Bill Text: FL S0882 | 2022 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Inventories of Critical Wetlands

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2022-04-28 - Chapter No. 2022-76 [S0882 Detail]

Download: Florida-2022-S0882-Comm_Sub.html

---

       Florida Senate - 2022                       CS for CS for SB 882
       
       
        
       By the Committees on Rules; and Community Affairs; and Senator
       Brodeur
       
       
       
       
       595-02961-22                                           2022882c2
    1                        A bill to be entitled                      
    2         An act relating to inventories of critical wetlands;
    3         amending s. 373.036, F.S.; requiring each water
    4         management district governing board, in cooperation
    5         with local governments, to develop a list of critical
    6         wetlands for acquisition using funds from the Land
    7         Acquisition Trust Fund; requiring the governing boards
    8         to consider certain criteria when including wetlands
    9         on the list and to notify owners of property
   10         contemplated to be included on the list; requiring
   11         owners who wish to have their property removed from
   12         the list to submit a certified letter requesting
   13         removal; providing requirements for any such request;
   14         requiring a governing board to approve such removal if
   15         the request meets those requirements; providing the
   16         timeframe for approval of requests; revising minimum
   17         requirements for annual strategic plans; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Present paragraph (e) of subsection (2) of
   23  section 373.036, Florida Statutes, is redesignated as paragraph
   24  (f), a new paragraph (e) is added to that subsection, and
   25  present paragraph (e) of that subsection and paragraph (b) of
   26  subsection (7) of that section are amended, to read:
   27         373.036 Florida water plan; district water management
   28  plans.—
   29         (2) DISTRICT WATER MANAGEMENT PLANS.—
   30         (e) As part of the district water management plan, each
   31  governing board, in cooperation with local governments, shall
   32  develop a list of critical wetlands to be acquired using funds
   33  from the Land Acquisition Trust Fund.
   34         1. The governing boards shall consider all of the following
   35  criteria in designating a wetland for inclusion on the list:
   36         a. The ecological value of the wetland, as determined by
   37  the physical and biological components of the environmental
   38  system.
   39         b. The effect of the wetland on water quality and flood
   40  mitigation.
   41         c. The ecosystem restoration value of the wetland.
   42         d. The inherent susceptibility of the wetland to
   43  development due to its geographical location or natural
   44  aesthetics.
   45         2. Before adopting or amending its list of critical
   46  wetlands, each governing board must notify the owner of any
   47  property that the district contemplates including on the list.
   48  At any time, an owner who wishes to have his or her property
   49  removed from the list must submit by certified mail to the
   50  district a letter requesting such removal. The letter must
   51  indicate that the owner wishes for his or her property to be
   52  removed from the list and must sufficiently identify such
   53  property to the governing board. The governing board shall
   54  approve a removal request that meets the requirements of this
   55  subparagraph at its next regularly scheduled meeting.
   56         (f)(e) At its option, a governing board may substitute an
   57  annual strategic plan for the requirement to develop a district
   58  water management plan and the district water management plan
   59  annual report required by subparagraph (7)(b)1., provided that
   60  nothing herein affects any other provision or requirement of law
   61  concerning the completion of the regional water supply plan and
   62  the strategic plan meets the following minimum requirements:
   63         1. The strategic plan establishes the water management
   64  district’s strategic priorities for at least a future 5-year
   65  period.
   66         2. The strategic plan identifies the goals, strategies,
   67  success indicators, funding sources, deliverables, and
   68  milestones to accomplish the strategic priorities.
   69         3. The strategic plan development process includes at least
   70  one publicly noticed meeting to allow public participation in
   71  its development.
   72         4. The strategic plan includes separately, as an addendum,
   73  an annual work plan report on the implementation of the
   74  strategic plan for the previous fiscal year, addressing success
   75  indicators, deliverables, and milestones.
   76         5. The strategic plan includes a list of critical wetlands
   77  to be acquired using funds from the Land Acquisition Trust Fund,
   78  pursuant to paragraph (e).
   79         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
   80         (b) The consolidated annual report shall contain the
   81  following elements, as appropriate to that water management
   82  district:
   83         1. A district water management plan annual report or the
   84  annual work plan report allowed in subparagraph (2)(f)4.
   85  (2)(e)4.
   86         2. The department-approved minimum flows and minimum water
   87  levels annual priority list and schedule required by s.
   88  373.042(3).
   89         3. The annual 5-year capital improvements plan required by
   90  s. 373.536(6)(a)3.
   91         4. The alternative water supplies annual report required by
   92  s. 373.707(8)(n).
   93         5. The final annual 5-year water resource development work
   94  program required by s. 373.536(6)(a)4.
   95         6. The Florida Forever Water Management District Work Plan
   96  annual report required by s. 373.199(7).
   97         7. The mitigation donation annual report required by s.
   98  373.414(1)(b)2.
   99         8. Information on all projects related to water quality or
  100  water quantity as part of a 5-year work program, including:
  101         a. A list of all specific projects identified to implement
  102  a basin management action plan, including any projects to
  103  connect onsite sewage treatment and disposal systems to central
  104  sewerage systems and convert onsite sewage treatment and
  105  disposal systems to enhanced nutrient-reducing onsite sewage
  106  treatment and disposal systems, or a recovery or prevention
  107  strategy;
  108         b. A priority ranking for each listed project for which
  109  state funding through the water resources development work
  110  program is requested, which must be made available to the public
  111  for comment at least 30 days before submission of the
  112  consolidated annual report;
  113         c. The estimated cost for each listed project;
  114         d. The estimated completion date for each listed project;
  115         e. The source and amount of financial assistance to be made
  116  available by the department, a water management district, or
  117  other entity for each listed project; and
  118         f. A quantitative estimate of each listed project’s benefit
  119  to the watershed, water body, or water segment in which it is
  120  located.
  121         9. A grade for each watershed, water body, or water segment
  122  in which a project listed under subparagraph 8. is located
  123  representing the level of impairment and violations of adopted
  124  minimum flow or minimum water levels. The grading system must
  125  reflect the severity of the impairment of the watershed, water
  126  body, or water segment.
  127         Section 2. This act shall take effect July 1, 2022.