Florida Senate - 2021                                    SB 1482
       By Senator Garcia
       37-01395-21                                           20211482__
    1                        A bill to be entitled                      
    2         An act relating to Biscayne Bay; creating s. 163.11,
    3         F.S.; establishing the Biscayne Bay Commission;
    4         providing for commission purpose, membership, duties,
    5         and authority; amending s. 403.086, F.S.; prohibiting
    6         sewage disposal facilities from disposing of any
    7         wastes into Biscayne Bay; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 163.11, Florida Statutes, is created to
   12  read:
   13         163.11Biscayne Bay Commission.—
   14         (1)(a)The Biscayne Bay Commission is hereby established as
   15  the official coordinating clearinghouse for all public policy
   16  and projects related to Biscayne Bay to unite all governmental
   17  agencies, businesses, and residents in the area to speak with
   18  one voice on bay issues; to develop coordinated plans,
   19  priorities, programs, projects, and budgets that might
   20  substantially improve the bay area; and to act as the principal
   21  advocate and watchdog to ensure that bay projects are funded and
   22  implemented in a proper and timely manner. The commission shall
   23  comply with the requirements of s. 20.052 except as otherwise
   24  provided in this section.
   25         (b)The commission may seek and receive funding to further
   26  its coordinating authority or functions regarding bay
   27  improvement projects of the commission. This act does not affect
   28  or supersede the regulatory authority of any governmental agency
   29  or any local government, and any responsibilities of any
   30  governmental entity relating to Biscayne Bay remain with the
   31  respective governmental entity. However, the commission may
   32  accept any specifically defined coordinating authority or
   33  functions delegated to the commission by any governmental entity
   34  through a memorandum of understanding or other legal instrument.
   35  The commission shall use powers of persuasion to achieve its
   36  objectives through the process of building a consensus work plan
   37  and through widespread publication of regular progress reports.
   38         (2)The Biscayne Bay Commission shall consist of:
   39         (a)A policy committee comprised of three members of the
   40  Miami-Dade Board of County Commissioners; three members of the
   41  Miami-Dade County League of Cities; one member of the South
   42  Florida Water Management District Governing Board who resides in
   43  Miami-Dade County; one representative of the Department of
   44  Environmental Protection; one representative of the Fish and
   45  Wildlife Conservation Commission; one representative of the
   46  Florida Inland Navigation District; and one representative of
   47  the United States Department of the Interior. All members shall
   48  be voting members. The policy committee may meet monthly, but
   49  shall meet at least quarterly.
   50         (b)A chief officer, who shall be authorized to represent
   51  the commission and to implement all policies, plans, and
   52  programs of the commission. The chief officer shall advise the
   53  Miami-Dade County Mayor and act as a liaison with county
   54  departments, county boards, external agencies, stakeholder
   55  groups, and local, state, and federal governments.
   56         (c)A working group consisting of all governmental agencies
   57  that have jurisdiction in the Biscayne Bay area, as well as
   58  representatives from business and civic associations.
   59         (3)The policy committee shall have the following powers
   60  and duties:
   61         (a)Consolidate existing plans, programs, and proposals,
   62  including the recommendations outlined in the June 2020 Biscayne
   63  Bay Task Force report, into a coordinated strategic plan for
   64  improvement of Biscayne Bay and the surrounding areas,
   65  addressing environmental, economic, social, recreational, and
   66  aesthetic issues. The committee shall monitor the progress on
   67  each element of such plan and shall revise the plan regularly.
   68         (b)Prepare an integrated financial plan using the
   69  different jurisdictional agencies available for projected
   70  financial resources. The committee shall monitor the progress on
   71  each element of such plan and revise the plan regularly.
   72         (c)Provide technical assistance and political support as
   73  needed to help implement each element of the strategic and
   74  financial plans.
   75         (d)Accept any specifically defined coordinating authority
   76  or function delegated to the committee by any level of
   77  government through a memorandum of understanding or other legal
   78  instrument.
   79         (e)Publicize a semiannual report describing
   80  accomplishments of the commission and each member agency, as
   81  well as the status of each pending task. The committee shall
   82  distribute the report to the Miami City Commission, the Miami
   83  Dade County Board of County Commissioners, the Mayor of Miami,
   84  the Mayor of Miami-Dade County, the Governor, the chair of the
   85  Miami-Dade County Legislative Delegation, stakeholders, and the
   86  local media.
   87         (f)Seek grants from public and private sources and receive
   88  grant funds to provide for the enhancement of its coordinating
   89  authority and functions and activities and administer contracts
   90  that achieve these goals.
   91         (g)Provide a forum for the exchange of information and
   92  facilitate the resolution of conflicts.
   93         (h)Act as a clearinghouse for public information and
   94  conduct public education programs.
   95         (i)Establish the Biscayne Bay working group, appoint
   96  members to the group, and organize subcommittees, delegate
   97  tasks, and seek counsel from members of the working group as
   98  necessary to carry out the powers and duties listed in this
   99  subsection.
  100         (j)Elect officers and adopt rules of procedure as
  101  necessary to carry out the powers and duties listed in this
  102  subsection and solicit appointing authorities to name
  103  replacements for policy committee members who do not participate
  104  on a regular basis.
  105         (k)Hire the commission’s chief officer and employ any
  106  additional staff necessary to assist the chief officer.
  107         Section 2. Paragraph (c) of subsection (1) of section
  108  403.086, Florida Statutes, is amended to read:
  109         403.086 Sewage disposal facilities; advanced and secondary
  110  waste treatment.—
  111         (1)
  112         (c) Notwithstanding this chapter or chapter 373, sewage
  113  disposal facilities may not dispose of any wastes into Old Tampa
  114  Bay, Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph
  115  Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay,
  116  Roberts Bay, Lemon Bay, Charlotte Harbor Bay, Biscayne Bay, or,
  117  beginning July 1, 2025, Indian River Lagoon, or into any river,
  118  stream, channel, canal, bay, bayou, sound, or other water
  119  tributary thereto, without providing advanced waste treatment,
  120  as defined in subsection (4), approved by the department. This
  121  paragraph does not apply to facilities which were permitted by
  122  February 1, 1987, and which discharge secondary treated
  123  effluent, followed by water hyacinth treatment, to tributaries
  124  of tributaries of the named waters; or to facilities permitted
  125  to discharge to the nontidally influenced portions of the Peace
  126  River.
  127         Section 3. This act shall take effect upon becoming a law.