Title: An act relating to state water policy
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 Material Information
Title: An act relating to state water policy
Alternate Title: Florida House of Representatives - 1995, HB 673. An act relating to state water policy; amending ss. 373.019 and 403.031, F.S.; modifying the definition of "state water policy" to require ratification of the policy, including certain rule amendments adopt
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 23 ( SF STATE WATER POLICY ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052868
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text














H B 673
Florida House of Representatives 1995
By Representatives Laurent, Hinton




"1" A bill to be entitled
2 An act relating to state water policy; amending
3 ss. 373.019 and 403.031, F.S.; modifying the
i *4 definition of "state water policy" to require
5 ratification of the policy, including certain
6 rule amendments adopted by the Environmental
..7 Regulation Commission, by the Legislature;
. .8 amending ss. 373.026 and 403.061, F.S.;
9 requiring legislative ratification of
10 amendments adopted after a specified date;
11 providing an effective date. -
12
13 Be It Enacted by the Legislature of the State of Florida:


"- -15 Section 1. Subsection (16) of section 373.019, Florida
16 Statutes, 1994 Supplement, is amended to read:
17 373.019 Definitions.--When appearing in this chapter
18 or in any rule, regulation, or order adopted pursuant thereto,
19 the following words shall, unless the context clearly
20 indicates otherwise, mean:
21 (16) "State water policy" means the comprehensive
22 statewide policy'as adopted'by the department and ratified by
23 the Legislature pursuant to ss. 373.026 and 403.061 setting
24 forth goals, objectives, and guidance for the development and
r-. 25 review of programs, rules, and plans relating to water
"26 resources. The waters of the state are among its most basic i
"27 resources. Such waters should be managed to conserve and

S.. ". 8 protect water resources and to realize the full beneficial use
.9 of these resources. The Land Use and Nater Planning task force

". .30 was established by chapter 93-206, Laws of Florida, to
31 formulate recommendations to the Legislature on the


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Florida House of Representatives 1995 HB 673 _--- ..
*. 103-140A-2-5





1 relationship between district water management plans, the
2 growth management portion of the state comprehensive plan,
3 regional policy plans, and local comprehensive plans. In order
4 to provide for consistency between growth management policy
5 and water management policy the task force shall make
6 recommendations to the 1995 Legislature on the mechanisms and
7 procedures for establishing and amending water policy. In an
8 attempt to consider these recommendations and receive the
9 benefit of a review by House and Senate natural resources
10 committees, the amendments to chapter 17-40, Florida
11 Administrative Code, adopted by the Environmental Regulation
12 Commission on December 1, 1993, shall not become effective
13 until ratified by the Legislature July-l;-1995.
14 Section 2. Subsection (10) of section 373.026, Florida
15 Statutes, 1994 Supplement, is amended to read:
16 373.026 Ceneral powers and duties of the dep..tment.--
17 The department, or its successor agency, shall be responsible
18 for the administration of this chapter at the state level.
19 However, it is the policy of the state that, to the greatest
20 extent possible, the department may enter into interagency or
21 interlocal agreements with any other state agency, any water
22 management district, or any local government conducting
23 programs related to or materially affecting the water
24 resources of the state. All such agreements shall be subject
25 to the provisions of s. 373.046. In addition to its other
26 powers and duties, the department shall, to the greatest
27 extent possible:
28 (10) Adopt by rule a state water policy, which shall ,--
29 provide goals, objectives, and guidance for the development
30 and review of programs, rules, and plans relating to water
31 resources. Any amendment to the state water policy adopted

2
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.- *r




















Florida House of Representatives 1995 HB 673
103-140A-2-5



I o. .
1 after June 30, 1993. shall not become effective until ratified
2 by the Legislature, This state water policy shall be
3 consistent with the State Comprehensive Plan and may include
4 such department rules as are specifically identified in the
5 policy.
6 Section 3. Subsection (14) of section 403.031, Florida
7 Statutes, 1994 Supplement, is amended to read:
8 403.031 Definitions.--In construing this chapter, or
9 rules and regulations adopted pursuant hereto, the following
10 words, phrases, or terms, unless the context otherwise
11 indicates, have the following meanings:
12 (14) "State water policy" means the comprehensive
13 statewide policy as adopted by the department and ratified by
14 the Legislature pursuant to ss. 373.026 and 403.061, setting
15 forth goals, objectives, and guidance for the development and
16 review of programs, rules, and plans relating to water
17 resources. The waters of the state are among its most basic
18 resources. Such waters shall be managed to conserve and
19 protect water resources and to realize the full beneficial use
20 of these resources. The Land Use and Hater Planning task force
21 was established by chapter 93-206, Laws of Florida, to
22 formulate recommendations to the Legislature on the
23 relationship between district water management plans, the
24 growth management portion of the state comprehensive plan,
"25 regional policy plans, and local comprehensive plans. In order
26 to provide for consistency between growth management policy
27 and water management policy the task force shall make.
28 recommendations to the 1995 Legislature on the mechanisms and
29 procedures for establishing and amending water policy. In an
"30 attempt to consider these recommendations and receive the

31 benefit of a review by House and Senate natural resource
3

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::Florida House of Representatives 1995 HB 673 '.
103-140A-2-5




1 committees, the amendments to chapter 17-40, Florida
2 Administrative Code, adopted by the Environmental Regulation
3 Commission on December 1, 1993, shall not become effective
4 until ratified by the Legislature July-14-1995.
5 Section 4. Subsection (33) of section 403.061, Florida
6 Statutes, 1994 Supplement, is amended to read:
7 403.061 Department; powers and duties.--The department
8 shall have the power and the duty to control and prohibit
9 pollution of air and water in accordance with the law and
10 rules adopted and promulgated by it and, for this purpose, to:
11 (33) Adopt by rule a state water policy, which shall
"12 provide goals, objectives, and guidance for the development
13 and review of programs, rules, and plans relating to water
14 resources. Any amendment to the state water policy adopted
15 after June 30. 1993. shall not become effective until ratified
16 by the Legislature. This state water policy shall be
17 consistent with the state comprehensive plan and may include
18 such department rules as are specifically identified in the
19 policy.
20 Section 5. This act shall take effect upon becoming a
21 law.
22
23 xRxx2xxxxxxxxxxxRxxxxxIxxxxxxxxxxxxxxxxx
24 HOUSE SUMMARY
25 Requires that the state water policy adopted by the .,
Department of Environmental Protection, and specified
26 rule amendments adopted by the Environmental Regulation .
Commission, be ratified by the Legislature. Provides
27 that amendments to the state water policy adopted after
S- June 30, 1993, shall not become effective until ratified -.
28 by the Legislature.
29
30
31


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Florida House of Representatives 1995 HB 673
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