Senate Bill sb2176c1
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Florida Senate - 2007 CS for SB 2176
By the Committee on Environmental Preservation and
Conservation; and Senator Bennett
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1 A bill to be entitled
2 An act relating to inland navigation districts;
3 amending s. 374.975, F.S.; providing that
4 operation and maintenance by the inland
5 navigation districts of the intracoastal
6 waterway and certain other public navigation
7 channels are in the public interest; amending
8 s. 374.976, F.S.; adding nonmember counties
9 that contain any part of the intracoastal
10 waterway within their boundaries to the list of
11 governmental entities with which a district can
12 aid and cooperate; authorizing the Department
13 of Environmental Protection to develop and
14 maintain a list of flocculants for certain
15 uses; amending s. 403.813, F.S.; specifying a
16 mixing zone for turbidity under certain
17 circumstances; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (1) of section 374.975, Florida
22 Statutes, is amended to read:
23 374.975 Inland navigation districts; legislative
24 intent.--
25 (1) The Legislature hereby recognizes the continuing
26 need for inland navigation districts to undertake programs
27 necessary to accomplish the purposes of construction,
28 maintenance, and operation of Florida's inland waterways
29 pursuant to s. 107 of the federal River and Harbor Act of 1960
30 (33 U.S.C. s. 577). Operation and maintenance by an inland
31 navigation district of the intracoastal waterway and any other
1
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Florida Senate - 2007 CS for SB 2176
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1 public navigation channel as authorized by the Board of
2 Trustees of the Internal Improvement Trust Fund is in the
3 public interest.
4 Section 2. Paragraph (c) of subsection (1) of section
5 374.976, Florida Statutes, is amended to read:
6 374.976 Authority to address impacts of waterway
7 development projects.--
8 (1) Each inland navigation district is empowered and
9 authorized to undertake programs intended to alleviate the
10 problems associated with its waterway or waterways, including,
11 but not limited to, the following:
12 (c) The district is authorized to aid and cooperate
13 with the Federal Government, the state, member counties,
14 nonmember counties that contain any part of the intracoastal
15 waterway within their boundaries, and local governments within
16 the district in planning and carrying out public navigation,
17 local and regional anchorage management, beach renourishment,
18 public recreation, inlet management, environmental education,
19 and boating safety projects, directly related to the
20 waterways. The district is also authorized to enter into
21 cooperative agreements with the United States Army Corps of
22 Engineers, state, and member counties, and to covenant in any
23 such cooperative agreement to pay part of the costs of
24 acquisition, planning, development, construction,
25 reconstruction, extension, improvement, operation, and
26 maintenance of such projects.
27 Section 3. The Department of Environmental Protection
28 may develop and maintain a list of flocculants the use of
29 which is permitted under part IV of chapter 373, Florida
30 Statutes, including information concerning any associated
31 testing to determine compliance with state permitting
2
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Florida Senate - 2007 CS for SB 2176
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1 standards and information on application rates and methods.
2 Publication of this list is not a rule under the provisions of
3 chapter 120, Florida Statutes. This section does not prevent
4 an entity from proposing, or the department from approving,
5 the use of a flocculant that is not on the department's list
6 subject to the entity providing the necessary documentation
7 required by the department to ensure that its use will not
8 cause harm to the water resources of the state.
9 Section 4. Paragraph (f) of subsection (2) of section
10 403.813, Florida Statutes, is amended to read:
11 403.813 Permits issued at district centers;
12 exceptions.--
13 (2) A permit is not required under this chapter,
14 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
15 or chapter 25270, 1949, Laws of Florida, for activities
16 associated with the following types of projects; however,
17 except as otherwise provided in this subsection, nothing in
18 this subsection relieves an applicant from any requirement to
19 obtain permission to use or occupy lands owned by the Board of
20 Trustees of the Internal Improvement Trust Fund or any water
21 management district in its governmental or proprietary
22 capacity or from complying with applicable local pollution
23 control programs authorized under this chapter or other
24 requirements of county and municipal governments:
25 (f) The performance of maintenance dredging of
26 existing manmade canals, channels, intake and discharge
27 structures, and previously dredged portions of natural water
28 bodies within drainage rights-of-way or drainage easements
29 which have been recorded in the public records of the county,
30 where the spoil material is to be removed and deposited on a
31 self-contained, upland spoil site which will prevent the
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1 escape of the spoil material into the waters of the state,
2 provided that no more dredging is to be performed than is
3 necessary to restore the canals, channels, and intake and
4 discharge structures, and previously dredged portions of
5 natural water bodies, to original design specifications or
6 configurations, provided that the work is conducted in
7 compliance with s. 370.12(2)(d), provided that no significant
8 impacts occur to previously undisturbed natural areas, and
9 provided that control devices for return flow and best
10 management practices for erosion and sediment control are
11 utilized to prevent bank erosion and scouring and to prevent
12 turbidity, dredged material, and toxic or deleterious
13 substances from discharging into adjacent waters during
14 maintenance dredging. Further, for maintenance dredging of
15 previously dredged portions of natural water bodies within
16 recorded drainage rights-of-way or drainage easements, an
17 entity that seeks an exemption must notify the department or
18 water management district, as applicable, at least 30 days
19 prior to dredging and provide documentation of original design
20 specifications or configurations where such exist. This
21 exemption applies to all canals and previously dredged
22 portions of natural water bodies within recorded drainage
23 rights-of-way or drainage easements constructed prior to April
24 3, 1970, and to those canals and previously dredged portions
25 of natural water bodies constructed on or after April 3, 1970,
26 pursuant to all necessary state permits. A maintenance
27 dredging project that qualifies for this exemption is granted
28 a mixing zone for turbidity within a 100-meter radius around
29 the point of dredging while the dredging is ongoing if the
30 mixing zone does not extend into areas supporting submerged
31 aquatic vegetation or hard-bottom communities. This exemption
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1 does not apply to the removal of a natural or manmade barrier
2 separating a canal or canal system from adjacent waters. When
3 no previous permit has been issued by the Board of Trustees of
4 the Internal Improvement Trust Fund or the United States Army
5 Corps of Engineers for construction or maintenance dredging of
6 the existing manmade canal or intake or discharge structure,
7 such maintenance dredging shall be limited to a depth of no
8 more than 5 feet below mean low water. The Board of Trustees
9 of the Internal Improvement Trust Fund may fix and recover
10 from the permittee an amount equal to the difference between
11 the fair market value and the actual cost of the maintenance
12 dredging for material removed during such maintenance
13 dredging. However, no charge shall be exacted by the state for
14 material removed during such maintenance dredging by a public
15 port authority. The removing party may subsequently sell such
16 material; however, proceeds from such sale that exceed the
17 costs of maintenance dredging shall be remitted to the state
18 and deposited in the Internal Improvement Trust Fund.
19 Section 5. This act shall take effect July 1, 2007.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 Senate Bill 2176
23
24 The committee substitute provides that the operation and
maintenance by inland navigation districts of the intracoastal
25 waterway and other public navigation channels is in the public
interest.
26
The Department of Environmental Protection is authorized to
27 develop and maintain a list of flocculants the use of which is
permitted under Part IV, Ch. 373, F.S. Publication of this
28 list is not considered a rule under the provisions of ch. 120,
F.S.
29
Provides that certain maintenance dredging projects are
30 granted a mixing zone for turbidity within a 100-meter radius
around the point of dredging while the dredging is ongoing.
31 The mixing zone may not extend into areas supporting submerged
aquatic vegetation or hard-bottom communities.
5
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