HB 299

1	A bill to be entitled
2	An act relating to the Florida Springs Protection Act;
3	creating pt. IV of ch. 369, F.S., relating to springs
4	protection; creating s. 369.401, F.S.; providing a short
5	title; creating s. 369.403, F.S.; providing legislative
6	intent; creating s. 369.405, F.S.; creating the Florida
7	Springs Commission; providing for membership and the
8	appointment of certain members by the Governor and the
9	Legislature; authorizing reimbursement for per diem and
10	travel expenses; authorizing appointment of technical
11	subcommittees; directing state agencies and requesting
12	local governments to provide assistance to the commission;
13	requiring the Department of Environmental Protection and
14	water management districts to identify and assess certain
15	springs; providing requirements for such assessments;
16	requiring the commission to perform certain assessments
17	and recommend strategies for protecting and ensuring the
18	long-term viability of the state's springs; providing
19	requirements and procedures therefor; requiring a model
20	springs protection plan; providing a dissolution date for
21	the commission; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Part IV of chapter 369, Florida Statutes,
26	consisting of sections 369.401, 369.403, and 369.405, is created
27	to read:
28	PART IV
29	SPRINGS PROTECTION
30	369.401  Short title.--This part may be cited as the
31	"Florida Springs Protection Act."
32	369.403  Legislative findings and intent.--
33	(1)  The Legislature finds that, in general, Florida springs,
34	whether found in urban or rural settings, public parks, or private
35	lands, are threatened by actual and potential flow reductions and
36	declining water quality. As a result of climate patterns and
37	population changes over the past 30 years, many of Florida's
38	springs have begun to exhibit signs of distress, including
39	increasing nutrient loading and lowered discharge. The groundwater
40	that feeds springs is recharged by seepage from the surface and
41	surface runoff and through direct conduits such as sinkholes.
42	(2)  The Legislature further finds that springs and
43	groundwater once damaged by overuse can be restored through good
44	stewardship, including effective planning strategies and best
45	management practices to preserve and protect the springs. Land use
46	planning decisions can protect and improve spring water quality
47	and quantity, as well as upland resources. Managing land use types
48	and their allowable densities and intensities of development,
49	followed by specific site planning to further minimize impacts,
50	rank as important goals.
51	(3)  The Legislature further finds that development in
52	Florida will add to the pressure already affecting the surface and
53	ground water resources within each area that contribute to spring
54	flow.
55	(4)  The Legislature further finds a need to provide for land
56	use decisions that recognize protected property rights and ensure
57	the long-term viability of Florida's springs.
58	(5)  The Legislature further finds that cooperative,
59	coordinated efforts, such as the Suwannee River Partnership and
60	the Wekiva River Basin Coordinating Committee, implemented by
61	state and regional agencies, local governments, and affected
62	interests can best develop the mechanisms to protect Florida's
63	springs. It is therefore the intent of the Legislature to create
64	the Florida Springs Commission for the purpose of identifying
65	protection, restoration, and preservation strategies for Florida
66	springs.
67	369.405  Florida Springs Commission.--
68	(1)(a)  The Florida Springs Commission is hereby created and
69	shall include:
70	1.  The Commissioner of Agriculture, the secretaries of the
71	Department of Community Affairs, the Department of Environmental
72	Protection, the Department of Transportation, and the Department
73	of Health, the executive director of the Fish and Wildlife
74	Conservation Commission, a representative from a water management
75	district governing board, a representative from a regional
76	planning council, a representative from the Florida Chamber of
77	Commerce, a representative from the Florida Association of
78	Community Developers, a representative from the American Water
79	Works Association, and a representative from the Florida Home
80	Builders Association.
81	2.  Three members appointed by the Governor, consisting of:
82	a.  A member of an environmental organization.
83	b.  A property owner interested in springs protection.
84	c.  A member from the business community.
85	3.  Three members appointed by the President of the Senate,
86	consisting of:
87	a.  A member of the Senate.
88	b.  A locally elected county or municipal official.
89	c.  A member of a conservation organization.
90	4.  Three members appointed by the Speaker of the House of
91	Representatives, consisting of:
92	a.  A member of the House of Representatives.
93	b.  A locally elected county or municipal official.
94	c.  A member of the agricultural community.
95	(b)  The secretary of the Department of Environmental
96	Protection shall serve as chair of the commission.
97	(c)  Members of the commission shall serve without
98	compensation but shall be reimbursed for per diem and travel
99	expenses in accordance with s. 112.061.
100	(d)  The state and regional governmental commission members
101	may designate to represent their entity a senior staff person, who
102	shall have full voting authority.
103	(e)  The commission may appoint technical subcommittees as
104	needed to assist in the completion of the work of the commission,
105	and such technical subcommittees may include qualified persons not
106	on the commission.
107	(f)  All state agencies are directed, and all other
108	agencies and local governments are requested, to render
109	assistance to and cooperate with the commission.
110	(2)  The commission shall perform an assessment of the
111	existing conditions of all first and second magnitude springs.
112	To assist the commission, the Department of Environmental
113	Protection shall work with the water management districts to
114	identify and map all first and second magnitude springs within
115	each district. The department and districts shall cooperatively
116	perform an assessment and create a uniform geographic
117	information system standard for collecting and reporting springs
118	data. The assessment for each spring shall include, at a
119	minimum, the following information:
120	(a)  Current land owner.
121	(b)  Latitude and longitude.
122	(c)  Water quality, water quantity, and water use.
123	(d)  Wetlands.
124	(e)  Geology and soils.
125	(f)  Vegetation.
126	(g)  Floodplain area.
127	(h)  Infrastructure.
128	(i)  Fish and wildlife.
129	(j)  Cultural resources and archaeology.
130	(k)  Public access and use.
131	(l)  Land use.
132	(m)  Hazardous materials.
133	(n)  Public health and safety.
134	(o)  Aesthetics and scenic resources.
135	(p)  Socioeconomics.
136	(3)  The commission shall evaluate and recommend strategies
137	for protecting and ensuring the long-term viability of the
138	state's springs. In conducting this evaluation and developing
139	its recommendations, the commission shall consider:
140	(a)  The protection of property rights.
141	(b)  The effectiveness and application of current land use
142	strategies.
143	(c)  The development and application of innovative land use
144	planning strategies.
145	(d)  The effectiveness and sufficiency of existing
146	regulations.
147	(e)  The use of regional partnerships, best management
148	practices, and other incentive-based nonregulatory programs.
149	(4)  It is recognized that many springs protection policies
150	and programs have been developed or implemented through ongoing
151	efforts and that an evaluation of these policies and programs can
152	serve as a baseline and will greatly assist the commission in the
153	development of its recommendations. Therefore, in conducting its
154	evaluation and developing recommendations, the commission shall
155	consider relevant studies, springs protection initiatives, and
156	other information currently available for springs protection,
157	including:
158	(a)  The Suwannee River Partnership.
159	(b)  The Wekiva Basin Area Task Force.
160	(c)  The Wekiva River Basin Coordinating Committee.
161	(d)  The Florida Springs Initiative in the Department of
162	Environmental Protection.
163	(e)  The Florida Springs Task Force.
164	(f)  The use of basin management action plans developed by
165	the Department of Environmental Protection pursuant to the
166	implementation of the total maximum daily load program.
167	(5)  The commission shall develop an overall model springs
168	protection plan which applies its recommended strategies developed
169	pursuant to subsections (3) and (4). The model plan shall contain
170	components that can be used by state agencies, local governments,
171	and citizens for more detailed individual springs protection
172	plans. Each plan shall provide a 5-year strategy for the use and
173	management of the springs based on information from the
174	assessment. The model plan shall include, at a minimum, the
175	following components:
176	(a)  Analysis of environmental conditions.
177	(b)  Analysis of present use patterns.
178	(c)  Analysis of ability of the spring to support increased
179	public use.
180	(d)  Discussion of the economic potential of spring use by
181	the public.
182	(e)  Discussion of actions needed to promote increased public
183	use.
184	(f)  Discussion of infrastructure requirements.
185	(g)  Discussion of personnel requirements.
186	(h)  Discussion of security needs.
187	(i)  Discussion of limits on spring use to avoid permanent
188	detrimental impacts to the spring.
189	(j)  Discussion of strategy for leveraging resources for
190	springs protection.
191	(k)  Discussion of a long-term management partnership among
192	the state, regional, and local governments and citizens within the
193	area.
194	(6)  The commission may develop and recommend other
195	appropriate measures necessary to achieve springs protection.
196	(7)  In developing its recommendations, the commission shall
197	receive and consider public comment and shall otherwise maximize
198	public participation from all affected parties.
199	(8)  The commission shall expire July 1, 2011.
200	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.