Senate Bill sb2346

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    Florida Senate - 2007                                  SB 2346

    By Senator Bennett





    21-918-07

  1                      A bill to be entitled

  2         An act relating to the Myakka River; amending

  3         s. 258.501, F.S.; includes portions of the

  4         river that are in Manatee and Charlotte

  5         Counties in the river area that is designated

  6         as a Florida wild and scenic river; revises

  7         provisions to conform; providing an effective

  8         date.

  9  

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

11  

12         Section 1.  Section 258.501, Florida Statutes, is

13  amended to read:

14         258.501  Myakka River; wild and scenic river

15  designation segment.--

16         (1)  SHORT TITLE.--This section may be cited as the

17  "Myakka River Wild and Scenic Designation and Preservation

18  Act."

19         (2)  LEGISLATIVE DECLARATION.--The Legislature finds

20  and declares that a certain segment of the Myakka River in

21  Manatee, Sarasota, and Charlotte Counties possesses

22  outstandingly remarkable ecological, fish and wildlife, and

23  recreational values which are unique in the State of Florida.

24  These values give significance to the river as one which

25  should be permanently preserved and enhanced for the citizens

26  of the State of Florida, both present and future. The

27  permanent management and administration of the river involves

28  a complex interaction of state, regional, and local interests

29  which require balancing and coordination of purpose. It is the

30  intention of the Legislature to provide for the permanent

31  preservation of the designated segment of the Myakka River by

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 1  way of development of a plan for permanent administration by

 2  agencies of state and local government which will ensure the

 3  protection necessary but retain that degree of flexibility,

 4  responsiveness, and expertise which will accommodate all of

 5  the diverse interests involved in a manner best calculated to

 6  be in the public interest.

 7         (3)  DEFINITIONS.--As used in this section, the term:

 8         (a)  "Activity" means the doing of any act or the

 9  failing to do any act, whether by a natural person or a

10  corporation.

11         (b)  "Agreement" means the interagency operating

12  agreement between the department, the Department of Community

13  Affairs, and Charlotte County, Manatee County, Sarasota

14  County, or the City of North Port.

15         (c)  "Coordinating council" means the council created

16  by subsection (7).

17         (d)  "Department" means the Department of Environmental

18  Protection.

19         (e)  "Division" means the Division of Recreation and

20  Parks of the Department of Environmental Protection.

21         (f)  "Major infrastructure facility" means a manmade

22  structure which serves the common needs of the population,

23  such as a central sewage disposal system, potable water

24  system, potable water well serving a system, solid waste

25  disposal site or retention area, stormwater system, utility,

26  causeway, marina, bridge, or roadway.

27         (g)  "Person" means an individual, corporation,

28  governmental agency or institution thereof, business trust,

29  estate, trust, partnership, association, two or more persons

30  having a joint or common interest, or other legal entity.

31  

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 1         (h)  "Resource value" means any one or more of the

 2  specific economic, scenic, recreational, geologic, fish and

 3  wildlife, historic, cultural, or ecological features

 4  associated with the river area as determined by the

 5  coordinating council.

 6         (i)  "River area" means that corridor of land beneath

 7  and surrounding the navigable portion of the Myakka River from

 8  the beginning of the river mile 7.5 to the mouth of the river

 9  at Charlotte Harbor river mile 41.5, together with a corridor

10  including the maximum upland extent of wetlands vegetation as

11  determined by the former Department of Environmental

12  Regulation pursuant to chapter 403 and chapters 17-3 and

13  17-312, Florida Administrative Code.

14         (j)  "Wild and scenic protection zone" means an area

15  which extends 220 feet landward from the river area.

16         (4)  DESIGNATION OF WILD AND SCENIC RIVER.--

17         (a)  The corridor of land surrounding and beneath the

18  navigable portion of the Myakka River between the beginning of

19  the river mile 7.5 and the mouth of the river at Charlotte

20  Harbor river mile 41.5 is hereby designated as a Florida wild

21  and scenic river for the purposes of this section and is

22  subject to all of the provisions of this section. Such

23  designated portion is more particularly described as that

24  portion of the Myakka River located between State Road 780 in

25  Sarasota County and the Sarasota-Charlotte County line.

26         (b)  The governments of Charlotte County, Manatee

27  County, Sarasota County, and the City of North Port shall

28  manage the Myakka River wild and scenic protection zone under

29  their existing authorities for comprehensive planning, the

30  regulation of land development activities, and other necessary

31  or appropriate ordinances and in conformance with this

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 1  section, the management plan required under subsection (5),

 2  and the agreements adopted by the department and the

 3  Department of Community Affairs with the city and counties

 4  county pursuant to this section.

 5         (5)  DEVELOPMENT OF MANAGEMENT PLAN.--

 6         (a)  The department and the coordinating council shall

 7  jointly develop a proposed management plan for the designated

 8  segment of the Myakka River, subject to and consistent with

 9  the provisions of this section.

10         (b)  The development of the proposed management plan

11  shall be by public hearing and shall include participation by

12  all appropriate state agencies and by all appropriate or

13  interested local governments and private organizations.

14         (c)  The proposed management plan shall include

15  provision for:

16         1.  Permanent protection and enhancement of the

17  ecological, fish and wildlife, and recreational values within

18  the river area, primary emphasis being given to protecting

19  agricultural, aesthetic, scenic, historic, archaeologic, and

20  scientific features.

21         2.  Continuation of land uses and developments on

22  private lands within the river area which are in existence on

23  January 1, 1986.

24         3.  Periodic studies to determine the quantity and

25  mixture of recreation and other public uses which can be

26  permitted without adverse impact on the resource values of the

27  river area.

28         4.  Regulation, control, and distribution of public

29  access where necessary to protect and enhance the resource

30  values of the river area.

31  

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 1         5.  Consideration of need for basic facilities to

 2  absorb user impact on the river area, including necessary

 3  toilet or refuse containers, but, if found to be necessary,

 4  located in order to minimize their intrusive impact.

 5         6.  Restriction of motorized travel by land vehicle or

 6  boat where necessary to protect the resource values in the

 7  river area.

 8         7.  Agricultural and forestry practices similar in

 9  nature to those in the river area on January 1, 1986.

10         8.  Resource management practices for the protection,

11  conservation, rehabilitation, or enhancement of river area

12  resource values.

13         9.  Monitoring of existing water quality.

14         10.  Continuance of existing drainage and water

15  management practices, unless such existing practices will

16  adversely affect, degrade, or diminish existing water quality

17  or existing resource values in the river area, and allowance

18  of new water resource management practices which will not have

19  an adverse impact on resource values in the river area.

20         11.  Review and regulation of all activities conducted

21  or proposed to be conducted within the river area which will

22  or may have an adverse impact on any of the resource values in

23  the river area as provided in this section.

24         12.  Review and regulation, by Charlotte County,

25  Manatee County, Sarasota County, and the City of North Port

26  under their respective authorities, of activities within the

27  wild and scenic protection zone; and subsequent prohibition,

28  or approval with or without conditions, of such activities in

29  order to minimize potential adverse physical and visual

30  impacts on resource values in the river area and to minimize

31  

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 1  adverse impacts on private landowners' use of land for

 2  residential purposes.

 3         (d)  To the extent not inconsistent with this section,

 4  the proposed management plan may also include any other

 5  provisions deemed by the department to be necessary or

 6  advisable for the permanent protection of the river as a

 7  component of the Florida Wild and Scenic Rivers System.

 8         (6)  AMENDMENT OF REGULATIONS AND COMPREHENSIVE

 9  PLANS.--

10         (a)  Charlotte County, Manatee County, Sarasota County,

11  and the City of North Port shall amend their comprehensive

12  plans so that the parts of such plans that affect the wild and

13  scenic protection zone conform to, or are more stringent than,

14  this section, the river management plan, and management

15  guidelines and performance standards to be developed and

16  contained within agreements to be adopted by the department,

17  the Department of Community Affairs, and the city and counties

18  county. The guidelines and performance standards must be used

19  by the department and the Department of Community Affairs to

20  review and monitor the regulation of activities by the city

21  and counties county in the wild and scenic protection zone.

22  Amendments to those comprehensive plans must include specific

23  policies and guidelines for minimizing adverse impacts on

24  resources in the river area and for managing the wild and

25  scenic protection zone in conformance with this section, the

26  river management plan, and the agreement. Such comprehensive

27  plans must be amended within 1 year after the adoption date of

28  the agreement, and thereafter, within 6 months following an

29  amendment to this section, the river management plan, or the

30  agreement, as may be necessary.  For the purposes established

31  in this subsection, such amendments need not conform to

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 1  statutory or local ordinance limitations on the frequency of

 2  consideration of amendments to local comprehensive plans.

 3         (b)  Charlotte County, Manatee County, Sarasota County,

 4  and the City of North Port shall adopt or amend, within 1 year

 5  after the department and the Department of Community Affairs

 6  adopt with the city and with the county agreements for

 7  regulating activities in the wild and scenic protection zone,

 8  any necessary ordinances and land development regulations so

 9  that those ordinances and regulations conform to the purposes

10  of this section, the river management plan, and the agreement.

11  Thereafter, following any amendment to this section, the river

12  management plan, or the agreement, the city and counties

13  county must amend or adopt, within 1 year, appropriate

14  ordinances and land development regulations to maintain such

15  local ordinances and regulations in conformance with this

16  section, the river management plan, and the agreement.  Those

17  ordinances and regulations must provide that activities must

18  be prohibited, or must undergo review and either be denied or

19  permitted with or without conditions, so as to minimize

20  potential adverse physical and visual impacts on resource

21  values in the river area and to minimize adverse impacts on

22  private landowners' use of land for residential purposes.  The

23  resource values of concern are those identified in this

24  section and by the coordinating council in the river

25  management plan. Activities which may be prohibited, subject

26  to the agreement, include, but are not limited to, landfills,

27  clear cuttings, major new infrastructure facilities, major

28  activities that would alter historic water or flood flows,

29  multifamily residential construction, commercial and

30  industrial development, and mining and major excavations.

31  However, appurtenant structures for these activities may be

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 1  permitted if such structures do not have adverse visual or

 2  measurable adverse environmental impacts to resource values in

 3  the river area.

 4         (c)  If the Department of Community Affairs determines

 5  that the local comprehensive plan or land development

 6  regulations, as amended or supplemented by the local

 7  government, are not in conformance with the purposes of this

 8  section, the river management plan, and the agreement, the

 9  Department of Community Affairs shall issue a notice of intent

10  to find the plan not in compliance and such plan shall be

11  subject to the administrative proceedings in accordance with

12  s. 163.3184.

13         (7)  MANAGEMENT COORDINATING COUNCIL.--

14         (a)  Upon designation, the department shall create a

15  permanent council to provide interagency and intergovernmental

16  coordination in the management of the river. The coordinating

17  council shall be composed of one representative appointed from

18  each of the following: the department, the Department of

19  Transportation, the Fish and Wildlife Conservation Commission,

20  the Department of Community Affairs, the Division of Forestry

21  of the Department of Agriculture and Consumer Services, the

22  Division of Historical Resources of the Department of State,

23  the Tampa Bay Regional Planning Council, the Southwest Florida

24  Water Management District, the Southwest Florida Regional

25  Planning Council, Manatee County, Sarasota County, Charlotte

26  County, the City of Sarasota, the City of North Port,

27  agricultural interests, environmental organizations, and any

28  others deemed advisable by the department.

29         (b)  The coordinating council shall review and make

30  recommendations on all proposals for amendments or

31  modifications to this section and to the permanent management

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 1  plan, as well as on other matters which may be brought before

 2  the council by the department, any local government, or any

 3  member of the council, and shall render its nonbinding

 4  advisory opinion to the Southwest Florida Water Management

 5  District, the department, and affected local governments.

 6         (c)  The council may adopt bylaws to provide for

 7  election of such officers as it deems necessary, removal of

 8  officers for just cause, meetings, quorum, procedures, and

 9  other such matters as its members may deem advisable in the

10  conduct of its business. Such bylaws shall be approved by the

11  department.

12         (d)  Such professional staff as the coordinating

13  council may require shall be provided by the department.

14         (8)  PRESERVATION OF EXISTING GOVERNMENTAL AUTHORITY.--

15         (a)  Nothing contained in this section shall operate to

16  divest any agency, water management district, municipality,

17  county, or special district of any authority or jurisdiction

18  in existence on January 1, 1986.

19         (b)  Notwithstanding paragraph (a), Charlotte County,

20  Manatee County, Sarasota County, and the City of North Port

21  must, in exercising their authority and jurisdiction over any

22  part of the wild and scenic protection zone, act in

23  conformance with this section, the management plan, and the

24  agreements entered into pursuant to this section.

25         (9)  RULEMAKING AUTHORITY.--

26         (a)  The department is authorized to adopt rules to

27  regulate activities within the river area which have adverse

28  impact on resource values as adopted by the coordinating

29  council within the river area.

30         (b)  The department shall coordinate all activities

31  related to rule adoption and enforcement with the regulatory

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 1  and management programs of other agencies in order to avoid to

 2  the maximum extent possible any conflicts or duplication

 3  arising therefrom.

 4         (c)  The department and the Department of Community

 5  Affairs must enter into agreements with the City of North

 6  Port, Charlotte County, Manatee County, and Sarasota County

 7  which that provide for guiding and monitoring the regulation

 8  of activities by the city and counties county, in accordance

 9  with subsection (6).  Such agreements shall include guidelines

10  and performance standards for regulating proposed activities

11  so as to minimize adverse environmental and visual impacts of

12  such activities on the resource values in the river area, and

13  to minimize adverse impacts to landowners' use of land for

14  residential purposes.

15         (10)  PERMITTING AUTHORITY.--

16         (a)  No person or entity shall conduct any activity

17  within the river area which will or may have an adverse impact

18  on any resource value in the river area without first having

19  received a permit from the department.

20         (b)  A permit may be granted only after a finding by

21  the department that the activity for which a permit has been

22  requested will not have an adverse impact on resource values

23  in the river area.

24         (c)  The department may adopt an application fee

25  schedule providing for payment of reasonable fees to defray

26  the cost of processing applications.

27         (11)  NOTIFICATION BY REGULATORY AGENCIES.--All state,

28  regional, and local regulatory agencies shall provide to the

29  department notification of applications received by the agency

30  for approval to conduct activities in the river area and

31  protection zone.

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 1         (12)  LEGAL STATUS OF COMPREHENSIVE PLAN

 2  AMENDMENTS.--It is the intent of this section that the city

 3  and counties county amend their comprehensive plans, land

 4  development regulations, and other appropriate ordinances and

 5  regulations to be in conformance with this section, the river

 6  management plan, and guidelines and performance standards to

 7  be developed and adopted by agreement pursuant to this

 8  section.  Such amendments shall have legal status as provided

 9  under s. 163.3194 and must be implemented through appropriate

10  local regulations in accordance with s. 163.3201.

11         (13)  STANDING TO ENFORCE AMENDED COMPREHENSIVE

12  PLANS.--It is the intent of this section that any aggrieved or

13  adversely affected person may maintain an action for

14  injunction or other relief against the city or counties county

15  to prevent any such local government from taking action in

16  regulating activities not consistent with the comprehensive

17  plan, land development regulations, and other appropriate

18  ordinances and regulations, as amended, pursuant to this

19  section and s. 163.3215.

20         (14)  PERMITTED ACTIVITIES.--

21         (a)  Nothing in this section shall be construed to

22  prohibit or regulate any activity taking place outside the

23  river area and the wild and scenic protection zone for which

24  necessary permits and licenses are obtained as required by

25  other provisions of federal, state, or local law.

26         (b)  Nothing in this section shall be construed to

27  prohibit or limit public utilities from improving,

28  maintaining, modifying, or expanding existing facilities or

29  constructing new facilities in the river area or the wild and

30  scenic protection zone, provided the necessary federal, state,

31  and local permits and licenses are obtained.

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 1         (15)  PROHIBITED ACTIVITY.--Airboats are prohibited

 2  from operating in the river area north of U.S. Highway 41

 3  (State Road 45), except for uses officially allowed by

 4  government agencies.

 5         (16)  ENFORCEMENT.--Officers of the department shall

 6  have full authority to enforce any rule adopted by the

 7  department under this section with the same police powers

 8  given them by law to enforce the rules of state parks and the

 9  rules pertaining to saltwater areas under the jurisdiction of

10  the Florida Marine Patrol.

11         (17)  PENALTIES.--Violation of this section or of any

12  rule adopted under this section constitutes a misdemeanor of

13  the second degree, punishable as provided in s. 775.082 or s.

14  775.083.  Continuing violation after notice constitutes a

15  separate violation for each day so continued.

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

17  

18            *****************************************

19                          SENATE SUMMARY

20    Includes the navigable portions of the Myakka River, from
      the beginning in Manatee County to the mouth of the river
21    at Charlotte Harbor in Charlotte County, in the Florida
      wild and scenic river designation that was previously
22    designated for the portion of the river that is in
      Sarasota County. Conforms existing provisions of the
23    Myakka River Wild and Scenic Designation and Preservation
      Act to include the newly designated portions of the
24    river.

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