and travel |
| 104 | expenses in accordance with s. 112.061. |
| 105 | (d) The state and regional governmental commission members |
| 106 | may designate to represent their entity a senior staff person, who |
| 107 | shall have full voting authority. |
| 108 | (e) The commission may appoint technical subcommittees as |
| 109 | needed to assist in the completion of the work of the commission, |
| 110 | and such technical subcommittees may include qualified persons not |
| 111 | on the commission. |
| 112 | (f) All state agencies are directed, and all other |
| 113 | agencies and local governments are requested, to render |
| 114 | assistance to and cooperate with the commission. |
| 115 | (2) The commission shall perform an assessment of the |
| 116 | existing conditions of all first and second magnitude springs. |
| 117 | To assist the commission, the Department of Environmental |
| 118 | Protection shall work with the water management districts to |
| 119 | identify and map all first and second magnitude springs within |
| 120 | each district. The department and districts shall cooperatively |
| 121 | perform an assessment and create a uniform geographic |
| 122 | information system standard for collecting and reporting springs |
| 123 | data. The assessment for each spring shall include, at a |
| 124 | minimum, the following information: |
| 125 | (a) Current land owner. |
| 126 | (b) Latitude and longitude. |
| 127 | (c) Water quality, water quantity, and water use. |
| 128 | (d) Wetlands. |
| 129 | (e) Geology and soils. |
| 130 | (f) Vegetation. |
| 131 | (g) Floodplain area. |
| 132 | (h) Infrastructure. |
| 133 | (i) Fish and wildlife. |
| 134 | (j) Cultural resources and archaeology. |
| 135 | (k) Public access and use. |
| 136 | (l) Land use. |
| 137 | (m) Hazardous materials. |
| 138 | (n) Public health and safety. |
| 139 | (o) Aesthetics and scenic resources. |
| 140 | (p) Socioeconomics. |
| 141 | (3) The commission shall evaluate and recommend strategies |
| 142 | for protecting and ensuring the long-term viability of the |
| 143 | state's springs. In conducting this evaluation and developing |
| 144 | its recommendations, the commission shall consider: |
| 145 | (a) The protection of property rights. |
| 146 | (b) The effectiveness and application of current land use |
| 147 | strategies. |
| 148 | (c) The development and application of innovative land use |
| 149 | planning strategies. |
| 150 | (d) The effectiveness and sufficiency of existing |
| 151 | regulations. |
| 152 | (e) The use of regional partnerships, best management |
| 153 | practices, and other incentive-based nonregulatory programs. |
| 154 | (4) It is recognized that many springs protection policies |
| 155 | and programs have been developed or implemented through ongoing |
| 156 | efforts and that an evaluation of these policies and programs can |
| 157 | serve as a baseline and will greatly assist the commission in the |
| 158 | development of its recommendations. Therefore, in conducting its |
| 159 | evaluation and developing recommendations, the commission shall |
| 160 | consider relevant studies, springs protection initiatives, and |
| 161 | other information currently available for springs protection, |
| 162 | including: |
| 163 | (a) The Suwannee River Partnership. |
| 164 | (b) The Wekiva Basin Area Task Force. |
| 165 | (c) The Wekiva River Basin Coordinating Committee. |
| 166 | (d) The Florida Springs Initiative in the Department of |
| 167 | Environmental Protection. |
| 168 | (e) The Florida Springs Task Force. |
| 169 | (f) The use of basin management action plans developed by |
| 170 | the Department of Environmental Protection pursuant to the |
| 171 | implementation of the total maximum daily load program. |
| 172 | (5) The commission shall develop an overall model springs |
| 173 | protection plan which applies its recommended strategies developed |
| 174 | pursuant to subsections (3) and (4). The model plan shall contain |
| 175 | components that can be used by state agencies, local governments, |
| 176 | and citizens for more detailed individual springs protection |
| 177 | plans. Each plan shall provide a 5-year strategy for the use and |
| 178 | management of the springs based on information from the |
| 179 | assessment. The model plan shall include, at a minimum, the |
| 180 | following components: |
| 181 | (a) Analysis of environmental conditions. |
| 182 | (b) Analysis of present use patterns. |
| 183 | (c) Analysis of ability of the spring to support increased |
| 184 | public use. |
| 185 | (d) Discussion of the economic potential of spring use by |
| 186 | the public. |
| 187 | (e) Discussion of actions needed to promote increased public |
| 188 | use. |
| 189 | (f) Discussion of infrastructure requirements. |
| 190 | (g) Discussion of personnel requirements. |
| 191 | (h) Discussion of security needs. |
| 192 | (i) Discussion of limits on spring use to avoid permanent |
| 193 | detrimental impacts to the spring. |
| 194 | (j) Discussion of strategy for leveraging resources for |
| 195 | springs protection. |
| 196 | (k) Discussion of a long-term management partnership among |
| 197 | the state, regional, and local governments and citizens within the |
| 198 | area. |
| 199 | (6) The commission may develop and recommend other |
| 200 | appropriate measures necessary to achieve springs protection. |
| 201 | (7) In developing its recommendations, the commission shall |
| 202 | receive and consider public comment and shall otherwise maximize |
| 203 | public participation from all affected parties. |
| 204 | (8) The commission shall expire July 1, 2010. |
| 205 | Section 2. This act shall take effect July 1, 2006. |