Florida Senate - 2021                             CS for SB 1482
       By the Committee on Appropriations; and Senators Garcia and
       576-04657-21                                          20211482c1
    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 without providing advanced
    8         waste treatment; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 163.11, Florida Statutes, is created to
   13  read:
   14         163.11Biscayne Bay Commission.—
   15         (1)The Biscayne Bay Commission is hereby established as an
   16  advisory council, as defined in s. 20.03, within the Department
   17  of Environmental Protection. The department shall provide
   18  administrative support and service to the commission as
   19  requested by the commission and within the available resources
   20  of the department. The commission shall comply with the
   21  requirements of s. 20.052 except as otherwise provided in this
   22  section.
   23         (2)The commission shall serve as the official coordinating
   24  clearinghouse for all public policy and projects related to
   25  Biscayne Bay to unite all governmental agencies, businesses, and
   26  residents in the area to speak with one voice on bay issues; to
   27  develop coordinated plans, priorities, programs, and projects
   28  that might substantially improve the bay area; and to act as the
   29  principal advocate and watchdog to ensure that bay projects are
   30  funded and implemented in a proper and timely manner.
   31         (3)(a)The Biscayne Bay Commission shall be comprised of
   32  the following members:
   33         1.One member appointed by the Governor.
   34         2.Three members of the Miami-Dade Board of County
   35  Commissioners, appointed by the board.
   36         3.One member of the Miami-Dade County League of Cities who
   37  resides within the boundaries of a city that borders Biscayne
   38  Bay, nominated by the league and appointed by the Secretary of
   39  Environmental Protection. To the extent practicable, the league
   40  must nominate a member from each city that borders Biscayne Bay
   41  on a rotating basis.
   42         4.One member of the South Florida Water Management
   43  District Governing Board who resides in Miami-Dade County,
   44  appointed by the board.
   45         5.One representative of the Department of Environmental
   46  Protection, appointed by the Secretary of Environmental
   47  Protection.
   48         6.One representative of the Fish and Wildlife Conservation
   49  Commission, appointed by the commission.
   50         7.One representative of the Florida Inland Navigation
   51  District, appointed by the district.
   52         (b)Members shall serve for a term of 4 years; however, for
   53  the purpose of providing staggered terms, the initial
   54  appointments of representatives of the South Florida Water
   55  Management District Governing Board, the Department of
   56  Environmental Protection, the Fish and Wildlife Conservation
   57  Commission, and the Florida Inland Navigation District shall be
   58  for a term of 2 years. A vacancy shall be filled for the
   59  remainder of the unexpired term in the same manner as the
   60  initial appointment. Notwithstanding s. 20.052, private citizen
   61  members of the commission are not required to be confirmed by
   62  the Senate.
   63         (c)All members shall be voting members.
   64         (d)Members of the commission shall serve without
   65  compensation and are not entitled to reimbursement for per diem
   66  and travel expenses pursuant to s. 112.061.
   67         (4)The commission may meet monthly, but shall meet at
   68  least quarterly.
   69         (5)The commission shall:
   70         (a)Consolidate existing plans, programs, and proposals,
   71  including the recommendations outlined in the June 2020 Biscayne
   72  Bay Task Force report, into a coordinated strategic plan for
   73  improvement of Biscayne Bay and the surrounding areas,
   74  addressing environmental, economic, social, recreational, and
   75  aesthetic issues. The commission shall monitor the progress on
   76  each element of such plan and shall revise the plan regularly.
   77         (b)Prepare a consolidated financial plan using the
   78  projected financial resources available from the different
   79  jurisdictional agencies. The commission shall monitor the
   80  progress on each element of such plan and revise the plan
   81  regularly.
   82         (c)Provide technical assistance and support as needed to
   83  help implement each element of the strategic and financial
   84  plans.
   85         (d)Work in consultation with the United States Department
   86  of the Interior.
   87         (e)Provide a forum for exchange of information.
   88         (f)Act as a clearinghouse for public information.
   89         (6)The commission may establish subcommittees as necessary
   90  to carry out its responsibilities.
   91         (7)The commission shall submit a semiannual report
   92  describing the accomplishments of the commission and each member
   93  agency, as well as the status of each pending task, to the Miami
   94  City Commission, the Miami-Dade County Board of County
   95  Commissioners, the Mayor of Miami, the Mayor of Miami-Dade
   96  County, the Governor, and the chair of the Miami-Dade County
   97  Legislative Delegation. The first report shall be submitted by
   98  January 15, 2022. The report shall also be made available on the
   99  Department of Environmental Protection’s website and Miami-Dade
  100  County’s website.
  101         (8)This act does not affect or supersede the regulatory
  102  authority of any governmental agency or any local government,
  103  and any responsibilities of any governmental entity relating to
  104  Biscayne Bay remain with the respective governmental entity.
  105         Section 2. Paragraph (c) of subsection (1) of section
  106  403.086, Florida Statutes, is amended to read:
  107         403.086 Sewage disposal facilities; advanced and secondary
  108  waste treatment.—
  109         (1)
  110         (c) Notwithstanding this chapter or chapter 373, sewage
  111  disposal facilities may not dispose of any wastes into Old Tampa
  112  Bay, Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph
  113  Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay,
  114  Roberts Bay, Lemon Bay, Charlotte Harbor Bay, Biscayne Bay, or,
  115  beginning July 1, 2025, Indian River Lagoon, or into any river,
  116  stream, channel, canal, bay, bayou, sound, or other water
  117  tributary thereto, without providing advanced waste treatment,
  118  as defined in subsection (4), approved by the department. This
  119  paragraph does not apply to facilities which were permitted by
  120  February 1, 1987, and which discharge secondary treated
  121  effluent, followed by water hyacinth treatment, to tributaries
  122  of tributaries of the named waters; or to facilities permitted
  123  to discharge to the nontidally influenced portions of the Peace
  124  River.
  125         Section 3. This act shall take effect upon becoming a law.