Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2346
                        Barcode 480298
                            CHAMBER ACTION
              Senate                               House
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       03/22/2007 04:09 PM         .                    
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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
16  
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, 2 2:58 PM 03/21/07 s2346b-ep13-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2346 Barcode 480298 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. 3 2:58 PM 03/21/07 s2346b-ep13-r3t
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 4 2:58 PM 03/21/07 s2346b-ep13-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2346 Barcode 480298 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, 5 2:58 PM 03/21/07 s2346b-ep13-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2346 Barcode 480298 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 6 2:58 PM 03/21/07 s2346b-ep13-r3t
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 7 2:58 PM 03/21/07 s2346b-ep13-r3t
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 8 2:58 PM 03/21/07 s2346b-ep13-r3t
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.-- 9 2:58 PM 03/21/07 s2346b-ep13-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2346 Barcode 480298 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 10 2:58 PM 03/21/07 s2346b-ep13-r3t
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. 11 2:58 PM 03/21/07 s2346b-ep13-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2346 Barcode 480298 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. 23 24 25 26 27 28 29 30 31 12 2:58 PM 03/21/07 s2346b-ep13-r3t