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SB 2508 First Engrossed 20222508e1 A bill to be entitled An act relating to environmental resources;
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 FOR CONSIDERATION By the Committee on Appropriations 576-02627-22 20222508pb A bill to be entitled An act relating to environmental resources;
authorizing the release of state funds for specified water projects;
requiring the South Florida Water Management District to make a specified certification to the Legislature regarding its recommendations to the United States Army Corps of Engineers;
requiring the South Florida Water Management District to make a specified certification to the Legislature regarding its recommendations to the United States Army Corps of Engineers for new or modified Lake Okeechobee provisions;
providing legislative findings;
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authorizing the department to Page 1 of 25 CODING:
SB 2508 First Engrossed 20222508e1 authorizing the department to receive funds received pursuant to such an agreement or contract;
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb receive funds received pursuant to such an agreement or contract;
373.4598, F.S.;
revising the goals of the water management district in reevaluating the Lake Okeechobee Regulation Schedule;
amending s.
570.93(1)(a), F.S., relating to an agricultural water conservation program;
570.93, F.S., relating to an agricultural water conservation program;
Be It Enacted by the Legislature of the State of Florida:
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SB 2508 First Engrossed 20222508e1 Section 1.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb Be It Enacted by the Legislature of the State of Florida:
Section 1.
This paragraph does not apply to the acquisition of historically unique or significant property as determined by the Division of Historical Resources of the Department of State or to land, including interests in land, acquired pursuant to Page 3 of 24 CODING:
This paragraph does not apply to the acquisition of historically unique or significant property as determined by the Page 3 of 25 CODING:
SB 2508 First Engrossed 20222508e1 chapter 570.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb Division of Historical Resources of the Department of State or to land, including interests in land, acquired pursuant to chapter 570.
90 Notwithstanding this subsection, on behalf of the board of trustees and before the appraisal of parcels approved for purchase under this chapter or chapter 259, the Secretary of Environmental Protection or the director of the Division of State Lands may enter into option contracts to buy such parcels.
92 Notwithstanding this subsection, on behalf of the board of trustees and before the appraisal of parcels approved for purchase under this chapter or chapter 259, the Secretary of Environmental Protection or the director of the Division of State Lands may enter into option contracts to buy such parcels.
(a) Are listed or placed at auction by the Federal Government as part of the Resolution Trust Corporation sale of lands from failed savings and loan associations;
(a) Are listed or placed at auction by the Federal Government as part of the Resolution Trust Corporation sale of Page 4 of 25 CODING:
(b) Are listed or placed at auction by the Federal Page 4 of 24 CODING:
SB 2508 First Engrossed 20222508e1 Government as part of the Federal Deposit Insurance Corporation sale of lands from failed banks;
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb lands from failed savings and loan associations;
(b) Are listed or placed at auction by the Federal Government as part of the Federal Deposit Insurance Corporation sale of lands from failed banks;
However, it is the policy of the state that, to the greatest extent possible, the department may enter into interagency or interlocal agreements with any other state agency, any water management district, or any local government conducting programs Page 5 of 24 CODING:
However, it is the policy of the state that, to the greatest extent possible, the department may enter into interagency or Page 5 of 25 CODING:
SB 2508 First Engrossed 20222508e1 related to or materially affecting the water resources of the state.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb interlocal agreements with any other state agency, any water management district, or any local government conducting programs related to or materially affecting the water resources of the state.
Once a project component is approved, the South Florida Water Management District shall provide to the President of the Senate and the Speaker of the House of Representatives a schedule for implementing the project component, the estimated total cost of Page 6 of 24 CODING:
Once a project component is approved, the South Florida Water Management District shall provide to the President of the Senate and the Page 6 of 25 CODING:
SB 2508 First Engrossed 20222508e1 the project component, any existing federal or nonfederal credits, the estimated remaining federal and nonfederal share of costs, and an estimate of the amount of state funds that will be needed to implement the project component.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb Speaker of the House of Representatives a schedule for implementing the project component, the estimated total cost of the project component, any existing federal or nonfederal credits, the estimated remaining federal and nonfederal share of costs, and an estimate of the amount of state funds that will be needed to implement the project component.
Notwithstanding the requirements of this paragraph, the release of state funds for the Everglades Agricultural Area reservoir project, the Lake Okeechobee Watershed project, the C-43 West Basin Reservoir Storage project, and the Indian River Lagoon-South project is authorized.
district water management plans.— (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.— Page 7 of 24 CODING:
district water management plans.— (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.— (a) By March 1, annually, each water management district shall prepare and submit to the Office of Economic and Demographic Research, the department, the Governor, the Page 7 of 25 CODING:
SB 2508 First Engrossed 20222508e1 (a) By March 1, annually, each water management district shall prepare and submit to the Office of Economic and Demographic Research, the department, the Governor, the President of the Senate, and the Speaker of the House of Representatives a consolidated water management district annual report on the management of water resources.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb President of the Senate, and the Speaker of the House of Representatives a consolidated water management district annual report on the management of water resources.
Effective upon becoming a law, subsection (7) of section 373.1501, Florida Statutes, is amended, subsections (10) and (11) are added to that section, and subsection (4) of that section is reenacted, to read:
Effective upon becoming a law, subsection (7) of section 373.1501, Florida Statutes, is amended, subsection (10) is added to that section, and subsection (4) of that section is reenacted, to read:
The district shall exercise the authority of the state to allocate quantities of water within its jurisdiction, including the water supply in relation to the project, and be responsible for allocating water and assigning priorities among the other water uses served by Page 8 of 24 CODING:
The district shall exercise the authority of the state to allocate quantities of water within its jurisdiction, including the water supply in relation to the project, and be responsible for allocating water and assigning priorities among the other water uses served by the project pursuant to state law.
Words stricken are deletions;
words underlined are additions.
SB 2508 First Engrossed 20222508e1 the project pursuant to state law.
(b) Continue data gathering, analysis, research, and design of project components, participate in preconstruction engineering and design documents for project components, and further refine the Comprehensive Plan of the restudy as a guide and framework for identifying other project components.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb (b) Continue data gathering, analysis, research, and design of project components, participate in preconstruction engineering and design documents for project components, and further refine the Comprehensive Plan of the restudy as a guide and framework for identifying other project components.
The district shall certify to the President of the Senate and the Speaker of the House of Representatives, with a copy to the department, that its recommendations made pursuant to this subsection comply with all district programs and plans.
To ensure that the district’s recommendations to the United States Army Corps of Engineers regarding proposed changes to the Lake Okeechobee Regulation Schedule, the Lake Okeechobee System Operating Manual, or any other water control plans or regulation schedules required for the operation of the project and related project components comply with the requirements of this subsection, s.
(10) The Legislature finds that the Lake Okeechobee Regulation Schedule and any operating manual must balance the different interests across the system, including, but not limited to, safeguarding the water supply to society and the environment, reducing high-volume discharges to coastal estuaries, and providing for flood control.
373.026(8), and s.
(11) Water shortages within the Lake Okeechobee Region must be managed in accordance with Chapters 40E-21 and 40E-22, Page 9 of 24 CODING:
373.470, the district shall certify to the President of the Senate and the Speaker of the House of Representatives, with a copy to the department, that its recommendations to the United States Army Corps of Engineers on any proposed new or modified Lake Okeechobee Regulation Schedule, Lake Okeechobee System Operating Manual, or deviation, and related project components, comply with s.
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373.4598(11) and:
(a) Do not diminish the quantity of water available to existing legal users;
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SB 2508 First Engrossed 20222508e1 Florida Administrative Code, in effect as of January 1, 2022, as such region is set forth therein.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb (b) Do not otherwise adversely impact existing legal users;
(c) Do not diminish the existing levels of service for flood protection within or outside the geographic area of the project component;
(d) Do not adversely affect adopted minimum flows and levels and associated prevention and recovery strategies;
and (e) Will continue to adapt to meet the needs of the restored natural environment.
(10) Water shortages within the Lake Okeechobee Region shall be managed in accordance with Chapters 40E-21 and 40E-22, Florida Administrative Code, in effect as of January 1, 2022, as such region is set forth therein.
If the applicant believes the request of the department or water management district for such additional information is not authorized by law or rule, the department or water management district, at the applicant’s request, must shall proceed to process the permit application.
If the applicant believes the request of the Page 10 of 25 CODING:
(b)(2) A permit must shall be approved, denied, or subject to a notice of proposed agency action within 60 days after receipt of the original application, the last item of timely requested additional material, or the applicant’s written request to begin processing the permit application.
(c)(3) Processing of applications for permits for Page 10 of 24 CODING:
SB 2508 First Engrossed 20222508e1 affordable housing projects must shall be expedited to a greater degree than other projects.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb department or water management district for such additional information is not authorized by law or rule, the department or water management district, at the applicant’s request, must shall proceed to process the permit application.
(b)(2) A permit must shall be approved, denied, or subject to a notice of proposed agency action within 60 days after receipt of the original application, the last item of timely requested additional material, or the applicant’s written request to begin processing the permit application.
(c)(3) Processing of applications for permits for affordable housing projects must shall be expedited to a greater degree than other projects.
The department must use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out under an agreement or contract authorized under this subsection.
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Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb The department must use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out under an agreement or contract authorized under this subsection.
Any funds received pursuant to this subsection must be deposited Page 11 of 24 CODING:
Any funds received pursuant to this subsection must be deposited into the Grants and Donations Trust Fund and used in accordance with the agreement or contract.
Section 6.
Effective upon becoming a law, paragraph (c) of subsection (10) and subsection (11) of section 373.4598, Florida Statutes, are amended to read:
373.4598 Water storage reservoirs.— (10) FUNDING.— (c) Notwithstanding s.
373.026(8)(b) or any other provision of law, the use of state funds is authorized for projects referenced in paragraph (1)(b) the EAA reservoir project.
(11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district shall request that the corps pursue the reevaluation of the Lake Okeechobee Regulation Schedule as expeditiously as possible, taking into consideration the repairs made to the Herbert Hoover Dike and implementation of projects designed to reduce high- volume freshwater discharges from the lake, in order to optimally utilize the added water storage capacity to reduce the high-volume freshwater discharges to the St.
Lucie and Caloosahatchee estuaries while returning the lake to a minimum Page 12 of 25 CODING:
SB 2508 First Engrossed 20222508e1 into the Grants and Donations Trust Fund and used in accordance with the agreement or contract.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb flow and level prevention status and returning the level of certainty for existing legal users to a 1-in-10-year level of certainty.
Section 6.
Section 7.
(b) Purchase rural-lands-protection easements pursuant to Page 12 of 24 CODING:
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SB 2508 First Engrossed 20222508e1 this section.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb (b) Purchase rural-lands-protection easements pursuant to this section.
(4) Resource conservation agreements will be contracts for services which provide annual payments to landowners for services that actively improve habitat and water restoration or Page 13 of 24 CODING:
(4) Resource conservation agreements will be contracts for services which provide annual payments to landowners for Page 14 of 25 CODING:
SB 2508 First Engrossed 20222508e1 conservation on their lands over and above that which is already required by law or which provide recreational opportunities.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb services that actively improve habitat and water restoration or conservation on their lands over and above that which is already required by law or which provide recreational opportunities.
(b) As part of the agricultural protection agreement, the parties shall agree that the state shall have a right to buy a conservation easement or rural land protection easement at the end of the 30-year term.
(b) As part of the agricultural protection agreement, the parties shall agree that the state shall have a right to buy a conservation easement or rural land protection easement at the Page 15 of 25 CODING:
If the landowner tenders the easement Page 14 of 24 CODING:
SB 2508 First Engrossed 20222508e1 for the purchase and the state does not timely exercise its right to buy the easement, the landowner shall be released from the agricultural agreement.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb end of the 30-year term.
If the landowner tenders the easement for the purchase and the state does not timely exercise its right to buy the easement, the landowner shall be released from the agricultural agreement.
or (b) At the request of the landowner, restrict a landowner’s ability to use, or authorize the use of by third parties, Page 15 of 24 CODING:
or (b) At the request of the landowner, restrict a landowner’s Page 16 of 25 CODING:
SB 2508 First Engrossed 20222508e1 specific parcels of land within a conservation easement for conservation banking or recipient sites for imperiled species as defined in s.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb ability to use, or authorize the use of by third parties, specific parcels of land within a conservation easement for conservation banking or recipient sites for imperiled species as defined in s.
(d) Nongovernmental organizations;
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or Page 16 of 24 CODING:
SB 2508 First Engrossed 20222508e1 (e) Private individuals.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb (d) Nongovernmental organizations;
or (e) Private individuals.
Section 7.
Section 8.
Two appraisals are required when the estimated value of the parcel exceeds $1 million.
Two appraisals are required when the estimated value Page 18 of 25 CODING:
However, when both appraisals Page 17 of 24 CODING:
SB 2508 First Engrossed 20222508e1 exceed $1 million and differ significantly, a third appraisal may be obtained.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb of the parcel exceeds $1 million.
However, when both appraisals exceed $1 million and differ significantly, a third appraisal may be obtained.
Any such option contract must shall state that the final Page 18 of 24 CODING:
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SB 2508 First Engrossed 20222508e1 purchase price is subject to approval by the board of trustees and that the final purchase price may not exceed a fair market value as determined by the department, so long as the public’s interest is reasonably protected the maximum offer authorized by law.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb Any such option contract must shall state that the final purchase price is subject to approval by the board of trustees and that the final purchase price may not exceed a fair market value as determined by the department, so long as the public’s interest is reasonably protected the maximum offer authorized by law.
(c) Substitute any other reasonably prudent procedures, including federally mandated acquisition procedures, for the procedures in this section, if federal funds are available and will be used for the purchase of land a less than fee simple Page 19 of 24 CODING:
(c) Substitute any other reasonably prudent procedures, including federally mandated acquisition procedures, for the procedures in this section, if federal funds are available and Page 20 of 25 CODING:
SB 2508 First Engrossed 20222508e1 interest in lands, title to which will vest in the board of trustees, and qualification for such federal funds requires compliance with federally mandated acquisition procedures.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb will be used for the purchase of land a less than fee simple interest in lands, title to which will vest in the board of trustees, and qualification for such federal funds requires compliance with federally mandated acquisition procedures.
For purposes of this subsection, the term “nonprofit organization” means an organization whose purposes include the preservation of natural resources, and which is exempt from federal income tax under s.
For purposes of this subsection, the term “nonprofit organization” means an organization whose purposes include the preservation of natural resources, and Page 21 of 25 CODING:
501(c)(3) of Page 20 of 24 CODING:
SB 2508 First Engrossed 20222508e1 the Internal Revenue Code.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb which is exempt from federal income tax under s.
501(c)(3) of the Internal Revenue Code.
Section 8.
Section 9.
Section 9.
Section 10.
253.0251 Alternatives to fee simple acquisition.— Page 21 of 24 CODING:
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SB 2508 First Engrossed 20222508e1 (7) For less than fee simple acquisitions pursuant to s.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb 253.0251 Alternatives to fee simple acquisition.— (7) For less than fee simple acquisitions pursuant to s.
Section 10.
Section 11.
An annual priority list shall be developed pursuant to s.
An annual priority list shall be developed pursuant to Page 23 of 25 CODING:
570.71(10), submitted to the council for review, and approved Page 22 of 24 CODING:
SB 2508 First Engrossed 20222508e1 by the board pursuant to s.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb s.
570.71(10), submitted to the council for review, and approved by the board pursuant to s.
Section 11.
Section 12.
Notwithstanding the reversion and expiration of paragraph (a) of subsection (1) of section 570.93, Florida Statutes, by section 44 of chapter 2021-37, Laws of Florida, that paragraph is not amended as provided by that act, but is reenacted to read:
Notwithstanding the reversion and expiration of paragraph (a) of subsection (1) of section 570.93, Florida Statutes, by s.
44, ch.
2021-37, Laws of Florida, that paragraph is not amended as provided by that act, but is reenacted to read:
Section 12.
Section 13.
Except as otherwise expressly provided in this act and except for this section, which shall take effect upon Page 23 of 24 CODING:
Except as otherwise expressly provided in this Page 24 of 25 CODING:
SB 2508 First Engrossed 20222508e1 this act becoming a law, this act shall take effect July 1, 2022.
Florida Senate - 2022 (PROPOSED BILL) SPB 2508 576-02627-22 20222508pb act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2022.
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