HB 4089

1
A bill to be entitled
2An act relating to soil and water conservation; repealing
3s. 582.01, F.S., relating to definitions; repealing s.
4582.055, F.S., relating to powers, duties, and rulemaking
5authority of the Department of Agriculture and Consumer
6Services regarding soil and water conservation; repealing
7s. 582.06, F.S., relating to the creation, powers and
8duties, meetings, procedures, recordkeeping, and
9compensation of members of the Soil and Water Conservation
10Council; repealing s. 582.08, F.S., relating to additional
11powers of the Department of Agriculture and Consumer
12Services regarding soil and water conservation districts
13and district supervisors; repealing s. 582.09, F.S.,
14relating to soil and water conservation district
15employees; repealing s. 582.10, F.S., relating to creation
16of soil and water conservation districts; repealing ss.
17582.11, 582.12, 582.13, and 582.14, F.S., relating to
18public hearings and referendum regarding creation of soil
19and water conservation districts; repealing s. 582.15,
20F.S., relating to organization of soil and water
21conservation districts; repealing ss. 582.16 and 582.17,
22F.S., relating to establishment, addition, and removal of
23soil and water conservation district territory; repealing
24s. 582.18, F.S., relating election of supervisors for soil
25and water conservation districts; repealing s. 582.19,
26F.S., relating to qualifications and tenure of soil and
27water conservation district supervisors; repealing s.
28582.20, F.S., relating to powers of soil and water
29conservation districts and district supervisors; repealing
30ss. 582.21, 582.22, and 582.23, F.S., relating to powers
31and duties of water conservation district supervisors
32regarding land use regulation and district operations;
33repealing ss. 582.24, 582.25, and 582.26, F.S., relating
34to boards of adjustment for soil and water conservation
35districts; repealing s. 582.28, F.S., relating to
36cooperation between soil and water conservation districts;
37repealing s. 582.29, F.S., relating to cooperation between
38state agencies and soil and water conservation districts;
39repealing ss. 582.30, 582.31, and 582.32, F.S., relating
40to discontinuance of soil and water conservation
41districts; repealing ss. 582.331, 582.34, and 582.39,
42F.S., relating to establishment of watershed improvement
43districts within soil and water conservation districts;
44repealing ss. 582.35, 582.36, and 582.37, F.S., relating
45to public hearings and referendum regarding determination
46of need for and creation of watershed improvement
47districts; repealing s. 582.38, F.S., relating to
48organization and taxing authority of watershed improvement
49districts; repealing s. 582.40, F.S., relating to
50watershed improvement district boundary and name changes;
51repealing ss. 582.41 and 582.42, F.S., relating to the
52board of directors, officers, agents, and employees of
53watershed improvement districts; repealing ss. 582.43 and
54582.44, F.S., relating to status and general powers of
55watershed improvement districts, including levy of taxes;
56repealing ss. 582.45 and 582.46, F.S., relating to fiscal
57powers of watershed improvement district governing bodies;
58repealing s. 582.47, F.S., relating to coordination
59between watershed improvement districts and flood control
60districts; repealing ss. 582.48 and 582.49, F.S., relating
61to discontinuance of watershed improvement districts;
62amending ss. 259.032, 259.036, 373.1391, 373.1401,
63373.591, 403.067, and 570.076, F.S.; conforming cross-
64references; providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Sections 582.01, 582.055, 582.06, 582.08,
69582.09, 582.10, 582.11, 582.12, 582.13, 582.14, 582.15, 582.16,
70582.17, 582.18, 582.19, 582.20, 582.21, 582.22, 582.23, 582.24,
71582.25, 582.26, 582.28, 582.29, 582.30, 582.31, 582.32, 582.331,
72582.34, 582.35, 582.36, 582.37, 582.38, 582.39, 582.40, 582.41,
73582.42, 582.43, 582.44, 582.45, 582.46, 582.47, 582.48, and
74582.49, Florida Statutes, are repealed.
75     Section 2.  Subsection (7), paragraphs (e) and (f) of
76subsection (9), and paragraph (b) of subsection (10) of section
77259.032, Florida Statutes, are amended to read:
78     259.032  Conservation and Recreation Lands Trust Fund;
79purpose.-
80     (7)  The board of trustees may enter into any contract
81necessary to accomplish the purposes of this section. The lead
82land managing agencies designated by the board of trustees also
83are directed by the Legislature to enter into contracts or
84interagency agreements with other governmental entities,
85including local soil and water conservation districts, or
86private land managers who have the expertise to perform specific
87management activities which a lead agency lacks, or which would
88cost more to provide in-house. Such activities shall include,
89but not be limited to, controlled burning, road and ditch
90maintenance, mowing, and wildlife assessments.
91     (9)  All lands managed under this chapter and s. 253.034
92shall be:
93     (e)  Concurrent with the approval of the acquisition
94contract pursuant to s. 259.041(3)(c) for any interest in lands
95except those lands being acquired under the provisions of s.
96259.1052, the board of trustees shall designate an agency or
97agencies to manage such lands. The board shall evaluate and
98amend, as appropriate, the management policy statement for the
99project as provided by s. 259.035, consistent with the purposes
100for which the lands are acquired. For any fee simple acquisition
101of a parcel which is or will be leased back for agricultural
102purposes, or any acquisition of a less-than-fee interest in land
103that is or will be used for agricultural purposes, the Board of
104Trustees of the Internal Improvement Trust Fund shall first
105consider having a soil and water conservation district, created
106pursuant to chapter 582, manage and monitor such interests.
107     (f)  State agencies designated to manage lands acquired
108under this chapter except those lands acquired under s. 259.1052
109may contract with local governments and soil and water
110conservation districts to assist in management activities,
111including the responsibility of being the lead land manager.
112Such land management contracts may include a provision for the
113transfer of management funding to the local government or soil
114and water conservation district from the Conservation and
115Recreation Lands Trust Fund in an amount adequate for the local
116government or soil and water conservation district to perform
117its contractual land management responsibilities and
118proportionate to its responsibilities, and which otherwise would
119have been expended by the state agency to manage the property.
120     (10)
121     (b)  Individual management plans required by s. 253.034(5),
122for parcels over 160 acres, shall be developed with input from
123an advisory group. Members of this advisory group shall include,
124at a minimum, representatives of the lead land managing agency,
125comanaging entities, local private property owners, the
126appropriate soil and water conservation district, a local
127conservation organization, and a local elected official. The
128advisory group shall conduct at least one public hearing within
129the county in which the parcel or project is located. For those
130parcels or projects that are within more than one county, at
131least one areawide public hearing shall be acceptable and the
132lead managing agency shall invite a local elected official from
133each county. The areawide public hearing shall be held in the
134county in which the core parcels are located. Notice of such
135public hearing shall be posted on the parcel or project
136designated for management, advertised in a paper of general
137circulation, and announced at a scheduled meeting of the local
138governing body before the actual public hearing. The management
139prospectus required pursuant to paragraph (9)(d) shall be
140available to the public for a period of 30 days prior to the
141public hearing.
142
143By July 1 of each year, each governmental agency and each
144private entity designated to manage lands shall report to the
145Secretary of Environmental Protection on the progress of
146funding, staffing, and resource management of every project for
147which the agency or entity is responsible.
148     Section 3.  Paragraph (a) of subsection (1) of section
149259.036, Florida Statutes, is amended to read:
150     259.036  Management review teams.-
151     (1)  To determine whether conservation, preservation, and
152recreation lands titled in the name of the Board of Trustees of
153the Internal Improvement Trust Fund are being managed for the
154purposes for which they were acquired and in accordance with a
155land management plan adopted pursuant to s. 259.032, the board
156of trustees, acting through the Department of Environmental
157Protection, shall cause periodic management reviews to be
158conducted as follows:
159     (a)  The department shall establish a regional land
160management review team composed of the following members:
161     1.  One individual who is from the county or local
162community in which the parcel or project is located and who is
163selected by the county commission in the county which is most
164impacted by the acquisition.
165     2.  One individual from the Division of Recreation and
166Parks of the department.
167     3.  One individual from the Division of Forestry of the
168Department of Agriculture and Consumer Services.
169     4.  One individual from the Fish and Wildlife Conservation
170Commission.
171     5.  One individual from the department's district office in
172which the parcel is located.
173     6.  A private land manager mutually agreeable to the state
174agency representatives.
175     7.  A member of the local soil and water conservation
176district board of supervisors.
177     7.8.  A member of a conservation organization.
178     Section 4.  Paragraph (d) of subsection (1) of section
179373.1391, Florida Statutes, is amended to read:
180     373.1391  Management of real property.-
181     (1)
182     (d)  For any fee simple acquisition of a parcel which is or
183will be leased back for agricultural purposes, or for any
184acquisition of a less-than-fee interest in lands that is or will
185be used for agricultural purposes, the district governing board
186shall first consider having a soil and water conservation
187district created pursuant to chapter 582 manage and monitor such
188interest.
189     Section 5.  Section 373.1401, Florida Statutes, is amended
190to read:
191     373.1401  Management of lands of water management
192districts.-In addition to provisions contained in s. 373.1391(1)
193for soil and water conservation districts, The governing board
194of each water management district may contract with a
195nongovernmental person or entity, any federal or state agency, a
196county, a municipality, or any other governmental entity, or
197environmental nonprofit organization to provide for the
198improvement, management, or maintenance of any real property
199owned by or under the control of the district.
200     Section 6.  Section (1) of section 373.591, Florida
201Statutes, is amended to read:
202     373.591  Management review teams.-
203     (1)  To determine whether conservation, preservation, and
204recreation lands titled in the names of the water management
205districts are being managed for the purposes for which they were
206acquired and in accordance with land management objectives, the
207water management districts shall establish land management
208review teams to conduct periodic management reviews. The land
209management review teams shall be composed of the following
210members:
211     (a)  One individual from the county or local community in
212which the parcel is located.
213     (b)  One employee of the water management district.
214     (c)  A private land manager mutually agreeable to the
215governmental agency representatives.
216     (d)  A member of the local soil and water conservation
217district board of supervisors.
218     (d)(e)  One individual from the Fish and Wildlife
219Conservation Commission.
220     (e)(f)  One individual from the Department of Environmental
221Protection.
222     (f)(g)  One individual representing a conservation
223organization.
224     (g)(h)  One individual from the Department of Agriculture
225and Consumer Services' Division of Forestry.
226     Section 7.  Subsection (1), paragraph (a) of subsection
227(3), paragraph (a) of subsection (6), and paragraph (a) of
228subsection (7) of section 403.067, Florida Statutes, are amended
229to read:
230     403.067  Establishment and implementation of total maximum
231daily loads.-
232     (1)  LEGISLATIVE FINDINGS AND INTENT.-In furtherance of
233public policy established in s. 403.021, the Legislature
234declares that the waters of the state are among its most basic
235resources and that the development of a total maximum daily load
236program for state waters as required by s. 303(d) of the Clean
237Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. will
238promote improvements in water quality throughout the state
239through the coordinated control of point and nonpoint sources of
240pollution. The Legislature finds that, while point and nonpoint
241sources of pollution have been managed through numerous
242programs, better coordination among these efforts and additional
243management measures may be needed in order to achieve the
244restoration of impaired water bodies. The scientifically based
245total maximum daily load program is necessary to fairly and
246equitably allocate pollution loads to both nonpoint and point
247sources. Implementation of the allocation shall include
248consideration of a cost-effective approach coordinated between
249contributing point and nonpoint sources of pollution for
250impaired water bodies or water body segments and may include the
251opportunity to implement the allocation through nonregulatory
252and incentive-based programs. The Legislature further declares
253that the Department of Environmental Protection shall be the
254lead agency in administering this program and shall coordinate
255with local governments, water management districts, the
256Department of Agriculture and Consumer Services, local soil and
257water conservation districts, environmental groups, regulated
258interests, other appropriate state agencies, and affected
259pollution sources in developing and executing the total maximum
260daily load program.
261     (3)  ASSESSMENT.-
262     (a)  Based on the priority ranking and schedule for a
263particular listed water body or water body segment, the
264department shall conduct a total maximum daily load assessment
265of the basin in which the water body or water body segment is
266located using the methodology developed pursuant to paragraph
267(b). In conducting this assessment, the department shall
268coordinate with the local water management district, the
269Department of Agriculture and Consumer Services, other
270appropriate state agencies, soil and water conservation
271districts, environmental groups, regulated interests, and other
272interested parties.
273     (6)  CALCULATION AND ALLOCATION.-
274     (a)  Calculation of total maximum daily load.
275     1.  Prior to developing a total maximum daily load
276calculation for each water body or water body segment on the
277list specified in subsection (4), the department shall
278coordinate with applicable local governments, water management
279districts, the Department of Agriculture and Consumer Services,
280other appropriate state agencies, local soil and water
281conservation districts, environmental groups, regulated
282interests, and affected pollution sources to determine the
283information required, accepted methods of data collection and
284analysis, and quality control/quality assurance requirements.
285The analysis may include mathematical water quality modeling
286using approved procedures and methods.
287     2.  The department shall develop total maximum daily load
288calculations for each water body or water body segment on the
289list described in subsection (4) according to the priority
290ranking and schedule unless the impairment of such waters is due
291solely to activities other than point and nonpoint sources of
292pollution. For waters determined to be impaired due solely to
293factors other than point and nonpoint sources of pollution, no
294total maximum daily load will be required. A total maximum daily
295load may be required for those waters that are impaired
296predominantly due to activities other than point and nonpoint
297sources. The total maximum daily load calculation shall
298establish the amount of a pollutant that a water body or water
299body segment may receive from all sources without exceeding
300water quality standards, and shall account for seasonal
301variations and include a margin of safety that takes into
302account any lack of knowledge concerning the relationship
303between effluent limitations and water quality. The total
304maximum daily load may be based on a pollutant load reduction
305goal developed by a water management district, provided that
306such pollutant load reduction goal is promulgated by the
307department in accordance with the procedural and substantive
308requirements of this subsection.
309     (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
310IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.-
311     (a)  Basin management action plans.-
312     1.  In developing and implementing the total maximum daily
313load for a water body, the department, or the department in
314conjunction with a water management district, may develop a
315basin management action plan that addresses some or all of the
316watersheds and basins tributary to the water body. Such a plan
317must integrate the appropriate management strategies available
318to the state through existing water quality protection programs
319to achieve the total maximum daily loads and may provide for
320phased implementation of these management strategies to promote
321timely, cost-effective actions as provided for in s. 403.151.
322The plan must establish a schedule for implementing the
323management strategies, establish a basis for evaluating the
324plan's effectiveness, and identify feasible funding strategies
325for implementing the plan's management strategies. The
326management strategies may include regional treatment systems or
327other public works, where appropriate, and, in the basin listed
328in subsection (10) for which a basin management action plan has
329been adopted, voluntary trading of water quality credits to
330achieve the needed pollutant load reductions.
331     2.  A basin management action plan must equitably allocate,
332pursuant to paragraph (6)(b), pollutant reductions to individual
333basins, as a whole to all basins, or to each identified point
334source or category of nonpoint sources, as appropriate. For
335nonpoint sources for which best management practices have been
336adopted, the initial requirement specified by the plan must be
337those practices developed pursuant to paragraph (c). Where
338appropriate, the plan may take into account the benefits of
339pollutant load reduction achieved by point or nonpoint sources
340that have implemented management strategies to reduce pollutant
341loads, including best management practices, prior to the
342development of the basin management action plan. The plan must
343also identify the mechanisms that will address potential future
344increases in pollutant loading.
345     3.  The basin management action planning process is
346intended to involve the broadest possible range of interested
347parties, with the objective of encouraging the greatest amount
348of cooperation and consensus possible. In developing a basin
349management action plan, the department shall assure that key
350stakeholders, including, but not limited to, applicable local
351governments, water management districts, the Department of
352Agriculture and Consumer Services, other appropriate state
353agencies, local soil and water conservation districts,
354environmental groups, regulated interests, and affected
355pollution sources, are invited to participate in the process.
356The department shall hold at least one public meeting in the
357vicinity of the watershed or basin to discuss and receive
358comments during the planning process and shall otherwise
359encourage public participation to the greatest practicable
360extent. Notice of the public meeting must be published in a
361newspaper of general circulation in each county in which the
362watershed or basin lies not less than 5 days nor more than 15
363days before the public meeting. A basin management action plan
364shall not supplant or otherwise alter any assessment made under
365subsection (3) or subsection (4) or any calculation or initial
366allocation.
367     4.  The department shall adopt all or any part of a basin
368management action plan and any amendment to such plan by
369secretarial order pursuant to chapter 120 to implement the
370provisions of this section.
371     5.  The basin management action plan must include
372milestones for implementation and water quality improvement, and
373an associated water quality monitoring component sufficient to
374evaluate whether reasonable progress in pollutant load
375reductions is being achieved over time. An assessment of
376progress toward these milestones shall be conducted every 5
377years, and revisions to the plan shall be made as appropriate.
378Revisions to the basin management action plan shall be made by
379the department in cooperation with basin stakeholders. Revisions
380to the management strategies required for nonpoint sources must
381follow the procedures set forth in subparagraph (c)4. Revised
382basin management action plans must be adopted pursuant to
383subparagraph 4.
384     6.  In accordance with procedures adopted by rule under
385paragraph (9)(c), basin management action plans may allow point
386or nonpoint sources that will achieve greater pollutant
387reductions than required by an adopted total maximum load or
388wasteload allocation to generate, register, and trade water
389quality credits for the excess reductions to enable other
390sources to achieve their allocation; however, the generation of
391water quality credits does not remove the obligation of a source
392or activity to meet applicable technology requirements or
393adopted best management practices. Such plans must allow trading
394between NPDES permittees, and trading that may or may not
395involve NPDES permittees, where the generation or use of the
396credits involve an entity or activity not subject to department
397water discharge permits whose owner voluntarily elects to obtain
398department authorization for the generation and sale of credits.
399     7.  The provisions of the department's rule relating to the
400equitable abatement of pollutants into surface waters shall not
401be applied to water bodies or water body segments for which a
402basin management plan that takes into account future new or
403expanded activities or discharges has been adopted under this
404section.
405     Section 8.  Subsections (3), (4), and (5) of section
406570.076, Florida Statutes, are amended to read:
407     570.076  Environmental Stewardship Certification Program.-
408The department may, by rule, establish the Environmental
409Stewardship Certification Program consistent with this section.
410A rule adopted under this section must be developed in
411consultation with state universities, agricultural
412organizations, and other interested parties.
413     (3)  The Soil and Water Conservation Council created by s.
414582.06 may develop and recommend to the department for adoption
415additional criteria for receipt of an agricultural certification
416which may include, but not be limited to:
417     (a)  Comprehensive management of all on-farm resources.
418     (b)  Promotion of environmental awareness and responsible
419resource stewardship in agricultural or urban communities.
420     (c)  Completion of a curriculum of study that is related to
421environmental issues and regulation.
422     (3)(4)  If needed, the department and the Institute of Food
423and Agricultural Sciences at the University of Florida may
424jointly develop a curriculum that provides instruction
425concerning environmental issues pertinent to agricultural
426certification and deliver such curriculum to, and certify its
427completion by, any person seeking certification or to maintain
428certification.
429     (4)(5)  The department may enter into agreements with
430third-party providers to administer or implement all or part of
431the program.
432     Section 9.  This act shall take effect July 1, 2011.


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