HB 1281

1	A bill to be entitled
2	An act relating to the Myakka River; amending s. 258.501,
3	F.S.; including portions of the river that are in Manatee
4	and Charlotte Counties in the river area that is
5	designated as a Florida wild and scenic river; revising
6	provisions to conform; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Section 258.501, Florida Statutes, is amended
11	to read:
12	258.501  Myakka River; wild and scenic river designation
13	segment.--
14	(1)  SHORT TITLE.--This section may be cited as the "Myakka
15	River Wild and Scenic Designation and Preservation Act."
16	(2)  LEGISLATIVE DECLARATION.--The Legislature finds and
17	declares that a certain segment of the Myakka River in Manatee,
18	Sarasota, and Charlotte Counties possesses outstandingly
19	remarkable ecological, fish and wildlife, and recreational
20	values which are unique in the State of Florida. These values
21	give significance to the river as one which should be
22	permanently preserved and enhanced for the citizens of the State
23	of Florida, both present and future. The permanent management
24	and administration of the river involves a complex interaction
25	of state, regional, and local interests which require balancing
26	and coordination of purpose. It is the intention of the
27	Legislature to provide for the permanent preservation of the
28	designated segment of the Myakka River by way of development of
29	a plan for permanent administration by agencies of state and
30	local government which will ensure the protection necessary but
31	retain that degree of flexibility, responsiveness, and expertise
32	which will accommodate all of the diverse interests involved in
33	a manner best calculated to be in the public interest.
34	(3)  DEFINITIONS.--As used in this section, the term:
35	(a)  "Activity" means the doing of any act or the failing
36	to do any act, whether by a natural person or a corporation.
37	(b)  "Agreement" means the interagency operating agreement
38	between the department, the Department of Community Affairs, and
39	Charlotte County, Manatee County, Sarasota County, or the City
40	of North Port.
41	(c)  "Coordinating council" means the council created by
42	subsection (7).
43	(d)  "Department" means the Department of Environmental
44	Protection.
45	(e)  "Division" means the Division of Recreation and Parks
46	of the Department of Environmental Protection.
47	(f)  "Major infrastructure facility" means a manmade
48	structure which serves the common needs of the population, such
49	as a central sewage disposal system, potable water system,
50	potable water well serving a system, solid waste disposal site
51	or retention area, stormwater system, utility, causeway, marina,
52	bridge, or roadway.
53	(g)  "Person" means an individual, corporation,
54	governmental agency or institution thereof, business trust,
55	estate, trust, partnership, association, two or more persons
56	having a joint or common interest, or other legal entity.
57	(h)  "Resource value" means any one or more of the specific
58	economic, scenic, recreational, geologic, fish and wildlife,
59	historic, cultural, or ecological features associated with the
60	river area as determined by the coordinating council.
61	(i)  "River area" means that corridor of land beneath and
62	surrounding the navigable portion of the Myakka River from the
63	beginning of the river mile 7.5 to the mouth of the river at
64	Charlotte Harbor river mile 41.5, together with a corridor
65	including the maximum upland extent of wetlands vegetation as
66	determined by the former Department of Environmental Regulation
67	pursuant to chapter 403 and chapters 17-3 and 17-312, Florida
68	Administrative Code.
69	(j)  "Wild and scenic protection zone" means an area which
70	extends 220 feet landward from the river area.
71	(4)  DESIGNATION OF WILD AND SCENIC RIVER.--
72	(a)  The corridor of land surrounding and beneath the
73	navigable portion of the Myakka River between the beginning of
74	the river mile 7.5 and the mouth of the river at Charlotte
75	Harbor river mile 41.5 is hereby designated as a Florida wild
76	and scenic river for the purposes of this section and is subject
77	to all of the provisions of this section. Such designated
78	portion is more particularly described as that portion of the
79	Myakka River located between State Road 780 in Sarasota County
80	and the Sarasota-Charlotte County line.
81	(b)  The governments of Charlotte County, Manatee County,
82	Sarasota County, and the City of North Port shall manage the
83	Myakka River wild and scenic protection zone under their
84	existing authorities for comprehensive planning, the regulation
85	of land development activities, and other necessary or
86	appropriate ordinances and in conformance with this section, the
87	management plan required under subsection (5), and the
88	agreements adopted by the department and the Department of
89	Community Affairs with the city and counties county pursuant to
90	this section.
91	(5)  DEVELOPMENT OF MANAGEMENT PLAN.--
92	(a)  The department and the coordinating council shall
93	jointly develop a proposed management plan for the designated
94	segment of the Myakka River, subject to and consistent with the
95	provisions of this section.
96	(b)  The development of the proposed management plan shall
97	be by public hearing and shall include participation by all
98	appropriate state agencies and by all appropriate or interested
99	local governments and private organizations.
100	(c)  The proposed management plan shall include provision
101	for:
102	1.  Permanent protection and enhancement of the ecological,
103	fish and wildlife, and recreational values within the river
104	area, primary emphasis being given to protecting agricultural,
105	aesthetic, scenic, historic, archaeologic, and scientific
106	features.
107	2.  Continuation of land uses and developments on private
108	lands within the river area which are in existence on January 1,
109	1986.
110	3.  Periodic studies to determine the quantity and mixture
111	of recreation and other public uses which can be permitted
112	without adverse impact on the resource values of the river area.
113	4.  Regulation, control, and distribution of public access
114	where necessary to protect and enhance the resource values of
115	the river area.
116	5.  Consideration of need for basic facilities to absorb
117	user impact on the river area, including necessary toilet or
118	refuse containers, but, if found to be necessary, located in
119	order to minimize their intrusive impact.
120	6.  Restriction of motorized travel by land vehicle or boat
121	where necessary to protect the resource values in the river
122	area.
123	7.  Agricultural and forestry practices similar in nature
124	to those in the river area on January 1, 1986.
125	8.  Resource management practices for the protection,
126	conservation, rehabilitation, or enhancement of river area
127	resource values.
128	9.  Monitoring of existing water quality.
129	10.  Continuance of existing drainage and water management
130	practices, unless such existing practices will adversely affect,
131	degrade, or diminish existing water quality or existing resource
132	values in the river area, and allowance of new water resource
133	management practices which will not have an adverse impact on
134	resource values in the river area.
135	11.  Review and regulation of all activities conducted or
136	proposed to be conducted within the river area which will or may
137	have an adverse impact on any of the resource values in the
138	river area as provided in this section.
139	12.  Review and regulation, by Charlotte County, Manatee
140	County, Sarasota County, and the City of North Port under their
141	respective authorities, of activities within the wild and scenic
142	protection zone; and subsequent prohibition, or approval with or
143	without conditions, of such activities in order to minimize
144	potential adverse physical and visual impacts on resource values
145	in the river area and to minimize adverse impacts on private
146	landowners' use of land for residential purposes.
147	(d)  To the extent not inconsistent with this section, the
148	proposed management plan may also include any other provisions
149	deemed by the department to be necessary or advisable for the
150	permanent protection of the river as a component of the Florida
151	Wild and Scenic Rivers System.
152	(6)  AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.--
153	(a)  Charlotte County, Manatee County, Sarasota County, and
154	the City of North Port shall amend their comprehensive plans so
155	that the parts of such plans that affect the wild and scenic
156	protection zone conform to, or are more stringent than, this
157	section, the river management plan, and management guidelines
158	and performance standards to be developed and contained within
159	agreements to be adopted by the department, the Department of
160	Community Affairs, and the city and counties county. The
161	guidelines and performance standards must be used by the
162	department and the Department of Community Affairs to review and
163	monitor the regulation of activities by the city and counties
164	county in the wild and scenic protection zone. Amendments to
165	those comprehensive plans must include specific policies and
166	guidelines for minimizing adverse impacts on resources in the
167	river area and for managing the wild and scenic protection zone
168	in conformance with this section, the river management plan, and
169	the agreement. Such comprehensive plans must be amended within 1
170	year after the adoption date of the agreement, and thereafter,
171	within 6 months following an amendment to this section, the
172	river management plan, or the agreement, as may be necessary.
173	For the purposes established in this subsection, such amendments
174	need not conform to statutory or local ordinance limitations on
175	the frequency of consideration of amendments to local
176	comprehensive plans.
177	(b)  Charlotte County, Manatee County, Sarasota County, and
178	the City of North Port shall adopt or amend, within 1 year after
179	the department and the Department of Community Affairs adopt
180	with the city and with the county agreements for regulating
181	activities in the wild and scenic protection zone, any necessary
182	ordinances and land development regulations so that those
183	ordinances and regulations conform to the purposes of this
184	section, the river management plan, and the agreement.
185	Thereafter, following any amendment to this section, the river
186	management plan, or the agreement, the city and counties county
187	must amend or adopt, within 1 year, appropriate ordinances and
188	land development regulations to maintain such local ordinances
189	and regulations in conformance with this section, the river
190	management plan, and the agreement.  Those ordinances and
191	regulations must provide that activities must be prohibited, or
192	must undergo review and either be denied or permitted with or
193	without conditions, so as to minimize potential adverse physical
194	and visual impacts on resource values in the river area and to
195	minimize adverse impacts on private landowners' use of land for
196	residential purposes.  The resource values of concern are those
197	identified in this section and by the coordinating council in
198	the river management plan. Activities which may be prohibited,
199	subject to the agreement, include, but are not limited to,
200	landfills, clear cuttings, major new infrastructure facilities,
201	major activities that would alter historic water or flood flows,
202	multifamily residential construction, commercial and industrial
203	development, and mining and major excavations.  However,
204	appurtenant structures for these activities may be permitted if
205	such structures do not have adverse visual or measurable adverse
206	environmental impacts to resource values in the river area.
207	(c)  If the Department of Community Affairs determines that
208	the local comprehensive plan or land development regulations, as
209	amended or supplemented by the local government, are not in
210	conformance with the purposes of this section, the river
211	management plan, and the agreement, the Department of Community
212	Affairs shall issue a notice of intent to find the plan not in
213	compliance and such plan shall be subject to the administrative
214	proceedings in accordance with s. 163.3184.
215	(7)  MANAGEMENT COORDINATING COUNCIL.--
216	(a)  Upon designation, the department shall create a
217	permanent council to provide interagency and intergovernmental
218	coordination in the management of the river. The coordinating
219	council shall be composed of one representative appointed from
220	each of the following: the department, the Department of
221	Transportation, the Fish and Wildlife Conservation Commission,
222	the Department of Community Affairs, the Division of Forestry of
223	the Department of Agriculture and Consumer Services, the
224	Division of Historical Resources of the Department of State, the
225	Tampa Bay Regional Planning Council, the Southwest Florida Water
226	Management District, the Southwest Florida Regional Planning
227	Council, Manatee County, Sarasota County, Charlotte County, the
228	City of Sarasota, the City of North Port, agricultural
229	interests, environmental organizations, and any others deemed
230	advisable by the department.
231	(b)  The coordinating council shall review and make
232	recommendations on all proposals for amendments or modifications
233	to this section and to the permanent management plan, as well as
234	on other matters which may be brought before the council by the
235	department, any local government, or any member of the council,
236	and shall render its nonbinding advisory opinion to the
237	Southwest Florida Water Management District, the department, and
238	affected local governments.
239	(c)  The council may adopt bylaws to provide for election
240	of such officers as it deems necessary, removal of officers for
241	just cause, meetings, quorum, procedures, and other such matters
242	as its members may deem advisable in the conduct of its
243	business. Such bylaws shall be approved by the department.
244	(d)  Such professional staff as the coordinating council
245	may require shall be provided by the department.
246	(8)  PRESERVATION OF EXISTING GOVERNMENTAL AUTHORITY.--
247	(a)  Nothing contained in this section shall operate to
248	divest any agency, water management district, municipality,
249	county, or special district of any authority or jurisdiction in
250	existence on January 1, 1986.
251	(b)  Notwithstanding paragraph (a), Charlotte County,
252	Manatee County, Sarasota County, and the City of North Port
253	must, in exercising their authority and jurisdiction over any
254	part of the wild and scenic protection zone, act in conformance
255	with this section, the management plan, and the agreements
256	entered into pursuant to this section.
257	(9)  RULEMAKING AUTHORITY.--
258	(a)  The department is authorized to adopt rules to
259	regulate activities within the river area which have adverse
260	impact on resource values as adopted by the coordinating council
261	within the river area.
262	(b)  The department shall coordinate all activities related
263	to rule adoption and enforcement with the regulatory and
264	management programs of other agencies in order to avoid to the
265	maximum extent possible any conflicts or duplication arising
266	therefrom.
267	(c)  The department and the Department of Community Affairs
268	must enter into agreements with the City of North Port,
269	Charlotte County, Manatee County, and Sarasota County which that
270	provide for guiding and monitoring the regulation of activities
271	by the city and counties county, in accordance with subsection
272	(6). Such agreements shall include guidelines and performance
273	standards for regulating proposed activities so as to minimize
274	adverse environmental and visual impacts of such activities on
275	the resource values in the river area, and to minimize adverse
276	impacts to landowners' use of land for residential purposes.
277	(10)  PERMITTING AUTHORITY.--
278	(a)  No person or entity shall conduct any activity within
279	the river area which will or may have an adverse impact on any
280	resource value in the river area without first having received a
281	permit from the department.
282	(b)  A permit may be granted only after a finding by the
283	department that the activity for which a permit has been
284	requested will not have an adverse impact on resource values in
285	the river area.
286	(c)  The department may adopt an application fee schedule
287	providing for payment of reasonable fees to defray the cost of
288	processing applications.
289	(11)  NOTIFICATION BY REGULATORY AGENCIES.--All state,
290	regional, and local regulatory agencies shall provide to the
291	department notification of applications received by the agency
292	for approval to conduct activities in the river area and
293	protection zone.
294	(12)  LEGAL STATUS OF COMPREHENSIVE PLAN AMENDMENTS.--It is
295	the intent of this section that the city and counties county
296	amend their comprehensive plans, land development regulations,
297	and other appropriate ordinances and regulations to be in
298	conformance with this section, the river management plan, and
299	guidelines and performance standards to be developed and adopted
300	by agreement pursuant to this section.  Such amendments shall
301	have legal status as provided under s. 163.3194 and must be
302	implemented through appropriate local regulations in accordance
303	with s. 163.3201.
304	(13)  STANDING TO ENFORCE AMENDED COMPREHENSIVE PLANS.--It
305	is the intent of this section that any aggrieved or adversely
306	affected person may maintain an action for injunction or other
307	relief against the city or counties county to prevent any such
308	local government from taking action in regulating activities not
309	consistent with the comprehensive plan, land development
310	regulations, and other appropriate ordinances and regulations,
311	as amended, pursuant to this section and s. 163.3215.
312	(14)  PERMITTED ACTIVITIES.--
313	(a)  Nothing in this section shall be construed to prohibit
314	or regulate any activity taking place outside the river area and
315	the wild and scenic protection zone for which necessary permits
316	and licenses are obtained as required by other provisions of
317	federal, state, or local law.
318	(b)  Nothing in this section shall be construed to prohibit
319	or limit public utilities from improving, maintaining,
320	modifying, or expanding existing facilities or constructing new
321	facilities in the river area or the wild and scenic protection
322	zone, provided the necessary federal, state, and local permits
323	and licenses are obtained.
324	(15)  PROHIBITED ACTIVITY.--Airboats are prohibited from
325	operating in the river area north of U.S. Highway 41 (State Road
326	45), except for uses officially allowed by government agencies.
327	(16)  ENFORCEMENT.--Officers of the department shall have
328	full authority to enforce any rule adopted by the department
329	under this section with the same police powers given them by law
330	to enforce the rules of state parks and the rules pertaining to
331	saltwater areas under the jurisdiction of the Florida Marine
332	Patrol.
333	(17)  PENALTIES.--Violation of this section or of any rule
334	adopted under this section constitutes a misdemeanor of the
335	second degree, punishable as provided in s. 775.082 or s.
336	775.083.  Continuing violation after notice constitutes a
337	separate violation for each day so continued.
338	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.