Florida Senate - 2021 CS for CS for SB 976 By the CommitteesCommittee on Appropriations;Environment and Natural Resources;
and EnvironmentSenator andBrodeur Natural592-02336-21 Resources;2021976c1 A bill to be entitled An act relating to a study of the Little Wekiva River;
andrequiring Senatorthe BrodeurDepartment 576-04421-21of 2021976c2Environmental AProtection, billin toconsultation bewith entitled An act relating to the protectionSt. of ecological systems;
creatingJohns s.River Water Management District, Seminole County, the Fish and Wildlife Conservation Commission, and the Department of Transportation, to conduct a study and issue a report on sediment accumulation and water quality in the Little Wekiva River by a specified date;
259.1055,providing F.S.;requirements for the report;
providingauthorizing alocal shortand title;state entities or their contractors to conduct restoration efforts during the study period;
providingrequiring legislativethe findingsdepartment and athe purposewater formanagement thedistrict Floridato Wildlifereview Corridorcertain Act;permits along the Little Wekiva River;
defining terms;
requiring the Department of Environmental Protection to take certain actions to support the Florida wildlife corridor;
providing construction;
requiring the St.
Johns River Water Management District, in consultation with the Department of Environmental Protection, Seminole County, the Fish and Wildlife Conservation Commission, and the Department of Transportation, to issue a report that includes information and updates regarding the implementation of recommendations from the Little Wekiva Watershed Management Plan Final Report dated November 2005 by a specified date;
requiring the Department of Environmental Protection and the water management district to review certain permits along the Little Wekiva River;
2419 Be It Enacted by the Legislature of the State of Florida:
2621 Section 1. Section1. The 259.1055,Department Floridaof Statutes,Environmental isProtection, createdin toconsultation read:with the St.
259.1055 FloridaJohns wildlifeRiver corridor.—Water (1) SHORTManagement TITLE.—ThisDistrict, sectionSeminole mayCounty, bethe citedFish asand Wildlife Conservation Commission, and the “FloridaDepartment Wildlifeof CorridorTransportation, Act.”shall (2) LEGISLATIVEconduct FINDINGS.—Thea Legislaturestudy findsand thatissue thisa state’sreport populationby isDecember growing31, rapidly2021, andto thatidentify landsthe andsource watersof thatsediment provideaccumulation thisin state’sthe greenLittle infrastructureWekiva River and vitaldetail habitatimprovements forto wide-rangingthe wildlife,water suchquality asand ecology of the Floridaarea panther,which needmight be achieved by efforts to beremove preservedaccumulated sediments by appropriate means, restore the natural river channel, remove invasive plants, and protected.implement protective measures.
The Legislaturereport furthermust findsinclude that the Florida wildlife corridor is an existingestimated physical,cost geographicallyfor definedeach areaimprovement consistingand ofpotential morefunding thansources. 18 million acres of land, 10 million of which are conservation lands.
(3) PURPOSE.—TheLocal purposeor ofstate thisagencies act,or andtheir ofcontractors themay Floridaconduct wildliferestoration corridorefforts itself,during is to create incentives for conservation and sustainable development while sustaining and conserving the greenstudy infrastructureperiod. that is the foundation of this state’s economy and quality of life by doing all of the following:
(a) MaintainingThe wildlifedepartment accessand to the habitatswater neededmanagement todistrict allowshall forimmediately migrationreview ofany andpermits geneticnorth exchangeof amongstS.R. regional wildlife populations.
(b) Preventing436 fragmentationwhere the Little Wekiva River is identified as the “receiving waters” to assess whether any permittee is in violation of wildlifeany habitats.permit conditions, take appropriate action to resolve any compliance issues, and remediate any impacts related to sedimentation in the Little Wekiva River and its adjacent wetland habitat.
(c) ProtectingIf thea headwaterspermittee or their contractors are found to be in violation of majorany watersheds,permit includingcondition associated with a project that has had an accumulation of sediments or has been found to have caused ecological harm to the EvergladesLittle andWekiva River, the St.permitting agencies shall levy all fines authorized by law commensurate with restoration costs.
JohnsSection River.2. This act shall take effect July 1, 2021.
(d) Providing ecological connectivity of the lands needed for flood and sea-level rise resiliency and large-scale ecosystem functions, such as water management and prescribed burns essential for land management and restoration.
(e) Preserving and protecting land and waters that are not only vital to wildlife but are critical to this state’s groundwater recharge and that serve as watersheds that provide drinking water to most Floridians and help maintain the health of downstream coastal estuaries.
(f) Providing for wildlife crossings for the protection and safety of wildlife and the traveling public.
(g) Helping to sustain this state’s working ranches, farms, and forests that provide compatible wildlife habitats while sustaining rural prosperity and agricultural production.
(4) DEFINITIONS.—As used in this section, the term:
(a) “Conserved lands” means federal, state, or local lands owned or managed for conservation purposes, including, but not limited to, federal, state, and local parks;
federal and state forests;
wildlife management areas;
wildlife refuges;
military bases and airports with conservation lands;
properties owned by land trusts and managed for conservation;
and privately owned land with a conservation easement, including, but not limited to, ranches, forestry operations, and groves.
(b) “Department” means the Department of Environmental Protection.
(c) “Florida Ecological Greenways Network” is a periodically updated model developed to delineate large connected areas of statewide ecological significance.
(d) “Florida wildlife corridor” means the conserved lands and opportunity areas defined by the department as priority one, two, and three categories of the Florida Ecological Greenways Network.
(e) “Opportunity area” means those lands and waters within the Florida wildlife corridor which are not conserved lands and the green spaces within the Florida wildlife corridor which lack conservation status, are contiguous to or between conserved lands, and provide an opportunity to develop the Florida wildlife corridor into a statewide conservation network.
(f) “Wildlife” has the same meaning as in Article II of the Wildlife Violator Compact Act, s.
379.2255.
(g) “Wildlife corridor” means a network of connected wildlife habitats required for the long-term survival of and genetic exchange amongst regional wildlife populations which serves to prevent fragmentation by providing ecological connectivity of the lands needed to furnish adequate habitats and allow safe movement and dispersal.
(h) “Wildlife crossing” means a landscape design element that connects two or more patches of wildlife habitat and that is meant to function as a safe conduit for wildlife over or beneath roads, waters, and other barriers to wildlife movement and that is designed to protect Florida panther and other critical wildlife habitat corridor connections and to reduce motor vehicle collisions with wildlife, to reduce the likelihood of injuries and mortalities to humans and wildlife from such collisions, and to reduce the potential for damage to motor vehicles from such collisions.
(5) DUTIES OF THE DEPARTMENT.—The department shall:
(a) Encourage all state, regional, and local agencies that acquire lands, including, but not limited to, the Fish and Wildlife Conservation Commission and the Department of Transportation, to include in their land-buying efforts the acquisition of sufficient legal interest in opportunity areas to ensure the continued viability of the Florida wildlife corridor.
(b) Encourage investment in conservation easements voluntarily entered into by private landowners to conserve opportunity areas.
(c) Encourage state land-buying agencies and state land management agencies to consider the conservation of opportunity areas as a multiphased project for the purpose of listing, acquisition, and management.
(d) Consider the inclusion of private funds to supplement the state’s contribution in its efforts to acquire a fee or less-than-fee interest in lands that contain recognized opportunity areas and conserved lands in the Florida wildlife corridor.
(e) Seek opportunities to attract new sources of federal funding and to strengthen existing programs to protect and conserve the Florida wildlife corridor.
(f) Encourage private landowners, through existing and future incentives and liability protections, to continue to allow their private property to be used for the preservation and enhancement of the Florida wildlife corridor.
(g) Encourage new approaches and novel financing mechanisms for long-term protection of the Florida wildlife corridor, including, but not limited to, public-private partnerships;
payments for ecosystem services;
blended financing for growth, resilience, and green infrastructure;
and support for the sustainable growth of agriculture.
(h) Encourage state and local agencies with economic and ecotourism development responsibilities to recognize the importance of the Florida wildlife corridor in encouraging public access to wildlife areas and bringing nature-based tourism to local communities and to support acquisition and development activities for preservation and enhancement of the Florida wildlife corridor.
(i) Encourage private investment in ecotourism focused on the Florida wildlife corridor.
(j) Encourage the protection, preservation, and enhancement of the natural value of the Florida wildlife corridor for current and future residents of this state.
(6) CONSTRUCTION.—This section may not be construed to authorize or affect the use of private property.
Section 2. (1) The St.
Johns River Water Management District, in consultation with the Department of Environmental Protection, Seminole County, the Fish and Wildlife Conservation Commission, and the Department of Transportation, shall issue a report by December 31, 2021, that includes information and updates regarding the implementation of recommendations from the Little Wekiva Watershed Management Plan Final Report dated November 2005.
The report must include, but not be limited to, the following information:
a description of all projects or recommendations included in the report that have been implemented and their completion dates, an analysis of how the projects or recommendations achieved the results included in the report, an analysis of costs for ongoing operation and maintenance of the constructed projects completed, a list of permit violations which may have contributed to sediment buildup north of S.R.
436, an analysis of any new projects that may benefit the watershed, and recommendations and cost estimates for future studies or projects that may be necessary to identify new or potentially significant contributors of sediment accumulation in the Little Wekiva River.
(2)(a) The Department of Environmental Protection and the water management district shall immediately review, with the goal of identifying significant contributors of sediment accumulation, any permits which the water management district has determined may have contributed to sediment buildup north of S.R.
436 to assess whether the permittee is in violation of any permit conditions.
Appropriate action to resolve compliance issues shall be undertaken pursuant to chapter 373, Florida Statutes, if the department or the water management district discovers a violation of any permit condition.
(b) As part of the review, the Department of Environmental Protection and the water management district shall review known violations of such permits since 2018 and attempt to determine, using existing information, what effects such violations may have had on sediment accumulation in the Little Wekiva River.
Section 3. This act shall take effect July 1, 2021.