Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation and Conservation
12 (Jones) recommended the following amendment:
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14 Senate Amendment
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 258.501, Florida Statutes, is
19 amended to read:
20 258.501 Myakka River; wild and scenic river
21 designation segment.--
22 (1) SHORT TITLE.--This section may be cited as the
23 "Myakka River Wild and Scenic Designation and Preservation
24 Act."
25 (2) LEGISLATIVE DECLARATION.--The Legislature finds
26 and declares that a certain segment of the Myakka River in
27 Manatee, Sarasota, and Charlotte Counties possesses
28 outstandingly remarkable ecological, fish and wildlife, and
29 recreational values which are unique in the State of Florida.
30 These values give significance to the river as one which
31 should be permanently preserved and enhanced for the citizens
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 of the State of Florida, both present and future. The
2 permanent management and administration of the river involves
3 a complex interaction of state, regional, and local interests
4 which require balancing and coordination of purpose. It is the
5 intention of the Legislature to provide for the permanent
6 preservation of the designated segment of the Myakka River by
7 way of development of a plan for permanent administration by
8 agencies of state and local government which will ensure the
9 protection necessary but retain that degree of flexibility,
10 responsiveness, and expertise which will accommodate all of
11 the diverse interests involved in a manner best calculated to
12 be in the public interest.
13 (3) DEFINITIONS.--As used in this section, the term:
14 (a) "Activity" means the doing of any act or the
15 failing to do any act, whether by a natural person or a
16 corporation.
17 (b) "Agreement" means the interagency operating
18 agreement between the department, the Department of Community
19 Affairs, and Charlotte County, Manatee County, Sarasota
20 County, or the City of North Port.
21 (c) "Coordinating council" means the council created
22 by subsection (7).
23 (d) "Department" means the Department of Environmental
24 Protection.
25 (e) "Division" means the Division of Recreation and
26 Parks of the Department of Environmental Protection.
27 (f) "Major infrastructure facility" means a manmade
28 structure which serves the common needs of the population,
29 such as a central sewage disposal system, potable water
30 system, potable water well serving a system, solid waste
31 disposal site or retention area, stormwater system, utility,
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
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1 causeway, marina, bridge, or roadway.
2 (g) "Person" means an individual, corporation,
3 governmental agency or institution thereof, business trust,
4 estate, trust, partnership, association, two or more persons
5 having a joint or common interest, or other legal entity.
6 (h) "Resource value" means any one or more of the
7 specific economic, scenic, recreational, geologic, fish and
8 wildlife, historic, cultural, or ecological features
9 associated with the river area as determined by the
10 coordinating council.
11 (i) "River area" means that corridor of land beneath
12 and surrounding the navigable portion of the Myakka River from
13 the beginning of the river mile 7.5 to the mouth of the river
14 at Charlotte Harbor river mile 41.5, together with a corridor
15 which extends 220 feet landward in either direction from the
16 center point fo the channel including the maximum upland
17 extent of wetlands vegetation as determined by the former
18 Department of Environmental Regulation pursuant to chapter 403
19 and chapters 17-3 and 17-312, Florida Administrative Code.
20 (j) "Wild and scenic protection zone" means an area
21 which extends 220 feet landward from the river area.
22 (4) DESIGNATION OF WILD AND SCENIC RIVER.--
23 (a) The corridor of land surrounding and beneath the
24 navigable portion of the Myakka River between the beginning of
25 the river mile 7.5 and the mouth of the river at Charlotte
26 Harbor river mile 41.5 is hereby designated as a Florida wild
27 and scenic river for the purposes of this section and is
28 subject to all of the provisions of this section. Such
29 designated portion is more particularly described as that
30 portion of the Myakka River located between State Road 780 in
31 Sarasota County and the Sarasota-Charlotte County line.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 (b) The governments of Charlotte County, Manatee
2 County, Sarasota County, and the City of North Port shall
3 manage the Myakka River wild and scenic protection zone under
4 their existing authorities for comprehensive planning, the
5 regulation of land development activities, in the wild and
6 scenic protection zone, and other necessary or appropriate
7 ordinances and in conformance with this section, the
8 management plan required under subsection (5), and the
9 agreements adopted by the department and the Department of
10 Community Affairs with the city and counties county pursuant
11 to this section.
12 (5) DEVELOPMENT OF MANAGEMENT PLAN.--
13 (a) The department and the coordinating council shall
14 jointly develop a proposed management plan for the designated
15 segment of the Myakka River, subject to and consistent with
16 the provisions of this section.
17 (b) The development of the proposed management plan
18 shall be by public hearing and shall include participation by
19 all appropriate state agencies and by all appropriate or
20 interested local governments and private organizations.
21 (c) The proposed management plan shall include
22 provision for:
23 1. Permanent protection and enhancement of the
24 ecological, fish and wildlife, and recreational values within
25 the river area, primary emphasis being given to protecting
26 agricultural, aesthetic, scenic, historic, archaeologic, and
27 scientific features.
28 2. Continuation of land uses and developments on
29 private lands within the river area which are in existence on
30 July 1, 2007 January 1, 1986.
31 3. Periodic studies to determine the quantity and
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
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1 mixture of recreation and other public uses which can be
2 permitted within the river area without adverse impact on the
3 resource values of the river area.
4 4. Regulation, control, and distribution of public
5 access where necessary to protect and enhance the resource
6 values of the river area.
7 5. Consideration of need for basic facilities to
8 absorb user impact on the river area, including necessary
9 toilet or refuse containers, but, if found to be necessary,
10 located in order to minimize their intrusive impact.
11 6. Restriction of motorized travel by land vehicle or
12 boat where necessary to protect the resource values in the
13 river area.
14 7. Agricultural and forestry practices similar in
15 nature to those in the river area on January 1, 1986.
16 8. Resource management practices within the river area
17 for the protection, conservation, rehabilitation, or
18 enhancement of river area resource values.
19 9. Monitoring of existing water quality.
20 10. Continuance of existing drainage and water
21 management practices within the river area, unless such
22 existing practices will adversely affect, degrade, or diminish
23 existing water quality or existing resource values in the
24 river area, and allowance of new water resource management
25 practices which will not have an adverse impact on resource
26 values in the river area.
27 11. Review and regulation of all activities conducted
28 or proposed to be conducted within the river area which will
29 or may have an adverse impact on any of the resource values in
30 the river area as provided in this section.
31 12. Review and regulation, by Charlotte County,
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 Manatee County, Sarasota County, and the City of North Port
2 under their respective authorities, of activities within the
3 wild and scenic protection zone; and subsequent prohibition,
4 or approval with or without conditions, of such activities in
5 order to minimize potential adverse physical and visual
6 impacts on resource values in the river area and to minimize
7 adverse impacts on private landowners' use of land for
8 residential purposes.
9 (d) To the extent not inconsistent with this section,
10 the proposed management plan may also include any other
11 provisions deemed by the department to be necessary or
12 advisable for the permanent protection of the river as a
13 component of the Florida Wild and Scenic Rivers System.
14 (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE
15 PLANS.--
16 (a) Charlotte County, Manatee County, Sarasota County,
17 and the City of North Port shall amend their comprehensive
18 plans so that the parts of such plans that affect the wild and
19 scenic protection zone conform to, or are more stringent than,
20 this section, the river management plan, and management
21 guidelines and performance standards to be developed and
22 contained within agreements to be adopted by the department,
23 the Department of Community Affairs, and the city and counties
24 county. The guidelines and performance standards must be used
25 by the department and the Department of Community Affairs to
26 review and monitor the regulation of activities by the city
27 and counties county in the wild and scenic protection zone.
28 Amendments to those comprehensive plans must include specific
29 policies and guidelines for minimizing adverse impacts on
30 resources in the river area and for managing the wild and
31 scenic protection zone in conformance with this section, the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 river management plan, and the agreement. Such comprehensive
2 plans must be amended within 1 year after the adoption date of
3 the agreement, and thereafter, within 6 months following an
4 amendment to this section, the river management plan, or the
5 agreement, as may be necessary. For the purposes established
6 in this subsection, such amendments need not conform to
7 statutory or local ordinance limitations on the frequency of
8 consideration of amendments to local comprehensive plans.
9 (b) Charlotte County, Manatee County, Sarasota County,
10 and the City of North Port shall adopt or amend, within 1 year
11 after the department and the Department of Community Affairs
12 adopt with the city and with the county agreements for
13 regulating activities in the wild and scenic protection zone,
14 any necessary ordinances and land development regulations so
15 that those ordinances and regulations conform to the purposes
16 of this section, the river management plan, and the agreement.
17 Thereafter, following any amendment to this section, the river
18 management plan, or the agreement, the city and counties
19 county must amend or adopt, within 1 year, appropriate
20 ordinances and land development regulations to maintain such
21 local ordinances and regulations in conformance with this
22 section, the river management plan, and the agreement. Those
23 ordinances and regulations must provide that activities within
24 the river area must be prohibited, or must undergo review and
25 either be denied or permitted with or without conditions, so
26 as to minimize potential adverse physical and visual impacts
27 on resource values in the river area and to minimize adverse
28 impacts on private landowners' use of land for residential
29 purposes. The resource values of concern are those identified
30 in this section and by the coordinating council in the river
31 management plan. Activities which may be prohibited, subject
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 to the agreement, include, but are not limited to, landfills,
2 clear cuttings, major new infrastructure facilities, major
3 activities that would alter historic water or flood flows,
4 multifamily residential construction, commercial and
5 industrial development, and mining and major excavations.
6 However, appurtenant structures for these activities may be
7 permitted if such structures do not have adverse visual or
8 measurable adverse environmental impacts to resource values in
9 the river area.
10 (c) If the Department of Community Affairs determines
11 that the local comprehensive plan or land development
12 regulations, as amended or supplemented by the local
13 government, are not in conformance with the purposes of this
14 section, the river management plan, and the agreement, the
15 Department of Community Affairs shall issue a notice of intent
16 to find the plan not in compliance and such plan shall be
17 subject to the administrative proceedings in accordance with
18 s. 163.3184.
19 (7) MANAGEMENT COORDINATING COUNCIL.--
20 (a) Upon designation, the department shall create a
21 permanent council to provide interagency and intergovernmental
22 coordination in the management of the river. The coordinating
23 council shall be composed of one representative appointed from
24 each of the following: the department, the Department of
25 Transportation, the Fish and Wildlife Conservation Commission,
26 the Department of Community Affairs, the Division of Forestry
27 of the Department of Agriculture and Consumer Services, the
28 Division of Historical Resources of the Department of State,
29 the Tampa Bay Regional Planning Council, the Southwest Florida
30 Water Management District, the Southwest Florida Regional
31 Planning Council, Manatee County, Sarasota County, Charlotte
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 County, the City of Sarasota, the City of North Port,
2 agricultural interests, environmental organizations, and any
3 others deemed advisable by the department.
4 (b) The coordinating council shall review and make
5 recommendations on all proposals for amendments or
6 modifications to this section and to the permanent management
7 plan, as well as on other matters which may be brought before
8 the council by the department, any local government, or any
9 member of the council, and shall render its nonbinding
10 advisory opinion to the Southwest Florida Water Management
11 District, the department, and affected local governments.
12 (c) The council may adopt bylaws to provide for
13 election of such officers as it deems necessary, removal of
14 officers for just cause, meetings, quorum, procedures, and
15 other such matters as its members may deem advisable in the
16 conduct of its business. Such bylaws shall be approved by the
17 department.
18 (d) Such professional staff as the coordinating
19 council may require shall be provided by the department.
20 (8) PRESERVATION OF EXISTING GOVERNMENTAL AUTHORITY.--
21 (a) Nothing contained in this section shall operate to
22 divest any agency, water management district, municipality,
23 county, or special district of any authority or jurisdiction
24 in existence on January 1, 1986.
25 (b) Notwithstanding paragraph (a), Charlotte County,
26 Manatee County, Sarasota County, and the City of North Port
27 must, in exercising their authority and jurisdiction over any
28 part of the wild and scenic protection zone, act in
29 conformance with this section, the management plan, and the
30 agreements entered into pursuant to this section.
31 (9) RULEMAKING AUTHORITY.--
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 (a) The department is authorized to adopt rules to
2 regulate activities within the river area which have adverse
3 impact on resource values as adopted by the coordinating
4 council within the river area.
5 (b) The department shall coordinate all activities
6 related to rule adoption and enforcement with the regulatory
7 and management programs of other agencies in order to avoid to
8 the maximum extent possible any conflicts or duplication
9 arising therefrom.
10 (c) The department and the Department of Community
11 Affairs must enter into agreements with the City of North
12 Port, Charlotte County, Manatee County, and Sarasota County
13 which that provide for guiding and monitoring the regulation
14 of activities within the river area by the city and counties
15 county, in accordance with subsection (6). Such agreements
16 shall include guidelines and performance standards for
17 regulating proposed activities so as to minimize adverse
18 environmental and visual impacts of such activities on the
19 resource values in the river area, and to minimize adverse
20 impacts to landowners' use of land for residential purposes.
21 (10) PERMITTING AUTHORITY.--
22 (a) No person or entity shall conduct any activity
23 within the river area which will or may have an adverse impact
24 on any resource value in the river area without first having
25 received a permit from the department.
26 (b) A permit may be granted only after a finding by
27 the department that the activity for which a permit has been
28 requested will not have an adverse impact on resource values
29 in the river area.
30 (c) The department may adopt an application fee
31 schedule providing for payment of reasonable fees to defray
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2346
Barcode 480298
1 the cost of processing applications.
2 (11) NOTIFICATION BY REGULATORY AGENCIES.--All state,
3 regional, and local regulatory agencies shall provide to the
4 department notification of applications received by the agency
5 for approval to conduct activities in the river area and
6 protection zone.
7 (12) LEGAL STATUS OF COMPREHENSIVE PLAN
8 AMENDMENTS.--It is the intent of this section that the city
9 and counties county amend their comprehensive plans, land
10 development regulations, and other appropriate ordinances and
11 regulations to be in conformance with this section, the river
12 management plan, and guidelines and performance standards to
13 be developed and adopted by agreement pursuant to this
14 section. Such amendments shall have legal status as provided
15 under s. 163.3194 and must be implemented through appropriate
16 local regulations in accordance with s. 163.3201.
17 (13) STANDING TO ENFORCE AMENDED COMPREHENSIVE
18 PLANS.--It is the intent of this section that any aggrieved or
19 adversely affected person may maintain an action for
20 injunction or other relief against the city or counties county
21 to prevent any such local government from taking action in
22 regulating activities not consistent with the comprehensive
23 plan, land development regulations, and other appropriate
24 ordinances and regulations, as amended, pursuant to this
25 section and s. 163.3215.
26 (14) PERMITTED ACTIVITIES.--
27 (a) Nothing in this section shall be construed to
28 prohibit or regulate any activity taking place outside the
29 river area and the wild and scenic protection zone for which
30 necessary permits and licenses are obtained as required by
31 other provisions of federal, state, or local law.
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 (b) Nothing in this section shall be construed to
2 prohibit or limit public utilities from improving,
3 maintaining, modifying, or expanding existing facilities or
4 constructing new facilities in the river area or the wild and
5 scenic protection zone, provided the necessary federal, state,
6 and local permits and licenses are obtained.
7 (15) PROHIBITED ACTIVITY.--Airboats are prohibited
8 from operating in the river area north of U.S. Highway 41
9 (State Road 45), except for uses officially allowed by
10 government agencies.
11 (16) ENFORCEMENT.--Officers of the department shall
12 have full authority to enforce any rule adopted by the
13 department under this section with the same police powers
14 given them by law to enforce the rules of state parks and the
15 rules pertaining to saltwater areas under the jurisdiction of
16 the Florida Marine Patrol.
17 (17) PENALTIES.--Violation of this section or of any
18 rule adopted under this section constitutes a misdemeanor of
19 the second degree, punishable as provided in s. 775.082 or s.
20 775.083. Continuing violation after notice constitutes a
21 separate violation for each day so continued.
22 Section 2. This act shall take effect July 1, 2007.
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