Senate Bill sb0374c1

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    Florida Senate - 2002                            CS for SB 374

    By the Committee on Governmental Oversight and Productivity;
    and Senator Brown-Waite




    302-1800-02

  1                      A bill to be entitled

  2         An act relating to water management; creating

  3         the Citrus/Hernando Waterways Restoration

  4         Council; providing for membership, powers, and

  5         duties; providing for separate county task

  6         forces; providing for a report to the

  7         Legislature; providing for an advisory group to

  8         the council; requiring the Southwest Florida

  9         Water Management District to act as lead entity

10         for the purpose of providing staff and

11         administrative support for the council;

12         providing for a Citrus/Hernando Waterways

13         restoration program; providing an effective

14         date.

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16         WHEREAS, the waterways of Citrus and Hernando Counties

17  are of historic, hydrological, and ecological significance,

18  and

19         WHEREAS, most of these Citrus/Hernando waterways are

20  Outstanding Florida Waterways or in the application process,

21  and

22         WHEREAS, the Citrus/Hernando waterways are plagued by

23  fluctuating water levels and sedimentation increasing nitrate

24  levels and sand movement causing blockage of natural springs

25  and excessive growth of aquatic plants, which are degrading

26  their water quality and recreational value, and

27         WHEREAS, despite their current problems, the

28  Citrus/Hernando waterways continue to provide wildlife habitat

29  for fish, birds, and game and offer recreational opportunities

30  for the residents of Citrus and Hernando Counties and visitors

31  to the area, and

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    Florida Senate - 2002                            CS for SB 374
    302-1800-02




  1         WHEREAS, the renewable economic potential of the

  2  Citrus/Hernando waterways is significant, and

  3         WHEREAS, the Southwest Florida Water Management

  4  District and the Fish and Wildlife Conservation Commission,

  5  along with other state, regional, and local entities, have

  6  developed proposals to restore portions of the Citrus/Hernando

  7  waterways, NOW, THEREFORE,

  8

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

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11         Section 1.  (1)  The Citrus/Hernando Waterways

12  Restoration Council.--There is created within the

13  Withlacoochee and Coastal Rivers Basin Boards of the Southwest

14  Florida Water Management District a council to be known as the

15  Citrus/Hernando Waterways Restoration Council. The council

16  shall be coordinated by representatives of the following

17  agencies:  the Florida Fish and Wildlife Conservation

18  Commission, the Department of Environmental Protection, and

19  the Southwest Florida Water Management District. The council

20  is subject to the provisions of chapters 119 and 120, Florida

21  Statutes.

22         (2)  Members of the council shall consist of twelve

23  voting members with six appointed by the President of the

24  Senate and six appointed by the Speaker of the House of

25  Representatives. The council shall consist of representatives

26  as follows:

27         a.  Waterfront property owners from each county,

28         b.  An attorney from each county,

29         c.  A member of the Board of Directors of the Chamber

30  of Commerce from each county,

31         d.  An environmental engineer from each county,

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    Florida Senate - 2002                            CS for SB 374
    302-1800-02




  1         e.  An engineer from each county, and

  2         f.  A person from each county with training in biology

  3  or another scientific discipline.

  4         (3)  The council members from each county are to form

  5  two separate county task forces from the council to review and

  6  make recommendations on specific waterways. The Hernando

  7  County Task Force shall develop plans for the restoration of

  8  the Weeki Wachee River and Springs. The Citrus County Task

  9  Force shall develop plans for the restoration of the

10  Tsala-Apopka Chain of Lakes.

11         (4)  There shall be a technical advisory group to the

12  council and the two county task forces which shall consist of

13  one representative each from the Southwest Florida Water

14  Management District, the Department of Environmental

15  Protection, the Department of Transportation, the Fish and

16  Wildlife Conservation Commission, the Coastal Rivers Basin

17  Board, the Withlacoochee River Basin Board, and the United

18  States Army Corps of Engineers, each of whom shall be

19  appointed by his or her respective agency, and each of whom,

20  with the exception of the representatives from the

21  Withlacoochee River Basin Board and Coastal Rivers Basin

22  Board, shall have had training in biology or another

23  scientific discipline.

24         (5)  Immediately after appointment, the council shall

25  meet and organize by electing a chair, a vice chair, and a

26  secretary, whose terms shall be for 2 years each. Council

27  officers shall not serve consecutive terms. Each council

28  member shall be a voting member. Additionally, the two county

29  task forces shall elect a chair and a secretary whose terms

30  shall be for 2 years each.

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    Florida Senate - 2002                            CS for SB 374
    302-1800-02




  1         (6)  The council or the county task forces shall meet

  2  at the call of its chair, at the request of six of its

  3  members, or at the request of the chair of the governing board

  4  of the Southwest Florida Water Management District.

  5         (7)  The council shall have the powers and duties to:

  6         (a)  Review audits and all data specifically related to

  7  lake and river restoration techniques and sport fish

  8  population recovery strategies, including data and strategies

  9  for shoreline restoration, sand and other sediment control and

10  removal, exotic species management, floating tussock

11  management or removal, navigation, water quality, and fish and

12  wildlife habitat improvement, particularly as they may apply

13  to the Citrus/Hernando waterways.

14         (b)  Evaluate whether additional studies are needed.

15         (c)  Explore all possible sources of funding to conduct

16  the restoration activities.

17         (d)  Report to the Speaker of the House of

18  Representatives and the President of the Senate before

19  November 25 of each year on the progress of the

20  Citrus/Hernando Waterways restoration program and any

21  recommendations for the next fiscal year.

22         (8)  The Southwest Florida Water Management District

23  shall act as lead entity for the purpose of providing staff

24  and administrative support to assist the council in carrying

25  out the provisions of this act.

26         (9)  Members of the council shall receive no

27  compensation for their services, but are entitled to be

28  reimbursed for per diem and travel expenses incurred during

29  execution of their official duties, as provided in s. 112.061,

30  Florida Statutes. State and federal agencies shall be

31  responsible for the per diem and travel expenses of their

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    Florida Senate - 2002                            CS for SB 374
    302-1800-02




  1  respective appointees to the council, and the Southwest

  2  Florida Water Management District shall be responsible for per

  3  diem and travel expenses of other appointees to the council.

  4         Section 2.  The Citrus/Hernando Waterways restoration

  5  program.--

  6         (1)  The Fish and Wildlife Conservation Commission and

  7  the Southwest Florida Water Management District, in

  8  conjunction with the Department of Environmental Protection,

  9  pertinent local governments, and the Citrus/Hernando Waterways

10  Restoration Council, shall review existing restoration

11  proposals to determine which ones are the most environmentally

12  sound and economically feasible methods of improving the fish

13  and wildlife habitat and natural systems of the

14  Citrus/Hernando waterways.

15         (2)  To initiate the Citrus/Hernando Waterways

16  restoration program recommended by the Citrus/Hernando

17  Waterways Restoration Council, the Fish and Wildlife

18  Conservation Commission, with assistance from the Southwest

19  Florida Water Management District and in consultation and by

20  agreement with the Department of Environmental Protection and

21  pertinent local governments, shall develop tasks to be

22  considered by those entities for the enhancement of fish and

23  wildlife habitat. These tasks shall include the following:

24         (a)  An evaluation of different methodologies for

25  removing the extensive tussocks and buildup of organic matter

26  along the shoreline and of the aquatic vegetation in the lake.

27         (b)  The conduct of any additional studies as required

28  by the Citrus/Hernando Waterways Restoration Council.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2002                            CS for SB 374
    302-1800-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 374

  3

  4  Removes requirement that Fish and Wildlife Conservation
    Commission be the lead agency. Adds that the Southwest Florida
  5  Water Management District is to be the lead entity for the
    purpose of providing staff to assist the Council. Suggests,
  6  rather than requires, the completion of certain tasks for the
    enhancement of fish and wildlife habitats. Removes sections of
  7  the bill that required the award of contracts to implement the
    restoration program, provided a $45,000 appropriation, and
  8  authorized restoration projects on the Tsala-Apopka Chain of
    Lakes and Weeki Wachee.
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