PUB 700739: Natural Resource Protection by richard grosso

ARTICLE II: GENERAL PROVISIONS, Section 7. Natural resources and scenic beauty.

1. It shall be the policy of the state to conserve and protect its natural resources and scenic beauty and their inherent economic value . Adequate provision shall be made by law for the abatement of aAir and water pollution and loss or degradation of natural resources, except for de minimus impacts for which full mitigation is provided, and of excessive and unnecessary noise adverse to humans or wildlife shall be prohibited except and only to the extent that impacts must be allowed to avoid a violation of proeprty rights protected by the US or state constitutionsand for the conservation and protection of natural resources. All such impacts must be fully mitigated.
2. Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be fullyprimarily responsible for paying the costs of the abatement of that pollution. For the purposes of this subsection, the terms "Everglades Protection Area" and "Everglades Agricultural Area" shall have the meanings as defined in statutes in effect on January 1, 1996. The rate, volume, nutrient or other pollutant level of water discharges from any land use directly or indirectly into the Everglades Protection Area shall be no greater than is consistent with the best availabel data identiying the hydrologic and chemical requirements of a healthy, restored, Everglades ecosystem.
3. There shall be no land use or development that would cause or contrinute to a net increase in Florida's contribution or vulnerability to increased climate warming, sea level rise or beach erosion.
4. Ther shall be no consumptive use of water made or authorized that withdraws water from any ground or surface water source for whcih an ecologically-based minimum flor or level has not been legally established.
5. No coastal, beach or coastal wetland filling or dredging shall occur until the legal establishment by the state of an erosion control line based upon al least a 30 year forward projection, based on the best available professionally accepted data, of the projected line of erosion. No construction shall be allowed waterward of that line, except for temporary construction.
6. No land use, development or construction shall occur or be authorized which is increases the cost or limits the effectiveness of a local, state, or federal ecological restoration project. The conversion of natural lands, either wetland or upland, to farmlands to other uses, and the conversion of farmland to other uses other than conservation, shall be prohibited unless no reasoanble alternative location exists to locate a required public facility or meet a documented unmet need for residential, commercial, extractive, industrial or other use. New non-conservation or non-farming use or development that are allowed under this section shall result in a full mix of uses and compact development patterns that prioritize the preservation of natural resources and sustainable farmland, including full mitigation for all loss and degradatio of natural or farmland.
7. The use or allowance of, as part of any extractive or other land use, any chemical substance or process with a reasonable potential to adversely affect human or ecological health shall be prohibited abset a clear and convincing demonstration that no such impacts are reasonably likely to occur.
8. No land use, including agriculture, development or construction activity, including utilities and roads, or any statuture, rule or ordinance addressing same, shall be inconsistent with the restoration and sustainability of Florida's air, land and water resources adn ecosystems,
9. No local government shall be precluded from adopting and enforcing standards governing land uses, development adn construction, including those for utilities and roads, that are more stringent than those of the state and federal government, except for those that woudl prohibit on their face the construction of utility or roadway facilities of statewide importance that are consistent with this section.
10. An applicant for government authorization to conduct development, including among other things, construction, extractive or utility use, and road-building, bears the burden of demonstrating in any administative or judicial proceeding, entitlement to such approval under the governing standards.
11. No person who seeks to enforce a state, or local ladn use, environmental, human health -related provision of this section, a statute, agency rule, or local ordinance in a court of law or administative proceeding, whether or not they prevail, shall be required to pay the attorneys fees of an opposing party unlesss the prevailing judge, law judge or appellate panel finds the challenge to have been wholly frivolous.
12. No public or private utility may provide electricity to consumers unless the utility generates the following percentages of its electric power from non-fossil fule adn non-nuclear sources:... by 2020-20%...by 2025 -25%..by 2030-50%...by 2035-75%...by 2040-100%