Title: Proposed Statutory Changes to Implement Recommendations
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 Material Information
Title: Proposed Statutory Changes to Implement Recommendations
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Proposed Statutory Changes to Implement Recommendations, February 22, 1996
General Note: Box 9, Folder 14 ( SF-WMD REview Commission - 1995-1996 ), Item 3
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00001906
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




WATER MANAGEMENT DISTRICT
REVIEW COMMISSION

PROPOSED STATUTORY CHANGES
TO IMPLEMENT RECOMMENDATIONS'


GOVERNANCE, OVERSIGHT, FINANCIAL STRUCTURE & BUDGETING


1. APPOINTED DISTRICT GOVERNING BOARDS

Statutory codification not required.



2. STAGGERED APPOINTMENT OF GOVERNING BOARD MEMBERS
2373.073 Governing board.-
(1)
(a) The governing board of each water management district shall be composed
of 9 members who shall reside within the district, except that the Southwest Florida
SWater Management District shall be composed of 11 members who shall reside
within the district. The term of off-e of memberir of the boar shall be A year and
_l--ll LA_ __._,_.-.J i ---- ___ ii___L __._t'__:__ A,_ JL_- ------ -


at W98 as soamfne u on the 9yremiRg boa rde. Such yaeauncis shall be
fild acordirig to tl r.cid.noy roquir.;m.. ts. of paragraph (b).

(2)
W(a Members of the governing boards shall be appointed by the Governor,
subject to confirmation by the Senate at the next regular session of the Legislature,
and the refusal or failure of the Senate to confirm an appointment shall create a
vacancy in the office to which the appointment was made.


Many recommendations made by the Commission are not suitable nor intended for codification in
the Florida Statutes. To encourage the districts (and department) to implement the non-statutory
recommendations, the Commission will attempt to have the Legislature pass a concurrent
resolution accepting and endorsing the Commission's report.
2 Footnotes and history of cited sections of the Florida Statutes have been deleted in this document.








(b) The term of office for a goveming board member is 4 years and is deemed to
commence on March 2 of the year in which the appointment is made and
terminate on March 1 of the fourth calendar year of the term. Terms of office of
goveming board members shall be staggered to help maintain consistency and
continuity in the exercise of goveming board duties and to minimize disruption in
district operations. Commencing January 1. 1997. the Governor shall appoint the
following number of governing board members in each year of the Governors 4-
year term of office:

1. In the first year of the Governor's term of office. the Governor shall
appoint 3 members to the goveming board of each district.
L In the second year of the Governor's term of office. the Governor
shall appoint 3 members to the governing board of the Southwest Florida
Water Management District and 2 members to the governing board of each
other district
I In the third year of the Governor's term of office, the Governor shall
appoint 3 members to the goveming board of the Southwest Florida Water
Management District and 2 members to the goveming board of each other
district.
4. In the fourth year of the Governor's term of office, the Governor shall
appoint 2 members to the goveming board of each district.

For any governing board vacancy that occurs prior the date the office is scheduled
for appointment under this paragraph. the vacancy is to be filled in accordance with
the residency requirements of paragraph (1)(b). but the member will serve an
abbreviated term that will terminate upon the Governor's scheduled appointment
to that office under this paragraph.




3-4. DISTRICT OMBUDSMAN & EMPLOYMENT OF ATTORNEYS

373.079 Members of governing board; oath of office; staff.-

(4)
(a) The governing board of the district is authorized to employ an executive
director. an ombudsman, and such engineers, other professional persons, and
other personnel and assistants as it deems necessary and under such terms and
conditions as it may determine and to terminate such employment. The govering
board should establish training programs to provide district staff with both technical
and practical understanding of agricultural production practices within the district.
The appointment of an executive director must be initially confirmed by the Florida
Senate. The governing board may delegate all or part of its authority under this
paragraph to the executive director.


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(5) The governing board may employ a legal staff for the purposes of:
(a) Providing legal counsel to the governing board on matters relating to the
exercise of its powers and duties, and tothe executive director and district staff on
matters relating to day-to-day operations of the district;
(b) Representing it in all proceedings of an administrative or judicial nature; and
(c) Otherwise assisting in the administration of the provisions of this chapter.

Attorneys employed by the district must represent the legal interest or position of
the governing board.




5. EXECUTIVE APPROVAL OF DISTRICT BUDGETS;
8B. LEGISLATIVE COMMITTEE OVERSIGHT;
15. DISTRICT BUDGET PROCESSES;
16. TRUTH-IN-MILLAGE ADJUSTMENTS;
17. DISTRICT BUDGET ADVERTISING; and
18. BUDGET FORMATS AND ALLOCATIONS

373.536 District budget and hearing thereon.-

(1) The fiscal year of districts created under the provisions of this chapter shall
extend from October 1 of one year through September 30 of the following year. The
budget officer of the district shall, on or before July 15 of each year, submit for
consideration by the governing board of the district a tentative budget for the district
covering its proposed operation and requirements for the ensuing fiscal year. Unless
alterative notice rMeuirements are otherwise provided by law. notice of all budget
workshops conducted by tht govenming bard or district staff must be published in a
newspaper of general circulation n ach county in which the district lies. not less than 5
days nor morm than 15 days pior to the worshop: budagt hearings not governed by s.
200.065 must be adverted in a newspaper rof nral ciculation in the community or
area wherein the hearing will occur not less than 5 days nor more than 15 days orior to
the hearing. The tentative budget shall be adopted in accordance with the provisions of
s. 200.065; however, If the mailing of the notice of proposed property taxes is delayed
beyond September 3 in any county in which the district lies, the district shall advertise its
intention to adopt a tentative budget and millage rate, pursuant to s. 200.065(3)(g), in a
newspaper of general paid circulation in that county. The budget shall set forth, classified
by object and purpose, and by fund if so designated, the proposed expenditures of the
district for bonds or other debt, for construction, for acquisition of land, for operation and
maintenance of the district works, for the conduct of the affairs of the district generally,
and for other purposes, to which may be added an amount to be held as a reserve.
District administrative and operating expenses must be identified in the budget. allocated
among district activities and programs in proportion to the time. personnel and resources
devoted to the specific activity or program.


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(3) As provided in s. 200.065(2)(d), the board shall publish one or more notices
of its intention to finally adopt a budget for the district for the ensuing fiscal year. The
notice shall appear adjacent to an advertisement which shall set forth the tentative budget
in full. The notice and advertisement shall be published in one or more newspapers
having a combined general circulation in the counties having land in thedistrict. Districts
may include xan ohr-as and example in budt adva8 mnt published under
s. 200.065 to clarify or illustrate the effect that the district budget may have on ad valorem
taxpayers.

(5)
(a) Each water management district shall, by August 6 1 of each year, submit
for review a tentative budget to the Governor. the President of the Senate. the
Speaker of the Horus of RWresentatives. the chairs of all legislative committees
and subWco ittea, with substantive or appropation urisdiction over water
manamrdemat ditrict.th Sbcratry of the demarimnnt andw th wera ing body of
each county in which the district has lrisdiction or derives any funds for the
oeramin at toat IM qidte of ss.m Pee the
,GsOuited of the Gf t t --Ad-- ..... a the .as of.--- The a vrritng mamomr a witte#
of the 6asiti ab-a M ms"F a e a The tentative budget mut include that-ieludes, but
is not limited to, the following information for the preceding fiscal year and the
current fiscal year, and the proposed amounts for the upcoming fiscal year, in a
standard format prescribed by the department which is generally consistent with
the format prescribed by legislative budget instructions for state agencies and the
format requirements of s. 216.031:

(b) By Auaust 21 of the year in which the budget is munbmitted. the department
and the House. and Senate apppriations cominttesa must review proposed
district b~udgt and. taki a int.accunlt connui and r ad oD rarm needs.
provide comments and objedinto to the governing boards and the Govrnor. By
September of th year in which the budget is ,bmiLt d the Eecutive Office of
th vemor.m st trasmiteah ditit ari.boa an inant to amorove
or rWct the.districs mped budg which u MMgidn ti wt articuarigt the
bjectionahia .udt.arovi ELdch didct ooaming board must rasmond in
wrtIN t emmaa and ba ns rordd by th deQartment and the House
and S nata aps mroi,-,ro fommites. and to the intent to approve or reject
submitted.by the recutive Ofice of the Goavmar The.goveming board's written
responses must be included in the record of the native budget adoption hearing
conducted 'under s 200.065(2)(X. The record of the hearing and the adooted
tentative budget must be delverd to the E~xeutiv Office of the Govemrnor. the
de artment. dnibt House and Senatm acmnFriatians committees by 5 o.m. of the
second busineaM day following adjourment of the tentative budget adoption
hearing. 4- SMhtall, by SOCtem b 6 Of th year on which 9Ca budget
ic cubmfitd, after tking into- sooount ontnuingime and pwpod program Reeder
promAdo its rFeview andl ocrnesmimit to the S'orr.ing broad a nd t-has Go'.'omor. Sj

mas Go~amor 2nda tfhe co 2nd- Senate approp~rttiane chairc may tmR.snmit to


I I j I"




I, I, LiU;


Sr


ofch district ormmitnt and bje.tions t th proposed budgets. Each district
goomiJngN bg-0 skha ,hlllu a r".pAoen' sto ,,oauont,,, Ad objeotlesin the
rFerdw of the S mrinis, bordn meen e.rq Mow ,4a nd*Wor of thW budget t wak
plase, and the reCord af thio meeting t haall b M tMranmttd to the Ecu 4tive OffaCi
4F thel Govemer, the depsmrm &A a and t-hl hairs if theHusco a-ad Senate
Geap itns osmmttoo

(c) .At least five business days prior to the final district budget adoption hearing
to be conducted under s. 200n.0q(2)d). the Govenmor must deliver to the
covering board of each disict wtten approval or reection of its adopted
tentative budget Any rejection must identify with particula the objectionable
ovisionso atthe ad~t tntativM b~dt. If th gMovemin.boMrd doesm not receive
written approval or rejectflo from th Governor by thmt date. the adooted tentative
budget is.deemed approved by the Governor Each district governing board must
remoond in writing to.he G rns aroval or elation and the response must


be included in the record of thenal budget adoption hearing conducted under s.
200.0652ad). The governing bOard annot adrt a final district budget that
contains any apad~on tt has~ en rejidby he Gafovnor. The record of the
final budget adoption hearing must be trnamitt~ to the Executive Office of the
Govemor. the department and th Houe and Senate aoropriations committees,
and copies of the final adopted district budget must be provided to the
governmental entities described in paararaph (a).

id) f) The department shall annually, on or before December 15, file with the
Governor and the Legislature a report that summarizes the expenditures of the
water management districts by program area and identifies the districts that are not
in compliance with the reporting requirements of this section. State funds shall be
withheld from a water management district that fails to comply with these reporting
requirements.

(MJ As permitted by s. 9(a. Art. VI. of the State Constitution the Legislature
enacted s. 373.503(3) to authorize diAtrii' levy of ad vaolrm taxes and establish
the maximum t tal mie ra that mch disbid cou d assess to finance water
resource programs and aGtiMies. The Stae Constitution does not prohibit the
Legislature fOm ROpealin gdiaticts' statutory authority to levy ad valorem taxes or
reducing to zero districts' maximum total millage rates.




6. EXECUTIVE REVIEW OF DISTRICT ACTIVITIES

Statutory codification not required.


i I i .J. ~




0 r


7. LEGISLATIVE ADOPTION OF WATER POLICY AND PLAN

373.019 Definitions.- When appearing in this chapter or in any rule, regulation,
or order adopted pursuant thereto, the following words shall, unless the context clearly
indicates otherwise, mean:

(16) "State water policy" means the comprehensive statewide policy as adopted
by the department and ratified by the Lgislature pursuant to ss. 373.026 and 403.061
setting forth goals, objectives, and guidance for the development and review of programs,
rules, and plans relating to water resources. The waters of the state are among its most
basic resources. Such waters should be managed to conserve and protect water
resources and to realize the full beneficial use of these resources. The Land- UIce and
WAt3r. Planning took forae ;wers ad biliehd by chapter 03 206, Laws of Florida, to
fo(mu10) Moom to ftn a a state -ate n r he reclywichip btbwsha Asovidet water
management plans thae Arowth management n portion of the stats ompruloni ;'o plan,
MaretingM to GAS, wte rh T se r c t 9- shal be" consistent withthe
rgionatl policy piare, anA 1sil Plmprheni01 an6s. In o Adr to prdoidm fror onecifictny
ibtioen grw !h managmnt i policy and water manaement pocy the ptack for chall
make recommendation to th&eate 1906 Lagilatdure on the 1 ehanirmsl and procAdurois for
establishing and amendinr walc r policy In a nie rattemp tb ea idoummer t c rte1mm8daienar
and rooeari the benefit of a- reviewby Ho aoe ad Sate natural res ouroeg mmittOas,
the amendment to chapter 17 40, Florida A minist native Co adopted by lte th
En viironmental Reulatin Comn ai on r r -December 1.93, Chall not1 be ome i offortit



373.026 General powers and duties of the department-
(10) Adopt by rule a state water policy, which must shall provide goals,
objectives, and guidance for the development and review of programs, rules, and plans
relating to water resources. Thia is state water policy must ahel be consistent with the
State Comprehensive Plan and may include such department rules as are specifically
identified in the policy. The satr water policy adopted by the department must be

of the state water eolice not eisatv.e r1tiW d by adounment of th 19M8 regular
session will be voi" andW n........ UMon ratiicati of the stat water policy by the
Legislature. the departments authority to adopt a state water police is rescinded, and any
further amendment of the state water policy must be adapted by legislative act.


373.114 Land and Water Adjudicatory Commission; review of district rules
and orders; department review of district rules.-

(2) The department shall have the exclusive authority to review rules of the
water management districts, other than rules relating to internal management of the
districts, to ensure consistency with the state water policy a ot forth in the ruolc of the
departmet. Within 30 days after adoption or revision of any water management district
rule, the department shall initiate a review of such rule pursuant to this section.


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373.039 Florida water plan.- The state water use plan together with the water
quality standards and classifications of the department or its successor agency shall
constitute the Florida water plan. The state water use plan should be developed in
coordination with the water quality standards system. The Florida water plan adopted by
the department must be presented to the Legislatue for &atifation during the 1998
regular session. Any provision of the Floida water plan not legislatively ratified by
ad2oumment of the 1998 regular session will b void and unenforceable. Upon ratification
of the Florida water plan by the Leiue. the departments authority to adopt a Florida
water plan is rescinded, and any further amendment of the Florida water plan must be
adopted by legislative act.


403.061 Department; powers and duties.- The department shall have the power
and the duty to control and prohibit pollution of air and water in accordance with the law
and rules adopted and promulgated by it and, for this purpose, to:

(33) Adopt by rule a state water policy, which must shall provide goals,
objectives, and guidance for the development and review of programs, rules, and plans
relating to water resources. Ihb This state water policy must shall be consistent with the
state comprehensive plan and may include such department rules as are specifically
identified in the policy. The state water policy adopted by the department must be
presented to the Legislature for ratification during the 1998 regular session. Any provision
of the state water policy not legislatively ratified by adjourment of the 1998 regular
session will be void and unenforceable. Uon ratifleation of the state water policy by the
Legislature. the departments authority to adopt a state water police is rescinded, and any
further amendment of the state water polcy must be adopted by legislative act.




8. LEGISLATIVE COMMITTEE OVERSIGHT

Statutory codification not required, except legislative committee review of district
budgets which is addressed in Paragraph (b) on page 4 of this document.



9. DISTRICT FISCAL YEAR

Statutory codification not required.



10. EQUALIZING CONSTITUTIONAL MILLAGE CAPS

See separate drafts of Senate and House Joint Resolutions.








11. SUPPLEMENTAL FUNDING FOR LIMITED TAX BASES OF DISTRICTS

Statutory codification not required.



12. STATE FUNDING FOR SWIM PROGRAM

Statutory codification not required.



13. ALTERNATIVE FUNDING SOURCES FOR STATEWIDE PROGRAMS

Statutory codification not required.



14. USE OF LOCAL FUNDING FOR STATEWIDE PROGRAMS

373.501 Appropriation of funds to water management districts.- The
department may allocate to the water management districts, from funds appropriated to
the department, such sums' as may be deemed necessary to defray the costs of the
administrative, regulatory, and other activities of the districts. The covering boards of the
water management districts have the preroative and the responsibility to determine the
priority and the extant to which local funding i appropriate and available to accommodate
legislatively mandated sta tewide pw m. The governing boards shall submit annual
budget requests for such purposes to the department, and the department shall consider
such budgets in preparing its budget request for the Legislature. The Legislature shall
support the priority water resource policies and programs of the state by providing state
funding or alternative rMvenue sourcMa fundgnag to the distrks to implement those priorities.
The districts are exempt from implementing nw or demanded water resource programs
and rmgulatoryr sponsibilities enacted by the Leoislature or delegated to the districts by
the department which are not accompanied by state funding or other alternative revenue
source funding.



15. DISTRICT BUDGET PROCESSES

373.507 Districts and basins: postaudits. budgets and expenses reports.-
Dietriotset baisine, and taxing authcritiea; budget and 2xpeneo rMports; auldits.
(U Each basin referred to in this chapter must furnish a detailed copy of its
budget and past year's expenditures to the Governor. the Legislature. and the governing
body of each county in which the basin has jurisdiction or derives any funds for the
operations of the basin.








02 Each district and basin referred to in this chapter must make provision for
an annual postaudit of its financial accounts. The postaudit must be made in accordance
with the rules of the Auditor General promulgated pursuant to ss. 166.241 and 11.47.

W3 Each district referred to in this chapter must furnish copies of the following
documents to the Govemtr. the President of the Senate. the Speaker of the House of
Representatives the chairM of all legislative committee and subcommittees with
substantive or approprition jurisdiction over districts. the Secretary of the department.
and the governing body of each county in which the district has jurisdiction or derives any
funds for the operations of the district:
W The tentative budget:
Wt2 The adopted budget:
(M The past year's expenditures: and
(o The ostaudit described in subsection (1).
The documents must be fumished to th entities named in this subsection by the earlier
of 10 days following completion of each document or as otherwise provided by law.

(4) If any entity named in subsection (3) provide written comments to the district
regarding any document furnished the district must respond to the comments in writing
and furnish copies of the comments and written responses to the other entities named in
subsection (3).

Each district and bnin rforred to in this chapter shall furnish a detailed cpy of its
budg41t an3 pat y1ar' Y6 xp0nr iture to the GoEror, the Logieoaturo, and the govmrning
ibody af.agah gemn* i% :ohis tfa ri b ha I or 4rih.'cs en OuF. i=s for
the Oprooas 0tlW*diabuttrn basin Eabih dbiDsth, basin, and taidas authority shell make
provision fWor an an.Ul.. poOteudt of itC fnannarl aoomunts. ThmA- pcotaudt chall bo
madO in aooordana 'wiMth the rulo of the Auditor Genoral promulgated pursuantto as.
166.a11 and 11.47.


16. TRUTH-IN4MILLAGE ADJUSTMENTS

See 373.536(3) on page 4 of this document.




17. DISTRICT BUDGET ADVERTISING

See pages 3-5 of this document.


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18. BUDGET FORMATS AND ALLOCATIONS

Additional statutory codification not required.




19. UNIFORM PERMIT APPLICATIONS AND FEES

During its meeting of January 30, 1996, the Commission decided that this
recommendation did not require statutory codification.


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DISTRICT RESPONSIBILITIES AND OPERATIONS


20. BALANCING AND PRIORITIZATION OF DISTRICT RESPONSIBILITIES

373.016 Declaration of policy.-

(1) The waters in the state are among its basic resources. Such waters have
not heretofore been conserved or fully controlled so as to realize their full beneficial use.

(2) It is further declared to be the policy of the Legislature:
(a) To provide for the management of water and related land resources;
(b) To promote the conservation, development, and proper utilization of surface
and ground water;
(c) To develop and regulate dams, impoundments, reservoirs, and other works
and to provide water storage for beneficial purposes;
(d) To prevent damage from floods, soil erosion, and excessive drainage;
(e) To minimize degradation of water resources caused by the discharge of
stormwater,
(f) To preserve natural resources, fish, and wildlife;
(g) To promote the public policy set forth in s. 403.021;
(h) To promote recreational development, protect public lands, and assist in
maintaining the navigability of rivers and harbors; and
(i) Otherwise to promote the health, safety, and general welfare of the people
of this state.

In implementing this chapter the department or the covering board shall construe and
apply the pliciesin this subscton as a whole. and no aacifi policy is to be construed
or applied in isolation from the other policies in this subsection.




21. BALANCING BY GOVERNING BOARD WHEN RESERVING WATER
27. CONCEPT OF "LOCAL SOURCES FIRST"

373.223 Conditions for a permit.-
(1) To obtain a permit pursuant to the provisions of this chapter, the applicant
must establish that the proposed use of water.
(a) Is a reasonable-beneficial use as defined in s. 373.019(4);
(b) Will not interfere with any presently existing legal use of water; and
(c) is consistent with the public interest.

(2) The governing board or the department may authorize the holder of a use
permit to transport and use ground or surface water beyond overlying land, across county
boundaries, or outside the watershed from which it is taken if the governing board or


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department determines that such transport and use is consistent with the public interest,
and no local government shall adopt or enforce any law, ordinance, rule, regulation, or
order to the contrary. Notwithstanding any policies contained in part I of this chapter.
when evaluating whether a potential interdistrct or intraditrict transport of ground or
surface water is consistent with the public interest, the governing board or the department
shall consider
Wt the proximity of the proposed source of water to the area in which it is to be
used or applied and
4 other economically and technically feasible alternatives to the source being
proposed. including but not limited to desalination. ruse. stormwater. and aquifer
storage and recovery.

(3) The governing board'orthe department, by regulation, may reserve from use
by permit applicants, water in such locations and quantities, and for such seasons of the
year, as in its judgment may be required for the protection of fish and wildlife or the public
health and safety. In making such reservation, the goveming board or department shall
balance the reeds of__l usm ofl=W- wue s fw r, water su wat ualitv protection and flood
control for the body of water or source. Such reservations shall be subject to periodic
review and revision in the light of changed conditions. However, all presently existing
legal uses of water shall be protected so long as such use is not contrary to the public
interest.




22. WATER SUPPLY
23. WATER SUPPLY DEVELOPMENT ON PUBLIC LANDS

373.196 Legislative findings.-
(1) It is the finding of the Legislature that cooperative efforts between
municipalities, counties, private utilities.. reginal water supply authorities, water
management districts, and the Department of Environmental Protection are mandatory in
order to meet the water aupal needs of rapidly urbanizing areas in a manner which will
provide supply adequate and dependable supplies of water when and where needed
without resulting in adverse effects upon the areas from whence such water is withdrawn.
Such efforts musteheuld utilize all technically, economicallf and envirnmlntally feasible
preetical means of obtaining and conserving water including, but not limited to, the
sustainable use withdrawal of surface water and ground water groudwater, recycling
of stormwater and wastewater, waet -water- and desalinization, and aquifer storage and
recovery. and will necessitate not only cooperation but also well-coordinated activities.
The purpose of this act is to provide additional statutory authority for such cooperative
and coordinated efforts.

(2) Municipalities and counties are encouraged to create regional water supply
authorities as authorized herein. It is further the intent of the Legislature that while
municipalities, counties, private utilities, and regional water supply authorities should are


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to have the primary responsibility for water supply, the water management districts and
their basin boards must eangae in regional water suplyv planning development research
and regulation to meet current and future needs of Florida's citizens, businesses.
agriculture and natural environment nra to engage o ,nl in those function tht ar
inidental to tho oxoesroiso of their flood cPntrol and wator mnnoagomont powOrc.

(3) Nothing herein shall be construed to preclude the various municipalities and -
counties from continuing to operate existing water production and transmission facilities
or to enter into cooperative agreements with other municipalities and counties for the
purpose of meeting their respective needs for dependable and adequate supplies of
water, provided the obtaining of water through such operations shall not be done in a
manner which results in adverse effects upon the areas from whence such water is
withdrawn.


373.1961 Water supply development planning and production.-
(1) In the performance of, and in conjunction with, its other powers and duties,
the goveming board of a water management district existing pursuant to this chapter:

(a) Shall engage in water suply research development and planning to assist
counties, municipalities, private utilities, and eO regional water supply authorities in
meeting water supply needs in such manner as will give priority to encouraging
conservation and reducing adverse environmental effects of improper or excessive
withdrawals of water from concentrated areas. As used in this section, regional
water supply authorities are regional water authorities created under s. 373.1962
or other laws of this state.

-(g) May acquire title to such interest as is necessary in real property, by
purchase, gift, devise, lease, eminent domain, or otherwise, for water production
and transmission consistent with this section. However, the district shall not use
any of the eminent domain powers herein granted to acquire water and water
rights already devoted to reasonable and beneficial use or any water production
or transmission facilities owned by any county, municipality, or regional water-
supply authority. The district may exercise eminent domain powers outside of its
district boundaries for the acquisition of pumpage facilities, storage areas,
transmission facilities, and the normal appurtenances thereto, provided that at least
45 days prior to the exercise of eminent domain, the district notifies the district
where the property is located after public notice and the district where the property
is located does not object within 45 days after notification of such exercise of
eminent domain authority. Real property acquired by the districts under any land
acquisition program may be used for water supply purposes. including water
production and transmission. provided such uses are sustainable and compatible
with the purposes for which the property was acquired.


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373.59 Water Management Lands Trust Fund.-
(3)
(a) Moneys from the Water Management Lands Trust Fund shall be used for
acquiring the fee or other interest in lands necessary for water management-watef
supply, and the conservation and protection of water resources -e .xp- that- ik
mona shall not be2 sed for the acquisition of rightO Of a for oanAlc or
pipeines. Such moneys shall also be used for management, maintenance, and
capital improvements. Interests in real propertacquird by the districts under this
section may be used for water supply pumoses. inlding water production and
transmission. orovkida such uses are sustainable and compatible with the
purposes for which the propefrt was acquired. Lands acquired with moneys from
the fund shall be managed and maintained in an environmentally acceptable
manner and, to the extent practicable, in such a way as to restore and protect their
natural state and condition.


259.032 Conservation and Recreation Lands Trust Fund; purpose.-
(4) Lands acquired under this section shall be for use as state-designated
parks, recreation areas, preserves, reserves, historic or archaeological sites, geologic or
botanical sites, recreational trails, forests, wilderness areas, wildlife management areas,
or other state-designated recreation or conservation lands; or they shall qualify for such
state designation and use if they are to be managed by other governmental agencies or
nonstate entities as provided for in this section. Lands acquired under this section may
be used for water supply purposes. including water production and transmission. provided
such uses are sustainable and compatible with the purposes for which the lands were


acquired.
(9)
(a)


All lands managed under this section shall be:
1. Managed in a manner that will provide the greatest combination of
benefits to the public and to the resources.
2. Managed for public outdoor recreation which is compatible with the
conservation and protection of public lands.
3. Managed for water supply purposes. including water production and
transmission. provided suh uses arem sustainable and compatible with the
ourposs. for which the lands were acquired.
4. Managed for the purposes for which the lands were acquired,
consistent with paragraph (11)(a).


Management may include the following public uses: fishing, hunting, camping,
bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding,
diving, birding, sailing, jogging, and other related outdoor activities.

NOTE: The following subsection, codified in the Florida Preservation 2000 Act (
259.101), already provides for the possibility of P-2000 lands being used for water
supply, as long as the use would not adversely affect the tax-free status of the
funding bonds:


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,1... L I3i1


259.101 Florida Preservation 2000 Act.-

(7) ALTERNATE GOVERNMENTAL USE OF ACQUIRED LANDS.-
(a) The Board of Trustees of the Internal Improvement Trust Fund, or, in the
case of water management district lands, the owning water management district,
may authorize the granting of a lease, easement, or license for the use of any
lands acquired pursuant to subsection (3), for any governmental use permitted by
s. 17, Art. IX of the State Constitution of 1885, as adopted by s. 9(a), Art. XII of the
State Constitution and which is determined by the board or the owning water
management district to be compatible with the purposes forwhich such lands were
acquired.
(b) Notwithstanding the provisions of paragraph (a), no such lease, easement,
or license shall be entered into by the Department of Environmental Protection or
other appropriate state agency if the granting of such lease, easement, or license
would adversely affect the exclusion of the interest on any revenue bonds issued
to fund the acquisition of the affected lands from gross income for federal income
tax purposes, as described in s. 375.045(4).




24. CONSUMPTIVE USE OF WATER

Statutory codification not required.




25. CONSUMPTIVE USE PERMIT DURATION

373.236 Duration of permits.-

(1) If the criteria set forth in 373.223 are met permits must be granted for a
period of 20 years except as otherwise provided by law. The goveming board or the
department may. ho~ar. issue permits for shorter durations if requested by the
applicant or if the applicant's adherence to a remedial action plan requires periodic
evaluation. Pemwfte mry be granted for any perd of Br not oR94d6ig 2 .Mrs Tha
govrning board or the department may base duraon a$ permits on a roaornblo syStetm
-of 986~if0cation according to ouro, of "pply or t"S of u. or both.

lal Any permXt iMued for a duration of 20 years may include a condition
reuiring the pgrmaf t submit an interim reporter 10 years to establish
continued comaVanos with the rules of the consumptive use Dermittirng roaram in
effect on the date the permit was issued. The filing of such interim report. and the
goveming board's or department's consideration of it. does not expose the permit
to a comDetina use evaluation under 373.233.


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(W The goveming board or department shall provide written notice to the
permitted of the requireent for filn an interim report and the date that the report
is due. If the prmittee fails to submit the interim aport within 60 days after receipt
of notice or thed d dat. whichever is later, the permit will expire 1 year from the
date that the interim report was due.

(c) After notice to the permitted and an opportunity for hearing. the goveming
board or the det mo the t the terms of a permit issued under this
section upon review of the Interim report required under paragraph (a). if:
1 The permitted fails to establish that the permitted use will continue
to comply with the consumptive use permitting program rules in effect on
the date the permit was issued:
2 The district has adopted rules subsequent to the issuance of the
permit whichporovide for minimum water conservation measures that are
tedhlgiet. ecnonmically and environmental feasible and are being
used by ermittes siia situated: or
I The district determines that technologically. economically and
environmental feasible water conservation measures or alternative water
sources being used by other permittees similarly situated are available for
use by the permittee.

Q At any time throughout the duration of a permit the permitted may seek
modification or renewal of the pemnit to implement conservation measures or to reduce
consumption by using atemative water supplies, on the basis of an existing or proposed
plan approved by the district To encourage and reward water conservation efforts and
the use of attemative water supplies. the ration of a permit so modified or renewed will
be extended to 20 years in accordance with subsection (1).

(4)L The governing board or the department may authorize a permit of duration
of up to 50 years in the case of a municipality or other governmental body or of a public
works or public service corporation whn that wMhreo&ueh period is required to provide
for the retirement of bonds for the construction of waterworks and waste disposal facilities.

(M The provisions of this section shall be construed as supplementary to. and
not in substitution of. the remaining provisions of this chapter.


373.239 Modification and renewal of permit terms.-

(1) A permitted may seek modification of any terms of an unexpired permit.

(2) If the proposed modification involves water use of 100,000 gallons or more
per day, the application must shall be treated under the provisions of s. 373.229 in the
same manner as the initial permit application. Otherwise, the governing board or the
department may at its discretion approve the proposed modification without a hearing, if
pfevided the permitted establishes that:


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(a) A change in conditions has resulted in the water allowed under the permit
becoming inadequate for the permitted's need, or
(b) The proposed modification would result in a more efficient utilization of water
than is possible under the existing permit.

(3)
SThe goveming board may modify a consumptive use permit under the
authority in s. 373.171(3). after first identify and evaluating technologically.
economically and environmentally feasible altemativas such as conservation
measures or use of alarmative sources to reduce or eliminate detrimental impacts
of the subject permit other water users or the water resources of the state.
Before making any such modification, the governing board shall consult with
existing pe~mtted users in the affected area to develop a plan and schedule for
implementing the modifications. after which any such agreed-upon modifications
must be incorporated into existing permits.
existing permttee. the governing board may modify a consumptive use to require
a reduction of water use or implementation of other measures to lessen or
eliminate the detrimental impacts in accordance with s. 373.171(3).

4(3W All permit renewal applications must shall be treated under this part in the
same manner as the initial permit application.




26. PRIORITY AMONG COMPETING USES

373.233 Competing applications.-
(1) If two or more applications which otherwise comply with the provisions of this
part are pending for a quantity of water that is inadequate for both or all, or which for any
other reason are in conflict, the governing board or the department has shall have the
right to approve or modify the application which best serves the public interest. In
determining which application best serves the public interest substantial weight must be
given to an applicant seeking renewal of a permit.

(2) In the event that two or more competing applications qualify equally under
the provisions of subsection (1), the governing board or the department must shall give
preference to a renewal application over an initial application.




27. CONCEPT OF "LOCAL SOURCES FIRST"

See pages 11-12 of this document.


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1,11ill







28. FLOOD PROTECTION WORKS


Statutory codification not required.




29. FLOOD PROTECTION (Water Quanti REGULATION

Statutory codification not required.




30. AQUATIC PLANT CONTROL

212.69 Distribution of proceeds.-

(1) Moneys collected pursuant to this part shall be deposited in the Gas Tax
Collection Trust Fund created by s. 206.875. Such moneys, exclusive of the service
charges imposed by s. 215.20, and exclusive of refunds granted pursuant to s. 212.67,
shall be distributed monthly to the State Transportation Trust Fund, except that:

(a) S25.000.000 $76360,000 shall be transferred to the Department of
Environmental Protection in each fiscal year. The transfers must be made in equal
monthly amounts beginning on July 1 of each fiscal year. $1,250,000 of the
amount transferred shall be deposited annually in the Motorboat Revolving Trust
Fund and must be used by the department to fund special projects to provide
recreational channel marking, public launching facilities, and other boating-related
activities. The department shall annually determine where unmet needs exist for
boating-related activities, and may fund such activities in counties where, due to
the number of vessel registrations, insufficient financial resources are available to
meet total water resource needs. The remaining proceeds of the annual transfer
shall be deposited in the Aquatic Plant Control Trust Fund and must be used for
aquatic plant management, including nonchemical control of aquatic weeds,
research into nonchemical controls, and enforcement activities. Beginning in fiscal
year 1993-1994, the department shall allocate at least $1 million of such funds to
the eradication of melaleuca.

259.032 Conservation and Recreation Lands Trust Fund; purpose.-
(11)
(d) 2. Forth 1I 5 1 06 6C=ral year only, fud Funds in the Conservation
and Recreation Lands Trust Fund that are not specifically appropriated for
the interim management of public lands pursuant to subparagraph 1. may
be appropriated for the control and eradication of nuisance aquatic plants
in public water bodies. Thi- ,ubpa arph is repealed on July 1, 10


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327.28 Motorboat Revolving Trust Fund; appropriation and distribution.-
(1) Except as otherwise specified and less any administrative costs, all funds
collected from the registration of vessels through the Department of Highway Safety and
Motor Vehicles and the tax collectors of the state shall be deposited in a Motorboat
Revolving Trust Fund for recreational channel marking; public launching facilities; law
enforcement and quality control programs; aquatic weed control; manatee protection,
recovery, rescue, rehabilitation, and release; and marine mammal protection and
recovery. The funds collected pursuant to s. 327.25(1) shall be transferred as follows:

(c) Four Two dollars from each noncommercial vessel registration fee, except
that for class A-1 vessels, shall be transferred to the Aquatic Plant Control Trust
Fund for aquatic weed research and control.
(d) Thirty F4y percent of the registration fees from commercial vessels shall
be used for law enforcement and quality control programs.
(e) Eifty Fety percent of the registration fees from commercial vessels shall be
transferred to the Aquatic Plant Control Trust Fund for aquatic plant research and
control.


373.59 Water Management Lands Trust Fund.-

(1) There is established within the Department of Environmental Protection the
Water Management Lands Trust Fund to be used as a nonlapsing fund for the purposes
of this section. The moneys in this fund are hereby continually appropriated for the
purposes of land acquisition, management, maintenance, capital improvements, payments
in lieu of taxes, and administration of the fund in accordance with the provisions of this
section. In addition, for fisel yea 19064 4N4. moneys in the fund that are not revenues
from the sale of any bonds and that are not required for debt service for any bond issue
may be used to fund activities authorized under the Surface Water Improvement and
Management Act, pursuant to ss. 373.451-373.4595, and for the control of aquatic weeds
pursuant to part of chapter 369. Up to 25 percent of the moneys in the fund may be
allocated annually to the districts for management, maintenance, and capital
improvements pursuant to subsection (7).




31. WATER QUALITY STANDARDS

373.403 Definitions.- When appearing in this part or in any rule, regulation, or
order adopted pursuant thereto, the following terms mean:
(11) "State water quality standards" means water quality standards adopted
pursuant to chapter 403. Except as otherwise provided by law where the Environmental
Regulation Commission has established a narrative (non-numeric) standard for a
particular constituent in Chapter 62-302. Florida Administrative Code. a water
management district or the department may apply the standard by calculating the


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constituent's maximum load for a specific watercourse or water body. and may implement
that maximum load calculation in its ermitting programs. Prior to implementation.
however, the constituent's maximum load calculation must be subject to peer review and
approved by the Secretary of the department after notice of proposed agency action
under chapter 120. The Secretary's approval of the maximum load calculation is the sole
point of entry for an administrative challenge of the maximum load calculation for that
watercourse or water body.


403.061 Department; powers and duties.- The department shall have the power
and the duty to control and prohibit pollution of air and water in accordance with the law
and rules adopted and promulgated by it and, for this purpose, to:

(11) Establish ambient air quality and water quality standards for the state as a
whole or for any part thereof, and also standards for the abatement of excessive and
unnecessary noise. Except as otherwise provided by law. where the Environmental
Regulation Commission has establiMhd a narrative (non-numeric) standard for a
particular constituent in Chapter 62-302. Florida Administrative Code. a water
management district or the department may apply the standard by calculating the
constituents maximum load for a specific watercourse or water body. and may implement
that maximum load calculation i its permitting programs Prior to implementation.
however, the constituents maximum load calculation must be subject to peer review and
approved by the Secretary of the department after notice of proposed agency action
under chapter 120. The Secretary's approval of the maximum load calculation is the sole
point of entry for an administrative challenge of the maximum load calculation for that
watercoue or water bhy. The department is authorized to establish reasonable zones
of mixing for discharges into waters.




32. LAND USE PLANNING

163.3177 Required and optional elements of comprehensive plan; studies
and surveys.-
(6) In addition to the requirements of subsections (1)-(5), the comprehensive
plan shall include the following elements:
(a) A future land use plan element designating proposed future general
distribution, location, and extent of the uses of land for residential uses,
commercial uses, industry, agriculture, recreation, conservation, education, public
buildings and grounds, other public facilities, and other categories of the public and
private uses of land. The future land use plan shall include standards to be
followed in the control and distribution of population densities and building and
structure intensities. The proposed distribution, location, and extent of the various
categories of land use shall be shown on a land use map or map series which
shall be supplemented by goals, policies, and measurable objectives. Each land


-20-







use category shall be defined in terms of the types of uses included and specific
standards for the density or intensity of use. The future land use plan shall be
based upon surveys, studies, and data regarding the area, including the amount
of land required to accommodate anticipated growth, the projected population of
the area, the character of the undeveloped land, ground water and surface water
resources and the arsent and future availability of the water supply, the availability
of public services; and the need for redevelopment, including the renewal of
blighted areas and the elimination of nonconforming uses which are inconsistent
with the character of the community. The future land use plan may designate
areas for future planned development use involving combinations of types of uses
for which special regulations may be necessary to ensure development in accord
with the principles and standards of the comprehensive plan and this act. The land
use maps or map series shall generally identify and depict historic district
boundaries and shall designate historically significant properties meriting protection.
The future land use element must clearly identify the land use categories in which
public schools are an allowable use. When delineating the land use categories in
which public schools area an allowable use, a local government shall include in the
categories sufficient land proximate to residential development to meet the
projected needs for schools in coordination with public school boards and may
establish differing criteria for schools of different type or size. Each local
government shall include lands contiguous to existing school sites, to the maximum
extent possible, within the land use categories in which public schools are an
allowable use. All comprehensive plans must comply with this paragraph no later
than October 1, 1996. An amendment proposed by a local government for
purposes of identifying the land use categories in which public schools are an
allowable use is exempt from the limitation on the frequency of plan amendments
contained in s. 163.3187.




33. MINIMUM FLOWS AND LEVELS

373.042 Minimum flows and levels.-
LJ In accordance with the provisions of this section. %Within ach eotion, ortho
wt.r manO.age.. nt ditrit,, ,o a whole, the department or the governing board shall
establish the following:
((4f Minimum flow for all surface watercourses in the aea. The minimum flow
for a given watercourse is shall-be the limit at which further withdrawals would be
significantly harmful to the water resources or ecology of the area.
(b)(3) Minimum water level. The minimum water level is shallbe the level of
ground water in an aquifer and the level of surface water at which further
withdrawals would be significantly harmful to the water resources of the area.

Q,2 The minimum flow and minimum water level must shall be calculated by-the
department and thoe gov~ring board using the best information available. When


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appropriate, minimum flows and levels may be calculated to reflect seasonal variations.
The department and the govering board shall also consider, and at their discretion may
provide for, the protection of nonconsumptive uses in the establishment of minimum flows
and levels.

Q It is the intent of this subsection to expedite establishment of minimum flows
and levels on a priority basis. By November 15 of each year. the goveming board of
each district shall preare an inventory of surface wastes and ground waters. in order of
priority, for which minimum flow and levels will be atabia d within the next calendar
year. The inventory must include a schedule of dates by which the district anticipates
establishing those minimum flows and levels. as wal as a plan listing the surface waters
and ground waters for which minimum flows and level will be established during the
following 5 ymrs. The gowvming board shall submit the annual inventory, schedule and
5-year plan for review and comment to the department and the chairs of legislative
committee having substantive jurisdiction over water management districts. The
prioritization of sruface waters and rnd water must be basad on the importance of
the waters to th state or region and the potential for significant harm as set forth in
subsection .

4 For purposes of establishing minimum flows and levels, the determination
of significant harm is to be based upon a balancing f:
W(a Water quality factors. including:
1 Fitratifi and absorption of nutrients and other pollutants:
2 Sediment loads: and
3 Other water quality considerations.
b Environmantra values associated with coastal. estuarine. aquatic and
wetlands ecoloyv. including:
L Fish and wildlife habitats and the passage of fish:
2 Estuarine resources: and
3. Transfer of dltrital material.
SProtei of ater rancrcw inluding:
1 Maintenance of freshwater storage and supply:
2, Flcd rainatian neeamand
3. Maintarnce of the designated uses of the water body or aquifer:
1 Natural seasonal fluctuations in water flows and levels:
( Pennrmtted uaaa of the water body: and
(1f Other uses made of the water body. including:
1J Recration in and on the water
Aesthic and scenic attributes
3. Navigation: and
4, Other non-permitted legal uses of the water source.

5 Establishment of minimum flows and levels for a particular water course.
water body. or aquifer shall not be presumed to require restoration to historic or
redevelopment conditions.


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34. ISSUANCE OF PERMITS BY DISTRICT STAFF


373.083 General powers and duties of the governing board.-ln addition to
other powers and duties allowed it by law, the governing board is authorized to:
g4 Delegate to its executive director or his designee the authority to issue
permits authorized by this chapter unless the district has mcivad a timely written request
that a permit be considered by the govemingo board. In daliaating this permit issuance
authority, the governing board must prescribe with particularity the circumstances under
which final agency action may be taken by the executive director or his designee.
Delegation under this subsection must not reduce the notice requirements otherwise
imposed by this chapter or chapter 120.




35. WETLANDS AND NATURAL SYSTEMS:
CLARIFICATION OF STATUTORY CRITERIA

373.414 Additional criteria for activities in surface waters and wetlands.-
(2) The governing board or the department may is authorized-to establish by
rule specific permitting criteria, in addition to the other criteria in this part, which provides
(a) one or more size thresholds of isolated wetlands below which impacts on fish
and wildlife and their habitats will not be considered. These thresholds must shall
be based on biological and hydrological evidence and usage by threatened or
endangered species which that shows the fish and wildlife values of the eswA
areas to be minimal.
-(b) C ritr f'cr the pGrot oo of th raatfeno d and ndn pred spcieQs in, s ieoltd
wAtlands r-gards0 ac of siz an d land ucS.




36. CONSISTENT PROCEDURAL RULES AMONG DISTRICT

During its meeting of Jaruary 30, 1996, the Commission decided that this
recommendation did not require statutory codification.




37. DISTRICT SUPERVISION OF CHAPTER 298 DISTRICTS

NOTE: The proposed changes to Chapter 298 are quite extensive; the next fifteen
pages set out statutory language to implement the Commission's recommendations
relating to water control districts established under Chapter 298.


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298.005 Dafinition.- When aopearing in this chapter, the following terms and
phrases have the meaning ascribed to them in this section:

0 "District water management plan" means the long-ranoe comprehensive
planning document pwared by a Chapter 373 water management district for
implementation of its water resource management res-on shiiities. including water supplv.
flood protection water quality management. and protection of natural systems. A district
water management plan provides general direction and strategies for the activities.
programs and rules of the water management district, and may be implemented by
program development water resource projects. land acquisition. funding. technical
assistance. facility operations. and rule development. A district water management plan
is a planning document and is not self-executing: only those portions adopted through
formal administrative rlemaking are binding and enforceable.

Q2 "Jurisditional water management district" means the Chapter 373 water
management district or districts within which the lands encompassed by a water control
district are located.

2 "QOwner"' mans Tho word "cwnOr" dofinod. The wod "owGr.3" usod in
thi chaptr-, sohll moan the owner of the freehold estate, as appears by the deed record,
and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall
not be counted and need not be notified by publication, or served by process, but shall
be represented by the present owners of the freehold estate in any proceeding under this
chapter.


4 '"Water control district" means a special district estal
with s 298 01 and oneratino under the provisions of this chapter.


listed in accordance


S "Water cntroa plan" means the comprehensive operational document that
describes the activists and improvements to be conducted by a water control district
authorized under this chapter Alternativel described as a "plan of reclamation" or "water
management lan" prior to October 1 1997. a water control olan details the system of
water management impemQed by a water control district to protect lands encompassed
within its boundaries from overflow or damage by water.


298.07 Amending former decree incorporating district; changing boundary
lines and water cnrol management plan; form of notice; objections, hearing, and
determination on petition.-

(1) The board of supervisors or the jurisdictional water management district
Doparmn ef nronfe f nte al _rPeCtien, for and on behalf of any district organized under
the provisions of this chapter, or the owners of land adjacent to such district, shall have
the right to file a petition, which shall be subscribed to and acknowledged, in the office
of the clerk of the court organizing the district, or, if the district was created by a special
act of the Legislature, with the clerk of the circuit court in which a majority of the lands
within the district are located, praying the court to amend the district by correcting the


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_0 'li I ii







names of the landowners, by striking out any such names, or by adding, striking out, or
correcting the description of any land within or alleged to be within the boundary lines of
any such district. The petition may ask permission of the court to amend or change the
water coltrl management plan, or to correct any errors, omissions, or other mistakes that
have been discovered in the water control management plan; or the petition may ask that
the boundary lines of the district be extended so as to include lands not described by, and
included in, the petition. If such petition asks the court's permission to change the water
contl management plan, or in any manner to change the boundary lines of the district,
it shall also ask the court to appoint three commissioners, as provided for under the
provisions of s. 298.30, to appraise the land that shall be taken for rights-of-way, holding
basins, or other work or to assess the benefits and damages to any or all lands, public
highways, and railroad and other property already in the district or that may be annexed
to the district by the proposed amendments and changes to the water control
managOment plan or the proposed change in the boundary lines of the district. If the
petition proposes to change the boundary lines of the district, there shall be attached to
the petition, and published with the notice required by subsection (2), a map or plat of the
county or counties in which the proposed district shall be located, showing the proposed
location of the new boundary lines of the district and the section, township, and range
lines, together with natural geographic features and existing roads, streets, and highways.

(3) Any owner of land or other property located in the district; any owner of land
or property located outside of the district that will be affected by the proposed changes,
amendments, and corrections enumerated in the petition; and the jurisdictional water
maMnaement district Dr-.---nt f .-.rome.-M- PS .eIo. shall have the right to file
objection to the granting of the prayer of the petition within the time allowed in this
section. The court shall hear the petition and all objections that may have been filed
against the petition in a full and complete hearing on a day to be named by the court or
the judge thereof upon application of any party interested and shall enter its decree
according to its findings.

(4) The clerk of the court shall, within 10 days after the granting of the decree,
transmit a certified copy of the petition to the secretary of the board of supervisors and
also shall transmit a copy of the same to each of the clerks of the circuit courts of the
counties having land in the district and to the Department of State. Each such clerk shall
file and record the same in his or her office, and for such filing and recording the clerk
shall receive a service charge as provided in s. 28.24. If the decree of the court provides
that the water central plan th plan of re.lamai n" may be amended, changed, or
corrected or that the boundary lines of the district may be extended, the court shall
appoint three commissioners, possessing the same qualifications as the commissioners
appointed under the provisions of s. 298.30, to appraise property to be taken, assess
benefits and damages, and estimate the cost of improvements, the same as is required
of commissioners acting under the provisions of s. 298.32. The commissioners shall
make their report in writing and file it with the clerk of the circuit court. The
commissioners' report shall be heard and considered by the circuit court at the hearing
to grant or deny a petition to amend or alter district boundaries, taxes, assessments, or
water control plans of recl-mation and maintenance. However, the commissioners' report
required to be mailed to each landowner by this section shall include the total amount of


-25-







the current and prior year operating budget of the district and only those portions of the
assessment of benefits and damages attached to such report which describe specific
benefits and damages to that landowner's property, and shall be accompanied by a
written notice that a copy of the complete report is available for inspection at the office
of the clerk of the circuit court. If the petition is dismissed, the district shall pay the cost;
but if the petition is sustained in whole or in part, the objectors shall pay the court costs
incurred by reason of the objections.

(5) In addition to the publication of notice, a copy of the petition and the
attached map or plat shall be served on the jurisdictionq water management district,
G..o.r d I. r ,_. h. V.or -, ;.n whh I dk. deorbed in t'he petti n- ar it.. atd-;- and on
the board of county commissioners of the county, and the governing body of any
municipality, in which the lands are situ ated; nd n th D -MOn Of -cA.r-nImn..I1
Preteetiln, in the manner provided by the Florida Rules of Civil Procedure for the service
of pleadings and papers on parties. In addition thereto, a copy of the notice as published
and a copy of the petition and the attached map or plat shall be served by the petitioner
on each person owning land within, and on each person owning land immediately
adjacent and contiguous to, the boundaries of the existing or proposed district as shown
on the current tax roll, in the manner provided by the Florida Rules of Civil Procedure for
the service of pleadings and papers on parties. The parties served and receiving notice
by mail shall have 20 days after the date of service or the date of mailing, or the time
allowed in the published notice, in which to file objections to the amendment of the former
decree. The jurisdictional U aementn district d Department of E;irnmnal
Protection shall, in the case of every petition, file with the court its objections,
recommendations, or proposed amendments to the petition. Service of process may be
waived in writing.


298.11 Election of board of supervisors; duties of Department of
Environmental Protection and Goaornr dules.-
(3) The Department of Environmental Protection, at any such meeting, may
represent the state, and shall have the right to vote for supervisors, or upon any matter
that may come property before said meeting to the extent of the acreage owned by the
state in such district, provided such acmeag is subject to assessment by the water control
district. which vote may be cast by any person designated by said department. 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 case the owners of a majority of the acreage included in such
district are not present in person or duly represented, at the time and the 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 Governor. who dopartmont, which
shall as 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.


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.. I I I .







(4) Any elected or appointed eWh supervisor so appointed by th department
may be removed by the Govenor department for ma nc. misfeasance dishonesty,
incompetency, or failure to perform the duties imposed upon him or her by this chapter,
and any vacancies which may occur in any such office so filled by appointment shall be
filled by the Goveror aidepatme as soon as practicable.

(5) The Melboume-Tillman Water Control District shall have five supervisors.
Three supervisors shall be elected by the landowners pursuant to the applicable
provisions of this section. Two supervisors, who are district residents, shall be appointed
by the Brevard County Board of County Commissioners by majority vote at a regularly
scheduled commission meeting for a term of 3 years. The commission may publish notice
of this meeting and may take any public testimony which, in its discretion, it feels might
bear upon such appointments. Should the landowners fail to elect a supervisor for any
reason, the Goverr department shall not have power to appoint; instead, the Brevard
County Board of County Commissioners shall appoint a competent person who owns land
in said district within 30 days. A supervisor so appointed shall hold office until a successor
is elected or appointed. Any supervisor appointed by the Brevard County Board of County
Commissioners may be removed by the board for dishonesty, incompetency, or failure
to perform the duties imposed on him or her by this chapter.


298.12 Annual election of supervisors; term of office; vacancy.-

(1) Every year in the same month after the time for the election of the first board
of supervisors, it shall call a meeting of the landowners in the district in the same manner
as is provided for in s. 298.11, and the owners of land in such district shall meet at the
stated time and place and elect one supervisor therefore, or in case of their failure to elect,
the G"ovmnor Depar- m tf En.r e- P~- shall appoint such supervisor, in
like manner as prescribed in s. 298.11, who shall hold the supervisor's office for 3 years
or until his or her successor is elected and qualified; and in case of a vacancy in any
office of supervisor elected by the landowners, the remaining supervisors, or if they fail
to act within 30 days, the GomrL p.-- Eana P-. .tue... may fill such
vacancy until the next annual meeting, when a successor shall be elected for the
unexpired term.



298.15 Record of proceedings.- The board of supervisors of any district
organized under this chapter shall cause to be kept a well-bound book, entitled "record
of board of supervisors of district," in which shall be recorded minutes of all meetings,
proceedings, certificates, bonds given by all employees and any and all corporate acts,
which record shall at all times be open to the inspection of anyone interested, whether
taxpayer or bondholder. Copies of the record of proceedings shall be filed with the clerk
of the circuit court of the county or counties in which district lands are located and. uzon
request with the jurisdictional water management district Department of Er ironmetal
Pretestien. Any interested person, whether landowner or not, shall be permitted to inspect
the record of proceedings.


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1,11,







298.16 Appointment of chief eitineer; engineer's bond and duties.-
(2) The chief engineer shall have control of the engineering work in said district
and may, whenever he or she deems it necessary, confer with the chief engineer-of this
state, or the jurisdictional water management district D .partmont of En..irnmental
PRoteetion, and he or she may, by and with the consent of the board of supervisors,
consult any eminent engineer and obtain his or her opinion and advice concerning the
reclamation of lands in said districts. The said engineer shall make all necessary surveys
of the lands within the boundary lines of said district, as described in the petition, and of
all lands adjacent thereto that will be improved or reclaimed in part or in whole by any
system of drainage that may be outlined and adopted.

.(3) The engineer shall make a report in writing to the board of supervisors, with
maps and profiles of said surveys,.which report shall contain a full and complete plan for
draining and reclaiming the lands described in the petition, or adjacent thereto, from
overflow or damage by water, with the length, width and depth of such canals, ditches,
dikes or levees, or other works that may be necessary, in conjunction with any canals,
drains, ditches, dikes, levees or other works heretofore constructed or built by the Board
of Trustees of the Internal Improvement Trust Fund, or any. other person, that may now
be in process of construction, or which may be hereafter built by them, that may be
necessary or which can be advantageously used in such plan for reclamation; and also,
an estimate of the costs of carrying out and completing the water control plan of
Feelamatiwn, including the cost of superintending the same and all incidental expenses in
connection therewith. Maps and profiles shall also indicate so far as necessary the
physical characteristics of the lands, and location of any public roads, railroads and other
rights-of-way, roadways and other property or improvements located on such lands. A
copy of the report required by this section shall be filed with the jurisdictional water
managemenM district .Depa.Wment o ironment-Weal 2Fetci .


298.22 Powers of gien supervisors t effot l-re lamaton 'of land in ditrict -
In order to effect the drainage, protection, and reclamation of the land in the district
subject to tax, 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 jursdictional water
manamement district Dpartm-ot of En.-vien. t-al Prtectimn, and with any natural
stream, lake, or watercourse in or adjacent to said district.

(7) May undertake environmental activities to improve water quality.

(8)7) May adopt rules to implement the purposes of this chapter.


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(9)(8) May assess and collect reasonable fees for the c6hnection to and use of the
works of the district.

(19) May implement and authorize eeontartion-of only those acttis and
improvements outlined in the water control plan of eelemation described in s. 298.225.


298.225 Water control plan: plan adoption and revision.-

0} Effective October 1. 1997. any plan of reclamation or water management
plan developed and implemented by a water control district created by this chapter or by
special act of the Legislature will be known as a "water control plan."

(Z, By October 1. 199. the board of supervisors of each water control district
must develop or revise the district's water control plan to reflect the minimum
requirements Mt forth in subsection (3) The water contr plan must bhe consistent with
those portions of the district water management plan of the jurisdictional water
management district that have been impemented by rule.

(L Each water control plan must contain, at a minimum:

a) Naative describing the statutory responsibilities and powers of the
water control distrFi and the character and needs of the land within its boundary
with respect to drainage. reclamation and protection.

(2) A map delineating the legal boundary of the water control district and
identifying any subditricts or units within the district.

Narrativ dcriptions of all exisin distdrictfacilities and their purpose
and function, an a a depicting their locations.

L EngJneiering rawings and narrative sufficient to describe each
facility's capacity for the management and storage of surface waters and potable
water suppiv. if applicable.

Wfi A description of any environmental or water quality program the water
control district has implemented or plans to implement.

(t A, A map and narrative describing any area outside the water control
district's legal boundary for which the district provides services.

g WDetailed descriptions of facilities and services the water control district
plans to provide within five years.

(b} A description of the administrative structure of the water control
district.


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. 1 ,j J, i







} Copies of any agreements between the water control district and
other governmental entities.

f The engineer's report prepared for plan adoption or revision.

Wj 3 The water control district's budget and revenues sources for the
current year and a list of expenditures for the previous two fiscal years.

( An explanation of th conMistncv between the water control plan and
those portions of the district water management plan of the jurisdictional water
management district that have been implemented by rule.

(4 Upon initial completion or subsequent revision of its water control plan. the
board of supervisors must submit the plan t the jurisdictional water management district
for the consistency determination required by subsectian (2). Within 60 days after receipt
of the water control plan. the goveming board of the jurisdictional water management
district must review the plan for consistency wih te district water management plan and
recommend to the board of supervisors any mproMsed changes. Within 60 days after
receipt of the goveming board's recommended changes. the board of supervisors must
incorporate the changes in the water control plan or state in the plan specific reasons for
not incorporating the changes. The goveming board must then issue a written
determination of the water control plan's consistency or inconsistency with the district
water management plan. Upon issuance of a consistency determination, the water control
plan must be filed with the secretary of the board of supervisors and copied into the
records of the water control district. A copy of the water control plan must be filed with
the jurisdictional water management district and the local general purpose government.

(5 The beatr of supervisors must review and revise the water control plan at
least every five yvars following initial development and adoption of the plan.


298.24 Bridge construction.- All bridges contemplated by this chapter and all
enlargements of bridges already in existence shall be built and enlarged according to and
in compliance with the plans, specifications and orders made or approved by the chief
engineer of the district. If any such bridge shall belong to any corporation, or be needed
over a public highway or right-of-way of any corporation, the secretary of said board of
supervisors shall give such corporation notice by delivering to its agent or officer, in any
county wherein said district is situate, a copy of the order of the board of supervisors of
said district declaring the necessity for the construction or enlargement of said bridge.
A failure to construct or enlarge such bridge, within the time specified in such order, shall
be taken as a refusal to do said work by said corporation, and thereupon the said board
of supervisors shall proceed to let the work of constructing or enlarging the same atthe
expense of the corporation for the cost thereof, which costs shall be collected by said
board of supervisors from said corporation, by suit therefore, if necessary. But before said
board of supervisors shall let such work, it shall give some agent or officer of said
corporation, authorized by the laws of this state to accept service of summons, or upon
whom service of summons for said corporation might be made, at least 20 days' actual


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11 1 11





nC


notice of the time and place of letting-such work. Any owner of land, within or without the
district, may, at the owner's expense, and in compliance with the terms and provisions of
this chapter, construct a bridge across any drain, ditch, canal, or excavation in or out of
said district. Each district shall have full authority to construct and maintain any ditch or
lateral provided in its water control plan. "pan of m amation," across any of the public
highways of this state, without proceedings for the condemnation of the same, or being
liable for damages therefore. Within 10 days after a dredge boat or any other excavating
machine shall have completed a ditch across any public highway, a bridge shall be
constructed and maintained over such drainage ditch where the same crosses such
highway; provided, however, the word corporation as used in this section shall not apply
to counties.


298.25 Type of bridges over drains in large counties.- Whenever any district
cuts or digs a drain, canal or ditch across any public highway, in counties having a
population of not less than 130,000, according to the last preceding state census, the
style, type and character of such bridge shall be determined by the engineer of the county
and the chief engineer of the district, and approved by a majority of the board of county
commissioners as soon as the water control plan of relaxation, locating such canals,
drains or ditches, is filed in the office of the clerk of the circuit court of the county or
counties in which the lands within the district are located; and the cost of the same, as
estimated by the chief engineer of the district, shall be included by the commissioners of
the district in the assessment for the construction of the water control plane of reeamtion.


298.26 Chief engineer to make annual reports to supervisors; approval of
reports; water control management plan.- The chief engineer shall make a report in
writing to the board of supervisors once every 12 months or as directed by the board and
ofteonor, .if Ms beard. shall s require. Upon receipt of the final report of said engineer
concerning the surveys made of the lands contained in the district organized and the
lands adjacent thereto and for reclaiming the same, the board of supervisors shall adopt
such report, or any modification thereof approved by the chief engineer, after consulting
with him or her or someone representing the chief engineer. Thereafter such adopted
report shall be the plan for draining or reclaiming such lands from overflow or damage by
water, and it shall, after such adoption, be pa1. g k-w.n a-- designated- the water
control management plan., wh.h plan shall be fil d wi.th the ioroter;" of the bard of
suporwisero and copied by the *eorwte"a into the rords of. tho* district A copy of all guch
a~nnal repefts and Otl.w wtr. manageloment Vlan hdo be tiled- i the DOp onat of
Enwirenmontal ProtetiuMon. At Is"ct oce e 5a- yars the dopartmmnt shall review the
waer mAnSAgment Ranf-proose ah imt may deom PrOpor.


298.27 When plan insufficient, supervisors have power to make new plans;
additional levy; may issue bonds; procedure.-
(1) Where the works set out in the water control plan th plan of reOclamatio" of any
district are found insufficient to reclaim, in whole or in part, any or all of the lands of the


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district, the board of supervisors shall have the right to formulate new or amended plans,
containing new canals, ditches, levees or other works, and additional assessments may
be made in conformity with the provisions of s. 298.32, the same to be made in proportion
to the increased benefits accruing to the lands because of the additional works.

(2) If it should be found at any time that the amount of total tax levied under the
provisions of s. 298.36, or that the funds derived from the sale of bonds under the
provisions of ss. 298.47-298.50, are insufficient to pay the cost of works set out in the
water control plan. "the plan of ro amain," the board of supervisors may make an
additional levy to provide funds to complete the work and, in addition thereto, 10 percent
of said total amount for emergencies; and, if in their judgment it seems best, may issue
bonds not to exceed the amount of said additional levy.

(3) If it should be found, at any time, that the water control plan -f -relmation as
adopted requires modification by widening, lowering or deepening the canals or ditches,
or widening or raising the levees, or enlarging or improving the other works authorized by
the water control plan of re am.ton, or the construction of additional canals, ditches or
levees, and that the amount of the total tax levied under the provisions of s. 298.36, or
that the funds derived from the sale of bonds under the provisions of ss. 298.47-298.50,
are not sufficient to carry out the water control plan -ofe Imation with such modification,
the board of supervisors may file its petition in the office of the clerk of the court
organizing said district, praying the court's permission to change the water control plan
e eelamation and asking the court to appoint three commissioners, as provided for under
the provisions of s. 298.30, to appraise the land that shall be taken for such enlarged or
improved works and assess the benefits and damages to any or all lands, public
highways, railroads or other property in the district by the proposed amendments and
changes to the water control plan-e f cremation.

(4) Notice of the filing of such petition shall be given, and a hearing shall be held, and
commissioners shall be appointed in the same manner as provided in s. 298.07,
possessing the same qualifications as commissioners appointed under the provisions of
s. 298.30; who shall appraise the property to be taken, assess benefits and damages and
estimate the cost of improvement; and who shall proceed in the manner provided in s.
298.32. The commissioners may, in a proper case, confirm any previous assessment
made under the provisions of this chapter. Said commissioners shall make report in
writing, and file the same with the circuit court clerk, after which the same shall be
proceeded with in the same manner as is now provided for in the case of an original
incorporation and assessment.

(5) After the lists of lands with the assessed benefits and the decree and judgment
of court have been filed in the office of the clerk of the circuit court, as provided in s.
298.34, then the board shall have power to levy an additional tax of such portion of said
benefits on all lands in the district to which benefits have been assessed, as may be
found necessary by the board of supervisors to pay the increased cost of the completion
of the proposed works and improvements, as shown in the water control plan. said-"plan
of reclamation," as amended, including the cost of superintending the same, and all
incidental expenses in connection therewith; and, in addition thereto, 10 percent of said


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total amount for emergencies; and, if-in their judgment it seems best, may issue bonds
not to exceed the amount of said additional levy. The additional taxes authorized to be
levied under the provisions of this section shall be levied and collected in the same
manner as taxes levied under the provisions of s. 298.36.

(6) Bonds issued under the provisions of this section shall draw interest at a rate not
to exceed 7.5 percent per annum, payable semiannually, and shall be made payable at
such time and at such place as the board of supervisors may determine. Any additional
tax authorized to be levied under the provisions of this section shall be apportioned to,
and levied upon, each tract of land in said district in proportion to the benefits assessed
and not in excess thereof, and in case bonds are issued as herein provided, then the
amount of the interest (as estimated by said board of supervisors), which will accrue on
such bonds, shall be included and added to the said additional levy. The interest to
accrue on said bonds shall not be included as part of the cost of construction, in
determining whether or not the expenses and costs of making the improvements shown
in the water control plan of reclamation are equal to, or in excess of the benefits
assessed.


298.28 Watercourses to be connected with drainage of district; connecting
drains after completion of plan of drainage.- At the time of the construction, in any
district incorporated under this chapter, of the water control plan heplan of. reclamation",
all canals, ditches or systems of drainage already constructed in said district and all
watercourses shall, if necessary to the drainage of any lands in said district, be connected
with and made a part of the works and improvements of the plan of drainage of said
district, but no canals, ditches, drains, or systems of drainage constructed in said district,
after the completion of the aforesaid plan of drainage of said district, shall be connected
therewith, unless the consent of the board of supervisors shall be first had and obtained;
which consent shall be in writing and shall particularly describe the method, terms and
conditions of such connection, and shall be approved by the chief engineer. Said
connection, if made, shall be in strict accord with the method, terms, and conditions laid
down in said consent. If the landowners wishing to make such connection are refused
by the board of supervisors, or decline to accept the consent granted, the said
landowners may file a petition for such connection in the circuit court having jurisdiction
in said district, and the matter in dispute shall in a summary manner be decided by said
court, which decision shall be final and binding on the district and landowners. No
connection with the works or improvements of said plan of drainage of said district, or with
any canal, ditch, drain or artificial drainage, wholly within said district, shall be made,
caused or affected by any landowners, company or corporation, municipal or private, by
means of, or with, any ditch, drain, cut, fill, roadbed, levee, embankment or artificial
drainage, wholly without the limits of said district, unless such connection is consented
to by the board of supervisors, or in the manner provided for in this chapter.


298.30 Appointment of commissioners for appraisal of lands.- Within 20 days
after the adoption of the water control plan -f relmation, the secretary of the board of
supervisors shall prepare and transmit a certified copy thereof to the clerk of the circuit


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court organizing said district; and at the same time, a board of supervisors shall file with
said clerk a petition asking the judge of said court to appoint three commissioners to
appraise the lands within and without said district to be acquired for rights-of-way, holding
basins and other drainage works of the district, and to assess benefits and damages
accruing to all lands in the district by reason of the execution of the water cotrl plan-of
eelematien. Immediately after the filing of such petition, the judge of said court shall, by
an order, appoint three commissioners, who shall be freeholders residing within the state,
and who shall not be landowners in said district, nor of kin within the fourth degree of
consanguinity to any person owning land in said district. A majority of said
commissioners shall constitute a quorum and shall control the action of the board on all
questions.


298.31 Clerk to notify commissioners of appointment; meeting of
commissioners; duties of clerk; organization of commissioners.- The clerk of the
circuit court, upon the filing of said order of appointment, shall notify each of said
commissioners of his or her appointment by written or printed notice, and in the same
shall state the time and place for the first meeting of said commissioners; the secretary
of the board of supervisors, or his or her deputy, shall attend such meeting, and shall
furnish to said commissioners a complete list of lands, described in the petition or
adjacent thereto, that will be affected by carrying out and putting into effect the water
control plan. ofeellamatin, and the names of the owners of such lands, as shown in the
petition and the decree of the court incorporating the district. Said secretary shall also
fumish to said commissioners a copy of the water cfntl plan of r-elamation, with maps
and profiles in his or her office. The commissioners at said meeting, or within 10 days
thereafter, shall each take and subscribe to an oath that they will faithfully and impartially
discharge their duties as such commissioners and make a true report of the work done
by them. The said commissioners shall, also, at said meeting, elect one of their own
number chair, and the secretary of the board of supervisors, or his or her deputy, shall
be ex officio secretary of said board of commissioners during their continuance in office.


298.32 Proceedings and duties of commissioners; duties of district attorney
and chief engineer; assessment; extension of district boundaries.-
(1) Immediately after qualifying, as provided in s. 298.31, the commissioners
shall begin their duties. They may, at any time, call upon the attorney of the district for
legal advice and information relative to their duties, and the chief engineer or one of the
chief engineer's assistants shall accompany said commissioners when engaged in the
discharge of their duties and shall render his or her opinion in writing when called for.
Said commissioners shall proceed to view the premises and determine the value of all
lands, within or without the district, to be acquired and used for rights-of-way, holding
basins or other works set out in the water control plan- of eelemation. They shall assess
the amount of benefits, and the amount of damages also, if any, that will accrue to each
governmental lot, 40-acre tract, or other subdivision of land (according to ownership),
public highways, railroads and other rights-of-way, not traversed by such works and
improvements, from carrying out and putting into effect the water control pla- ef
reclamation theretofore adopted. The commissioners, in assessing the benefits to lands,


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I 1







public highways, railroad and other rights-of-way, not traversed by such works and
improvements, as provided for in the water control plan-fel ramatin, shall not consider
what benefits will be derived by such property after other ditches, improvements or other
plans for reclamation shall have been constructed, but they shall assess only such
benefits as will be derived from the construction of the works and improvements set out
in the water control plan of rel-ematin, or as the same may afford an outlet for drainage
or protection from overflow of such property. The commissioners shall give due
consideration and credit to any other canal, drain, ditch, dike, levee, or other system of
reclamation which may have already been constructed and which affords partial or
complete protection to any tract or parcel of land in the new district The public highways,
railroads and other rights-of-way, shall be assessed according to the increased physical
efficiency and decreased maintenance cost of roadways, by reason of the protection to
be derived from the proposed works and improvements. The commissioners shall have
no power to change the water control plan-e f rkeeltie provided for in this chapter.

(2) The board of commissioners shall prepare a report of their findings, which
shall be arranged in tabular form, the columns of which shall be headed as follows:
column one, "owner of property assessed"; column two, "description of property
assessed"; column three, "number of acres assessed"; column four, "amount of benefits
assessed"; column five,"amount of damages assessed"; column six, "number of acres to
be taken for rights-of-way, holding basins, etc."; column seven, "value of property to be
taken." They shall also, by and with the advice of the engineer of the district, estimate the
cost of the works set out in the water cool plane of reelamation, which estimate shall
include the cost of property required for rightsof-way, holding basins and other works and
damages, and the probable expense of organization and administration, as estimated by
the board of supervisors, and shall tabulate the same. Said report shall be signed by at
least a majority of the commissioners and filed in the office of the clerk of the circuit court
organizing such district. The secretary of the board of supervisors, or his or her deputy,
shall accompany said commissioners while engaged in their duties, and shall perform all
clerical work for said board. He or she shall also, under the advice, supervision, and
direction of the attorney for the district, prepare their report. Said board of commissioners
shall report to the board of supervisors the number of days each has been employed and
the actual expenses incurred. Each commissioner shall be paid $5 per day for his or her
services, and reimbursed for travel expenses as provided in s. 112.061. In case the report
of said commissioners shall contain assessments of benefits and damages to lands not
included in the original petition as signed and filed, the board of supervisors shall file in
the office of said clerk a petition praying that the court grant permission for the extension
of the boundary lines of said district, so as to embrace all lands that will be benefited, as
shown by the report of said commissioners. After such petition has been filed, the same
shall be proceeded with in accordance with the provisions of this chapter, governing the
extension of boundary lines of districts.


298.33 Form of notice of filing of commissioners' report; publication of
notice.-
(3) A copy of the report of the commissioners, together with a copy of the above
notice as published, shall be served on the jurisdictional water management districtand


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created under chapter 373 in :hich itho Iands re ._ tua tod; the board of county
commissioners of the county, and the governing body of any municipality, in which the
lands are situated; and the Depart mnt of nironmontal ProteLcn, i in the manner
provided by the Florida Rules of Civil Procedure for the service of pleadings and papers
on parties. In addition thereto, a copy of the portion of the commissioners' report
containing those portions of the assessment of benefits and damages attached to such
report which describe specific benefits and damages to that landowner's property,
together with a written notice that a copy of the complete report is available for inspection
at the office of the clerk of the circuit court and a copy of the above notice as published,
shall be mailed by the petitioner to each person owning land within, and to each person
owning land immediately adjacent and contiguous to, the boundaries of the district as
shown on the current tax roll.

(4) When a district has authority by special or local legislation to designate units
within the district for development and to adopt a water control management plan or plans
for such units, then a copy of the report of the commissioners as to the unit of
development together with a copy of the above notice as published shall be mailed only
to each owner of land located within the boundaries of the unit and served on the
agencies as provided in subsection (3).


298.34 Filing exceptions to report; hearing; determination by court; appeal;
recording of decree.-
(1) The jrisdictonal water managementdis trid Dparf Eal
Poteetioe shall, and the water control district, or any owner of land or other property to
be affected by said report may, file exception to any part, or all, of the report of said
commissioners within the time specified in s. 298.33.

(2) All exceptions shall be heard and determined by the court in a full and
complete hearing so as to carry out liberally the purposes and needs of the district. If it
is shown, upon the hearing of all of said exceptions, that the estimated cost of
construction of improvements contemplated in the water cntrl management plan is less
than the benefits assessed against the lands in said district, the court shall approve and
confirm said commissioners' report; but, if the court, upon hearing the objections filed,
finds that any or all such objections should be sustained, it shall order the report changed
to conform with such findings, and when so changed the court shall approve and confirm
such report and enter its decree accordingly.


298.35 Powers of supervisors to carry out the water control plan "the-plaR
of re-lamation"; engineer to be superintendent of works.- The board of supervisors
of the district shall have full power and authority to build, construct, excavate, and
complete any and all works and improvements which may be needed to carry out,
maintain, and protect the water control plan. "the pln of roc..matAon." To accomplish that
end the said board of supervisors may employ persons and teams and purchase
machinery, employ persons to operate same, and directly have charge of and construct
the works and improvements in such manner, or by use of other or more efficient means


- 36 -







than provided for in the plans adopted. They may, at their discretion, let the contract for
such works and improvements, either as a whole or in sections, and when such contracts
are let they shall be advertised and let to the lowest and best bidder, who shall give a
good and approved bond, with ample security, conditioned that he or she will well and
promptly carry out the contract for such work and improvements; which contract shall be
in writing and to which shall be attached and made a part thereof, complete plans and
specifications of the work to be done and improvements to be made under such contract,
which plans and specifications shall be prepared by the chief engineer and shall be incor-
porated in, and attached to, the contract; such contract shall be prepared by the attorney
for the district and approved by the board of supervisors and signed by its president and
the contractor, and executed in duplicate. The chief engineer shall be the superintendent
of all the works and improvements, and shall, at least once each year and when required,
make a full report to said board of all work done and improvements made, and make
suggestions and recommendations to the board as he or she may deem proper.


298.36 Assessing land for reclamation; apportionment of tax; lands
belonging to state assessed; drainage tax record.-
(1) After the lists of lands, with the assessed benefits and the decree and
judgment of court, have been filed in the office of the clerk of the circuit court as provided
in s. 298.34, then the board of supervisors shall, without any unnecessary delay, levy a
tax of such portion of said benefits, on all lands in the district to which benefits have been
assessed, as may be found necessary by the board of supervisors to pay the costs of the
completion of the proposed works and improvements, as shown in said water control plan
oefeelamateion and in carrying out the objects of said district and, in addition thereto, 10
percent of said total amount for emergencies. The said tax shall be apportioned to, and
levied on, each tract of land in said district in proportion to the benefits assessed, and not
in excess thereof.

(2) in case bonds are issued, as provided in this chapter, a tax shall be levied
in a sum not less than an amount, 90 percent of which shall be equal to the principal of
said bonds. The amount of bonds to be issued for paying the cost of the works as set
forth in the water contr plan ef rOdemeMati shall be ascertained and determined by the
board of supervisors; provided, however, that the total amount of all bonds to be issued
by the district shall in no case exceed 90 percent of the benefits assessed upon the lands
of the district. The amount of the interest (as estimated by said board of supervisors),
which will accrue on such bonds, shall be included and added to the said tax, but the
interest to accrue on account of the issuing of said bonds shall not be construed as a part
of the costs of construction in determining whether or not the expenses and costs of
making said improvements are equal to, or in excess of, the benefits assessed.


298.467 Jurisdictional water management district Department not authorized
to borrow money, etc.- In the exercise of its powers, duties, and functions relating to
water control districts as set forth in this chapter, the jurisdictional water management
district Department of EnAironetal DProtetin shall not have the authority to borrow
money, issue notes, or incur indebtedness.


- 37 -







298.55 Readjustment of assessment of benefits; petition; notice; hearing;
determination; readjustment once every 5 years.-
(2) Upon the hearing of the petition, if the court shall find that there has been
a material change in the values of the lands in the district since the last previous
assessment of benefits, the court shall order that there be made a readjustment of the
assessment of benefits for the purpose of providing a basis upon which to levy the
maintenance tax of the district. Thereupon, the court shall appoint three commissioners
possessing the qualifications of commissioners appointed under s. 298.30 to make such
readjustment of assessment in the manner provided in s. 298.32. The commissioners
shalt make their report, and the same proceedings shall be had thereon, as nearly as may
be, as are provided for the assessment of benefits accruing for original construction,
except that in making the readjustment of the assessment of benefits the commissioners
shall not be limited to the aggregate amount of the original or any previous assessment
of benefits. In the event there is no such readjustment of benefits for a period of 5 years,
the urisdictinalnaement district Depu,.meat EofvironwM..t- PrtetiR a may
file a petition praying for a readjustment of the assessment of benefits with the clerk of
the circuit court organizing the district The court shall consider the petition in the same
manner as provided above for petitions filed by owners within the district.


298.59 Supervisors authorized to obtain consent of United States.- In case
the water control plane of -relamatin of any district organized and incorporated under this
chapter and the improvement provided thereunder be of such nature as requires the
permission or consent of the Govemment of the United States, or any department or
officer of the Government of the United States, the board of supervisors of the district may
obtain the required permission or consent of the Govemment of the United States or any
proper officer or department thereof; and to that end the board of supervisors may bind
the district to comply with any conditions that may be attached to such permission or
consent, including the giving of any bond or other obligation for the faithful performance
of such conditions.





38. ALTERNATIVE DISPUTE RESOLUTION

373.120 Alternative dispute resolution process.-

(11 If a disagreement arises after issuance or publication of a staff report.
oroosed rule. proposed consent order. or proposed agency action. a permit applicant.
the district. or a third party may request mediation of the disagreement. Upon receipt of
a written request for mediation, the district must inform interested parties that mediation
has been requested and provide them with information on mediation procedures and
mediator selection. Participation in mediation is voluntary for all parties and does not
affect or abrogate any party's rights under chanter 120. except for the tolling of time
limitations as provided in subsection (2).


-38-







0 A timely written request for mediation or waiver by the permit applicant. or
a written agreement among all mediation Dartiipants. will toa the time limitations imposed
by this chapter for agency action on the permit application and by chapter 120 for filin
a petition for an administrative hearing. To initiate the dtion process. the permit
applicant. the agency, and any third part that ramuested mediation must execute a written
agreement that provides for selection of a mediator payment of the mediator's fees and
costs, and participation by other parties or exerts. Costs of mediation must be borne
equally by the participants. unless one or more parties voluntarily assumes all or a
disproportionate share of the costs in order to make mediation available. The permit
applicant may ask other interested persons to participate without cost

Qa Unless otherwise agreed by the permit applicant. final agency action must
be taken on the permit application within sixty days or the second meeting of the
governing board following the district's receipt of the written request for mediation. The
mediation process described in this section does not require the use of a professional
mediator and may include any form of alternative dispute resolution that is agreeable to
the participants.

(4 Any agreement or document prepared. agreed to. and executed by the
mediation participants is a public record under chapter 119. The actions or statements
of all participants in the mediation process. however, are to be regarded as evidence of
an offer to compromise and thus inadmissible in subsequent administrative or judicial
proceedings under s. 90.408. If mediation results in settlement of the disagreement. the
staff report. proposed rule. proposed consent order, or proposed agency action will be
revised to incorporate the agreement of the participants and submitted to the goveming
board for approval. If mediation terminates without settlement of the disagreement. the
mediator must immediately ile a written report with the goveminb board. upon which the
time limitations tolled under ubsection 2) will be reinstated.





39. RULEMAKING: LEAST COST ALTERNATIVE

373.113 Adoption of regulations by the governing board.-In administering the
provisions of this chapter the governing board shall adopt, promulgate, and enforce such
regulations as may be reasonably necessary to effectuate its powers, duties, and
functions pursuant to the provisions of chapter 120. Al s~tantive rules adopted must
represent the least costly alternative that accomplishes the goals of the statute being
implemented. while considering the benefit to the public and the cost to the regulated
community.


-39-







40. RULEMAKING: PRESUMPTION OF CORRECTNESS

120.54 Rulemaking; adoption procedures.-
(4)
(d) Hearings held under this provision shall be conducted in the same manner
as provided in s. 120.57 except that the hearing officer's order shall be final
agency action. Thee is no presumption that the proposed rule is a valid exercise
of delegated legislative authority. The agency proposing the rule and the person
requesting the hearing shall be adversary parties. Other substantially affected
persons may join the proceeding as parties or intervenors on appropriate terms
which will not substantially delay the proceedings. Failure to proceed under this
subsection shall not constitute failure to exhaust administrative remedies.


120.56 Administrative determination of rule by hearing officer.-

(5) Hearings held under this provision shall be conducted in the same manner
as provided in s. 120.57 except that the hearing officer's order shall be final agency
action. There shall be no presumption that the rule is a valid exercise of delegated legisla-
tive authority The petitioner and the agency whose rule is attacked shall be adversary
parties. Other substantially affected persons may join the proceedings as parties or inter-
venors on appropriate terms which shall not unduly delay the proceedings. Failure to
proceed under this section shall not constitute failure to exhaust administrative remedies.




41. BETTER COMMUNICATION WITH THE PUBLIC

Statutory codification not required.




42. MODIFICATIONS TO AGRICULTURAL PERMITTING

A. 373.1162 Valuntary. Integrated management programs.- The department.
water management district. and Department of Agriculture and Consumer Services are
directed to tinl devlop and impIemant voluntary. integrated "whole farm" and forestry
management programs that would include non-regulatorv. incentivebased alternatives for
agricultural and forestry activi-s. The integrated management programs would focus on
more efficient or effective resource management that could result in a net environmental
benefit when compared to conventional regulatory programs. Examples of such programs
include the Suwannee River Water Management District's Forestry and Agriculture
Resource Management (FARM) Program and the Southwest Florida Water Management
District's Agricultural Ground and Surface Water Management (AGSWM) Program. The
development and implementation of the integrated programs will require the coordination


-40-


4 1







and cooperation of other aovemmental agencies to identify all regulatory functions
involved in aariculture and silviculture activities. including federal and local governmental
entities. and should include appropriate delegation of regulatory functions to achieve the
goals of consolidation and simplification of regulatory roarams.


B. 373.1161 Consolidation of permit processing.-

} Whenever implementation of programs authorized or delegated under this
chapter would result in the department or water management district processing two or
more separate permits or authorizations for the same activity or project. the department
or goveming board may procedurally consolidate the separate permitting or authorization
process by establishing a single.application. permit application fee. noticing procedure.
schedule for agency review. and final agency action on the consolidated permit or
authorization.

) Procedural consolidation processes established under subsection (1) are
exempt from the rulemakin requirements of chapter 120 and must not impose additional
regulatory criteria, standards or guidelines.




43. ENVIRONMENTAL PROTECTION ACT ( 403.412, F.S.)

No statutory codification required.


-41 -







LAND ACQUISITION, PLANNING & MANAGEMENT


44. NO INCREASED REGULATION
45. RESTRICTION ON USE OF MAPS
46. NOTICE TO PROPERTY OWNERS
47. VOLUNTARY NATURE OF PARTICIPATION

186.514 Limitationr on land acquisition and conservation prorams.-
Land acquisition and cnservation programs described in or authorized by this chapter
do not impose increased regulatory restrictions or requirements on the owners of lands
that have. been identified for psible.acquisition or conservation under the programs.
Any map. inventory. nregiser shdula or related grapic information prepared by any
state agency. commission water management district-regional planning council, special
district or local govemment can be used only for the express purpose for which it was
statutorily authorized and cannot be used or incorporated by reference into any program.
regulation, rule or ordinance unless specifically prscribM d by law. Any governmental
entity responsible for implementation of a land acausition or conservation- program
described in or authorized by this chapter must to the maximum extent practicable.
provide affected landowers with written notice that their properties have been identified
for possible acquisition or conservation under the program. Except for those land
acquisition or conservatiniprograms or projects forwhich a statutory power of eminent
domain exists if the owner of property that has been identified for possible acquisition or
conservation does not consent to inclusion of the roperty in the program or project. the
governmental entity re~spnmible for implementation ofthe land acquisition or conservation
program or project cannot include the property in the program or roiect.


187.101 Descrption of [ftate comprehensive] plan; legislative intent;
construction and application of plan.-
I4} Land acquisition and conservation programs described in or authorized bv
this chapter do notipse increased regulator restrictions or requirements on the
owners of lands that hv been identified for possible acuisition or conservation under
the prrapras Any Imap iwentory. regitr. schedule or related graphic information
prepared by any s~dtate agen commission. water management district, regional planning
council. special district or local government can be used only for the express pumose for
which it was statutorily athforizd and cannot be used or incorporated b reference into
any program. regulation rule or ordinance unless specifically prescribed by law.

M Any govmrmntal entity responsiblee for implementation of a land acquisition
or conservation program descrbed in or authorized by this chapter must. to the maximum
extant pra icable. prove affected landowners with written notice that their properties
have been identified for posaibl acquisition or conservation under the program. Except
for those land acquisition or constion ion programs or projects for which a statutory power
of eminent domain exists. if the owner of property that has been identified for possible
acquisition or conservation does not consent to inclusion of the property in the program
or project. the govemental entity responsible for implementation of the land acquisition
or conservation program or project cannot include the property in the program or project.


-42-




,, 1 Id


259.033 Limitations on land acquisition and conservation orograms.-
Land acquisition and conservation programs described in or authorized by this chapter
do not impose increased reulatory restrictions or requirements on the owners of lands
that have been identified for possible acquisition or conservation under the programs.
Any map. inventory. register schedule or related graphic information preatemd by any
state agency. commission. water management district, mreional .anning council. special
district or local government can be used only for the express pumose for which it was
statutorily authorized and cannot be used or inorporated by reference into any program. -
regulation. rule or ordinance unless specifically prescribed by law. Any overnmental
entity responsible for implementation of a land acquisition or conservation program
described in or authorized by this chapter must to the maximum extent practicable.
provide affected landowners with written notice that their properties have been identified
for possible acquisition or cnservatin under the program. Except for those land
acquisition or conservation programs or projects for which a statutory power of eminent
domain exists, if the owner of property that has been identified for possible acquisition or
conservation does not consent to inclusion of the property in the rogram or oroiect. the
govemmental entity remonsible for implementation of the land acquisition or conservation
program or project cannot include the property in the program or project.


259.101 Florida Preservation 2000 Act-
) LIMITATIONS ON LAND ACQUISITION AND CONSERVATION
PROGRAMS.- Land acquisition and conservation programs described in or authorized
by this chapter do not impose increased regulators restrictions or requirements on the
owners of lands that have been identified for possible acquisition or conservation under
the programs. Any man. inventory register schedule or related graphic information
prepared by any state agency. commission. water management district. regional planning
council, special district or local govmment can be used only for the express purpose for
whioh it was statutorily authorized and cannot be used or incorporated by reference into
any program egulatio at aor dinnce unles specifically recorded by law. Any
govemmental entity rsonsibtle for imolementation of a land acquisition or conservation
program described in or authored by this chapter must. to the maximum extent
practicable. provide affi~cd landKownars with written notice that their pMroerties have been
identified for possible acquii on or conseratBon under the program. Exceot for those -
land acquisition or conservation programs or roects for which a statutory power of
eminent domain exists, if the owner of property that has been identified for possible
acquisition or conservation does not consent to inclusion of the proerty in the oroaram
or jiet- the govemnmentaentity responsible for implementation of the land acquisition
or conservation orqramn~ or p _as=ot include the proprty in the aroomm or orotect.


372.20 Limitations on land acquisition, management research. and
conservation programs.- Land acquisition. management. research. and conservation
programs described in or authorized by this chapter do not impose increased regulatory
restrictions or requirements on the owners of lands that have been identified for possible
acquisition or conservation under the programs. Any map. inventory. register, schedule
or related graphic information prepared by any state agency. commission, water
management district, regional planning council, special district or local govemment can


-43-







be used only for the express purose for which it was statutorily authorized and cannot
be used or incorporated by reference into any roram. regulation, rule or ordinance
unless specifically escribad by law. Any governmental entity responsible for
implementation of a land acquisition, management. research, or conservation program
described in or authorized bv this chapter must to the maximum extent practicable.
rovlde affected landowners with written notice that their properties have been identified
for possible acquisition or conservation under the program. Except for those land
acquisition or conservation programs or projects for which a statutory power of eminent
domain exists if the owner of property that has been identified for possible acquisition or
conservation doge not consent to inclusion of the property in the program or project. the
governmental entity rMponsible for implementation of the land acquisition or conservation
program or project cannot include the property in the program or project.


373.06 Umitations on land acquisition and conservation proarams.-
Land ac qisition and conservation programs described in or authorized by this chanter
do not imps increased regulatory restrictions or requirments on the owners of lands
that have been identified for pgasible acquisition or coanaevation under the programs.
Any map. inventory, register. schedule or related graphic information prepared by any
state agency. commission. water management district, regional planning council, special
district or local govemment can be used only for the express purpose for which it was
stahtorily authorized and cannot be used or incorporated by reference into any program.
regulation. rule or ordinance unless specifically prescribed by law. Any governmental
entity responsible for implementation of a land acquisition or conservation program
described in or authored by this chapter must. to the maximum extent practicable.
provide affected landwnemr with written notice that their properties have been identified
for possibg e acquisition r conservation under the program. Except for those land
acquisition or conservation paomrams or projects for which a statutory power of eminent
domain exists. if the owner of property that has been identified for possible acquisition or
conservation does not consent to inclusion of the property in the program or Driect. the
govemmeralf entity re nsiba for implementation of the land acquisition or conservation
program or project cannot include the property in the program or oroiect.


373.59 Water Manag ment Lands Trust Fund.-
(1)a) There is established within the Department of Environmental Protection the
Water Management Lands Trust Fund to be used as a nonlapsing fund for the
purposes of this section. The moneys in this fund are hereby continually
appropriated for the purposes of land acquisition, management, maintenance,
capital improvements, payments in lieu of taxes, and administration of the fund in
accordance with the provisions of this section. In addition, for fiscal year
1995-1996, moneys in the fund that are not revenues from the sale of any bonds
and that are not required for debt service for any bond issue may be used to fund
activities authorized under the Surface Water Improvement and Management Act,
pursuant to ss. 373.451-373.4595, and for the control of aquatic weeds pursuant
to part II of chapter 369. Up to 25 percent of the moneys in the fund may be
allocated annually to the districts for management, maintenance, and capital
improvements pursuant to subsection (7).


-44-







(b Land acquisition and c6inrvatifn programs funded by the Water
Management Lands Trust Fund do not impose increased regulatory restrictions or
requirements on the owners of lands that have been identified for possible
acquisition or conservation under the programs. Any ma. inventory. register.
schedule or related graphic information prepared by any state agency. commission.
water management district, regional planning council. speal district or local
government can be used only for the express purpose for which it was statutorily
authorized and cannot be used or incorporated by reference into any program.
regulation rule or ordinance unless speci finally prescribed by law. Any
governmental entity responsible for implementation of a land acquisition or
conservatin program funded under this.saction must. to the maximum extent
practicabte. provideaffected landowners with written notice that their properties
have been identified for possible acquisition or conservation under the program.
Except for those land acquisition or conservation programs or projects for which
a statutory power of eminent domain exists. if the owner of property that has been
identified for poauible acquisition or conservation does not consent to inclusion of
the proaprty in the program or project the govemmental entity responsible for
implremntation of the land acquisition r conservation program or project cannot
include the property in the program or project.


375.031 Acquisition of land; procedures.- -
(1) The department is empowered and authorized to identify for acquisition
lands, water areas, and related resources and to perform all other activities necessary or
incident to improving, maintaining, selling, leasing, or disposing of land, water areas, and
related resources, and improvements thereon. Prior to the acquisition of such land by the
department, the seller of the land shall file a statement with the department disclosing, for
at least the last 5 years prior to the conveyance of title to the state, all financial
transactions concerning the land, and all parties having a financial interest in any
transaction. The Board of Trustees of the Internal Improvement Trust Fund shall hold title
to lands so acquired, but the beneficial use, control, and management shall be with the
department All lands identified for acquisition under this chapter shall be acquired with
funds from the Land Acquisition Trust Fund.

(2) Land acquisition and conservation programs described in or authorized by
this chapter do not impose increased regulatory restrictions or requirements on the
owners of lands that have been identified for possible acquisition or conservation under
the programs. Any map. inventory. register schedule or related graphic information
prepared by any state agency, commission, water management district, regional planning
council. special district or ocal govemment can be used only for the express purpose for
which it was statutorily authorized and cannot be used or incorporated b reference into
any program. reultion. rule or ordinan unlss ificllv ncrb by law. Any
governmental entity responsible for implementation of a land acquisition or conservation
program described in or authorized by this chapter must. to the maximum extent
practicable. provide affected landowners with written notice that their properties have been
identified for possible acquisition or conservation under the program. Except for those
land acquisition or conservation programs or projects for which a statutory Power of
eminent domain exists. if the owner of property that has been identified for possible


- 45-







acquisition or conservation does not consent to inclusion of the poverty in the program
or project. the governmental entity responsible for implementation of the land acquisition
or conservation program or project cannot include the property in the program or project.
[Renumber subsequent subsections.]




48. VOLUNTARY, INCENTIVE-BASED ACQUISITION PROGRAMS

Statutory codification not required.




49. ALTERNATIVE TAX INCENTIVES

Statutory codification not required.




50. DATA BASE FOR PUBLIC LANDS
52. COORDINATION OF ACQUISITION PROGRAMS

373.026 General powers and duties of the department.-
(5) Coordinate.and integrate all land acquisition programs implemented by
public and private nlt-forprofit entities in the state, and establish a procedure for the
exchange and completion of conservation land data from state agencies commissions.
water management districts local governments. and private not-for-profit entities. The
resulting comprehensive statawida data base should be further cataloged by region and
should be readily a mibla by bath public and private interests. [Renumber following
subsections.]




51. INTEGRATION OF LOCAL GOVERNMENT PROGRAMS

373.139 Acquisition of real property.-
(7) This section shall not limit the exercise of similar powers delegated by
statute to any state or local governmental agency or other person. Each water
management district must identify and integrate into district land acquisition plans the
water resource-related conservation and land acquisition programs of local governments
within the district's jurisdiction.


-46-


ii "I/







52. COORDINATION OF ACQUISITION PROGRAMS


See page 46 of this document.




53. STREAMLINED ACQUISITION PROCEDURES

Statutory codification not required.




54. MODIFY RULES TO FACILITATE PROGRAM IMPLEMENTATION

Statutory codification not required.




55. CONTINUATION OF P-2000 FUNDING

Statutory codification not required.




56. ADMINISTRATION OF P-2000 AND C.A.R.L. PROGRAMS
58. ANNUAL REPORT ON ACQUISITION PROGRAMS
66. ANNUAL REPORT ON LESS-THAN-FEE ACQUISITIONS
77. ANNUAL REPORT OF ELIGIBLE MITIGATION BANK LANDS


259.041 Acquisition ofstate-owned lands for preservation, conservation, and
recreation purposes.-

(1) Neither the Board of Trustees of the Internal Improvement Trust Fund nor
its duly authorized agent shall commit the state, through any instrument of negotiated
contract or agreement for purchase, to the purchase of lands with or without
appurtenances unless the provisions of this section have been fully complied with.
However, the board of trustees may waive any requirement of this section, except the
requirements of subsections (3), (13), and (14); or, notwithstanding chapter 120, may
waive any rules adopted pursuant to this section, except rules adopted pursuant to
subsections (3), (13), and (14); or may delegate to a water management district the
authority to negotiate. contract to purchase. and close land purchases on behalf of the
board of trustees in accordance with water management district land acquisition
procedures described in s. 373.139: or may substitute other reasonably prudent


-47-







procedures, provided the public's interest is reasonably protected. The title to lands
acquired pursuant to this section shall vest in the board of trustees as provided in s.
253.03(1), unless otherwise provided by law. All such lands, title to which is vested in the
board of trustees pursuant to this section, shall be administered pursuant to the provisions
of s. 253.03. [Subsections (2) (15) and (17) (19) omitted due to length.]

(16) By February 1 of each year. any govemmental entity that acquired or
attempted to acquire lands under the provisions of this chapter must prepare and submit
to the Governor. th President of the Senate and the Speaker of the House of
Representatives an annual report that details:
a The progress achieved by the entity in the implementation and
administration of public land acquisition programs during the prior calendar year.
) The entity's attempts to acquire less-than-fee-simple interests in lands.
obstalesd to the use of less.than.fel 'mplea acquisition alternatives encountered
by the reporting entity and specific proposals for resolving such impediments.
including approprMat recommendations for statutory modification.
(W) Lands owned or managed by the governmental entity that may be eligible
for mitigation projects or mitigation banks. [Renumber subsequent subsections.]


373.139 Acquisition of real property.-

B(v By February 1 of each year. any governmental entity that acquired or
attempted to acquire lands under the provisions f this chapter must prepare and submit
to the Govemor. the President of th Senate athe nadhe Speaker of the House of
Representatives an annual reort that details:
iW The progress achieved. by the entit in the implementation and
administration of public land acquisition programs during the prior calendar year.
(bW The entity's attempts to acquire less-than-fee-simple interests in lands.
obstacles to the use of less-than-fee-sirtmle acquisition alternatives encountered
by the reporting entity. and specific proposals for resolving such impediments.
including approriate acmmandatlan for statutory modification.
) Lands owned or managed by the governmental entity that may be eligible
for mitigation projects or mitigation banks.




57. IMPLEMENTATION OF MORE EFFICIENT PROCEDURES

Statutory codification not required.




58. ANNUAL REPORT ON ACQUISITION PROGRAMS

See 259.041(16) above.


-48-







59. FEDERAL COOPERATION

Statutory codification not required.




60. COSTIBENEFIT ANALYSIS OF CONSERVATION PROGRAMS

Statutory codification not required.




61. LESS-THAN-FEE SIMPLE INTERESTS IN LAND

373.139 Acquisition of real property.-

(1) The Legislature declares it to be necessary for the public health and welfare
that water and water-related resources be conserved and protected. The acquisition of
interests in real property for this objective shall constitute a public purpose for which
public funds may be expended.

(2) The governing board of the district is empowered and authorized to acquire
fee title to real property or and less-than-fee interests and easements therein by
purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water
storage, water management, and preservation of wetlands, streams and lakes, except that
eminent domain powers may be used only for acquiring real property for flood control and
water storage or for curing title defects or encumbrances to real property to be acquired
from a willing seller.

(3) The following provisions apply to the acquisition of less-than-fee interests
in land:
) Title to the real property forming the basis for a ess-than-fee acquisition
must not include any exception that could compromise the purpose for which the
interest would be acquired:
(W Publicracation is encouraged but not mandated on lands forming the
basis of a ess-than-fee acquisition:
( Any contract for the purchase of a less-than-fee interest in lands must
provide for completion of a physical inventory of the subject property. at the
expense of the acquiring entity prior to consummation of the purchase.
(d) Any document that conveys a less-than-fee interest in lands under this
section must be recorded in the public records of the county or counties wherein
the real property is located and must contain conditions necessary to protect the
interest being acquired. including physical access to the property sufficient 4o
enforce the conditions.


-49-


I







4X3) Title information, appraisal reports, offers, and counteroffers are confidential
and exempt from the provisions of s. 119.07(1) until an option contract is executed or, if
no option contract is executed, until 30 days before a contract or agreement for purchase
is considered for approval by the governing board. In the event that negotiation is
terminated by the district, the title information, appraisal report, offers, and counteroffers
shall become available pursuant to s. 119.07(1). Notwithstanding the provisions of this
section and s. 253.025, a district and the Division of State Lands may share and disclose
title information, appraisal reports, appraisal information, offers, and counteroffers when
joint acquisition of property is contemplated. A district and the Division of State Lands
shall maintain the confidentiality of such title information, appraisal reports, appraisal
information, offers, and counteroffers in conformance with this section and s. 253.025.
This exemption is subject to the Open Government Sunset Review Act in accordance with
2s. 119.14.

(5)(4) The governing board of the district may purchase tax certificates or tax
deeds issued in accordance with chapter 197 relating to property eligible for purchase
under this section.

(fI) Lands acquired for the purposes enumerated in subsection (2) may also be
used for recreational purposes, and whenever practicable such lands shall be open to the
general public for recreational uses.

(Z)() For the purpose of introducing water into, or drawing water from, the
underlying aquifer for storage or supply, the goveming board is authorized to hold, control,
and acquire by donation, lease, or purchase any interest in land, public or private.

f&( This section shall not limit the exercise of similar powers delegated by
statute to any state or local governmental agency or other person.




62. DISTRICT ACQUISITION PROGRAMS
65. INVENTORY OF PUBLC LANDS
77. ANNUAL REPORT OF ELIGIBLE MITIGATION BANK LANDS

253.03 Board of trustees to administer state lands; lands enumerated.-
(8)
(a) The Board of Trustees of the Internal Improvement Trust Fund shall
prepare, using tax roll data provided by the Department of Revenue, an annual
inventory of all publicly owned lands within the state. Such inventory shall include
all lands owned by any unit of state government or local government; by the
Federal Govemment, to the greatest extent possible; and by any other public
entity. The board shall submit a summary report of the inventory and a list of
major discrepancies between the inventory and the tax roll data to the President
of the Senate and the Speaker of the House of Representatives on or before
March 1 of each year.


-50-


Ui.i








(b) Commencing with the inventory and summary report due March 1. 1997. the
annual inventory must designate:
1. Publicly owned lands that could provide better economic or
environmental~ benefits to the state. Alternatives that could provide positive
economic or environmental benefits include but are not limited to. the sale
of surplus lands, leasing of land for uses compatible with the purposes for
which the interest was acquired. and conveyance of interests in land with
resttions aufficint to ensure protection of the interest retained.
L Publicly owned lands that may be eligible for mitigation projects or
mitigation banks.

(c)(b) In addition to any other parcel data available, the inventory shall include a
legal description or proper reference thereto, the number of acres or square feet
within the boundaries, and the assessed value of all publicly owned uplands. To
the greatest extent practicable, the legal description or proper reference thereto
and the number of acres or square feet shall be determined for all publicly owned
submerged lands. For the purposes of this subsection, the term "submerged
lands" means publicly owned lands below the ordinary high-water mark of fresh
waters and below the mean high-water line of salt waters extending seaward to the
outer jurisdiction of the state. By October 31 of each year, the Department of
Revenue shall furnish, in machine-readable form,-annual, current tax roll data for
public lands to the board to be used in compiling the inventory.
(d)(e) By December 31 of each year, the board shall prepare and provide to each
state agency and local government and any other public entity which holds title to
real property, including any water management district, drainage district, navigation
district, or special taxing district, a list of the real property owned by such entity,
required to be listed on county assessment rolls, using tax roll data provided by the
Department of Revenue. By March 31 of the following year, each such entity shall
review its list and inform the appropriate property appraiser of any corrections to
the list The Department of Revenue shall provide for entering such corrections on
the appropriate county tax roll.
(a)(4) Whenever real property is listed on the real property assessment rolls of the
respective counties in the name of the State of Florida or any of its agencies, the
listing shall not be changed in the absence of a recorded deed executed by the
State of Florida or the state agency in whose name the property is listed. If, in
preparing the assessment rolls, the several property appraisers within the state
become aware of the existence of a recorded deed not executed by the state and
purporting to convey real property listed on the assessment rolls as state-owned,
the property appraiser shall immediately forward a copy of the recorded deed to
the state agency in whose name the property is listed.


259.035 Advisory council; powers and duties.-
(2)
(a) The council shall, by the time of the first board meeting in February of each
year, establish or update a list of acquisition projects selected for purchase
pursuant to this chapter. Acquisition projects shall be ranked, in order of priority,


- 51 -


li J







individually as a single group or individually within up to 10 separate groups. The
council shall submit to the board of trustees, together with its list of acquisition
projects, a Conservation and Recreation Lands report. For each project on an
acquisition list, the council shall include in its report the stated purpose for
acquiring the project, an identification of the essential parcel or parcels within the
project without which the project cannot be properly managed, a management
policy statement for the project, a management prospectus pursuant to s.
259.032(9)(b), an estimate of land value based on county tax assessed values, a
map delineating project boundaries, a brief description of the important natural and
cultural resources to be protected, preacquisition planning and budgeting,
coordination with other public and nonprofit public-lands acquisition programs, a
preliminary statement of the extent and nature of public use, an interim
management budget, and.designation of a management agency or agencies.
Commencino with the Conservation and Recreation Lands report prepared for the
council's first board meeting in February 1997. the council must include in its report
an id~nttficction of those lands that will necessitate the acquisition of fee simple
interests to achieve the state's goals relating to the protection of conservation and
recreaatn lands under this chapter. The Department of Environmental Protection
shall prepare the information required by this section for each acquisition project
selected for purchase pursuant to this chapter. In addition, the department shall
prepare, by July 1 of each year, an acquisition work plan for each project on the
acquisition list for which funds will be available for acquisition during the fiscal year.
The work plan need not disclose any information that is required by this chapter
or chapter 253 to remain confidential.


373.59 Water Management Lands Trust Fund.-

(1) There is established within the Department of Environmental Protection the
Water Management Lands Trust Fund to be used as a nonlapsing fund for the purposes
of this section. The moneys in this fund are hereby continually appropriated for the
purposes of land acquisition, management, maintenance, capital improvements, payments
in lieu of taxes, and administration of the fund in accordance with the provisions of this
section. In additi, or fical ar 10496 1096, moneys in the fund that are not revenues
from the sale of any bonds and that are not required for debt service for any bond issue
may be used to fund activities authorized under the Surface Water Improvement and
Management Act, pursuant to ss. 373.451-373.4595, and for the control of aquatic weeds
pursuant to part II of chapter 369. Up to 25 percent of the moneys in the fund may be
allocated annually to the districts for management, maintenance, and capital
improvements pursuant to subsection (7).

(2)
(a) By January 15 of each year, each district shall file with the Legislature and
the Secretary of the department E--irnment-al Prete- n a report of acquisition


3 See statutory language to implement Recommendation #30 on pages 18-19 of this document.


-52-







activity together with modifications or additions to its 5-year plan of acquisition. The
report shall also include a description of land management activity. Expenditure of
moneys from the Water Management Lands Trust Fund shall be limited to the
costs for acquisition, management, maintenance, and capital improvements of
lands included within the 5-year plan as filed by each district and to the
department's costs of administration of the fund. The department's costs of
administration shall be charged proportionally against each district's allocation
using the formula provided in subsection (7). However, no acquisition of lands shall
occur without a public hearing similar to those held pursuant to the provisions set
forth in s. 120.54. In the annual update of its 5-year plan for acquisition, each
district shall identify lands needed to protect or recharge groundwater and shall
establish a plan for their acquisition as necessary to protect potable water supplies.
Lands which serve to protect or recharge groundwater identified pursuant to this
paragraph shall also serve to protect other valuable natural resources or provide
space for natural resource based recreation. Comrmncing with the annual update
due January 15 1997. each districts report must also include:
1 An identification of lands included in th district's 5-vear plan of
acquisition that will necessitate the acquisition of fee simple interests to
achieve the district's water protection and management goals: and
2 An inventory of all lands in which it holds an interest. which further
identifies:
a Lands that could provide better economic or environmental
benefits to the state. Altematives that could provide positive
economic or environmental benefits include. but are not limited to.
the sale of surplus lands, leasing of land for uses compatible with the
purposes for which the interest was acquired, and conveyance of
Interests in land with restrictions sufficient to ensure protection of the
interest retained.
bt Lands that may be eligible for mitigation projects or mitigation
banks.

(3)
(a) Moneys from the Water Management Lands Trust Fund shall be used for
acquiring the fee or other interest in lands necessary for water management-watef
upply-rand the conservation and protection of water resources, oreept that such
monoye hall not be uced for the aequicition of *right of way for Ianalc or
pipeline. Such moneys shall also be used for management, maintenance, and
capital improvements. Interests in real property acquired by the districts under this
section may be used for water supply purposes. including water production and
transmission, provided such uses are sustainable and compatible with the
purposes for which the property was acquired. Lands acquired with moneys from
the fund shall be managed and maintained in an environmentally acceptable
manner and, to the extent practicable, in such a way as to restore and protect their
natural state and condition. For each proposed acquisition of a less-than-fee
interest in land that meets water management. supply. conservation and protection
goals and for which the landowner is willing to sell a less-than-fee interest, the
acquiring entity must preDare or obtain a cost/benefit analysis of the difference


- 53 -







between acquisition of a fee ir~terit and the proposed less-than-fee interest that
includes the following: acquisition costs. management expenses. impacts to tax
revenues of the local government. and income potential from compatible revenue-
generating activities on the property. In general. the motion supported by the
lowest present value-to-cost ratio should be pursued: any exception to that general
policy requires appropriate justification.


375.031 Acquisition of land; procedures.-

(8) The department shall prepare an annual inventory of all lands in which it
holds an interest designating those that may be eligible for mitigation projects or
mitigation banks, as wll as those that could provide better economic or environmental
benefits to the state. Alternmatives that could provide positive economic or environmental
benefits include. but are not limited to. the sale of surplus lands. leasing of land for uses
compatible with the purposes for which the interest was acquired. and conveyance of
interests in land with creation s sufficient to ensure rotection of the interest retained.
The department may, if it deems it desirable and in the best interest of the program,
request the board of trustees to sell or otherwise dispose of any lands or water storage
areas acquired under this act. The board of trustees, when so requested, shall offer the
lands or water storage areas, on such terms as the department may determine, first to
other state agencies and then, if still available, to the county or municipality in which the
lands or water storage areas lie. If not acquired by another state agency or local
governmental body for beneficial public purposes, the lands or water storage areas shall
then be offered by the board of trustees at public sale, after first giving notice of such sale
by publication in a newspaper published in the county or counties in which such lands or
water storage areas lie not less than once a week for 3 consecutive weeks. All proceeds
from the sale or disposition of any lands or water storage areas pursuant to this section
shall be deposited in the Land Acquisition Trust Fund.




63. UTILIZATION OF LESS-THAN-FEE ALTERNATIVES

259.032 Conservation and Recreation Lands Trust Fund; purpose.-

(9) The following provisions apply to the acquisition of less-than-fee interests
in land:
(a) For each proposed acquisition of a less-than-fee interest in land that
otherwise rmets the criteriaf this section and for which the landowner is willing
to sell a Iess-than-fee intemrst the acquiring entity must prepare or obtain a
cost/benefit analysis of the difference between acquisition of a fee interest and the
proposed less-than-fee interest that includes the following: acquisition costs.
management expenses. impacts to tax revenues of the local government and
income potential from compatible revenue-generating activities on the property.
In general, the option supported by the lowest present value-to-cost ratio should


-54-


-.,. -' "t '. 1,







be pursued: any exception to that general policy requires appropriate justification.
(t) Title to the.real property forming the basis for a less-than-fee acquisition
must not include any exception that could compromise the purpose for which the
interest would be acquired:
(M Public recreation is encouraged but not mandated on lands forming the
basis of a less-than-fee acquisition:
W) Any contract for the purchase of a less-than-fee interest in lands must
provide for completion of a physical inventory of the subject property. at the
expense of the acuiring entity, prior to consummation of the purchase.
W) Any document that conveys a less-than-fea interest in lands under this
section must be recorded in the public records of the county or counties wherein
the real propry i l cated and must contain conditions necessary to protect the
interest baing acquired. including physical access to the property sufficient to
enforce the conditions. [Renumber subsequent subsections.]


259.101 Florida Preservation 2000 Act.
(4)
(b) The following provisions apply to the acquisition of less-than-fee interests
in land:
1 For each proposed acquisition of a less-than-fee interest in land that
otherwisemeets the cdteria of this section and for which the landowner is
willing to sell a less-than-fee interest, the acquiring entity must prepare or
obtain a cost/benefit analysis of the difference between acquisition of a fee
interest and the proposed less-than-fee interest that includes the following:
acquisition costs. Management expenses, impacts to tax revenues of the
local w m nt and income = otntial fom com le revenuelenerating
activities on the property. In generaL the option supported by the lowest
present valuatoj-co=atio should be pursued: any exception to that general
policyv requires apprmopriate justification.
2 Title to the real property forming the basis for a less-than-fee
acquisition must not include any exception that could compromise the
pummos for which the interest would be acquired:
3. Public creation is encouraged but not mandated on lands forming
the basis of a leas-than-fee acquisition:
4. Any contract for the purchase of a less-than-fee interest in lands
must provide for completion of a physical inventory of the subject property.
at the expense of the acquiring entity, prior to consummation of the
purchase.
5 Any document that conveys a less-than-fee interest in lands under
this section must be recorded in the public records of the county or counties
wherein the real poverty is located and must contain conditions necessary
to protect the interest being acquired. including physical access to the
property sufficient to enforce the conditions.

[Renumber subsequent paragraphs and subsections; references to paragraphs
(b),(c) and (d) will need to be changed throughout statutes.]


-55-


I I







375.031 Acquisition of land; procedures.-


(4) The department may acquire by purchase, lease-purchase agreement, or
otherwise, on such terms and conditions as it deems wise, any land, water areas, related
resources, or other property which it deems is reasonably necessary for outdoor
recreation or natural resources conservation under this act, and any and all rights, title,
and interest in such land, water areas, related resources, and other property, including
any public lands, parks, playgrounds, reservations, roads, or parkways, owned by or in
which any county, political subdivision, city, town, village, public agency, or officer of the
state has any right, title, or interest, or parts thereof or rights therein and any fee simple
absolute or lesser interest in private property, and fee simple absolute in, easement upon,
or the benefit of restrictions upon, abutting propertyto preserve and protect recreation and
conservation areas and projects.

(5) The following provisions apply to the acquisition of less-than-fee interests
in land
W For each proposed acquisition of a less-than-fee interest in land that meets
water management. supply conservation and protection goals and for which the
landowner is willing to sell a less-than-fee interest, the acquiring entity must
prepare or obtain a cost/benefit analysis of the difference between acquisition of
a fee interest and the proposedess-than-fee interest that includes the following:
acquisition costs. management ses. mapacts to tax revenues of the local
government. and income potential from compatible revenue-generating activities
on the property. n geneaL the option supported by the lowest present value-to-
cost ratio should be pursued: any exception to that general policy requires
appropriate ijustication.
J) Tite to thef real property forming the basis for a less-than-fee acquisition
must not include any exception that could compromise the purpose for which the
interest would be acquired:
S Z Public.reacratian is encouraged but not mandated on lands forming the
basis of a l -iethaR fa eacouisition:
Id Any contract for the purchase of a less-than-fee interest in lands must
provide for completion of a physical inventory of the subject property. at the
expense of the a acquia eti, rior to consummation of the purchase.
( Any document that conveys a less-than-fee interest in lands under this
section must ba recorded in th blic the lh county or counties wherein
the real property is located and must contain conditions necessary to protect the
interest being acquired. including physical access to the property sufficient to
enforce the conditions. [Renumber subsequent subsections.]





64. REVIEW OF APPRAISAL METHODOLOGIES

Statutory codification not required.


-56-








65. INVENTORY OF PUBLIC LANDS

See pages 50-54 of this document.




66. ANNUAL REPORT ON LESS-THAN-FEE ACQUISITIONS

See pages 47-48 of this document.




67. PUBUC ACCESS TO STATE AND DISTRICT LANDS

Statutory codification not required.




68. PRIVATE MANAGEMENT OF PUBLIC LANDS

259.101 Florida Preservation 2000 Act.-

(7) ALTERNATE GOVERNMENTAL USE OF ACQUIRED LANDS.-
(a) The Board of Trustees of the Internal Improvement Trust Fund, or, in the
case of water management district lands, the owning water management district,
may authorize the granting of a lease, easement, or license for the use of any
lands acquired pursuant to subsection (3), for any govermental use permitted by
s. 17, Art. IX of the State Constitution of 1885, as adopted by s. 9(a), Art. XII of the
State Constitution and which is determined by the board or the owning water
management district to be compatible with the purposes for which such lands were
acquired.
(b) Notwithstanding the provisions of paragraph (a), no such lease, easement,
or license shall be entered into by the Department of Environmental Protection or
other appropriate state agency if the granting of such lease, easement, or license
would adversely affect the exclusion of the interest on any revenue bonds issued
to fund the acquisition of the affected lands from gross income for federal income
tax purposes, as described in s. 375.045(4).
( The department and the water management districts shall jointly investigate
the feasibility of restructuring current limitations in Preservation 2000 revenue
bonds that restrict private resource-management activities on lands acquired with
funds generated by the bonds. In addition, the department and districts shall
obtain expert evaluation of bond restrictions that limit the use of and activities on
public conservation lands purchased with P-2000 funds. By January 1. 1997. the
department and districts shall file with the President of the Senate and Speaker of


-57-


,I I




C ;j Q-iririj.yyE~iji L Ii-.4 --Y _~L .-.l- -- ~- r a I 4 tt )- -* -*- -
-~~~~~~~~~~ASSt$A4h 'd S.:',~flWS4G i -"~h,~"~t4.datLL%~$i- ~t~rir~.-~p~C4Pt &.4-~f~ ~ ~ ~T ;- .r: ~- i


0


O


375.045 Flori Preervatin 2000 Trust Fund.-

(4) Th- Department of En*romenta Prot etion u r ensu tV proceeds
from the sat of revmeM bImndSwud pUVru to s. a7.0 filtmt*mn moneys
tri to d to th Ld 1rAcqion Tit Fund pwtwuat ts aB.ot f ~ hp
admtinlnhbut at n eglnshat ao intone Vast Us. wMilw of .remusu of
r-eveat. ends tas*pmints asstas tw ufS We asd o* o
gAmintdrfbi I*afidt tapat ik IhIriif .If w
^-kfr461= mb i ^ J,'in jh't tqt j*P bi.' i'T I
SrMMlnr~rf'Ti a )n~f~fNytIiXgipB~'iHBIy lBHBBJ~~f~f^^


1a-7.


Upon a d~anilni l p by the Depanyrimt o ro(mtection m
held in 0* thusitad.rAr0 4o a 0bmgu1 II rigS1ron bmmltS
ProbvtetilWam ntta'stbpr s
ahow fipllfriw*g im ebii M hiSt ah d lb it Wof to
approved br purtaem puwuerto the prWo"vionr of chapter 250.



69. FUNDING FOR DISTRICT LAND MANAGEMENT
Statutory codification not required.


-58-




1 11


70. CONCEPTUAL MANAGEMENT PLANS
71. FINAL MANAGEMENT PLANS

373.59 Water Management Lands Trust Fund.-

(8) Each district may use up to 15 percent of its allocation under subsection (7)
for management, maintenance, and capital improvements. Capital improvements shall
include, but need not be limited to, perimeter fencing, signs, firelanes, control of invasive
exotic species, controlled burning, habitat inventory and restoration, law enforcement,
access roads and trails, and minimal public accommodations, such as primitive campsites,
garbage receptacles, and toilets.

NOTE: New subsection (9) is created to implement Recommendation #73 infra.

(10) Prior to closing each acquisition of lands or interests therein. the goveming
board of the acquirina district must adopt a conceptual management plan that describes:
the management goals for the lands and conditions that will affect the intensity of
management: proposed management activities. inrludin restoa of deraded areas
and control of invasive exotic plant species in uplands, wetlands and waters within the
oropertv: a schedule for implementing the various states of management and for Droviding
access to the public. if applicable: an estimate of the revenue-enerating potential of the
property: provisions for protecting existing infrastructure and for ensuring the security of
the project upon acquisition: the anticipated costs of management and projected sources
of revenue including legislative appropriations to fund management needs: an estimate
of the number of employees needed to manage the property: and recommendations for
involving local goavnmmnts. volunteer groups, the former or existing landowner. or other
interested parties in the management.

(11) Not more than one year from the date that a district acquires an adequate
portion of a land acquisition or conservation project to substantially meet the management
goals contained in the can9cetual land management olan preparMd for the project under
subsection (gl. the governing board must adot a final management plan for the project
that includes. but is not limited to:
(g) A statement of the purpose for which the lands or interests therein were
acquired as defined in s. 373.139. the projected use or uses of the lands that are
consistent with those purposes. and the statutory authority for such use or uses.
(b Detailed descriptions of key maXnaemnent activities ecessarv to pmreserve.
protect. and restore natural resources within the lands. to control the spread of
exotic plant species in uplands. wetlands and waters within the lands. and to
conduct prescribed fire and other appropriate resource management activities.
( C Specifications that detail how the managing agency plans to identify. locate.
protect. and preserve. or otherwise use fragile. nonrenewable natural resources
within the property.
(d) A priority schedule for conducting management activities, based on the
purposes for which the lands or interests therein were acquired.
(W Cost estimates and funding sources. consistent with the conceptual
management plan. for conducting priority management activities, including


-59-







recommendations for cost-effective methods of accomplishing those activities.
ft A cost estimate for conducting other management activities to enhance the
natural resource value or public recreation value of the lands. including
recommendations for cost-effective methods of accomplishing those activities.

[Renumber subsequent subsections.]




72. UNIFORM CRITERIA AND FORMATS

Statutory codification not required.




73. EXOTIC SPECIES MANAGEMENT PLANS
74. LONG-TERM MANAGEMENT COSTS

253.034 State-owned lands; uses.-

(4) Each state agency managing lands owned by the Board of Trustees of the
Internal improvement Trust Fund shall submit to the Division of State Lands a
land-management plan at least every 5 years in a form and manner prescribed by rule
by the board. All management plans, whether for single-use or multiple-use properties,
shall specifically describe how the managing agency plans to identify, locate, protect and
preserve, or otherwise use fragile nonrenewable resources, such as archaeological and
historic sites, as well as other fragile resources, including endangered plant and animal
species. Land-management plans submitted by an agency shall include reference to
appropriate statutory authority for such use or uses and shall conform to the appropriate
policies and guidelines of the state land-management plan. By March 1. 1997. each state
agencyy that manages lands owned by the board must complete an "exotic plant
management plan" that details the activities and operations that the aaency will implement
to control invasive extic plant species for all lands managed by that agency. The exotic
plant management plan must include activity implementation schedules. proposed
operational budgetsand identfied sources of funding. The exotic plant management plan
must be approved in accotiance with the provisions of this subsection.
(a) The Division of State Lands shall submit a copy of each land-management plan for parcels
which exceed 160 acres in size to each member of the Land Management Advisory Council. The
council shall, within 60 days after receiving a plan from the division, review each plan for
compliance with the requirements of this subsection and with the requirements of the rules
established by the board pursuant to this subsection. The council shall also consider the propriety
of the recommendations of the managing agency with regard to the future use of the property, the
protection of fragile or nonrenewable resources, the potential for alternative or multiple uses not
recognized by the managing agency, and the possibility of disposal of the property by the board.
After its review, the council shall submit the plan, along with its recommendations and comments,
to the board. The council shall specifically recommend to the board whether to approve the plan


-60-


I 1







as submitted, approve the plan with modifications, or reject the plan.
(b) The Board of Trustees of the Internal Improvement Trust Fund shall consider the
land-management plan submitted by each state agency and the recommendations of the Land
Management Advisory Council and the Division of State Lands and shall approve the plan with or
without modification or reject such plan. The use or possession of any such lands which is not in
accordance with an approved land-management plan is subject to termination by the board.

(5) By March 1. 1997. each state agency managing lands owned by the Board
of Trustees of the Internal Improvement Trust Fund must complete and submit to the
Governor. President of the Senate and Speaker of the House a report that details the
long-term management.ccts for those lands, together with an identification of funding
sources for the management activities described. The reports must include restoration
expenses and capital prW t shortfalls. identify the sources of funding necessary to
implement and complete restoration and capital projects. and employ consistent
management cost criteria, formulas and reporting formats.

[Renumber subsequent subsections.]


259.032 Conservation and Recreation Lands Trust Fund; purpose.-

(10) Governmental agencies or nonstate entities designated to manage lands
under this section shall develop and adopt, with the approval of the board of trustees, an
individual management plan for each project designed to conserve and protect such lands
and their associated natural resources. Once a plan is adopted, the managing agency or
entity shall update the plan at least every 5 years in a form and manner prescribed by
rule of the board of trustees. Such plans may include transfers of leasehold interests to
appropriate conservation organizations designated by the Land Management Advisory
Council for uses consistent with the purposes of the organizations and the protection,
preservation, and proper management of the lands and their resources. Volunteer
management assistance is encouraged, including, but not limited to, assistance by youths
participating in programs sponsored by state or local agencies, by volunteers sponsored
by environmental or civic organizations, and by individuals participating in programs for
committed delinquents and adults. For each project for which lands were acquired prior
to July 1. 1995. the managing agency must develop and adopt bv March 1. 1997. an
"exotic plant management plan" that details the activities and operations that the agency
will implement to controll invasive exotic plant species on that project. The exotic plant
management plan must include activity implementation schedules, proposed operational
budgets and idantiad soua s of funding. and must be approved in accordance with the
provisions of thi subsection. For each project for which lands are acquired after July 1,
1995, an individual management plan and exotic plant management plan shall be adopted
and in place no later than 1 year after the essential parcel or parcels identified in the
annual Conservation and Recreation Lands report prepared pursuant to s. 259.035(2)(a)
have been acquired.
(a) Individual management plans shall conform to the appropriate policies and guidelines of
the state land management plan and shall include, but not be limited to:
1. A statement of the purpose for which the lands were acquired, the projected use
or uses as defined in s. 253.034, and the statutory authority for such use or uses.


-61-


11







2. Key management activities necessary to preserve and protect natural resources
and restore habitat, and for controlling the spread of nonnative plants and animals, and for
prescribed fire and other appropriate resource management activities.
3. A specific description of how the managing agency plans to identify, locate, protect,
and preserve, or otherwise use fragile, nonenewable natural and cultural resources.
4. A priority schedule for conducting management activities, based on the purposes
for which the lands were acquired.
5. A cost estimate for conducting priority management activities, to include
recommendations for cost-effective methods of accomplishing those activities.
6. A cost estimate for conducing other management activities which would enhance
the natural resource value or public recreation value for which the lands were acquired.
The cost estimate shall include recommendations for cost-effective methods of
accomplishing those activities.
7. A determination of the public uses that would be consistent with the purposes for
which the lands were acquired.
(b) The Division of State Lands shall submit a copy of each individual management plan for
parcels which exceed 160 acres in size to each member of the Land Management Advisory
Council. The council shall, within 60 days after receiving a plan from the division, review each plan
for compliance with the requirements of this subsection and with the requirements of the rules
established by the board pursuant to this subsection. The council shall also consider the propriety
of the recommendations of the managing agency with regard to the future use or protection of the
property. After its review, the council shall submit the plan, along with its recommendations and
comments, to the board of trustees. The council shall specifically recommend to the board of
trustees whether to approve the plan as submitted, approve the plan with modifications, or reject
the plan.
(c) The board of trustees shall consider the individual management plan submitted by each
state agency and the recommendations of the Land Management Advisory Council and the Division
of State Lands and shall approve the plan with or without modification or reject such plan. The use
or possession of any lands owned by the board of trustees which is not in accordance with an
approved individual management plan is subject to termination by the board of trustees.

By July 1 of each year, each governmental agency and each nonstate entity designated
to manage lands shall report to the Secretary of Environmental Protection on the progress
of funding, staffing, and resource management of every project for which the agency or
entity is responsible. By Marchd. 1997 each goMvernmental agency and each nonstate
entity designated to mane lands owned by the Board of Trustees of the Internal
improvement Trust Fund must complete and submit to the Governor. President of the
Senate and Speaker of the House a report that details the lonr-term management costs
for those lands. together with an identification of funding sources for the management
activities described. The reports must include restoration expenses and capital oroiect
shortfalls- identify the sources of funding necsar to imlementand coma et restoration
and capital projects. and employ consistent management cost criteria. formulas and
reporting formats.


373.59 Water Management Lands Trust Fund.-

(8) Each district may use up to 15 percent of its allocation under subsection (7)
for management, maintenance, and capital improvements. Capital improvements shall
include, but need not be limited to, perimeter fencing, signs, firelanes, control of invasive
exotic species, controlled burning, habitat inventory and restoration, law enforcement,


-62-







access roads and trails, and minimal public accommodations, such as primitive campsites,
garbage receptacles, and toilets.

(9) By March 1. 1997. each district must complete for all lands it manages:
W An "exotic plant management plan" that details the activities and operations
that the district will implement to control invasive exotic plant species on the lands.
The exotic plant management plan must include activity implementation schedules.
proposed operational budgets and identified sources of funding.
S A mod that details the lono-erm manaWgement costs for the lands. together
with an identification of funding sources for the management activities desrdbed.
The reports must include restoration expenses and capital project shortfalls.
identify the sources of funding necessary to implement and complete restoration
and capital projects. and employ consistent management cost criteria formulas
and reporting formats. Upon completion. the ko6i-term management report must
be submitted to the Governor. President of the Senate and Speaker of the House.

NOTE: See also new subsections (10) and (11) on pages 59-60 of this document,
created to implement Recommendations #70 and #71.



375.031 Acquisition of land; procedures.-

(7) The department may contract for the management or lease of acquired land,
water areas, and related resources, or improvements thereon, with any state agency for
its authorized purposes. The department may, in its discretion, require such state agency
to pay, as rentals on such land, water areas, related resources, or improvements, all or
any part of the revenues derived from the land. The managing agency must preare and
adopt a management plan. an exotic plant management lan. and a report detailing the
long-term management costs for the acquired lands, water areas. or related resources in
accordance with s. 253.034(4)and (51. s. 259.032(10). or s. 373.59(9).


375.045 Florida Preservation 2000 Trust Fund.-

(3) Any agency or district which acquires lands using Preservation 2000 funds, as
distributed pursuant to this section and s. 259.101(3), shall manage the lands to make
them available for public recreational use, provided that the recreational use does not
interfere with the protection of natural resource values. Any such agency or district may
enter into agreements with the Department of Environmental Protection or other
appropriate state agencies to transfer management authority to or to lease to such
agencies lands purchased with Preservation 2000 funds, for the purpose of managing the
lands to make them available for public recreational use. The water management districts
and the Department of Environmental Protection shall take action to control the growth
of nonnative invasive plant species on lands they manage which are purchased with
Preservation 2000 funds. By March 1. 1997. each agency or district that manages lands
acquired with Preservation 2000 funds must complete for all lands managed:


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(W An "exotic plant management plan" that details the activities and operations
that the agency or district will irnpement to control invasive exotic olant species on
the lands. The exotic plant management plan must include activity implementation
schedules. proposed operational budgets and identified sources of funding.
(W A report that details the long-term management costs for the lands, together
with an identification of funding sources for the management activities described.
The reports must include restoration expenses and capital project shortfalls.
identify the sources of funding necessary to implement and complete restoration
and capital projects. and employ consistent management cost criteria, formulas
and reporting formats. Upon completion, the lono-term management report must
be submitted to the Governor. President of the Senate and Speaker of the House.






75. ESTABLISHMENT OF MITIGATION BANKS
76. IDENTIFICATION OF MITIGATION BANK LANDS
79. COST OF MITIGATION ACTIVITY
80. MITIGATION FUND ACCOUNTS


373.403 Definitionr.- When appearing in this part or in any rule, regulation, or
order adopted pursuant thereto, the following terms mean:

0=} "Ecosystem management area" means an expanse or range of lands
sufficient in size to address major regional hydrological and ecological connections. and
may include urban. rural, developed and undeveloped lands.


373.4135 Mitigation and mitigation banking.-

11 The Legislature finds that the adverse impacts of activities regulated under
this part may be offset by the creation and maintenance of regional mitigation areas or
mitigation banks. Mitigation banks can minimize mitigation uncertainty and provide
ecological benefits. Therefore, the department and the water management districts are
directed to participate in and encourage the establishment of private and public regional
mitigation areas and mitigation banks, on district or state lands where possible and on
appropriate private lands voluntarily designated for mitigation banks or roiects.

} To provide advance notice of areas within each watershed or ecosystem
management area that could be available to offset the loss of wetland function, the
department and water management districts shall coordinate with appropriate local
governments to identify all public lands within each watershed or ecosystem management
area that may be eligible for mitigation projects or mitigation banks to be established by
public, private, or not-for-profit entities. Upon request by a private landowner. a similar
determination of eligibility could be performed for any private lands. The identification of


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. 111.1i




I,'


lands eligible for mitigation banks or.proiects within each watershed or ecosystem
management area must be completed by March 1. 1997.

Q Where the department or a water management district operates a mitigation
bank or accepts cash contributions for mitigation promed endorsed by the department or
district, the amount charged to a permit anppocant who utilies the bank or contributes to
the project shall be no less than the full cost of the mitigation bank activity or project to
the department or district. Costs associatedwith mitigation bank activities or Droiects
shall include. but not be limited to. all direct and indirect expenses for land acquisition.
land management restoration and enhancement activities.

W The department and water management districts shall establish separate
trust accounts for mitigation bank or mitigation project funds received from permit
applicants and expend those funds exclusively for acquisition and restoration projects that
will offset the wetland impacts mitigated.

( The department and the districts are directed to adopt rules by January 1,
1994, governing the use of mitigation banks. Such rules shall include:
La)(4 Circumstances in which mitigation banking is appropriate or desirable;
b)(2) Provisions for the establishment of mitigation banks by governmental,
nonprofit, or for-profit private entities with sufficientlegal or equitable interest in the
property proposed for mitigation banking;
c(3) Procedures for the review of mitigation banking proposals in a timely
manner pursuant to chapter 120;
(d4) A framework for determining the value of a mitigation bank, considering the
ecological value of the mitigation bank compared to the area where adverse
impacts to wetlands or surface waters are proposed. Mitigation banks found to be
successful prior to withdrawal of credit shall receive greater credit than mitigation
which has not yet achieved success;
(f&) Procedures for the administration of bank credits so that accounting
responsibilities are not unnecessarily duplicated between a water management
district and the department;
Lj() Requirements to ensure the financial responsibility of nongovernmental
entities proposing to develop mitigation banks;
kg)) Measures required to ensure the long-term management and protection of
mitigation banks;
031(8) Criteria for the withdrawal of mitigation credits by projects within or outside
the regional watershed or ecosaystm management area where the bank is located;
&i}() Criteria governing the contribution of funds or land to an approved mitigation
bank;
i)f44) Criteria allowing the withdrawal of credits by parties other than the party
creating the bank; and
(k)(44) Provisions for the consideration of creation, restoration, enhancement, and
preservation of wetlands and uplands as part of a mitigation bank.


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77. ANNUAL REPORT OF ELIGIBLE MITIGATION BANK LANDS


See pages 47-48 of this document.




78. EXPEDITED CONSIDERATION OF MITIGATION ALTERNATIVES


373.414 Additional criteria for activities in surface waters and wetlands.-

(1)
(b) If the applicant is unable to otherwise meet the criteria set forth in this
subsection, the governing board or the department, in deciding to grant or deny a
permit, shall consider measures proposed by or acceptable to the applicant to
mitigate adverse effects which may be caused by the regulated activity. If the
applicant is unable to meet water quality standards because existing ambient water
quality does not meet standards, the governing board or the department shall
consider mitigation measures proposed by the applicant that cause net
improvement of the water quality in the receiving body of water for those
parameters which do not meet standards. If mitigation requirements imposed by
a local government for surface water and wetland impacts of an activity regulated
under this part cannot be reconciled with mitigation requirements approved under
a permit for the same activity issued under this part, the mitigation requirements
for surface water and wetland impacts shall be controlled by the permit issued
under this part. Tofacilitate permit aooicants' assessentof wetland imacts and
potential project costs the goveming board and the department shall establish
guidelines to assist permit applicants in assessing mitigation requirements for
potential wetland impact. The guidelines must include pfear-reviewd definitions
of wetland type and the mitigation ratios that will be imposed for impacts to each
type. an inventory of mitigation banks and mitigation rowects that may be available
to offset the waland a. and sim~libed procedures to expedite the agency's
consideration of available mitiation alternatives.

(8) The governing board or the department, in deciding whether to grant or deny
a permit for an activity regulated under this part shall consider the cumulative impacts
upon surface water and wetlands, as delineated in s. 373.421(1), within the same
watershed or ecosystem management area daiagebi as defined in s. 373.403L2}
and. (1j8), of:
(a) The activity for which the permit is sought.
(b) Projects which are existing or activities regulated under this part which are
under construction or projects for which permits or determinations pursuant to s.
373.421 or s. 403.914 have been sought.
(c) Activities which are under review, approved, or vested pursuant to s. 380.06,
or other activities regulated under this part which may reasonably be expected to
be located within surface waters or wetlands, as delineated in s. 373.421(1), in the


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same watershed or ecosystem management area dF.inage-ba as defined in s.
373.403(12) and (1816), based upon the comprehensive plans, adopted pursuant
to chapter 163, of the local governments having jurisdiction over the activities, or
applicable land use restrictions and regulations.




79. COST OF MITIGATION ACTIVITY

See pages 64-65 of this document.




80. MITIGATION FUND ACCOUNTS

See pages 64-65 of this document.





























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