Senate Bill sb1486

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    Florida Senate - 2007                                  SB 1486

    By Senator Oelrich





    14-1401-07                                          See HB 299

  1                      A bill to be entitled

  2         An act relating to the Florida Springs

  3         Protection Act; creating pt. IV of ch. 369,

  4         F.S., relating to springs protection; creating

  5         s. 369.401, F.S.; providing a short title;

  6         creating s. 369.403, F.S.; providing

  7         legislative intent; creating s. 369.405, F.S.;

  8         creating the Florida Springs Commission;

  9         providing for membership and the appointment of

10         certain members by the Governor and the

11         Legislature; authorizing reimbursement for per

12         diem and travel expenses; authorizing

13         appointment of technical subcommittees;

14         directing state agencies and requesting local

15         governments to provide assistance to the

16         commission; requiring the Department of

17         Environmental Protection and water management

18         districts to identify and assess certain

19         springs; providing requirements for such

20         assessments; requiring the commission to

21         perform certain assessments and recommend

22         strategies for protecting and ensuring the

23         long-term viability of the state's springs;

24         providing requirements and procedures therefor;

25         requiring a model springs-protection plan;

26         providing a dissolution date for the

27         commission; providing an effective date.

28  

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

30  

31  

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1         Section 1.  Part IV of chapter 369, Florida Statutes,

 2  consisting of sections 369.401, 369.403, and 369.405, is

 3  created to read:

 4                             PART IV

 5                        SPRINGS PROTECTION

 6         369.401  Short title.--This part may be cited as the

 7  "Florida Springs Protection Act."

 8         369.403  Legislative findings and intent.--

 9         (1)  The Legislature finds that, in general, Florida

10  springs, whether found in urban or rural settings, public

11  parks, or private lands, are threatened by actual and

12  potential flow reductions and declining water quality. As a

13  result of climate patterns and population changes over the

14  past 30 years, many of Florida's springs have begun to exhibit

15  signs of distress, including increasing nutrient loading and

16  lowered discharge. The groundwater that feeds springs is

17  recharged by seepage from the surface and surface runoff and

18  through direct conduits such as sinkholes.

19         (2)  The Legislature further finds that springs and

20  groundwater once damaged by overuse can be restored through

21  good stewardship, including effective planning strategies and

22  best management practices to preserve and protect the springs.

23  Land-use-planning decisions can protect and improve spring

24  water quality and quantity as well as upland resources.

25  Managing land use types and their allowable densities and

26  intensities of development, followed by specific site planning

27  to further minimize impacts, rank as important goals.

28         (3)  The Legislature further finds that development in

29  Florida will add to the pressure already affecting the surface

30  water and groundwater resources within each area that

31  contribute to spring flow.

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1         (4)  The Legislature further finds a need to provide

 2  for land use decisions that recognize protected property

 3  rights and ensure the long-term viability of Florida's

 4  springs.

 5         (5)  The Legislature further finds that cooperative,

 6  coordinated efforts, such as the Suwannee River Partnership

 7  and the Wekiva River Basin Coordinating Committee, implemented

 8  by state and regional agencies, local governments, and

 9  affected interests, can best develop the mechanisms to protect

10  Florida's springs. It is therefore the intent of the

11  Legislature to create the Florida Springs Commission for the

12  purpose of identifying protection, restoration, and

13  preservation strategies for Florida springs.

14         369.405  Florida Springs Commission.--

15         (1)(a)  The Florida Springs Commission is created and

16  shall include:

17         1.  The Commissioner of Agriculture, the secretaries of

18  the Department of Community Affairs, the Department of

19  Environmental Protection, the Department of Transportation,

20  and the Department of Health, the executive director of the

21  Fish and Wildlife Conservation Commission, a representative

22  from a water management district governing board, a

23  representative from a regional planning council, a

24  representative from the Florida Chamber of Commerce, a

25  representative from the Florida Association of Community

26  Developers, a representative from the American Water Works

27  Association, and a representative from the Florida Home

28  Builders Association.

29         2.  Three members appointed by the Governor, consisting

30  of:

31         a.  A member of an environmental organization.

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1         b.  A property owner interested in springs protection.

 2         c.  A member from the business community.

 3         3.  Three members appointed by the President of the

 4  Senate, consisting of:

 5         a.  A member of the Senate.

 6         b.  A locally elected county or municipal official.

 7         c.  A member of a conservation organization.

 8         4.  Three members appointed by the Speaker of the House

 9  of Representatives, consisting of:

10         a.  A member of the House of Representatives.

11         b.  A locally elected county or municipal official.

12         c.  A member of the agricultural community.

13         (b)  The secretary of the Department of Environmental

14  Protection shall serve as chair of the commission.

15         (c)  Members of the commission shall serve without

16  compensation but shall be reimbursed for per diem and travel

17  expenses in accordance with s. 112.061.

18         (d)  The state and regional governmental commission

19  members may designate to represent their entity a senior staff

20  person, who shall have full voting authority.

21         (e)  The commission may appoint technical subcommittees

22  as needed to assist in the completion of the work of the

23  commission, and such technical subcommittees may include

24  qualified persons not on the commission.

25         (f)  All state agencies are directed, and all other

26  agencies and local governments are requested, to render

27  assistance to and cooperate with the commission.

28         (2)  The commission shall perform an assessment of the

29  existing conditions of all first and second magnitude springs.

30  To assist the commission, the Department of Environmental

31  Protection shall work with the water management districts to

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1  identify and map all first and second magnitude springs within

 2  each district. The department and districts shall

 3  cooperatively perform an assessment and create a uniform

 4  geographic information system standard for collecting and

 5  reporting springs data. The assessment for each spring shall

 6  include, at a minimum, the following information:

 7         (a)  Current land owner.

 8         (b)  Latitude and longitude.

 9         (c)  Water quality, water quantity, and water use.

10         (d)  Wetlands.

11         (e)  Geology and soils.

12         (f)  Vegetation.

13         (g)  Floodplain area.

14         (h)  Infrastructure.

15         (i)  Fish and wildlife.

16         (j)  Cultural resources and archaeology.

17         (k)  Public access and use.

18         (l)  Land use.

19         (m)  Hazardous materials.

20         (n)  Public health and safety.

21         (o)  Aesthetics and scenic resources.

22         (p)  Socioeconomics.

23         (3)  The commission shall evaluate and recommend

24  strategies for protecting and ensuring the long-term viability

25  of the state's springs. In conducting this evaluation and

26  developing its recommendations, the commission shall consider:

27         (a)  The protection of property rights.

28         (b)  The effectiveness and application of current land

29  use strategies.

30         (c)  The development and application of innovative

31  land-use-planning strategies.

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1         (d)  The effectiveness and sufficiency of existing

 2  regulations.

 3         (e)  The use of regional partnerships, best management

 4  practices, and other incentive-based nonregulatory programs.

 5         (4)  It is recognized that many springs-protection

 6  policies and programs have been developed or implemented

 7  through ongoing efforts and that an evaluation of these

 8  policies and programs can serve as a baseline and will greatly

 9  assist the commission in the development of its

10  recommendations. Therefore, in conducting its evaluation and

11  developing recommendations, the commission shall consider

12  relevant studies, springs-protection initiatives, and other

13  information currently available for springs protection,

14  including:

15         (a)  The Suwannee River Partnership.

16         (b)  The Wekiva Basin Area Task Force.

17         (c)  The Wekiva River Basin Coordinating Committee.

18         (d)  The Florida Springs Initiative in the Department

19  of Environmental Protection.

20         (e)  The Florida Springs Task Force.

21         (f)  The use of basin management action plans developed

22  by the Department of Environmental Protection pursuant to the

23  implementation of the total maximum daily load program.

24         (5)  The commission shall develop an overall model

25  springs-protection plan that applies its recommended

26  strategies developed pursuant to subsections (3) and (4). The

27  model plan shall contain components that can be used by state

28  agencies, local governments, and citizens for more detailed

29  individual springs-protection plans. Each plan shall provide a

30  5-year strategy for the use and management of the springs

31  

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    Florida Senate - 2007                                  SB 1486
    14-1401-07                                          See HB 299




 1  based on information from the assessment. The model plan shall

 2  include, at a minimum, the following components:

 3         (a)  Analysis of environmental conditions.

 4         (b)  Analysis of present use patterns.

 5         (c)  Analysis of ability of the spring to support

 6  increased public use.

 7         (d)  Discussion of the economic potential of spring use

 8  by the public.

 9         (e)  Discussion of actions needed to promote increased

10  public use.

11         (f)  Discussion of infrastructure requirements.

12         (g)  Discussion of personnel requirements.

13         (h)  Discussion of security needs.

14         (i)  Discussion of limits on spring use to avoid

15  permanent detrimental impacts to the spring.

16         (j)  Discussion of strategy for leveraging resources

17  for springs protection.

18         (k)  Discussion of a long-term management partnership

19  among the state, regional, and local governments and citizens

20  within the area.

21         (6)  The commission may develop and recommend other

22  appropriate measures necessary to achieve springs protection.

23         (7)  In developing its recommendations, the commission

24  shall receive and consider public comment and shall otherwise

25  maximize public participation from all affected parties.

26         (8)  The commission shall expire July 1, 2011.

27         Section 2.  This act shall take effect July 1, 2007.

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29  

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