Bill Text: FL S2508 | 2022 | Regular Session | Enrolled


Bill Title: Environmental Resources

Spectrum: Committee Bill

Status: (Vetoed) 2022-06-08 - Vetoed by Governor [S2508 Detail]

Download: Florida-2022-S2508-Enrolled.html
       ENROLLED
       2022 Legislature                          SB 2508, 2nd Engrossed
       
       
       
       
       
       
                                                             20222508er
    1  
    2         An act relating to environmental resources; amending
    3         s. 373.026, F.S.; providing requirements for budget
    4         amendments requesting the release of state funds for
    5         specified water project components; conforming
    6         provisions to changes made by the act; authorizing the
    7         release of state funds for specified water projects;
    8         amending s. 373.036, F.S.; requiring modifications to
    9         water management district annual work plans to be
   10         submitted to the Secretary of Environmental Protection
   11         for review and approval; amending s. 373.1501, F.S.;
   12         requiring the South Florida Water Management District
   13         to make a specified certification to the Legislature
   14         regarding its recommendations to the United States
   15         Army Corps of Engineers; providing legislative
   16         findings; requiring water shortages within the Lake
   17         Okeechobee Region to be managed in accordance with
   18         certain rules; requiring that changes to certain rules
   19         be ratified by the Legislature and presented to the
   20         Governor; providing that such changes shall take
   21         effect after a specified timeframe if certain
   22         requirements are not met; amending s. 373.4141, F.S.;
   23         authorizing the Department of Environmental Protection
   24         to enter into agreements or contracts with certain
   25         entities to expedite the evaluation of certain
   26         environmental permits; providing requirements for such
   27         agreements or contracts; authorizing the department to
   28         receive funds received pursuant to such an agreement
   29         or contract; requiring such funds to be deposited into
   30         the Grants and Donations Trust Fund; amending s.
   31         570.71, F.S.; specifying that the Department of
   32         Agriculture and Consumer Services may acquire land or
   33         certain related interests in land for specified public
   34         purposes; revising the types of project proposals for
   35         which the department may accept applications; revising
   36         the activities prohibited under certain easements;
   37         removing a requirement that certain department rules
   38         give preference to certain types of lands; amending s.
   39         570.715, F.S.; revising the procedures the department
   40         must comply with for certain land acquisitions;
   41         providing for a type two transfer of the William J.
   42         “Billy Joe” Rish Recreational Park within the Agency
   43         for Persons with Disabilities to the Department of
   44         Environmental Protection; providing for the
   45         continuation of certain contracts and interagency
   46         agreements; reenacting s. 570.93(1)(a), F.S., relating
   47         to an agricultural water conservation program;
   48         providing effective dates.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Effective upon this act becoming a law,
   53  paragraph (b) of subsection (8) of section 373.026, Florida
   54  Statutes, is amended to read:
   55         373.026 General powers and duties of the department.—The
   56  department, or its successor agency, shall be responsible for
   57  the administration of this chapter at the state level. However,
   58  it is the policy of the state that, to the greatest extent
   59  possible, the department may enter into interagency or
   60  interlocal agreements with any other state agency, any water
   61  management district, or any local government conducting programs
   62  related to or materially affecting the water resources of the
   63  state. All such agreements shall be subject to the provisions of
   64  s. 373.046. In addition to its other powers and duties, the
   65  department shall, to the greatest extent possible:
   66         (8)
   67         (b) To ensure to the greatest extent possible that project
   68  components will go forward as planned, the department shall
   69  collaborate with the South Florida Water Management District in
   70  implementing the comprehensive plan as defined in s.
   71  373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as
   72  defined in s. 373.4595(2), and the River Watershed Protection
   73  Plans as defined in s. 373.4595(2). Before any project component
   74  is submitted to Congress for authorization or receives an
   75  appropriation of state funds, the department must approve, or
   76  approve with amendments, each project component within 60 days
   77  following formal submittal of the project component to the
   78  department. Prior to the release of state funds for the
   79  implementation of the comprehensive plan, department approval
   80  shall be based upon a determination of the South Florida Water
   81  Management District’s compliance with s. 373.1501(5) and (7).
   82  Additionally, each budget amendment requesting the release of
   83  state funds for the implementation of a project component or a
   84  water control plan or regulation schedule required for the
   85  operation of the project shall be contingent on the submission
   86  of the certification required in s. 373.1501(7). Nothing in this
   87  paragraph shall constitute a final agency action challengeable
   88  under chapter 120. Once a project component is approved, the
   89  South Florida Water Management District shall provide to the
   90  President of the Senate and the Speaker of the House of
   91  Representatives a schedule for implementing the project
   92  component, the estimated total cost of the project component,
   93  any existing federal or nonfederal credits, the estimated
   94  remaining federal and nonfederal share of costs, and an estimate
   95  of the amount of state funds that will be needed to implement
   96  the project component. All requests for an appropriation of
   97  state funds needed to implement the project component shall be
   98  submitted to the department, and such requests shall be included
   99  in the department’s annual request to the Governor. Prior to the
  100  release of state funds for the implementation of the Lake
  101  Okeechobee Watershed Protection Plan or the River Watershed
  102  Protection Plans, on an annual basis, the South Florida Water
  103  Management District shall prepare an annual work plan as part of
  104  the consolidated annual report required in s. 373.036(7). Upon a
  105  determination by the secretary of the annual work plan’s
  106  consistency with the goals and objectives of ss. 373.1501(7) and
  107  373.4595 s. 373.4595, the secretary may approve the release of
  108  state funds. Any modifications to the annual work plan shall be
  109  submitted to the secretary for review and approval.
  110  Notwithstanding the requirements of this paragraph, the release
  111  of state funds for the Everglades Agricultural Area reservoir
  112  project, the Lake Okeechobee Watershed project, the C-43 West
  113  Basin Reservoir Storage project, and the Indian River Lagoon
  114  South project is authorized.
  115         Section 2. Effective upon becoming a law, paragraph (a) of
  116  subsection (7) of section 373.036, Florida Statutes, is amended
  117  to read:
  118         373.036 Florida water plan; district water management
  119  plans.—
  120         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  121         (a) By March 1, annually, each water management district
  122  shall prepare and submit to the Office of Economic and
  123  Demographic Research, the department, the Governor, the
  124  President of the Senate, and the Speaker of the House of
  125  Representatives a consolidated water management district annual
  126  report on the management of water resources. In addition, copies
  127  must be provided by the water management districts to the chairs
  128  of all legislative committees having substantive or fiscal
  129  jurisdiction over the districts and the governing board of each
  130  county in the district having jurisdiction or deriving any funds
  131  for operations of the district. Copies of the consolidated
  132  annual report must be made available to the public, either in
  133  printed or electronic format. Any modifications to the annual
  134  work plan shall be submitted to the secretary for review and
  135  approval. Such approval does not constitute a final agency
  136  action challengeable under chapter 120.
  137         Section 3. Effective upon this act becoming a law,
  138  subsection (7) of section 373.1501, Florida Statutes, is
  139  amended, subsections (10) and (11) are added to that section,
  140  and subsection (4) of that section is reenacted, to read:
  141         373.1501 South Florida Water Management District as local
  142  sponsor.—
  143         (4) The district is authorized to act as local sponsor of
  144  the project for those project features within the district as
  145  provided in this subsection and subject to the oversight of the
  146  department as further provided in s. 373.026. The district shall
  147  exercise the authority of the state to allocate quantities of
  148  water within its jurisdiction, including the water supply in
  149  relation to the project, and be responsible for allocating water
  150  and assigning priorities among the other water uses served by
  151  the project pursuant to state law. The district may:
  152         (a) Act as local sponsor for all project features
  153  previously authorized by Congress.
  154         (b) Continue data gathering, analysis, research, and design
  155  of project components, participate in preconstruction
  156  engineering and design documents for project components, and
  157  further refine the Comprehensive Plan of the restudy as a guide
  158  and framework for identifying other project components.
  159         (c) Construct pilot projects that will assist in
  160  determining the feasibility of technology included in the
  161  Comprehensive Plan of the restudy.
  162         (d) Act as local sponsor for project components.
  163         (7) When developing or implementing water control plans or
  164  regulation schedules required for the operation of the project,
  165  the district shall provide recommendations to the United States
  166  Army Corps of Engineers which are consistent with all district
  167  programs and plans. The district shall certify to the President
  168  of the Senate and the Speaker of the House of Representatives,
  169  with a copy to the department, in the annual report pursuant to
  170  s. 373.036(7), that its recommendations made pursuant to this
  171  subsection during the previous 12 months are consistent with all
  172  district programs and plans. Nothing in this subsection shall
  173  constitute a final agency action challengeable under chapter
  174  120.
  175         (10) The Legislature finds that the Lake Okeechobee
  176  Regulation Schedule and any operating manual must balance the
  177  different interests across the system, including, but not
  178  limited to, safeguarding the water supply to society and the
  179  environment, reducing high-volume discharges to coastal
  180  estuaries, and providing for flood control.
  181         (11) Water shortages within the Lake Okeechobee Region must
  182  be managed in accordance with Chapters 40E-21 and 40E-22,
  183  Florida Administrative Code, as such region is set forth
  184  therein. Any change to such rules may not take effect until
  185  ratified by the Legislature and presented to the Governor, or if
  186  the Legislature fails to act and present to the Governor during
  187  the next regular legislative session, such rules shall take
  188  effect after the next regular legislative session and shall
  189  otherwise comply with s. 120.541.
  190         Section 4. Effective upon this act becoming a law, section
  191  373.4141, Florida Statutes, is amended to read:
  192         373.4141 Permits; processing.—
  193         (1) GENERAL PROCESSING; TIME LIMITATIONS.—
  194         (a) Within 30 days after receipt of an application for a
  195  permit under this part, the department or the water management
  196  district shall review the application and shall request
  197  submittal of all additional information the department or the
  198  water management district is permitted by law to require. If the
  199  applicant believes any request for additional information is not
  200  authorized by law or rule, the applicant may request a hearing
  201  pursuant to s. 120.57. Within 30 days after receipt of such
  202  additional information, the department or water management
  203  district shall review it and may request only that information
  204  needed to clarify such additional information or to answer new
  205  questions raised by or directly related to such additional
  206  information. If the applicant believes the request of the
  207  department or water management district for such additional
  208  information is not authorized by law or rule, the department or
  209  water management district, at the applicant’s request, must
  210  shall proceed to process the permit application.
  211         (b)(2) A permit must shall be approved, denied, or subject
  212  to a notice of proposed agency action within 60 days after
  213  receipt of the original application, the last item of timely
  214  requested additional material, or the applicant’s written
  215  request to begin processing the permit application.
  216         (c)(3) Processing of applications for permits for
  217  affordable housing projects must shall be expedited to a greater
  218  degree than other projects.
  219         (d)(4) A state agency or an agency of the state may not
  220  require as a condition of approval for a permit or as an item to
  221  complete a pending permit application that an applicant obtain a
  222  permit or approval from any other local, state, or federal
  223  agency without explicit statutory authority to require such
  224  permit or approval.
  225         (2) AGREEMENTS TO PROCESS PERMITS.—
  226         (a) The department may enter into an agreement or a
  227  contract with a public entity, which includes a utility
  228  regulated under chapter 366, to expedite the evaluation of
  229  environmental resource permits or section 404 permits related to
  230  a project or an activity that serves a public purpose. Any
  231  agreement or contract entered into pursuant to this subsection
  232  must be effective for at least 3 years.
  233         (b) The department must ensure that any agreement or
  234  contract entered into by the department does not affect
  235  impartial decisionmaking, either substantively or procedurally.
  236  The department must use the same procedures for decisions that
  237  would otherwise be required for the evaluation of permits for
  238  similar projects or activities not carried out under an
  239  agreement or contract authorized under this subsection.
  240         (c) The department must make all active agreements or
  241  contracts entered into under this subsection available on its
  242  website.
  243         (d) The department may receive funds pursuant to an
  244  agreement or contract entered into under this subsection. Any
  245  funds received pursuant to this subsection must be deposited
  246  into the Grants and Donations Trust Fund and used in accordance
  247  with the agreement or contract.
  248         Section 5. Effective January 1, 2023, section 570.71,
  249  Florida Statutes, is amended to read:
  250         570.71 Land acquisition; conservation easements and
  251  agreements.—
  252         (1) The department, on behalf of the Board of Trustees of
  253  the Internal Improvement Trust Fund, may allocate moneys to
  254  acquire land or related interests in land, such as perpetual,
  255  less-than-fee acquisitions interest in land, to enter into
  256  agricultural protection agreements, and to enter into resource
  257  conservation agreements for any of the following public
  258  purposes:
  259         (a) Promotion and improvement of wildlife habitat.;
  260         (b) Protection and enhancement of water bodies, aquifer
  261  recharge areas, wetlands, and watersheds.;
  262         (c) Perpetuation of open space on lands with significant
  263  natural areas.; or
  264         (d) Protection of agricultural lands threatened by
  265  conversion to other uses.
  266         (e) Preservation and protection of natural and working
  267  landscapes.
  268         (f) Preservation, protection, and enhancement of wildlife
  269  corridors and linkages.
  270         (2) To achieve the purposes of this section, the department
  271  may accept applications for project proposals that:
  272         (a) Purchase land or interests in land, such as
  273  conservation easements, as defined in s. 704.06.
  274         (b) Purchase rural-lands-protection easements pursuant to
  275  this section.
  276         (c) Fund resource conservation agreements pursuant to this
  277  section.
  278         (d) Fund agricultural protection agreements pursuant to
  279  this section.
  280         (3) Rural-lands-protection easements are shall be a
  281  perpetual right or interest in agricultural land which is
  282  appropriate to retain such land in predominantly its current
  283  state and to prevent the subdivision and conversion of such land
  284  into other uses. This right or interest in property shall
  285  prohibit only the following:
  286         (a) Construction or placing of buildings, roads, billboards
  287  or other advertising, utilities, or structures, except those
  288  structures and unpaved roads necessary for the agricultural
  289  operations on the land or structures necessary for other
  290  activities allowed under the easement, and except for linear
  291  facilities described in s. 704.06(11).;
  292         (b) Subdivision of the property.;
  293         (c) Dumping or placing of trash, waste, or offensive
  294  materials.; and
  295         (d) Activities that detrimentally affect the natural
  296  hydrology of the land or that detrimentally affect water
  297  conservation, erosion control, soil conservation, or fish or
  298  wildlife habitat, except those required for environmental
  299  restoration; federal, state, or local government regulatory
  300  programs; or best management practices.
  301         (4) Resource conservation agreements will be contracts for
  302  services which provide annual payments to landowners for
  303  services that actively improve habitat and water restoration or
  304  conservation on their lands over and above that which is already
  305  required by law or which provide recreational opportunities.
  306  They will be for a term of not less than 5 years and not more
  307  than 10 years. Property owners will become eligible to enter
  308  into a resource conservation agreement only upon entering into a
  309  conservation easement or rural lands protection easement.
  310         (5) Agricultural protection agreements shall be for terms
  311  of 30 years and will provide payments to landowners having
  312  significant natural areas on their land. Public access and
  313  public recreational opportunities may be negotiated at the
  314  request of the landowner.
  315         (a) For the length of the agreement, the landowner shall
  316  agree to prohibit:
  317         1. Construction or placing of buildings, roads, billboards
  318  or other advertising, utilities, or structures, except those
  319  structures and unpaved roads necessary for the agricultural
  320  operations on the land or structures necessary for other
  321  activities allowed under the easement, and except for linear
  322  facilities described in s. 704.06(11);
  323         2. Subdivision of the property;
  324         3. Dumping or placing of trash, waste, or offensive
  325  materials; and
  326         4. Activities that affect the natural hydrology of the
  327  land, or that detrimentally affect water conservation, erosion
  328  control, soil conservation, or fish or wildlife habitat.
  329         (b) As part of the agricultural protection agreement, the
  330  parties shall agree that the state shall have a right to buy a
  331  conservation easement or rural land protection easement at the
  332  end of the 30-year term. If the landowner tenders the easement
  333  for the purchase and the state does not timely exercise its
  334  right to buy the easement, the landowner shall be released from
  335  the agricultural agreement. The purchase price of the easement
  336  shall be established in the agreement and shall be based on the
  337  value of the easement at the time the agreement is entered into,
  338  plus a reasonable escalator multiplied by the number of full
  339  calendar years following the date of the commencement of the
  340  agreement. The landowner may transfer or sell the property
  341  before the expiration of the 30-year term, but only if the
  342  property is sold subject to the agreement and the buyer becomes
  343  the successor in interest to the agricultural protection
  344  agreement. Upon mutual consent of the parties, a landowner may
  345  enter into a perpetual easement at any time during the term of
  346  an agricultural protection agreement.
  347         (6) Payment for conservation easements and rural land
  348  protection easements shall be a lump-sum payment at the time the
  349  easement is entered into.
  350         (7) Landowners entering into an agricultural protection
  351  agreement may receive up to 50 percent of the purchase price at
  352  the time the agreement is entered into, and remaining payments
  353  on the balance shall be equal annual payments over the term of
  354  the agreement.
  355         (8) Payments for the resource conservation agreements shall
  356  be equal annual payments over the term of the agreement.
  357         (9) Easements purchased pursuant to this act may not:
  358         (a) Prevent landowners from transferring the remaining fee
  359  value with the easement; or
  360         (b) At the request of the landowner, restrict a landowner’s
  361  ability to use, or authorize the use of by third parties,
  362  specific parcels of land within a conservation easement for
  363  conservation banking or recipient sites for imperiled species as
  364  defined in s. 259.105(2)(a)11. or wetlands mitigation banking
  365  pursuant to chapter 373, provided the specific parcels of land
  366  include wetland or upland areas that may be enhanced, restored,
  367  or created under the conditions of a wetlands mitigation bank
  368  permit.
  369         (10) The department, in consultation with the Department of
  370  Environmental Protection, the water management districts, the
  371  Department of Economic Opportunity, and the Florida Fish and
  372  Wildlife Conservation Commission, shall adopt rules that
  373  establish an application process, a process and criteria for
  374  setting priorities for use of funds consistent with the purposes
  375  specified in subsection (1) and giving preference to ranch and
  376  timber lands managed using sustainable practices, an appraisal
  377  process, and a process for title review and compliance and
  378  approval of the rules by the Board of Trustees of the Internal
  379  Improvement Trust Fund.
  380         (11) If a landowner objects to having his or her property
  381  included in any lists or maps developed to implement this act,
  382  the department must shall remove the property from any such
  383  lists or maps upon receipt of the landowner’s written request to
  384  do so.
  385         (12) The department may use appropriated funds from the
  386  following sources to implement this section:
  387         (a) State funds;
  388         (b) Federal funds;
  389         (c) Other governmental entities;
  390         (d) Nongovernmental organizations; or
  391         (e) Private individuals.
  392  
  393  Any such funds provided, other than from the Land Acquisition
  394  Trust Fund, shall be deposited into the Incidental Trust Fund
  395  within the Department of Agriculture and Consumer Services and
  396  used for the purposes of this section, including administrative
  397  and operating expenses related to appraisals, mapping, title
  398  process, personnel, and other real estate expenses.
  399         (13) No more than 10 percent of any funds made available to
  400  implement this act may shall be expended for resource
  401  conservation agreements and agricultural protection agreements.
  402         Section 6. Effective January 1, 2023, section 570.715,
  403  Florida Statutes, is amended to read:
  404         570.715 Land Conservation easement acquisition procedures.—
  405         (1) For land acquisitions, including less than fee simple
  406  acquisitions, pursuant to s. 570.71, the Department of
  407  Agriculture and Consumer Services shall comply with the
  408  following acquisition procedures:
  409         (a) Before conveyance of title by the department, evidence
  410  of marketable title in the form of a commitment for title
  411  insurance or an abstract of title with a title opinion must
  412  shall be obtained.
  413         (b) Before approval by the board of trustees of an
  414  agreement to purchase less than fee simple title to land
  415  pursuant to s. 570.71, an appraisal of the parcel is shall be
  416  required as follows:
  417         1. Each parcel to be acquired must shall have at least one
  418  appraisal. Two appraisals are required when the estimated value
  419  of the parcel exceeds $1 million. However, when both appraisals
  420  exceed $1 million and differ significantly, a third appraisal
  421  may be obtained.
  422         2. Appraisal fees and associated costs must shall be paid
  423  by the department. All appraisals used for the acquisition of
  424  less than fee simple interest in lands pursuant to this section
  425  must shall be prepared by a state-certified appraiser who meets
  426  the standards and criteria established by rule of the board of
  427  trustees. Each appraiser selected to appraise a particular
  428  parcel shall, before contracting with the department or a
  429  participant in a multiparty agreement, submit to the department
  430  or participant an affidavit substantiating that he or she has no
  431  vested or fiduciary interest in such parcel.
  432         (c) A certified survey must be made that meets the minimum
  433  requirements for upland parcels established in the Standards of
  434  Practice for Land Surveying in Florida published by the
  435  department and that accurately portrays, to the greatest extent
  436  practicable, the condition of the parcel as it currently exists.
  437  The requirement for a certified survey may, in whole or in part,
  438  be waived by the board of trustees any time before the land
  439  acquisition of the less than fee simple interest. If an existing
  440  boundary map and description of a parcel are determined by the
  441  department to be sufficient for appraisal purposes, the
  442  department may temporarily waive the requirement for a survey
  443  until any time before conveyance of title to the parcel.
  444         (d) On behalf of the board of trustees and before the
  445  appraisal of parcels approved for purchase under ss.
  446  259.105(3)(i) and 570.71, the department may enter into option
  447  contracts to buy less than fee simple interest in such parcels.
  448  Any such option contract must shall state that the final
  449  purchase price is subject to approval by the board of trustees
  450  and that the final purchase price may not exceed the maximum
  451  offer authorized by law. Any such option contract presented to
  452  the board of trustees for final purchase price approval must
  453  shall explicitly state that payment of the final purchase price
  454  is subject to an appropriation by the Legislature. The
  455  consideration for any such option contract may not exceed $1,000
  456  or 0.01 percent of the estimate by the department of the value
  457  of the parcel, whichever amount is greater.
  458         (e) A final offer must shall be in the form of an option
  459  contract or agreement for purchase of the land less than fee
  460  simple interest and must shall be signed and attested to by the
  461  owner and the department. Before the department signs the
  462  agreement for purchase of the land less than fee simple interest
  463  or exercises the option contract, the requirements of s. 286.23
  464  must shall be complied with.
  465         (f) The procedures provided in s. 253.025(9)(a)-(d) and
  466  (10) must shall be followed.
  467         (2) If the public’s interest is reasonably protected, the
  468  board of trustees may:
  469         (a) Waive any requirement of this section.
  470         (b) Waive any rules adopted pursuant to s. 570.71,
  471  notwithstanding chapter 120.
  472         (c) Substitute any other reasonably prudent procedures,
  473  including federally mandated acquisition procedures, for the
  474  procedures in this section, if federal funds are available and
  475  will be used for the purchase of land a less than fee simple
  476  interest in lands, title to which will vest in the board of
  477  trustees, and qualification for such federal funds requires
  478  compliance with federally mandated acquisition procedures.
  479         (3) The less than fee simple land acquisition procedures
  480  provided in this section are for voluntary, negotiated
  481  acquisitions.
  482         (4) For purposes of this section, the term “negotiations”
  483  does not include preliminary contacts with the property owner to
  484  determine availability or eligibility of the property, existing
  485  appraisal data, existing abstracts, and surveys.
  486         (5) Appraisal reports are confidential and exempt from s.
  487  119.07(1), for use by the department and the board of trustees,
  488  until an option contract is executed or, if an option contract
  489  is not executed, until 2 weeks before a contract or agreement
  490  for purchase is considered for approval by the board of
  491  trustees. However, the department has the authority, at its
  492  discretion, to disclose appraisal reports to private landowners
  493  during negotiations for acquisitions using alternatives to fee
  494  simple techniques, if the department determines that disclosure
  495  of such reports will bring the proposed acquisition to closure.
  496  The department may also disclose appraisal information to public
  497  agencies or nonprofit organizations that agree to maintain the
  498  confidentiality of the reports or information when joint
  499  acquisition of property is contemplated, or when a public agency
  500  or nonprofit organization enters into a written multiparty
  501  agreement with the department. For purposes of this subsection,
  502  the term “nonprofit organization” means an organization whose
  503  purposes include the preservation of natural resources, and
  504  which is exempt from federal income tax under s. 501(c)(3) of
  505  the Internal Revenue Code. The department may release an
  506  appraisal report when the passage of time has rendered the
  507  conclusions of value in the report invalid or when the
  508  department has terminated negotiations.
  509         Section 7. Type two transfer from the Agency for Persons
  510  with Disabilities.—
  511         (1) All powers, duties, functions, records, offices,
  512  personnel, associated administrative support positions,
  513  property, pending issues, existing contracts, administrative
  514  authority, administrative rules, and unexpended balances of
  515  appropriations, allocations, and other funds relating to the
  516  William J. “Billy Joe” Rish Recreational Park within the Agency
  517  for Persons with Disabilities are transferred by a type two
  518  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  519  Department of Environmental Protection.
  520         (2) Any binding contract or interagency agreement existing
  521  before July 1, 2022, between the Agency for Persons with
  522  Disabilities, or an entity or agency of the department, and any
  523  other agency, entity, or person relating to the William J.
  524  Billy Joe Rish Recreational Park shall continue as a binding
  525  contract or agreement for the remainder of the term of the
  526  contract or agreement on the successor entity responsible for
  527  the program, activity, or functions relative to the contract or
  528  agreement.
  529         Section 8. Notwithstanding the reversion and expiration of
  530  paragraph (a) of subsection (1) of section 570.93, Florida
  531  Statutes, by section 44 of chapter 2021-37, Laws of Florida,
  532  that paragraph is not amended as provided by that act, but is
  533  reenacted to read:
  534         570.93 Department of Agriculture and Consumer Services;
  535  agricultural water conservation and agricultural water supply
  536  planning.—
  537         (1) The department shall establish an agricultural water
  538  conservation program that includes the following:
  539         (a) A cost-share program, coordinated with the United
  540  States Department of Agriculture and other federal, state,
  541  regional, and local agencies when appropriate, for irrigation
  542  system retrofit and application of mobile irrigation laboratory
  543  evaluations, and for water conservation and water quality
  544  improvement pursuant to s. 403.067(7)(c).
  545         Section 9. Except as otherwise expressly provided in this
  546  act and except for this section, which shall take effect upon
  547  this act becoming a law, this act shall take effect July 1,
  548  2022.

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