Title: A Bill to be Entitled, An Act Relating to Stormwater
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Permanent Link: http://ufdc.ufl.edu/WL00000939/00001
 Material Information
Title: A Bill to be Entitled, An Act Relating to Stormwater
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: A Bill to be Entitled, An Act Relating to Stormwater
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 38
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000939
Volume ID: VID00001
Source Institution: Levin College of Law, 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
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1 A Bill to be Entitled,
2 An Act relating to stormwater
3
4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 403.031, Florida Statutes, is amended by adding
7 new subsections (13), (14), (15), and (16) to read:
8 403.031 Definitions.--in construing this chapter or rules and
9 regulations adopted pursuant hereto, the following words, phrases, or
10 terms, unless the context otherwise indicates, have the following
11 meanings:
12 (13) "Watershed" is a large area of land which contributes to the
13 flow of water into a receiving body of water.
14 (14) "Drainage basin" is a smaller subdivision of a watershed.
15 (15) "Stormwater," or "stormwater runoff" is the water that flows
16 from the surface of the land, caused by and occurring immediately
17 after, rainfall.
18 (16) "Stormwater management" is all effective measures used to
19 control stormwater runoff to prevent or reduce flooding and water
20 pollution.
21 (17) "Stormwater management program" is the institutional
22 description which sets out the strategy for urban and agricultural
23 stormwater management.
24 (18) "Stormwater management system" is the structural,
25 non-structural, or natural features of a property or watershed which
26 collect, convey, store, absorb, inhibit, or otherwise affect the
27 movement of urban and agricultural stormwater. Such features are
28 designed to provide protection from flooding and to improve water
29 quality.
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1 (19) "Stormwater Utility" is the providing of stormwater
2 management systems as a typical utility which is regularly billed to
3 households and businesses similar to water and wastewater services.
4 Section 2. Section 403.061, Florida Statutes, is amended by
5 adding a new subsection (31) to read:
6 403.061 Department; powers and duties.--The Department shall
7 have the power and the duty to control and prohibit pollution of air
8 and water in accordance with the law and rules and regulations
9 adopted and promulgated by it and, for this purpose, to:
10 (31) Act as the lead agency for, and adopt, amend and repeal rules
11 governing stormwater within the state and to delegate any of its
12 stormwater management programs to any water management district
13 it determines has the technical and financial ability to conduct such
14 programs. Section 3. Section 403.0891, Florida Statutes, is
15 amended to read:
16 403.0891 Aoeeeeomen*-e-stermwater--management--systems;
17 State, regional, and local stormwater management plans and
18 programs.-- The Department, the water management districts, and
19 local governments shall have the responsibility for the development
20 of mutually compatible stormwater management programs.
21 (1) The department shall establish statewide and, where
22 appropriate, watershed or drainage basin goals for the proper
23 management of stormwater.
24 (2) Each water management district to which the state's
25 stormwater management program is delegated shall establish district
26 wide and. where appropriate, watershed or drainage basin stormwater
27 management goals which are consistent with
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1 the goals adopted by the state and with plans adopted pursuant to
2 s.373.451-373.4595, the Surface Water Improvement and Management
3 Act.
4 (3Xa) Each local government in the state shall build upon the local
5 government comprehensive plans developed pursuant to Ch. 163 to
6 develop a program for the proper management of stormwater within
7 its jurisdiction. The programs shall be consistent with the local
8 government comprehensive plan, and with plans developed by the
9 water management district pursuant to subsection (2) of this section
10 and subsections 373.451-373.4595, the Surface Water Improvement
11 and Management Act. Local programs shall have as equal goals the
12 Improvement of water quality, and the minimization of flooding, and
13 shall include a complete review of local codes and ordinances to
14 ensure that requirements for such activities as grading, paving, and
15 construction of curbs and gutters are consistent with these goals.
16 (b) Water management districts, or in areas where the water
17 management districts have not been delegated the stormwater
18 program pursuant to s. 403.0894, the department, shall review local
19 programs and shall prepare comments and recommendations to the
20 local government.
21 (c) Each local government shall consider the comments of the
22 water management district or the department before it adopts its
23 local stormwater management program. The program shall include a
24 section which contains the department or water management district
25 comments and recommendations, and if a recommendation was not
26 adopted by the local government, a statement as to why not.
27 (4) Each water management district shall identify and map, with
28 assistance from the Florida Department of
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Transportation and local governments, stormwater systems
constructed, operated, or maintained by the Department of
Transportation within its boundaries. The districts, working closely
with local governments and the Department of Transportation, shall
prepare a plan and where appropriate a schedule to incorporate the
Department of Transportation systems into a local stormwater
management program and to plan for transfer of all responsibility for
the system to the appropriate local government within five years
from the effective date of this act. Where appropriate, such systems
shall be designated as works of the water management district and
shall be operated in a manner that is consistent with district rules.
(5) (-)-The department, in coordination and cooperation with water
management districts and local governments shall conduct a
continuing review of the effects and costs of peFfor-rm-aen-aoeesemnt
ef--the-impaets-of-ex4sti4g stormwater and stormwater management
systems faegliiee-on water quality. rand-the eeUt4ate4-ooe-ef
treatmeRt. The department and the water management districts
shall use the assessment for planning purposes and to establish
priorities for ehai4--e-usee-t-to.- abie -a-pwior4g-ati"-ef
watersheds and exiting stormwater management systems which
require better management and treatment of stormwater, with
emphasis on the costs and benefits of needed improvements to
stormwater management systems to better meet needs for flood
protection and protection of water quality -a.d-ehall-epeofy
applieableper4erFmno-e-standan e.
(6) (2)-The results of the review shall be maintained by the
department and the water management districts and shall




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1 be provided to the Legislature or other parties on request. The
2 results also shall be used in the development of the goals developed
3 pursuant to Subsections (1) and (2) of this section stetrwater
4 aesessment-sheWalbe-pFreetedn-a-eor4m -to-.ube-um ted-to-the
5 Speaker-of-the. Hu efo-RepFein tatives-af4-the-Prees leIt-f- the
6 Senate4y-nRe-lter-than Ma r-hr44-87.
7 Section 4. Section 403.0893, Florida Statutes, is amended to read:
8 403.0893 Stormwater funding utility; dedicated funds for
9 stormwater management.-- In addition to any other funding
10 mechanism legally available to local government to plan, construct,
11 operate, or maintain stormwater systems, a county or municipality
12 may:
13 (1) Create one or more stormwater utilities and adopt a
14 stormwater utility fees sufficient to plan, construct, operate and
15 maintain stormwater management systems called for in the local
16 plan required pursuant to s. 403.0891(3), or
17 (2) Establish and set aside as a continuing source of revenue,
18 other county or municipal funds sufficient to plan, construct, operate
19 and maintain stormwater management systems called for in the local
20 plan required pursuant to s. 403.0891(3Xc), or
21 (3) Create, alone or in cooperation with adjacent counties
22 pursuant to the Intergovernmental Cooperation Act, s. 163.01, F.S.,
23 one or more a stormwater management system faeeiity-benefit areas
24 for urban or agricultural uses. All property owners within said area
25 may be assessed a pep-ereege fee to fund the planning, construction,
26 operation, and maintenance and- adm~nitratF of a public
27 stormwater management system for faeiity--whioh- ee vee- the
28 benefitted area. Any fe.ility-
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1 benefit area containing different land uses which receive
2 substantially different levels of stormwater benefits shall contain
3 stormwater management system faeli.ty-benefit subareas which shall
4 be assessed different per aereage fees from subarea to subarea
5 based upon a reasonable relationship to benefits received. The fees
6 shall be calculated so as to generate sufficient funds to plan,
7 construct, operate and maintain stormwater management systems
8 called for in the local program required pursuant to s. 403.0891(3).
9 Section 5. Section 403.0894, Florida Statutes, is created to read:
10 403.0894 Delegation of stormwater programs to water
11 management districts.-- Each water management district may apply
12 to the department for authority to administer state stormwater
13 management programs within its boundaries.
14 (1) The department shall adopt rules setting forth application
15 procedures and standards for districts which administer the state
16 stormwater program. Upon receipt of a complete application, the
17 department shall review it and shall act upon the application within
18 90 days. It may delegate the stormwater management program to
19 any water management district it determines has the financial and
20 technical capability to administer the program and which agrees to
21 adhere to the provisions of this section and rules of the department.
22 (2) Water management districts which are granted delegation shall
23 administer the programs in accordance with rules and standards
24 adopted by the department. However, a water management district
25 may adopt different rules and standards to meet local or regional
26 needs if such rules and standards are submitted to and approved by
27 the department.
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1 (3) Where a water management district administers the state
2 stormwater management program, the department shall not require
3 permits for dredge and fill activities TO BE
4 REVISED that are required to connect a
5 stormwater management facility to waters and that are incidental to
6 the construction of sIch facilities. For the purposes of dredge and
7 fill, "waters" do not include those contained within a man-made
8 stormwater management system that is designed solely for
9 stormwater treatment and conveyance and that is regulated by the
10 department or a water management district to which the state
11 stormwater management program has been delegated.
12 (4) Any delegation by the department entered into pursuant to s.
13 403.812(1), F.S. before the effective date of this act and all rules of
14 water management districts adopted pursuant to such delegation
15 shall be amended within one year after the effective date of this act
16 to conform to the provisions of this section.
17 Section 6. Section 403.0895, Florida Statutes, is created to read:
18 403.0895 Water management districts; delegation to counties and
19 to cities.-- A county or a city may apply to the water management
20 district for authority to administer and enforce the state stormwater
21 management program within its boundaries.
22 (1) A water management district to which the state stormwater
23 management program has been delegated in all or a part of its area
24 may delegate administration and enforcement of such stormwater
25 authority to counties or cities which comply with section 403.0893, if
26 the district determines the
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1 county or city has the financial and technical capability to conduct
2 such administration and enforcement.
3 (2) Counties or cities shall apply for and shall administer and
4 enforce the state stormwater management program only in
5 accordance with district or department rules, including rules
6 governing permitting of stormwater management systems.
7 (3) The water management district shall periodically review the
8 adequacy of administration for any county or city to which the state
9 stormwater management program has been delegated, and shall
10 withdraw such delegation if it determines the program is not being
11 Implemented in accordance with the rules of the district and the
12 department. Thereafter, the district shall administer the stormwater
13 program in that county or city in lieu of the county or city. However,
14 no rescission shall become effective until after a hearing in
15 accordance with Ch. 120, if requested by the county or city within 14
16 days after the notice of withdrawal. A local government may reapply
17 for delegation.
18 Section 7. Section 403.0896 is created to read:
19 403.0896 Training and assistance for stormwater management
20 system personnel.-- The State University System, working in
21 cooperation with the community colleges in the state, the
22 department, and the water management districts shall develop
23 training and assistance programs for persons responsible for
24 designing, building, inspecting, or operating and maintaining
25 stormwater management systems. After July 1, 19XX no such
26 person shall design, construct, inspect, operate or maintain a new or
27 redeveloped stormwater management system who has not completed
28 the training program.
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Section 8. Subsection (1) of Section 403.812, Florida Statutes, is
repealed and Subsection (2) is amended and Subsection (2) and (3) are
renumbered to read:
403.812 Delegation of water quality functions to water
management districts.--
(*-Xa--he- epartment-may eglate-tetheee-wate-management
dietr4ote-4hat-4-f4i~ i -te-be-fnanoiaN an-teahnidaly apable-of
m plmentghodlegaterite-pwer-and-dutioe-peFating-t o-4he
ad migetrat~,of-ko4t-'ReguleHen-f-Stormw.atr-Rtee2- '
(b-When-theeteFmwatef-f4leF ~4r -egatoe-t -water--maagement
ditr4okt-thu-deprmet-4iiehil4t-requra-perFmt-fF-dr4ede-and-4i
aeoti4vit4e-tat-aFe-requiFed-4ep-the-eenneeaen--of--toermwater
management-afeeoitlee6-to-wetor-eaA4-that--are- 4nidente-to--the
seRnetuot4eR-n--eueh-fao4~iti4o -Fes-t4h-pupeese-of-dredge-and-f41
Fegwotatio '-4e ater~ -do-4nolude.hoee-aentaWed-withgat4fioieaIy
eensauoted-ater.mweter-rea-tme nt-aen-eenveyanee-syetemf-that-eare
deeignedeoely--f4eF-the-puFpeee.of-etormwter-treatment-andthat-ae
regulated-by-tkhedepaktent-or-a-water- mnagemet-diert-to-w ioh
the-i.rpenoibity- f-ietepnmwvter-PegIuateio.ha been-deegated.
(o)-Withi---r-eathek-folowing Juy-1-.1r-86,-the-oSuth-- 4Fide
Water-Management-ietpiot-she"-adopt-poerformanoeiter4kOrl
Feviewof-thegroundwateF-deheage-of-
eaermwate;-r-4eUpeoadepti e f-eMeh-peFfor-anee-or4teFie-by-the


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greondwate -penRkt-49e-per-rittdt-6termwotr-faeilt4ee-wi H-t*?
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(a-in aditkion-e-aey-fn ot4o-dolegated- undoer-8ubseetic- -(4 ,
when(1) When the secretary determines that a water management
district has the financial and technical capability to carry out water
quality regulation and other functions of the department, those
powers, duties, and functions, or parts thereof, may be contracted or
delegated to such water management district. Any powers, duties,
and functions so delegated shall be carried out in accordance with the
rules, regulations, and water quality standards of the department.
Nothing contained in this act shall be construed to adversely affect
or divest any water management district of the power to levy ad
valorem taxes.
(2)(3) A delegation pursuant to this section may be withdrawn
Feeeindedonly if the secretary determines that such delegation is not
being carried out in accordance with the rules of the department.
Section 9. (1) All powers, duties and functions of the Department
of Environmental Regulation relating to water control districts
created or operating pursuant to Chapter 298, Florida Statutes, are
transferred to the Water Management Districts created by to Ch.
373, Florida Statutes.
(2) If a water control district created or operating pursuant to
Chapter 298 has lands within more than one water management
district, the water management district in which a majority of the
lands within the water control district are located shall exercise the
transferred functions. However, when exercising such functions the
water management districts shall consult with the water
management district in which any affected land is located.


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(3) Nothing in thi-s t shall affect any requirement that a water
control district created or operating pursuant to Chapter 296, Florida
Statutes, must obtain permits pursuant to Chapter 373, 376, or
Chapter 403, Florida Statutes.
Section 10. Subsection (3) of Section 298.11, Florida Statutes, is
amended to read:
298.11 Election of board of supervisors; Board of Trustees of the
Internal Improvement Trust Fund Pepartment--of- aenviwmental
Regulatkn- to represent state at election; if no election held,
Department water management district to appoint supervisors, etc.--
(3) The Board of Trustees of the Internal Improvement Trust Fund
Depertment-ef-Enviromental-Regulation at any such meeting may
represent the state, and shall have the right to vote for supervisors,
or upon any matter that may come properly before said meeting to
the extent of the acreage owned by the state in such district, which
vote may be cast by any person designated by said Board of Trustees
Department-ef-EnvironfmeRtal-fleguation. Guardians may represent
their wards, executors and administrators may represent estates of
deceased persons, and private corporations may be represented by
-their officers or duly authorized agents. The owners of a majority of
the acreage included in such district shall be necessary to constitute
a quorum for the purpose of holding such election, or any election
thereafter, and in ca!r- the owners of a majority of the acreage
included in such district are not present in person or duly
represented, at the time and place stated in the notice calling such
meeting, then no election shall be held, and notice of such failure
shall be given in writing by any person interested to the water
management district Department-e.-wnvreamentl-Regulatien,






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which shall s-, soon as practicable appoint three competent persons
who own land in such district as such supervisors for the term of 1,
2, and 3 years respectively, and who shall hold their office until their
successors are elected or appointed and qualified.
Section 11. Section 298.22, Florida Statutes, is amended to read:
298.22 Powers given supervisors to effect reclamation of land in
district.- In order to effect the drainage, protection, and
reclamation of land in the district subject to tax, and subject to the
regulatory provisions of Chapters 373, 376, and 403, Florida Statutes,
the board of supervisors:
(1) May clean out, straighten, open up, widen, or change the
course and flow, alter or deepen any canal, ditch, drain, river,
watercourse, or natural stream; and concentrate, divert or divide the
flow of water in or out of said district; construct and maintain main
and lateral ditches, canals, levees, dikes, dams, sluices, revetments,
reservoirs, holding basins, floodways, pumping stations and siphons,
and may connect same, or any of them, with any canals, drains,
ditches, levees or other works that may have been heretofore, or
which may be hereafter constructed by the State or water
management district created pursuant to Chapter 373 QDepartment-of
EhwViFnme tal- eg1t4e-ti9], and with any natural stream, lake or
watercourse in or adjacent to said district.
(2) May -;.:d and construct any other works and improvements
deemed necessary to preserve and maintain the works in or out of
said district; acquire, construct, operate, maintain, use, sell, convey,
transfer or otherwise provide for pumping stations, including pumping
machinery,






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motive eq;uip.ent. electric lines and all appurtenant or auxiliary
machines, devices or equipment.
(3) May contract for the purchase, construction, maintenance,
use, sale, conveyance and transfer of the said pumping stations,
machinery, motive equipment, electric lines and appurtenant
equipment, including the purchase of electric power and energy for
the operation of the same.
(4) May construct or enlarge, or cause to be constructed or
enlarged, any and all bridges that may be needed in or out of said
district, across any drain, ditch, canal, floodway, holding basin,
excavation, public highway, railroad right-of-way, track, grade, fill or
cut; construct roadways over levees and embankments; construct any
and all of said works and improvements across, through or over any
public highway, railroad right-of-way, track, grade, fill or cut, in or
out of said district; remove any fence, building or other
improvements, in or out of said district.
(5) Shall have the right to hold, control and acquire by donation or
purchase, and if need be, condemn any land, easement, railroad
right-of-way, sluice, reservoir, holding basin or franchise in or out of
said district, for right-of-way, holding basin for any of the purposes
herein provided, or for material to be used in constructing and
maintaining said works and improvements for drainage, protecting
and reclaim-!.- the lands in said district.
(6) May condemn or acquire, by purchase or grant, for the use of
the district, any land or property within or without said district not
acquired or condemned by the court on the report of the
commissioners assessing benefits and damages, and shall follow the
procedure set forth in chapter 73.
(7) May adopt rules to implement the purposes of this chapter.





1 (8) May assess and collect reasonable fees for the connection to
2 and use of the works of the district.
3 (9) May implement and authorize construction of only those
4 improvements outlined in the plan of reclamation.
5 Section 12. Section 373.109, Florida Statutes, is amended to read:
6 373.109 Permit application fees.-- When a water management
7 district governing board implements a permit system under this
8 chapter or one which has been delegated to it pursuant to Chapter
9 403-er-403~84i it may establish a schedule of fees for filing
10 applications for the required permits. Such fees shall not exceed the
11 cost to the district for processing, monitoring and enforcing, the
12 permit applietion. Howeve'-pe-mi4-feee-shal-neotbe-foquifed-frem
13 any-governentaI-ent.y.
14 (1) All moneys received under the provisions of this section shall
15 be allocated for the use of the water management district and shall
16 be in addition to moneys otherwise appropriated in any general
17 appropriation act.
18 (2) The failure of any person to pay the fees established hereunder
19 constitutes grounds for revocation or denial of iethe. permit.
20 Section 13. Subsections (5), (6) and (7) of Section 373.451, Florida
21 Statutes, is amended to read:
22 373.451 Short title; legislative findings and intent.--
23 (5) The Legislature finds that surface water problems can be
24 corrected and prevented through plans and programs for surface
25 water improvement and management that are planned, designed and
26 implemented by the Fegional water management districts, with-the
27 participatien-and-eeeperaten-f-the state's agencies, and local
28 governments.
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(6) It is therefore the intent of the Legislature that each water
management district develop -deeign-and-4mplemet- plans and
detailed programs for the improvement and management of all
surface waters within its boundaries.
(7) It is also the intent of the Legislature that the Department of
Environmental Regulation shall conduct and shall coordinate
statewide research by the water management districts or others be
eendueted to provide a better scientific understanding of the causes
and effects of surface water pollution and of the destruction of
natural systems in order to improve management of stormwater
runoff and-manage- oufaoe-watere-ands aeeeeated-fatural-systems.
(8) It is the Intent of the Legislature that the State, through the
Department of Environmental Regulation, shall provide funds from
the Surface Water Improvement and Management Trust Fund to
assist with the implementation of the district plans and programs
under this act. However, the Legislature recognizes that there will
not be adequate state funds to implement all the necessary plans and
programs, and it is the intent of the Legislature that the water
management districts and local governments shall use their own
funds for plans and programs on water bodies for which state funds
are not available.
Section 14. Section 373.452, Florida Statutes, is created to read:
373.452 Responsibility of the Department of Environmental
Regulation.-- It shall be the responsibility of the Department of
Environmental Regulation to oversee and supervise implementation
of Sections 373.451 373.4595 throughout the state and for this
purpose to adopt rules governing preparation by the water
management districts, and





1 approval by the department, of priority lists for water bodies as
2 required by s. 373.453, for submission and department review and
3 approval of surface water improvement and management plans and
4 detailed programs, and for disbursement of funds from the Surface
5 Water Improvement and Management Trust Fund to districts with
6 approved plans and in accordance with a schedule approved by the
7 department.
8 Section 15. Subsections (1), (2), (3), and (5) of Section 373.453,
9 Florida Statutes, are amended to read:
10 373.453 Surface water improvement and management plans and
11 programs.--
12 (1Xa) Each water management district, in cooperation with the
13 Department of Environmental Regulation, the Game and Fresh Water
14 Fish Commission, and-the Department of Natural Resources, and
15 local governments shall prepare and maintain a listr-by--MaFeh-4,
16 4888, which shall prioritize water bodies of regional or statewide
17 significance within each water management district. The department
18 shall establish by rule when the lists are to be reviewed and updated,
19 but it shall be no less often than once every 3 years. The list shall
20 be based on criteria adopted by rule of the Department of
21 Environmental Regulation and shall assign priorities to water bodies
22 based on their need for protection and restoration. The list shall be
23 submitted to the Department of Environmental Regulation for review
24 and approval in accordance with rules adopted by the department.
25 (b) Criteria developed by the Department of Environmental
26 Regulation shall include, but need not be limited to, consideration of
27 violations of water quality standards occurring in the water body, the
28 amounts of nutrients entering the water body and the water body's
29 trophic state,
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pFioriti-water- bedie -withi-th-di4riet-that-are-e-e9oeRnakor


etatewide-igRnifi 9 eanead-ieed iesteFatieR.
(c) In developing their respective priority lists, water
management districts shall give consideration to the following
priority areas:
1. (a) The South Florida Water Management District shall give
priority to the restoration needs of Lake Okeechobee, Biscayne Bay,
and the Indian River Lagoon system and their tributaries.
2. (b) The Southwest Florida Water Management District shall
give priority to the restoration needs of Tampa Bay and its
tributaries.
3. () The St. Johns River Water Management District shall give
priority to the restoration needs of Lake Apopka, the Lower St. Johns
River, and the Indian River Lagoon system and their tributaries.
(2) Once the priority lists are established and approved by the
Department of Environmental Regulation, the water management
district, in cooperation with the Department of Environmental
Regulation, the Game and Fresh Water Fish Commission, the
Department of Natural Resources, and local


17










9.19


the existence or need for a continuous aquatic weed control program
in the water body, the biological condition of the water body lake,
reduced fish and wildlife values, and threats to agricultural and urban
water supplies, and public recreational opportunities. -The-sum-of
$600,000--ehm 1-be-Fauilabe-o-4om- hSuraoe-Wter- nprFevyement-and
Managemen-Tst-fund-to--the-DesaFtmee-of-nwvrwnmentaI


aoose









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governments, shall develop surface water improvement and
management plans for the water bodies, based on the priority lists
approved by the Department of Environmental Regulation. Each plan
shall include a schedule established by the water management
district and approved agreed-te-by the Department of Environmental
Regulation for restoring water bodies on the priority list. These
plans shall also enumerate preventive measures which need to be
taken to augment water management district efforts. The
Department of Environmental Regulation shall establish a uniform
format for such plans. The plans shall be reviewed and, if necessary,
revised annually by the water management district. These plans
shall include but not be limited to:
(a) A description of the water body system, its historical and
current uses, its hydrology, and a history of the conditions which
have led to the need for restoration.
(b) An Identification of all governmental units that have
jurisdiction over the water body and its watershed the -lnd- wlthi-a
4--mge-pe .i4ter-ef-the-water-bedy, including local, regional, state,
and federal units.
(c) A description of adjeoent-land uses within the watershed-and
these-ef-.imp~e tant-r-ibuteoFie-pot--and-noenp-oint- -sewor-ef
peuBniorn-anpermitted-deeee ege-aotivities;
(d) A list of the owners of point and nonpoint sources of water
pollution that are discharged into each water body and tributary
thereto and that adversely affect the public interest, including
separate lists of those sources that are:
1. Operating without a permit;
2. Operating with a temporary operating permit; and





1 3. Presently violating state effluent limits or water quality
2 standards.
3 The plan shall also include recommendations a-timetable for bringing
4 all sources into compliance with state standards when not contrary
5 to the public interest. T peparagraph-doeee t-author -eNisting-er
6 futurvikdationef-anypp~Uoabe-statute-eF-rgulatikon-Ai-deees-t
7 diie--the-autheFity-of-4-he--epafrtfment-e-fnirmental
8 Regulation
9 (e) A description of strategies and-petentiai-strategies for
10 restoring the water body--Clase-44-er-better.
11 (f) A listing of studies that are being or have been prepared for
12 the supefoe water body.
13 (g) A description of the research and feasibility studies which will
14 be performed to determine the particular strategy or strategies to
15 restore the water body.
16 (h) A description of the measures needed to manage and maintain
17 the water body once it has been restored and to prevent future
18 degradation; and
19 (i) An estimate of the funding needed to carry out the restoration
20 strategies.
21 (3) Each water management district shall be responsible for
22 planning, i~pliementiMrand coordinating restoration strategies for
23 the priority water bodies within the district which have been
24 approved by the Department of Environmental Regulation as water
25 bodies of regional or statewide significance in need of restoration.
26 The governing board of the appropriate water management district
27 shall hold at least one public hearing and public workshops in the
28 vicinity of the water body under consideration as may be necessary
29 for obtaining public input prior to finalizing the surface water
30 improvement and management plans for the water bodies on the
31
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9.22


priority list. The water management district shall then forward a
copy of the plans to the Department of Environmental Regulation and
to appropriate local governmental units. By-September-eif--988-and
Each September1, thereafteFr the water management districts shall
submit a funding proposal to the Department of Environmental
Regulation for Its review and approval. The proposal shall specify,
inwoopertion-w~t t-th~-Depaement-f-ERv4fonffmetal.RegulatieR,
sha- doevelopa-fundi g-pFpeea a-foe-the4e-nt-fees yea.-'e-wate
restor at -aoiv itie-for-p iori4t-watef-b04de -whiek-epeotiie- the
activities that need state funding and the amounts of funding, and
shall f"ly-describe the specific restoration activities proposed.
After its approval, the department shall include the water
management district proposals in its annual budget request.
(5) The water management districts may contract with
appropriate state, local, and regional agencies to perform various
tasks associated with the development and implementation of the
surface water improvement and management plans.
Section 16. Subsection (2) of Section 373.455, Florida Statutes, is
amended to read:
373.455 Review of surface water improvement and management
plans.--
(1) At least 60 day? "fore final governing board adoption of a
surface water improvement and management plan, 30-days-przeF-to
any-puebie-hear4ing-oen-4te-ofaeeowater-iprFvefment-and -anagement
plane a water management district shall transmit its proposed plan to
the Department of Environmental Regulation, the Department of
Agriculture and Consumer Services and the Department of Natural
Resources






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9.2 3


and shall transmit a summary of the proposed plan to affected
counties and municipalities. A copy of the proposed plan shall be
provided to any affected county or municipality upon request.
(2Xa) The Department of Environmental Regulation shall review
each proposed surface water improvement and management plan to
determine fer-the-pupeee-e deter n4ing:
1. () Whether the costs described in the plan, as projected by
the water management districts, are reasonable estimates of the
actual costs of the pregrFame--the plan;
2. (b) The likelihood that of the program-4in-the plan will protect
water quality and associated natural resources or result resut4rg in
significant improvements in water quality in the priority surface
waters designated in the plan; and
3. (e) The elements of the plan eembiiatio-of-pregrame-which
can be funded based on available revenues within the Surface Water
improvement and Management Trust Fund or other funding source
available to the department, the districts, or to local governments.
(b) If the department determines that a plan eo-progrsam does not
meet these requirements, that the projected costs are not reasonable
estimates of the actual costs of the-programo..-ithe plan, or that a
pFegrem F--the plan is not likely to result in protection of water
quality and associated natural resources or significant water
improvements in the priority surface water, the department shall not
approve the plan and shall recommend modifications or additions to
the planr-r-a-program-thereef, to the district at the district's public
hearing on the proposed plan. Funds for implementation of a plan
shall not be







1 released from the Surface Water Improvement and Management Trust
2 Fund until a plan is approved by the department and, when deciding
3 upon the disbursement of funds from other department sources, the
4 department shall give specific priority to waterbodies for which
5 surface water improvement and management plans have been
6 approved.
7 Section 17. Subsection (3) of Section 373.457, Florida Statutes, is
8 amended to read:
9 373.457 Implementation of surface water improvement and
10 management plans and-programs.--
11 (3) To facilitate appropriate and timely implementation, each
12 water management district shall coordinate the implementation of
13 properodetai4ed-plan-feF-and-ehll mplement-the-p'egrame-4f its
14 surface water improvement and management plan upon approval the
15 Feleas.eo-fands by the Department of Environmental Regulation.
16 Section 18. Subsections (2) and (3) of Section 373.459, Florida
17 Statutes, are amended and a new subsection (5) is added to said
18 section to read:
19 373.459 Surface Water Improvement and Management Trust
20 Fund.--
21 (2) The Secretary of the Department of Environmental Regulation
22 shall authorize the release of money from the Surface Water
23 Improvement and Management Trust Fund within 30 days after
24 receipt of a request Fesekuti4R-adopted-by the governing board of a
25 water management district or by the executive director when
26 authority has been delegated by the governing board, certifying that
27 the money is needed for detailed planning for or implementation of
28 plans pregrame- approved pursuant to ss. 373.452, 373.453 and
29 373.455. Release of these funds shall be contingent upon the
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department's review and approval of a detailed program of activities
to implement the approved plan. Each year after funds are
appropriated by the Legislature, each water management district
shall receive ten percent of the money in the fund. The Department
shall allocate the remaining fifty percent of the money in the fund
annually, based upon the specific needs of the districts. Beginning
witk-the-state-f4isealyeap4988-1498a nd-aannuay-thereafteFra-water
rmanagement-dtFiot-may4ot-rFeeve-ei-thaao-poeeef-of-the
moneye-in-the-Swffoe-W aer-mprveme-nd-Managee t-Tst
Fte-ia-anyfieeal-yeaefunee-etherio prvied-by-lew,
(3) The amount of money that may be released to a water
management district from the Surface Water Improvement and
Management Trust Fund for approved plans pFegrams, or
continuations of approved plans programs, to improve and manage the
surface waters described in ss. 373.451 373.4595 is limited to not
more than 80 percent of the amount of money necessary for the
appFeved plans ppegrams. The district shall provide at least 20
percent of the amount of money necessary for the studies or
programs.
(5) The Stormwater Trust Account is created in the Surface
Water Improvement and Management Trust Fund to provide money to
local governments for proper planning and management programs for
stormwater.
(a) Twenty five percent of the Stormwater Trust Account shall be
distributed as base planning grants to local governments. The
department may provide up to a $.......... grant from the Account to
qualified cities and counties to develop the plans required by ss.
403.0891 (3Xc).







1 (b) 1. Seventy percent of the Stormwater Trust Account shall be
2 used by the department for demonstration grants to counties or to
3 cities which have complied with section 403.0893. The department
4 shall accept applications for demonstration grants for projects to
5 modify stormwater management systems, and for new stormwater
6 projects that use a functional and innovative design to improve water
7 quality of stormwater runoff. For new projects, the department shall
8 give priority to projects which use natural systems for stormwater
9 quality improvement and control and which require a minimum
10 amount of construction work.
11 2. The department shall issue a request for proposals on the
12 demonstration grant program no later than 90 days after the
13 effective date of this act.
14 3. Grants under this paragraph shall not exceed $......, and shall
15 require at least an ... percent cash match of state funds by a local
16 government.
17 (c) Up to five percent of the Stormwater Trust Account may be
18 used by the department to administer its stormwater management
19 program.
20 Section 19. The State, through the Department of General
21 Services, the Department of Transportation, and other agencies, shall
22 construct, operate, and maintai- buildings, roads, and other facilities
23 it owns, leases, or manages to fully comply with state, water
24 management district, and local stormwater management programs.
25 Section 20. The sum of $XX million is appropriated from the
26 Surface Water Improvement and Management Trust Fund and is
27 deposited into the Stormwater Trust Account.
28 Section 21. The sum of $XXXXXXXXXX is appropriated
29 from to the Department of Environmental
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Regulation to assist in the development of an integrated geographic
information system which is compatible with and usable by other
systems of the department, the water management districts, and
other agencies in the implementation of the Surface Water
Improvement and Management Act and other laws to protect the
environment and natural resources of the state.
Section 22. This act shall take effect October 1, 1989.




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