Florida Senate - 2009 SB 124 By Senator Constantine 22-00123-09 2009124__ 1 A bill to be entitled 2 An act relating to the restoration of Lake Jesup; 3 requiring the Department of Environmental Protection, 4 the St. Johns River Water Management District, the 5 Fish and Wildlife Conservation Commission, and the 6 City of Sanford to develop a plan concerning the 7 progress of the commission's project to restore 8 aquatic habitats in Lake Jesup; requiring the 9 commission to report to the Legislature concerning the 10 development of the plan; providing that the 11 acquisition of a site to dispose of muck from the 12 project is a conservation and restoration acquisition 13 under the Florida Forever program; encouraging state 14 agencies to help fund the removal of muck from Lake 15 Jesup; providing an effective date. 16 17 WHEREAS, the Legislature recognizes the importance of 18 improving water quality in surface waters having regional or 19 statewide significance, and 20 WHEREAS, Lake Jesup, a lake that fluctuates with the St. 21 Johns River system and encompasses between 9,150 acres at low 22 water and 13,034 acres at high water, is an important natural 23 resource of regional and statewide significance, an important 24 economic resource, and a habitat for resident and migratory fish 25 and waterfowl, and 26 WHEREAS, historically, Lake Jesup has been a primary 27 destination of sport fishers, a navigable waterway, and a 28 waterway capable of supporting commerce, travel, and recreation, 29 and 30 WHEREAS, endangered species, such as the manatee and bald 31 eagle, and species of special concern, such as the ibis, wood 32 stork, and sandhill crane, use this lake and basin as habitat, 33 and 34 WHEREAS, hundreds of thousands of visitors are drawn to the 35 area around Lake Jesup each year, and 36 WHEREAS, the water quality, fisheries, and other biological 37 communities of Lake Jesup have deteriorated, and 38 WHEREAS, various state, federal, and local governmental 39 agencies have been engaged in a coordinated and scientific 40 approach to the restoration of Lake Jesup for some years, and 41 WHEREAS, governmental agencies have purchased more than 42 8,500 acres around the lake for purposes that include 43 conservation and recreation as well as restoration of Lake 44 Jesup, and 45 WHEREAS, a mitigation project of the Department of 46 Transportation removed a 2-mile berm from Lake Jesup which 47 returned a substantial amount of navigability to the lake and 48 allowed an additional 300 acres of the lake's floodplain to 49 again help filter particulates from the lake and absorb the 50 lake's nutrient pollution while increasing the lake's ability to 51 store floodwater and provide valuable habitat for plants and 52 animals, and 53 WHEREAS, the Fish and Wildlife Conservation Commission has 54 embarked on a plan to restore aquatic habitat in the lake in 55 order to rehabilitate the lake's fishery resources, and a 56 significant component of that plan requires removal of the large 57 amount of muck that is now lying on the bottom of the lake and 58 that is more than 9 1/2 feet thick in some areas, and 59 WHEREAS, while significant progress has been made toward 60 restoring Lake Jesup by the governmental agencies involved in 61 this restoration project, the progress of the project is stymied 62 by challenges associated with obtaining necessary permits for 63 the muck-removal phase of the restoration, and 64 WHEREAS, a parcel of land that the City of Sanford has used 65 as a sprayfield for effluent from its wastewater treatment plant 66 may be highly suitable as a muck-disposal site, NOW, THEREFORE, 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. The Department of Environmental Protection, the 71 St. Johns River Water Management District, the Fish and Wildlife 72 Conservation Commission, and the City of Sanford shall 73 diligently work to develop a plan to allow the removal of muck 74 from Lake Jesup in Seminole County to proceed, which is 75 contemplated by a Fish and Wildlife Conservation Commission 76 project to help restore the aquatic habitat in the lake. The 77 commission shall report to the Legislature concerning the 78 group's progress toward this goal on October 1, 2009, and on the 79 first day of each third month thereafter until any site needed 80 for the disposal of muck has received all necessary state 81 permits or it is determined that muck removal can proceed 82 without a site for the disposal of the muck. The acquisition of 83 a muck-disposal site is a conservation and restoration 84 acquisition under the Florida Forever program created in s. 85 259.105, Florida Statutes, the goal of which is to improve and 86 sustain the ecological integrity of Lake Jesup. Each state 87 agency is encouraged to expend funds to assist in the removal of 88 muck from the bottom of Lake Jesup. 89 Section 2. This act shall take effect July 1, 2009.