Florida Senate - 2011                                     SB 628
       
       
       
       By Senator Bennett
       
       
       
       
       21-00939-11                                            2011628__
    1                        A bill to be entitled                      
    2         An act relating to soil and water conservation;
    3         repealing s. 582.01, F.S., relating to definitions;
    4         repealing s. 582.055, F.S., relating to powers,
    5         duties, and rulemaking authority of the Department of
    6         Agriculture and Consumer Services regarding soil and
    7         water conservation; repealing s. 582.06, F.S.,
    8         relating to the creation, powers and duties, meetings,
    9         procedures, recordkeeping, and compensation of members
   10         of the Soil and Water Conservation Council; repealing
   11         s. 582.08, F.S., relating to additional powers of the
   12         Department of Agriculture and Consumer Services
   13         regarding soil and water conservation districts and
   14         district supervisors; repealing s. 582.09, F.S.,
   15         relating to soil and water conservation district
   16         employees; repealing s. 582.10, F.S., relating to
   17         creation of soil and water conservation districts;
   18         repealing ss. 582.11, 582.12, 582.13, and 582.14,
   19         F.S., relating to public hearings and referendum
   20         regarding creation of soil and water conservation
   21         districts; repealing s. 582.15, F.S., relating to
   22         organization of soil and water conservation districts;
   23         repealing ss. 582.16 and 582.17, F.S., relating to
   24         establishment, addition, and removal of soil and water
   25         conservation district territory; repealing s. 582.18,
   26         F.S., relating election of supervisors for soil and
   27         water conservation districts; repealing s. 582.19,
   28         F.S., relating to qualifications and tenure of soil
   29         and water conservation district supervisors; repealing
   30         s. 582.20, F.S., relating to powers of soil and water
   31         conservation districts and district supervisors;
   32         repealing ss. 582.21, 582.22, and 582.23, F.S.,
   33         relating to powers and duties of water conservation
   34         district supervisors regarding land use regulation and
   35         district operations; repealing ss. 582.24, 582.25, and
   36         582.26, F.S., relating to boards of adjustment for
   37         soil and water conservation districts; repealing s.
   38         582.28, F.S., relating to cooperation between soil and
   39         water conservation districts; repealing s. 582.29,
   40         F.S., relating to cooperation between state agencies
   41         and soil and water conservation districts; repealing
   42         ss. 582.30, 582.31, and 582.32, F.S., relating to
   43         discontinuance of soil and water conservation
   44         districts; repealing ss. 582.331, 582.34, and 582.39,
   45         F.S., relating to establishment of watershed
   46         improvement districts within soil and water
   47         conservation districts; repealing ss. 582.35, 582.36,
   48         and 582.37, F.S., relating to public hearings and
   49         referendum regarding determination of need for and
   50         creation of watershed improvement districts; repealing
   51         s. 582.38, F.S., relating to organization and taxing
   52         authority of watershed improvement districts;
   53         repealing s. 582.40, F.S., relating to watershed
   54         improvement district boundary and name changes;
   55         repealing ss. 582.41 and 582.42, F.S., relating to the
   56         board of directors, officers, agents, and employees of
   57         watershed improvement districts; repealing ss. 582.43
   58         and 582.44, F.S., relating to status and general
   59         powers of watershed improvement districts, including
   60         levy of taxes; repealing ss. 582.45 and 582.46, F.S.,
   61         relating to fiscal powers of watershed improvement
   62         district governing bodies; repealing s. 582.47, F.S.,
   63         relating to coordination between watershed improvement
   64         districts and flood control districts; repealing ss.
   65         582.48 and 582.49, F.S., relating to discontinuance of
   66         watershed improvement districts; amending ss. 259.032,
   67         259.036, 373.1391, 373.1401, 373.591, 403.067, and
   68         570.076, F.S.; conforming cross-references; providing
   69         an effective date.
   70  
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Sections 582.01, 582.055, 582.06, 582.08,
   74  582.09, 582.10, 582.11, 582.12, 582.13, 582.14, 582.15, 582.16,
   75  582.17, 582.18, 582.19, 582.20, 582.21, 582.22, 582.23, 582.24,
   76  582.25, 582.26, 582.28, 582.29, 582.30, 582.31, 582.32, 582.331,
   77  582.34, 582.35, 582.36, 582.37, 582.38, 582.39, 582.40, 582.41,
   78  582.42, 582.43, 582.44, 582.45, 582.46, 582.47, 582.48, and
   79  582.49, Florida Statutes, are repealed.
   80         Section 2. Subsection (7), paragraphs (e) and (f) of
   81  subsection (9), and paragraph (b) of subsection (10) of section
   82  259.032, Florida Statutes, are amended to read:
   83         259.032 Conservation and Recreation Lands Trust Fund;
   84  purpose.—
   85         (7) The board of trustees may enter into any contract
   86  necessary to accomplish the purposes of this section. The lead
   87  land managing agencies designated by the board of trustees also
   88  are directed by the Legislature to enter into contracts or
   89  interagency agreements with other governmental entities,
   90  including local soil and water conservation districts, or
   91  private land managers who have the expertise to perform specific
   92  management activities which a lead agency lacks, or which would
   93  cost more to provide in-house. Such activities shall include,
   94  but not be limited to, controlled burning, road and ditch
   95  maintenance, mowing, and wildlife assessments.
   96         (9) All lands managed under this chapter and s. 253.034
   97  shall be:
   98         (e) Concurrent with the approval of the acquisition
   99  contract pursuant to s. 259.041(3)(c) for any interest in lands
  100  except those lands being acquired under the provisions of s.
  101  259.1052, the board of trustees shall designate an agency or
  102  agencies to manage such lands. The board shall evaluate and
  103  amend, as appropriate, the management policy statement for the
  104  project as provided by s. 259.035, consistent with the purposes
  105  for which the lands are acquired. For any fee simple acquisition
  106  of a parcel which is or will be leased back for agricultural
  107  purposes, or any acquisition of a less-than-fee interest in land
  108  that is or will be used for agricultural purposes, the Board of
  109  Trustees of the Internal Improvement Trust Fund shall first
  110  consider having a soil and water conservation district, created
  111  pursuant to chapter 582, manage and monitor such interests.
  112         (f) State agencies designated to manage lands acquired
  113  under this chapter except those lands acquired under s. 259.1052
  114  may contract with local governments and soil and water
  115  conservation districts to assist in management activities,
  116  including the responsibility of being the lead land manager.
  117  Such land management contracts may include a provision for the
  118  transfer of management funding to the local government or soil
  119  and water conservation district from the Conservation and
  120  Recreation Lands Trust Fund in an amount adequate for the local
  121  government or soil and water conservation district to perform
  122  its contractual land management responsibilities and
  123  proportionate to its responsibilities, and which otherwise would
  124  have been expended by the state agency to manage the property.
  125         (10)
  126         (b) Individual management plans required by s. 253.034(5),
  127  for parcels over 160 acres, shall be developed with input from
  128  an advisory group. Members of this advisory group shall include,
  129  at a minimum, representatives of the lead land managing agency,
  130  comanaging entities, local private property owners, the
  131  appropriate soil and water conservation district, a local
  132  conservation organization, and a local elected official. The
  133  advisory group shall conduct at least one public hearing within
  134  the county in which the parcel or project is located. For those
  135  parcels or projects that are within more than one county, at
  136  least one areawide public hearing shall be acceptable and the
  137  lead managing agency shall invite a local elected official from
  138  each county. The areawide public hearing shall be held in the
  139  county in which the core parcels are located. Notice of such
  140  public hearing shall be posted on the parcel or project
  141  designated for management, advertised in a paper of general
  142  circulation, and announced at a scheduled meeting of the local
  143  governing body before the actual public hearing. The management
  144  prospectus required pursuant to paragraph (9)(d) shall be
  145  available to the public for a period of 30 days prior to the
  146  public hearing.
  147  
  148  By July 1 of each year, each governmental agency and each
  149  private entity designated to manage lands shall report to the
  150  Secretary of Environmental Protection on the progress of
  151  funding, staffing, and resource management of every project for
  152  which the agency or entity is responsible.
  153         Section 3. Paragraph (a) of subsection (1) of section
  154  259.036, Florida Statutes, is amended to read:
  155         259.036 Management review teams.—
  156         (1) To determine whether conservation, preservation, and
  157  recreation lands titled in the name of the Board of Trustees of
  158  the Internal Improvement Trust Fund are being managed for the
  159  purposes for which they were acquired and in accordance with a
  160  land management plan adopted pursuant to s. 259.032, the board
  161  of trustees, acting through the Department of Environmental
  162  Protection, shall cause periodic management reviews to be
  163  conducted as follows:
  164         (a) The department shall establish a regional land
  165  management review team composed of the following members:
  166         1. One individual who is from the county or local community
  167  in which the parcel or project is located and who is selected by
  168  the county commission in the county which is most impacted by
  169  the acquisition.
  170         2. One individual from the Division of Recreation and Parks
  171  of the department.
  172         3. One individual from the Division of Forestry of the
  173  Department of Agriculture and Consumer Services.
  174         4. One individual from the Fish and Wildlife Conservation
  175  Commission.
  176         5. One individual from the department’s district office in
  177  which the parcel is located.
  178         6. A private land manager mutually agreeable to the state
  179  agency representatives.
  180         7. A member of the local soil and water conservation
  181  district board of supervisors.
  182         7.8. A member of a conservation organization.
  183         Section 4. Paragraph (d) of subsection (1) of section
  184  373.1391, Florida Statutes, is amended to read:
  185         373.1391 Management of real property.—
  186         (1)
  187         (d) For any fee simple acquisition of a parcel which is or
  188  will be leased back for agricultural purposes, or for any
  189  acquisition of a less-than-fee interest in lands that is or will
  190  be used for agricultural purposes, the district governing board
  191  shall first consider having a soil and water conservation
  192  district created pursuant to chapter 582 manage and monitor such
  193  interest.
  194         Section 5. Section 373.1401, Florida Statutes, is amended
  195  to read:
  196         373.1401 Management of lands of water management
  197  districts.—In addition to provisions contained in s. 373.1391(1)
  198  for soil and water conservation districts, The governing board
  199  of each water management district may contract with a
  200  nongovernmental person or entity, any federal or state agency, a
  201  county, a municipality, or any other governmental entity, or
  202  environmental nonprofit organization to provide for the
  203  improvement, management, or maintenance of any real property
  204  owned by or under the control of the district.
  205         Section 6. Section (1) of section 373.591, Florida
  206  Statutes, is amended to read:
  207         373.591 Management review teams.—
  208         (1) To determine whether conservation, preservation, and
  209  recreation lands titled in the names of the water management
  210  districts are being managed for the purposes for which they were
  211  acquired and in accordance with land management objectives, the
  212  water management districts shall establish land management
  213  review teams to conduct periodic management reviews. The land
  214  management review teams shall be composed of the following
  215  members:
  216         (a) One individual from the county or local community in
  217  which the parcel is located.
  218         (b) One employee of the water management district.
  219         (c) A private land manager mutually agreeable to the
  220  governmental agency representatives.
  221         (d) A member of the local soil and water conservation
  222  district board of supervisors.
  223         (d)(e) One individual from the Fish and Wildlife
  224  Conservation Commission.
  225         (e)(f) One individual from the Department of Environmental
  226  Protection.
  227         (f)(g) One individual representing a conservation
  228  organization.
  229         (g)(h) One individual from the Department of Agriculture
  230  and Consumer Services’ Division of Forestry.
  231         Section 7. Subsection (1), paragraph (a) of subsection (3),
  232  paragraph (a) of subsection (6), and paragraph (a) of subsection
  233  (7) of section 403.067, Florida Statutes, are amended to read:
  234         403.067 Establishment and implementation of total maximum
  235  daily loads.—
  236         (1) LEGISLATIVE FINDINGS AND INTENT.—In furtherance of
  237  public policy established in s. 403.021, the Legislature
  238  declares that the waters of the state are among its most basic
  239  resources and that the development of a total maximum daily load
  240  program for state waters as required by s. 303(d) of the Clean
  241  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. will
  242  promote improvements in water quality throughout the state
  243  through the coordinated control of point and nonpoint sources of
  244  pollution. The Legislature finds that, while point and nonpoint
  245  sources of pollution have been managed through numerous
  246  programs, better coordination among these efforts and additional
  247  management measures may be needed in order to achieve the
  248  restoration of impaired water bodies. The scientifically based
  249  total maximum daily load program is necessary to fairly and
  250  equitably allocate pollution loads to both nonpoint and point
  251  sources. Implementation of the allocation shall include
  252  consideration of a cost-effective approach coordinated between
  253  contributing point and nonpoint sources of pollution for
  254  impaired water bodies or water body segments and may include the
  255  opportunity to implement the allocation through nonregulatory
  256  and incentive-based programs. The Legislature further declares
  257  that the Department of Environmental Protection shall be the
  258  lead agency in administering this program and shall coordinate
  259  with local governments, water management districts, the
  260  Department of Agriculture and Consumer Services, local soil and
  261  water conservation districts, environmental groups, regulated
  262  interests, other appropriate state agencies, and affected
  263  pollution sources in developing and executing the total maximum
  264  daily load program.
  265         (3) ASSESSMENT.—
  266         (a) Based on the priority ranking and schedule for a
  267  particular listed water body or water body segment, the
  268  department shall conduct a total maximum daily load assessment
  269  of the basin in which the water body or water body segment is
  270  located using the methodology developed pursuant to paragraph
  271  (b). In conducting this assessment, the department shall
  272  coordinate with the local water management district, the
  273  Department of Agriculture and Consumer Services, other
  274  appropriate state agencies, soil and water conservation
  275  districts, environmental groups, regulated interests, and other
  276  interested parties.
  277         (6) CALCULATION AND ALLOCATION.—
  278         (a) Calculation of total maximum daily load.
  279         1. Prior to developing a total maximum daily load
  280  calculation for each water body or water body segment on the
  281  list specified in subsection (4), the department shall
  282  coordinate with applicable local governments, water management
  283  districts, the Department of Agriculture and Consumer Services,
  284  other appropriate state agencies, local soil and water
  285  conservation districts, environmental groups, regulated
  286  interests, and affected pollution sources to determine the
  287  information required, accepted methods of data collection and
  288  analysis, and quality control/quality assurance requirements.
  289  The analysis may include mathematical water quality modeling
  290  using approved procedures and methods.
  291         2. The department shall develop total maximum daily load
  292  calculations for each water body or water body segment on the
  293  list described in subsection (4) according to the priority
  294  ranking and schedule unless the impairment of such waters is due
  295  solely to activities other than point and nonpoint sources of
  296  pollution. For waters determined to be impaired due solely to
  297  factors other than point and nonpoint sources of pollution, no
  298  total maximum daily load will be required. A total maximum daily
  299  load may be required for those waters that are impaired
  300  predominantly due to activities other than point and nonpoint
  301  sources. The total maximum daily load calculation shall
  302  establish the amount of a pollutant that a water body or water
  303  body segment may receive from all sources without exceeding
  304  water quality standards, and shall account for seasonal
  305  variations and include a margin of safety that takes into
  306  account any lack of knowledge concerning the relationship
  307  between effluent limitations and water quality. The total
  308  maximum daily load may be based on a pollutant load reduction
  309  goal developed by a water management district, provided that
  310  such pollutant load reduction goal is promulgated by the
  311  department in accordance with the procedural and substantive
  312  requirements of this subsection.
  313         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  314  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  315         (a) Basin management action plans.—
  316         1. In developing and implementing the total maximum daily
  317  load for a water body, the department, or the department in
  318  conjunction with a water management district, may develop a
  319  basin management action plan that addresses some or all of the
  320  watersheds and basins tributary to the water body. Such a plan
  321  must integrate the appropriate management strategies available
  322  to the state through existing water quality protection programs
  323  to achieve the total maximum daily loads and may provide for
  324  phased implementation of these management strategies to promote
  325  timely, cost-effective actions as provided for in s. 403.151.
  326  The plan must establish a schedule for implementing the
  327  management strategies, establish a basis for evaluating the
  328  plan’s effectiveness, and identify feasible funding strategies
  329  for implementing the plan’s management strategies. The
  330  management strategies may include regional treatment systems or
  331  other public works, where appropriate, and, in the basin listed
  332  in subsection (10) for which a basin management action plan has
  333  been adopted, voluntary trading of water quality credits to
  334  achieve the needed pollutant load reductions.
  335         2. A basin management action plan must equitably allocate,
  336  pursuant to paragraph (6)(b), pollutant reductions to individual
  337  basins, as a whole to all basins, or to each identified point
  338  source or category of nonpoint sources, as appropriate. For
  339  nonpoint sources for which best management practices have been
  340  adopted, the initial requirement specified by the plan must be
  341  those practices developed pursuant to paragraph (c). Where
  342  appropriate, the plan may take into account the benefits of
  343  pollutant load reduction achieved by point or nonpoint sources
  344  that have implemented management strategies to reduce pollutant
  345  loads, including best management practices, prior to the
  346  development of the basin management action plan. The plan must
  347  also identify the mechanisms that will address potential future
  348  increases in pollutant loading.
  349         3. The basin management action planning process is intended
  350  to involve the broadest possible range of interested parties,
  351  with the objective of encouraging the greatest amount of
  352  cooperation and consensus possible. In developing a basin
  353  management action plan, the department shall assure that key
  354  stakeholders, including, but not limited to, applicable local
  355  governments, water management districts, the Department of
  356  Agriculture and Consumer Services, other appropriate state
  357  agencies, local soil and water conservation districts,
  358  environmental groups, regulated interests, and affected
  359  pollution sources, are invited to participate in the process.
  360  The department shall hold at least one public meeting in the
  361  vicinity of the watershed or basin to discuss and receive
  362  comments during the planning process and shall otherwise
  363  encourage public participation to the greatest practicable
  364  extent. Notice of the public meeting must be published in a
  365  newspaper of general circulation in each county in which the
  366  watershed or basin lies not less than 5 days nor more than 15
  367  days before the public meeting. A basin management action plan
  368  shall not supplant or otherwise alter any assessment made under
  369  subsection (3) or subsection (4) or any calculation or initial
  370  allocation.
  371         4. The department shall adopt all or any part of a basin
  372  management action plan and any amendment to such plan by
  373  secretarial order pursuant to chapter 120 to implement the
  374  provisions of this section.
  375         5. The basin management action plan must include milestones
  376  for implementation and water quality improvement, and an
  377  associated water quality monitoring component sufficient to
  378  evaluate whether reasonable progress in pollutant load
  379  reductions is being achieved over time. An assessment of
  380  progress toward these milestones shall be conducted every 5
  381  years, and revisions to the plan shall be made as appropriate.
  382  Revisions to the basin management action plan shall be made by
  383  the department in cooperation with basin stakeholders. Revisions
  384  to the management strategies required for nonpoint sources must
  385  follow the procedures set forth in subparagraph (c)4. Revised
  386  basin management action plans must be adopted pursuant to
  387  subparagraph 4.
  388         6. In accordance with procedures adopted by rule under
  389  paragraph (9)(c), basin management action plans may allow point
  390  or nonpoint sources that will achieve greater pollutant
  391  reductions than required by an adopted total maximum load or
  392  wasteload allocation to generate, register, and trade water
  393  quality credits for the excess reductions to enable other
  394  sources to achieve their allocation; however, the generation of
  395  water quality credits does not remove the obligation of a source
  396  or activity to meet applicable technology requirements or
  397  adopted best management practices. Such plans must allow trading
  398  between NPDES permittees, and trading that may or may not
  399  involve NPDES permittees, where the generation or use of the
  400  credits involve an entity or activity not subject to department
  401  water discharge permits whose owner voluntarily elects to obtain
  402  department authorization for the generation and sale of credits.
  403         7. The provisions of the department’s rule relating to the
  404  equitable abatement of pollutants into surface waters shall not
  405  be applied to water bodies or water body segments for which a
  406  basin management plan that takes into account future new or
  407  expanded activities or discharges has been adopted under this
  408  section.
  409         Section 8. Subsections (3), (4), and (5) of section
  410  570.076, Florida Statutes, are amended to read:
  411         570.076 Environmental Stewardship Certification Program.
  412  The department may, by rule, establish the Environmental
  413  Stewardship Certification Program consistent with this section.
  414  A rule adopted under this section must be developed in
  415  consultation with state universities, agricultural
  416  organizations, and other interested parties.
  417         (3) The Soil and Water Conservation Council created by s.
  418  582.06 may develop and recommend to the department for adoption
  419  additional criteria for receipt of an agricultural certification
  420  which may include, but not be limited to:
  421         (a) Comprehensive management of all on-farm resources.
  422         (b) Promotion of environmental awareness and responsible
  423  resource stewardship in agricultural or urban communities.
  424         (c) Completion of a curriculum of study that is related to
  425  environmental issues and regulation.
  426         (3)(4) If needed, the department and the Institute of Food
  427  and Agricultural Sciences at the University of Florida may
  428  jointly develop a curriculum that provides instruction
  429  concerning environmental issues pertinent to agricultural
  430  certification and deliver such curriculum to, and certify its
  431  completion by, any person seeking certification or to maintain
  432  certification.
  433         (4)(5) The department may enter into agreements with third
  434  party providers to administer or implement all or part of the
  435  program.
  436         Section 9. This act shall take effect July 1, 2011.