1999 Florida Code
TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 373 Water Resources  
PART IV MANAGEMENT AND STORAGE OF SURFACE WATERS (ss. 373.403-373.466)
373.455   Review of surface water improvement and management plans.

373.455  Review of surface water improvement and management plans.--

(1)  At least 60 days prior to consideration by the governing board pursuant to s. 373.456(1) of its surface water improvement and management plan, a water management district shall transmit its proposed plan to the department, the Department of Agriculture and Consumer Services, the Fish and Wildlife Conservation Commission, the Department of Community Affairs, and local governments.

(2)(a)  The department shall review each plan to determine:

1.  Whether the costs described in the plan, as projected by the water management districts, are reasonable estimates of the actual costs;

2.  The likelihood that the plan will significantly improve or protect water quality and associated natural resources; and

3.  Whether the plan activities can be funded based on available appropriations or other funding which may be proposed by the department, the districts, or local governments.

(b)  If the department determines that a plan does not meet these requirements, the department shall recommend to the district modifications or additions to the plan to the governing board at the time of its consideration of the plan pursuant to s. 373.456(1).

(3)  The Fish and Wildlife Conservation Commission shall review each proposed surface water improvement and management plan to determine the effects of the plan on wild animal life and fresh water aquatic life and their habitats. If the commission determines that the plan has adverse effects on these resources and that such adverse effects exceed the beneficial effects on these resources, the commission shall recommend modifications of or additions to the plan to the district governing board at the time it considers the plan pursuant to s. 373.456(1), or any modifications or additions which would result in additional beneficial effects on wild animal life or fresh water aquatic life or their habitats.

(4)  The department shall review each proposed surface water improvement and management plan to determine the effects of the plan on state-owned lands and on marine and estuarine aquatic life and their habitats. If the department determines that the plan has adverse effects on these resources and that such adverse effects exceed the beneficial effects on these resources, the department shall recommend modifications of, or additions to, the plan to the district governing board at the time it considers the plan pursuant to s. 373.456(1).

(5)  The Department of Agriculture and Consumer Services shall review each proposed surface water improvement and management plan to determine the effects of the plan on the agricultural resources of the area and the state. If the Department of Agriculture and Consumer Services determines that the plan has adverse effects on these resources and that such adverse effects exceed the beneficial effects on these resources, the department shall recommend modifications of, or additions to, the plan to the district governing board at the time it considers the plan pursuant to s. 373.456(1).

(6)  The Department of Community Affairs shall review each proposed surface water improvement and management plan to determine the effects of the plan on the State Comprehensive Plan and Areas of Critical State Concern. If the Department of Community Affairs determines that the plan has adverse effects on the State Comprehensive Plan or these resources and that such adverse effects exceed the beneficial effects on these resources, the department shall recommend modifications of, or additions to, the plan to the district governing board at the time it considers the plan pursuant to s. 373.456(1).

(7)  The local governments shall review each proposed surface water improvement and management plan and provide comments as to the effects of the plan on local resources consistent with the intent of this act. If the local government determines that the plan has adverse effects on these resources and that such adverse effects exceed the beneficial effects on these resources, the local government shall recommend modifications of or additions to the district governing board at the time it considers the plan pursuant to s. 373.456(1).

History.--s. 3, ch. 87-97; s. 26, ch. 89-279; s. 272, ch. 94-356; s. 42, ch. 96-321; s. 188, ch. 99-245.