Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 560
       
       
       
       
       
       
                                Barcode 737610                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/07/2011           .                                
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       The Committee on Environmental Preservation and Conservation
       (Dean) recommended the following:
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) is added to section 373.046,
    6  Florida Statutes, to read:
    7         373.046 Interagency agreements.—
    8         (7) If the geographic area of a resource management
    9  activity, study, or project crosses water management district
   10  boundaries, the affected districts may designate a single
   11  affected district to conduct all or part of the applicable
   12  resource management responsibilities under this chapter, with
   13  the exception of those regulatory responsibilities that are
   14  subject to subsection (6). If funding assistance is provided to
   15  a resource management activity, study, or project, the district
   16  providing the funding must ensure that some or all the benefits
   17  accrue to the funding district. This subsection may not impair
   18  any interagency agreement in effect on July 1, 2012.
   19         Section 2. Subsection (6) is added to section 373.223,
   20  Florida Statutes, to read:
   21         373.223 Conditions for a permit.—
   22         (6) In determining the effect of a proposed consumptive use
   23  of water on the water resources of an adjoining district, the
   24  governing board shall apply, without adopting by rule, the
   25  reservations, minimum flows and levels, and recovery or
   26  prevention strategies adopted by rule by the adjoining district.
   27  The governing board may not authorize a consumptive use of water
   28  which violates any reservation adopted pursuant to subsection
   29  (4) or any minimum flow or level adopted pursuant to ss. 373.042
   30  and 373.0421, unless such permit is issued in accordance with
   31  the recovery or prevention strategy adopted by rule by the
   32  adjoining district. The district may grant a variance from the
   33  recovery or prevention strategy if the applicant identifies an
   34  alternative strategy to assist with the recovery of or the
   35  prevention of harm to a water body. Any rule applied pursuant to
   36  this subsection which is challenged under s. 120.56 or s.
   37  120.569 shall be defended by the district that adopted the rule.
   38  This subsection does not apply to and may not be considered for
   39  any permit issued before July 1, 2012, including a review of a
   40  compliance report submitted pursuant to s. 373.236, or a permit
   41  modification requested by the permittee unless the permittee
   42  requests an increase in permitted quantities or a transfer of
   43  permitted quantities to a new or existing source.
   44         Section 3. Section 373.605, Florida Statues, is amended to
   45  read:
   46         373.605 Group insurance for water management districts.—
   47         (1) The governing board of a any water management district
   48  may is hereby authorized and empowered to provide group
   49  insurance for its employees in the same manner and with the same
   50  provisions and limitations authorized for other public employees
   51  by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
   52         (2) The governing board of a water management district may
   53  provide group insurance for its employees and the employees of
   54  another water management district in the same manner and with
   55  the same provisions and limitations authorized for other public
   56  employees by ss. 112.08, 112.09, 112.10, 112.11, and 112.14.
   57         (2) Any and all insurance agreements in effect as of
   58  October 1, 1974, which conform to the provisions of this section
   59  are hereby ratified.
   60         Section 4. Subsection (3) of section 373.709, Florida
   61  Statutes, is amended to read:
   62         373.709 Regional water supply planning.—
   63         (3) The water supply development component of a regional
   64  water supply plan which deals with or affects public utilities
   65  and public water supply for those areas served by a regional
   66  water supply authority and its member governments within the
   67  boundary of the Southwest Florida Water Management District
   68  shall be developed jointly by the authority and the applicable
   69  water management district. In areas not served by regional water
   70  supply authorities, or other multijurisdictional water supply
   71  entities, and where opportunities exist to meet water supply
   72  needs more efficiently through multijurisdictional projects
   73  identified pursuant to paragraph (2)(a), water management
   74  districts are directed to assist in developing
   75  multijurisdictional approaches to water supply project
   76  development jointly with affected water utilities, special
   77  districts, and local governments.
   78         Section 5. Subsection (5) is added to section 373.171,
   79  Florida Statutes, to read:
   80         373.171 Rules.—
   81         (5) Cooperative funding programs are not subject to the
   82  rulemaking requirements of chapter 120. However, any portion of
   83  an approved program which affects the substantial interests of a
   84  party is subject to s. 120.569.
   85         Section 6. This act shall take effect July 2012.
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88         And the title is amended as follows:
   89         Delete everything before the enacting clause
   90  and insert:
   91                        A bill to be entitled                      
   92         An act relating to water management districts;
   93         amending s. 373.046, F.S.; authorizing a district to
   94         designate another single affected district to conduct
   95         resource management responsibilities under an
   96         interagency agreement; requiring that the district
   97         providing funding assistance for an activity, study,
   98         or project receive some or all of the benefits;
   99         amending s. 373.223, F.S.; requiring districts to
  100         apply specific reservations, minimum flows and levels,
  101         and recovery and prevention strategies in determining
  102         certain effects of proposed consumptive uses of water;
  103         providing an exception; providing requirements for the
  104         challenge of specified rules; providing for
  105         applicability; amending s. 373.605, F.S.; authorizing
  106         a district to provide group health insurance for the
  107         employees of another district; removing obsolete
  108         provisions; amending s. 373.709, F.S., relating to
  109         regional water supply planning; removing a reference
  110         to the Southwest Florida Water Management District;
  111         requiring a regional water supply authority and the
  112         applicable water management district to jointly
  113         develop the water supply component of the regional
  114         water supply plan; amending s. 373.171, F.S.;
  115         exempting cooperative funding programs from certain
  116         rulemaking requirements; providing an effective date.