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:
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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.
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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.
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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
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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.
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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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