Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for HB 1389
Barcode 168616
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/09/2012 11:13 PM .
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Senator Dean moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 12 and 13
4 insert:
5 Section 1. Present subsections (4) and (5) of section
6 373.042, Florida Statutes, are redesignated as subsections (5)
7 and (6), respectively, a new subsection (4) is added to that
8 section, and subsection (2) and present subsection (5) of that
9 section are amended, to read:
10 373.042 Minimum flows and levels.—
11 (2) By November 15, 1997, and annually thereafter, each
12 water management district shall submit to the department for
13 review and approval a priority list and schedule for the
14 establishment of minimum flows and levels for surface
15 watercourses, aquifers, and surface waters within the district.
16 The priority list and schedule shall also identify those listed
17 water bodies for which the district will voluntarily undertake
18 independent scientific peer review; any reservations proposed by
19 the district to be established pursuant to s. 373.223(4); and
20 those listed water bodies that have the potential to be affected
21 by withdrawals in an adjacent district for which department
22 adoption of a reservation pursuant to s. 373.223(4) or a minimum
23 flow or level pursuant to subsection (1) may be appropriate. By
24 March 1, 2006, and annually thereafter, each water management
25 district shall include its approved priority list and schedule
26 in the consolidated annual report required by s. 373.036(7). The
27 priority list shall be based upon the importance of the waters
28 to the state or region and the existence of or potential for
29 significant harm to the water resources or ecology of the state
30 or region, and shall include those waters which are experiencing
31 or may reasonably be expected to experience adverse impacts.
32 Each water management district’s priority list and schedule
33 shall include all first magnitude springs, and all second
34 magnitude springs within state or federally owned lands
35 purchased for conservation purposes. The specific schedule for
36 establishment of spring minimum flows and levels shall be
37 commensurate with the existing or potential threat to spring
38 flow from consumptive uses. Springs within the Suwannee River
39 Water Management District, or second magnitude springs in other
40 areas of the state, need not be included on the priority list if
41 the water management district submits a report to the Department
42 of Environmental Protection demonstrating that adverse impacts
43 are not now occurring nor are reasonably expected to occur from
44 consumptive uses during the next 20 years. The priority list and
45 schedule shall not be subject to any proceeding pursuant to
46 chapter 120. Except as provided in subsection (3), the
47 development of a priority list and compliance with the schedule
48 for the establishment of minimum flows and levels pursuant to
49 this subsection shall satisfy the requirements of subsection
50 (1).
51 (4) A water management district shall provide the
52 department with technical information and staff support for the
53 development of a reservation, minimum flow or level, or recovery
54 or prevention strategy to be adopted by rule by the department.
55 A reservation, minimum flow or level, or recovery or prevention
56 strategy adopted by rule by the department shall be applied by
57 the water management districts without adoption of such
58 reservation, minimum flow or level, or recovery or prevention
59 strategy by rule.
60 (6)(5) If a petition for administrative hearing is filed
61 under chapter 120 challenging the establishment of a minimum
62 flow or level, the report of an independent scientific peer
63 review conducted under subsection (5) (4) is admissible as
64 evidence in the final hearing, and the administrative law judge
65 must render the order within 120 days after the filing of the
66 petition. The time limit for rendering the order shall not be
67 extended except by agreement of all the parties. To the extent
68 that the parties agree to the findings of the peer review, they
69 may stipulate that those findings be incorporated as findings of
70 fact in the final order.
71 Section 2. Subsection (7) is added to section 373.046,
72 Florida Statutes, to read:
73 373.046 Interagency agreements.—
74 (7) If the geographic area of a resource management
75 activity, study, or project crosses water management district
76 boundaries, the affected districts may designate a single
77 affected district to conduct all or part of the applicable
78 resource management responsibilities under this chapter, with
79 the exception of those regulatory responsibilities that are
80 subject to subsection (6). If funding assistance is provided to
81 a resource management activity, study, or project, the district
82 providing the funding must ensure that some or all of the
83 benefits accrue to the funding district. This subsection does
84 not impair any interagency agreement in effect on July 1, 2012.
85 Section 3. Subsection (3) of section 373.709, Florida
86 Statutes, is amended to read:
87 373.709 Regional water supply planning.—
88 (3) The water supply development component of a regional
89 water supply plan which deals with or affects public utilities
90 and public water supply for those areas served by a regional
91 water supply authority and its member governments within the
92 boundary of the Southwest Florida Water Management District
93 shall be developed jointly by the authority and the applicable
94 water management district. In areas not served by regional water
95 supply authorities, or other multijurisdictional water supply
96 entities, and where opportunities exist to meet water supply
97 needs more efficiently through multijurisdictional projects
98 identified pursuant to paragraph (2)(a), water management
99 districts are directed to assist in developing
100 multijurisdictional approaches to water supply project
101 development jointly with affected water utilities, special
102 districts, and local governments.
103 Section 4. Subsection (5) is added to section 373.171,
104 Florida Statutes, to read:
105 373.171 Rules.—
106 (5) Cooperative funding programs are not subject to the
107 rulemaking requirements of chapter 120. However, any portion of
108 an approved program which affects the substantial interests of a
109 party is subject to s. 120.569.
110
111 ================= T I T L E A M E N D M E N T ================
112 And the title is amended as follows:
113 Delete line 3
114 and insert:
115 improvements; amending s. 373.042, F.S.; requiring
116 water management districts to include certain
117 reservations and water bodies in priority lists and
118 schedules; providing for the adoption of certain
119 reservations and minimum flows and levels by the
120 Department of Environmental Protection; requiring
121 water management districts to apply, without adopting
122 by rule, reservations, minimum flows and levels, and
123 recovery and prevention strategies adopted by the
124 department; amending s. 373.046, F.S.; authorizing
125 water management districts to enter into interagency
126 agreements for resource management activities under
127 specified conditions; providing applicability;
128 amending s. 373.709, F.S., relating to regional water
129 supply planning; removing a reference to the Southwest
130 Florida Water Management District; requiring a
131 regional water supply authority and the applicable
132 water management district to jointly develop the water
133 supply component of the regional water supply plan;
134 amending s. 373.171, F.S.; exempting cooperative
135 funding programs from certain rulemaking requirements;
136 creating s. 373.4591, F.S.; requiring a