Bill Text: FL S1104 | 2013 | Regular Session | Comm Sub
Bill Title: Environment
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations [S1104 Detail]
Download: Florida-2013-S1104-Comm_Sub.html
Florida Senate - 2013 CS for SB 1104 By the Committee on Transportation; and Senator Brandes 596-02852-13 20131104c1 1 A bill to be entitled 2 An act relating to the environment; amending s. 3 334.044, F.S.; providing an exclusion from provisions 4 that require all plant materials for highway 5 landscaping be purchased from Florida commercial 6 nursery stock in this state on a uniform competitive 7 bid basis if prohibited by federal law or regulation; 8 amending s. 335.06, F.S.; revising the 9 responsibilities of the Department of Transportation, 10 a county, or a municipality to improve or maintain a 11 road that provides access to property within the state 12 park system; amending s. 373.4137, F.S.; providing 13 legislative intent that mitigation be implemented in a 14 manner that promotes efficiency, timeliness, and cost 15 effectiveness in project delivery; revising the 16 criteria of the environmental impact inventory; 17 revising the criteria for mitigation of projected 18 impacts identified in the environmental impact 19 inventory; requiring the Department of Transportation 20 to include funding for environmental mitigation for 21 its projects in its work program; revising the process 22 and criteria for the payment by the department or 23 participating transportation authorities of mitigation 24 implemented by water management districts or the 25 Department of Environmental Protection; revising the 26 requirements for the payment to a water management 27 district or the Department of Environmental Protection 28 of the costs of mitigation planning and implementation 29 of the mitigation required by a permit; revising the 30 payment criteria for preparing and implementing 31 mitigation plans adopted by water management districts 32 for transportation impacts based on the environmental 33 impact inventory; adding federal requirements for the 34 development of a mitigation plan; providing for 35 transportation projects in the environmental 36 mitigation plan for which mitigation has not been 37 specified; revising a water management district’s 38 responsibilities relating to a mitigation plan; 39 amending s. 373.618, F.S.; revising the outdoor 40 advertisement exemption criteria for a public 41 information system; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 1. Subsection (26) of section 334.044, 46 Florida Statutes, is amended to read: 47 334.044 Department; powers and duties.—The department shall 48 have the following general powers and duties: 49 (26) To provide for the enhancement of environmental 50 benefits, including air and water quality; to prevent roadside 51 erosion; to conserve the natural roadside growth and scenery; 52 and to provide for the implementation and maintenance of 53 roadside conservation, enhancement, and stabilization programs. 54 No less than 1.5 percent of the amount contracted for 55 construction projects shall be allocated by the department on a 56 statewide basis for the purchase of plant materials. Department 57 districts may not expend funds for landscaping in connection 58 with any project that is limited to resurfacing existing lanes 59 unless the expenditure has been approved by the department’s 60 secretary or the secretary’s designee. To the greatest extent 61 practical, a minimum of 50 percent of the funds allocated under 62 this subsection shall be allocated for large plant materials and 63 the remaining funds for other plant materials. Except as 64 prohibited by applicable federal law or regulation, all plant 65 materials shall be purchased from Florida commercial nursery 66 stock in this state on a uniform competitive bid basis. The 67 department shall develop grades and standards for landscaping 68 materials purchased through this process. To accomplish these 69 activities, the department may contract with nonprofit 70 organizations having the primary purpose of developing youth 71 employment opportunities. 72 Section 2. Section 335.06, Florida Statutes, is amended to 73 read: 74 335.06 Access roads to the state park system.—AAnyroad 75 thatwhichprovides access to property within the state park 76 system mustshallbe maintained by the department if the road is 77 a part of the State Highway System and may be improved and 78 maintained by the department if the road is part of a county 79 road system or city street system. If the department does not 80 maintain a county or city road that is a part of the county road 81 system or the city street system and that provides access to the 82 state park system, the road mustorshallbe maintained by the 83 appropriate county or municipalityif the road is a part of the84county road system or the city street system. 85 Section 3. Section 373.4137, Florida Statutes, is amended 86 to read: 87 373.4137 Mitigation requirements for specified 88 transportation projects.— 89 (1) The Legislature finds that environmental mitigation for 90 the impact of transportation projects proposed by the Department 91 of Transportation or a transportation authority established 92 pursuant to chapter 348 or chapter 349 can be more effectively 93 achieved by regional, long-range mitigation planning rather than 94 on a project-by-project basis. It is the intent of the 95 Legislature that mitigation to offset the adverse effects of 96 these transportation projects be funded by the Department of 97 Transportation and be carried out by the use of mitigation banks 98 and any other mitigation options that satisfy state and federal 99 requirements in an efficient, timely, and cost-effective manner. 100 (2) Environmental impact inventories for transportation 101 projects proposed by the Department of Transportation or a 102 transportation authority established pursuant to chapter 348 or 103 chapter 349 shall be developed as follows: 104 (a) By July 1 of each year, the Department of 105 Transportation, or a transportation authority established 106 pursuant to chapter 348 or chapter 349 which chooses to 107 participate in the program, shall submit to the water management 108 districts a list of its projects in the adopted work program and 109 an environmental impact inventory of habitat impacts and the 110 proposed amount of mitigation needed to offset impacts as 111 described in paragraph (b). The environmental impact inventory 112 must be based onhabitats addressed inthe rules adopted 113 pursuant to this part,ands. 404 of the Clean Water Act, 33 114 U.S.C. s. 1344, andwhich may be impactedbythe Department of 115 Transportationitsplan of construction for transportation 116 projects in the next 3 years of the tentative work program. The 117 Department of Transportation or a transportation authority 118 established pursuant to chapter 348 or chapter 349 may also 119 include in its environmental impact inventory the habitat 120 impacts and the proposed amount of mitigation needed forofany 121 future transportation project. The Department of Transportation 122 and each transportation authority established pursuant to 123 chapter 348 or chapter 349 may fund any mitigation activities 124 for future projects using current year funds. 125 (b) The environmental impact inventory mustshallinclude a 126 description ofthesehabitat impacts, includingtheirlocation, 127 acreage, and type; the proposed amount of mitigation needed 128 based on the functional loss as determined through the Uniform 129 Mitigation Assessment Method (UMAM) adopted in Chapter 62-345, 130 F.A.C.; identification of the proposed mitigation option; state 131 water quality classification of impacted wetlands and other 132 surface waters; any other state or regional designations for 133 these habitats; and a list of threatened species, endangered 134 species, and species of special concern affected by the proposed 135 project. 136 (c) Before projects are identified for inclusion in a water 137 management district mitigation plan as described in subsection 138 (4), the Department of Transportation must consider using 139 credits from a permitted mitigation bank. The Department of 140 Transportation must consider availability of suitable and 141 sufficient mitigation bank credits within the transportation 142 project’s area, ability to satisfy commitments to regulatory and 143 resource agencies, availability of suitable and sufficient 144 mitigation purchased or developed through this section, ability 145 to complete existing water management district or Department of 146 Environmental Protection suitable mitigation sites initiated 147 with Department of Transportation mitigation funds, and ability 148 to satisfy state and federal requirements including long-term 149 maintenance and liability. 150 (3)(a) To implement the mitigation optionfund development151and implementation of the mitigation plan for the projected152impactsidentified in the environmental impact inventory 153 described in subsection (2), the Department of Transportation 154 may purchase credits for current and future use directly from a 155 mitigation bank; purchase mitigation services through the water 156 management districts or the Department of Environmental 157 Protection; conduct its own mitigation; or use other mitigation 158 options that meet state and federal requirements.shall identify159funds quarterly in an escrow account within the State160Transportation Trust Fund for the environmental mitigation phase161of projects budgeted byFunding for the identified mitigation 162 option as described in the environmental impact inventory must 163 be included in the Department of Transportation’s work program 164 developed pursuant to s. 339.135.for the current fiscal year.165The escrow account shall be maintained by the Department of166Transportation for the benefit of the water management167districts. Any interest earnings from the escrow account shall168remain with the Department of Transportation.The amount 169 programmed each year by the Department of Transportation and 170 participating transportation authorities established pursuant to 171 chapter 348 or chapter 349 must correspond to an estimated cost 172 per credit of $150,000 multiplied by the projected number of 173 credits identified in the environmental impact inventory 174 described in subsection (2). This estimated cost per credit will 175 be adjusted every 2 years by the Department of Transportation 176 based on the average cost per UMAM credit paid through this 177 section. 178 (b) Each transportation authority established pursuant to 179 chapter 348 or chapter 349 that chooses to participate in this 180 program shall create an escrow account within its financial 181 structure and deposit funds in the account to pay for the 182 environmental mitigation phase of projects budgeted for the 183 current fiscal year. The escrow account shall be maintained by 184 the authority for the benefit of the water management districts. 185 Any interest earnings from the escrow account shall remain with 186 the authority. 187 (c) For mitigation implemented by the water management 188 district or the Department of Environmental Protection, as 189 appropriate, the amount paid each year must be based on 190 mitigation services provided by the water management districts 191 or Department of Environmental Protection pursuant to an 192 approved water management district plan, as described in 193 subsection (4).Except for current mitigation projects in the194monitoring and maintenance phase and except as allowed by195paragraph (d),The water management districts or the Department 196 of Environmental Protection, as appropriate, may request payment 197a transfer of funds from an escrow accountno sooner than 30 198 days before the date the funds are needed to pay for activities 199 associated with development or implementation ofthepermitted 200 mitigation meeting the requirements pursuant to this part, 33 201 U.S.C. s. 1344, and 33 C.F.R. s. 332, in the approved mitigation 202 plan described in subsection (4) for the current fiscal year.,203including, but not limited to, design, engineering, production,204and staff support. Actual conceptual plan preparation costs205incurred before plan approval may be submitted to the Department206of Transportation or the appropriate transportation authority207each year with the plan. The conceptual plan preparation costs208of each water management district will be paid from mitigation209funds associated with the environmental impact inventory for the210current year. The amount transferred to the escrow accounts each211year by the Department of Transportation and participating212transportation authorities established pursuant to chapter 348213or chapter 349 shall correspond to a cost per acre of $75,000214multiplied by the projected acres of impact identified in the215environmental impact inventory described in subsection (2).216However, the $75,000 cost per acre does not constitute an217admission against interest by the state or its subdivisions and218is not admissible as evidence of full compensation for any219property acquired by eminent domain or through inverse220condemnation. Each July 1, the cost per acre shall be adjusted221by the percentage change in the average of the Consumer Price222Index issued by the United States Department of Labor for the223most recent 12-month period ending September 30, compared to the224base year average, which is the average for the 12-month period225ending September 30, 1996.Each quarter, the projected amount of 226 mitigation mustacreage of impactshallbe reconciled with the 227 actual amount of mitigation needed foracreage of impact of228 projects as permitted, including permit modifications, pursuant 229 to this part and s. 404 of the Clean Water Act, 33 U.S.C. s. 230 1344. The subject year’s programmingtransferof funds shall be 231 adjustedaccordinglyto reflect the mitigationacreage of232impactsas permitted.The Department of Transportation and233participating transportation authorities established pursuant to234chapter 348 or chapter 349 are authorized to transfer such funds235from the escrow accounts to the water management districts to236carry out the mitigation programs. Environmental mitigation237funds that are identified for or maintained in an escrow account238for the benefit of a water management district may be released239if the associated transportation project is excluded in whole or240part from the mitigation plan. For a mitigation project that is241in the maintenance and monitoring phase, the water management242district may request and receive a one-time payment based on the243project’s expected future maintenance and monitoring costs.If 244 the water management district excludes a project from an 245 approved water management district mitigation plan, cannot 246 timely permit a mitigation site to offset the impacts of a 247 Department of Transportation project identified in the 248 environmental impact inventory, or if the proposed mitigation 249 does not meet state and federal requirements, the Department of 250 Transportation may use the associated funds for the purchase of 251 mitigation bank credits or any other mitigation option that 252 satisfies state and federal requirements. Upon final 253disbursement of the final maintenance and monitoringpayment for 254 mitigation of a transportation project as permitted, the 255 obligation of the Department of Transportation or the 256 participating transportation authority is satisfied and the 257 water management district or the Department of Environmental 258 Protection, as appropriate, will have continuing responsibility 259 for the mitigation project., the escrow account for the project260established by the Department of Transportation or the261participating transportation authority may be closed. Any262interest earned on these disbursed funds shall remain with the263water management district and must be used as authorized under264this section.265 (d) Beginning with the March 2014 water management district 266 mitigation plans,in the 2005-2006 fiscal year,each water 267 management district or the Department of Environmental 268 Protection, as appropriate, shall invoice the Department of 269 Transportation for mitigation services to offset only the 270 impacts of a Department of Transportation project identified in 271 the environmental impact inventory, including planning, design, 272 construction, maintenance and monitoring, and other costs 273 necessary to meet requirements pursuant to this section, 33 274 U.S.C. s. 1344, and 33 C.F.R. s. 332.be paid a lump-sum amount275of $75,000 per acre, adjusted as provided under paragraph (c),276for federally funded transportation projects that are included277on the environmental impact inventory and that have an approved278mitigation plan. Beginning in the 2009-2010 fiscal year, each279water management district shall be paid a lump-sum amount of280$75,000 per acre, adjusted as provided under paragraph (c), for281federally funded and nonfederally funded transportation projects282that have an approved mitigation plan. All mitigation costs,283including, but not limited to, the costs of preparing conceptual284plans and the costs of design, construction, staff support,285future maintenance, and monitoring the mitigated acres shall be286funded through these lump-sum amounts.If the water management 287 district identifies the use of mitigation bank credits to offset 288 a Department of Transportation impact, the water management 289 district shall exclude that purchase from the mitigation plan, 290 and the Department of Transportation must purchase the bank 291 credits. 292 (e) For mitigation activities occurring on existing water 293 management district or Department of Environmental Protection 294 mitigation sites initiated with Department of Transportation 295 mitigation funds before July 1, 2013, the water management 296 district or Department of Environmental Protection shall invoice 297 the Department of Transportation or a participating 298 transportation authority at a cost per acre of $75,000 299 multiplied by the projected acres of impact as identified in the 300 environmental impact inventory. The cost per acre must be 301 adjusted by the percentage change in the average of the Consumer 302 Price Index issued by the United States Department of Labor for 303 the most recent 12-month period ending September 30, compared to 304 the base year average, which is the average for the 12-month 305 period ending September 30, 1996. When implementing the 306 mitigation activities necessary to offset the permitted impacts 307 as provided in the approved mitigation plan, the water 308 management district shall maintain records of the costs incurred 309 in implementing the mitigation. The records must include, but 310 are not limited to, costs for planning, land acquisition, 311 design, construction, staff support, long-term maintenance and 312 monitoring of the mitigation site, and other costs necessary to 313 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. 314 (f) For purposes of preparing and implementing the 315 mitigation plans to be adopted by the water management districts 316 on or before March 1, 2013, for impacts based on the July 1, 317 2012, environmental impact inventory, the funds identified in 318 the Department of Transportation’s work program or participating 319 transportation authorities’ escrow accounts must correspond to a 320 cost per acre of $75,000 multiplied by the project acres of 321 impact as identified in the environmental impact inventory. The 322 cost per acre shall be adjusted by the percentage change in the 323 average of the Consumer Price Index issued by the United States 324 Department of Labor for the most recent 12-month period ending 325 September 30, compared to the base year average, which is the 326 average for the 12-month period ending September 30, 1996. 327 Payment as provided under this paragraph is limited to those 328 mitigation activities that are identified in the first year of 329 the 2013 mitigation plan and for which the transportation 330 project is permitted and is in the Department of 331 Transportation’s adopted work program, or equivalent for a 332 transportation authority. When implementing the mitigation 333 activities necessary to offset the permitted impacts as provided 334 in the approved mitigation plan, the water management district 335 shall maintain records of the costs incurred in implementing the 336 mitigation. The records must include, but are not limited to, 337 costs for planning, land acquisition, design, construction, 338 staff support, long-term maintenance and monitoring of the 339 mitigation site, and other costs necessary to meet the 340 requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. To the 341 extent moneys paid to a water management district by the 342 Department of Transportation or a participating transportation 343 authority exceed the amount expended by the water management 344 districts in implementing the mitigation to offset the permitted 345 impacts, these funds must be refunded to the Department of 346 Transportation or participating transportation authority. This 347 paragraph expires June 30, 2014. 348 (4) Before March 1 of each year, each water management 349 district shall develop a mitigation plan to offset only the 350 impacts of transportation projects in the environmental impact 351 inventory for which a water management district is implementing 352 mitigation that meets the requirements of this section, 33 353 U.S.C. s. 1344, and 33 C.F.R. s. 332. The water management- 354 district mitigation plan must be developed,in consultation with 355 the Department of Environmental Protection, the United States 356 Army Corps of Engineers, the Department of Transportation, 357 participating transportation authorities established pursuant to 358 chapter 348 or chapter 349, and other appropriate federal, 359 state, and local governments, and other interested parties, 360 including entities operating mitigation banks, shall develop a361plan for the primary purpose of complying with the mitigation362requirements adopted pursuant to this part and 33 U.S.C. s.3631344. In developing such plans, the water management districts 364 shall use sound ecosystem management practices to address 365 significant water resource needs and considershall focus on366 activities of the Department of Environmental Protection and the 367 water management districts, such as surface water improvement 368 and management (SWIM) projects and lands identified for 369 potential acquisition for preservation, restoration, or 370 enhancement, and the control of invasive and exotic plants in 371 wetlands and other surface waters, to the extent that the 372 activities comply with the mitigation requirements adopted under 373 this part,and33 U.S.C. s. 1344, and 33 C.F.R. s. 332. The 374 water management district mitigation plan must identify each 375 site where the water management district will mitigate for a 376 transportation project. For each mitigation site, the water 377 management district shall provide the scope of the mitigation 378 services, provide the functional gain as determined through the 379 UMAM per Chapter 62-345, F.A.C., describe how the mitigation 380 offsets the impacts of each transportation project as permitted, 381 and provide a schedule for the mitigation services. The water 382 management districts shall maintain records of costs incurred 383 and payments received for providing these services. Records must 384 include, but are not limited to, planning, land acquisition, 385 design, construction, staff support, long-term maintenance and 386 monitoring of the mitigation site, and other costs necessary to 387 meet the requirements of 33 U.S.C. s. 1344 and 33 C.F.R. s. 332. 388 To the extent monies paid to a water management district by the 389 Department of Transportation or a participating transportation 390 authority exceed the amount expended by the water management 391 districts in providing the mitigation services to offset the 392 permitted transportation project impacts, these monies must be 393 refunded to the Department of Transportation or participating 394 transportation authority.In determining the activities to be395included in the plans, the districts shall consider the purchase396of credits from public or private mitigation banks permitted397under s.373.4136and associated federal authorization and shall398include the purchase as a part of the mitigation plan when the399purchase would offset the impact of the transportation project,400provide equal benefits to the water resources than other401mitigation options being considered, and provide the most cost402effective mitigation option.The mitigation plan shall be 403 submitted to the water management district governing board, or 404 its designee, for review and approval. At least 14 days before 405 approval by the governing board, the water management district 406 shall provide a copy of the draft mitigation plan to the 407 Department of Environmental Protection and any person who has 408 requested a copy. Subsequent to governing board approval, the 409 mitigation plan must be submitted to the Department of 410 Environmental Protection for approval. The plan may not be 411 implemented until it is submitted to and approved, in part or in 412 its entirety, by the Department of Environmental Protection. 413(a) For each transportation project with a funding request414for the next fiscal year, the mitigation plan must include a415brief explanation of why a mitigation bank was or was not chosen416as a mitigation option, including an estimation of identifiable417costs of the mitigation bank and nonbank options and other418factors such as time saved, liability for success of the419mitigation, and long-term maintenance.420 (a)(b)Specific projects may be excluded from the 421 mitigation plan, in whole or in part, and are not subject to 422 this section upon the election of the Department of 423 Transportation, a transportation authority if applicable, or the 424 appropriate water management district. The Department of 425 Transportation or a participating transportation authority may 426 not exclude a transportation project from the mitigation plan 427 when mitigation is scheduled for implementation by the water 428 management district in the current fiscal year, except when the 429 transportation project is removed from the Department of 430 Transportation’s work program or transportation authority 431 funding plan, the mitigation cannot be timely permitted to 432 offset the impacts of a Department of Transportation project 433 identified in the environmental impact inventory, or the 434 proposed mitigation does not meet state and federal 435 requirements. If a project is removed from the work program or 436 the mitigation plan, costs expended by the water management 437 district prior to removal are eligible for reimbursement by the 438 Department of Transportation or participating transportation 439 authority. 440 (b)(c)When determining which projects to include in or 441 exclude from the mitigation plan, the Department of 442 Transportation shall investigate using credits from a permitted 443 mitigation bank before those projects are submitted for 444 inclusion in a water management district mitigationtheplan. 445The investigation shall consider the cost-effectiveness of446mitigation bank credits, including, but not limited to, factors447such as time saved, transfer of liability for success of the448mitigation, and long-term maintenance.The Department of 449 Transportation shall exclude a project from the mitigation plan 450 if the investigation undertaken pursuant to this paragraph 451 results in the conclusion that the use of credits from a 452 permitted mitigation bank promotes efficiency, timeliness in 453 project delivery, cost-effectiveness, and transfer of liability 454 for success and long-term maintenance. 455 (5) The water management district shall ensure that 456 mitigation requirements pursuant to 33 U.S.C. s. 1344 and 33 457 C.F.R. s. 332 are met for the impacts identified in the 458 environmental impact inventory for which the water management 459 district will implement mitigation described in subsection (2), 460 by implementation of the approved mitigation plan described in 461 subsection (4) to the extent funding is provided by the 462 Department of Transportation, or a transportation authority 463 established pursuant to chapter 348 or chapter 349, if 464 applicable. In developing and implementing the mitigation plan, 465 the water management district shall comply with federal 466 permitting requirements pursuant to 33 U.S.C. s. 1344 and 33 467 C.F.R. s. 332. During the federal permitting process, the water 468 management district may deviate from the approved mitigation 469 plan in order to comply with federal permitting requirements 470 upon notice and coordination with the Department of 471 Transportation or participating transportation authority. 472 (6) The water management district mitigation plans shall be 473 updated annually to reflect the most current Department of 474 Transportation work program and project list of a transportation 475 authority established pursuant to chapter 348 or chapter 349, if 476 applicable, and may be amended throughout the year to anticipate 477 schedule changes or additional projects which may arise. Before 478 amending the mitigation plan to include new projects, the 479 Department of Transportation shall consider mitigation banks and 480 other available mitigation options that meet state and federal 481 requirements. Each update and amendment of the mitigation plan 482 shall be submitted to the governing board of the water 483 management district or its designee for approval. However, such 484 approval shall not be applicable to a deviation as described in 485 subsection (5). 486 (7) Upon approval by the governing board of the water 487 management district and the Department of Environmental 488 Protectionor its designee, the mitigation plan shall be deemed 489 to satisfy the mitigation requirements under this part for 490 impacts specifically identified in the environmental impact 491 inventory described in subsection (2) and any other mitigation 492 requirements imposed by local, regional, and state agencies for 493 these same impacts. The approval of the governing board of the 494 water management districtor its designeeand the Department of 495 Environmental Protection shall authorize the activities proposed 496 in the mitigation plan, and no other state, regional, or local 497 permit or approval shall be necessary. 498 (8) This section shall not be construed to eliminate the 499 need for the Department of Transportation or a transportation 500 authority established pursuant to chapter 348 or chapter 349 to 501 comply with the requirement to implement practicable design 502 modifications, including realignment of transportation projects, 503 to reduce or eliminate the impacts of its transportation 504 projects on wetlands and other surface waters as required by 505 rules adopted pursuant to this part, or to diminish the 506 authority under this part to regulate other impacts, including 507 water quantity or water quality impacts, or impacts regulated 508 under this part that are not identified in the environmental 509 impact inventory described in subsection (2). 510(9) The process for environmental mitigation for the impact511of transportation projects under this section shall be available512to an expressway, bridge, or transportation authority513established under chapter 348 or chapter 349. Use of this514process may be initiated by an authority depositing the515requisite funds into an escrow account set up by the authority516and filing an environmental impact inventory with the517appropriate water management district. An authority that518initiates the environmental mitigation process established by519this section shall comply with subsection (6) by timely520providing the appropriate water management district with the521requisite work program information. A water management district522may draw down funds from the escrow account as provided in this523section.524 Section 4. Section 373.618, Florida Statutes, is amended to 525 read: 526 373.618 Public service warnings, alerts, and 527 announcements.—The Legislature believes it is in the public 528 interest that eachallwater management districtdistricts529 created pursuant to s. 373.069 own, acquire, develop, construct, 530 operate, and manage public information systems. Public 531 information systems may be located on property owned by the 532 water management district, upon terms and conditions approved by 533 the water management district, and must display messages to the 534 general public concerning water management services, activities, 535 events, and sponsors, as well as other public service 536 announcements, including watering restrictions, severe weather 537 reports, amber alerts, and other essential information needed by 538 the public. Local government review or approval is not required 539 for a public information system owned or hereafter acquired, 540 developed, or constructed by the water management district on 541 its own property. A public information system is exempt from the 542 requirements of chapter 479; however, a public information 543 system that is subject to the Highway Beautification Act of 1965 544 must be approved by the Department of Transportation and the 545 Federal Highway Administration if required by federal law and 546 federal regulation under the agreement between the state and the 547 United States Department of Transportation, and federal 548 regulations enforced by the Department of Transportation under 549 s. 479.02(1). Water management district funds may not be used to 550 pay the cost to acquire, develop, construct, operate, or manage 551 a public information system. Any necessary funds for a public 552 information system shall be paid for and collected from private 553 sponsors who may display commercial messages. 554 Section 5. This act shall take effect July 1, 2013.