Florida Senate - 2016                       CS for CS for SB 552
       
       
        
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senator Dean
       
       
       
       
       576-01513-16                                           2016552c2
    1                        A bill to be entitled                      
    2         An act relating to environmental resources; amending
    3         s. 259.032, F.S.; requiring the Department of
    4         Environmental Protection to publish, update, and
    5         maintain a database of conservation lands; requiring
    6         the department to submit a report by a certain date
    7         each year to the Governor and the Legislature
    8         identifying the percentage of such lands which the
    9         public has access to and the efforts the department
   10         has undertaken to increase public access; amending s.
   11         373.019, F.S.; revising the definition of the term
   12         “water resource development” to include technical
   13         assistance to self-suppliers under certain
   14         circumstances; amending s. 373.036, F.S.; requiring
   15         certain information to be included in the consolidated
   16         annual report for certain projects related to water
   17         quality or water quantity; creating s. 373.037, F.S.;
   18         defining terms; providing legislative findings;
   19         authorizing certain water management districts to
   20         designate and implement pilot projects; providing
   21         powers and limitations for the governing boards of
   22         such water management districts; requiring a
   23         participating water management district to submit a
   24         report to the Governor and the Legislature on the
   25         effectiveness of its pilot project by a certain date;
   26         amending s. 373.042, F.S.; requiring the department or
   27         the governing board of a water management district to
   28         adopt a minimum flow or minimum water level for an
   29         Outstanding Florida Spring using emergency rulemaking
   30         authority under certain circumstances; requiring
   31         collaboration in the development and implementation of
   32         recovery or prevention strategies under certain
   33         circumstances; revising the rulemaking authority of
   34         the department; amending s. 373.0421, F.S.; directing
   35         the department or the water management district
   36         governing boards to adopt or modify recovery or
   37         prevention strategies concurrently with the initial
   38         adoption or revision of certain minimum flows and
   39         minimum water levels; directing the department or the
   40         water management district governing boards to
   41         expeditiously adopt a recovery or prevention strategy
   42         under certain circumstances; providing criteria for
   43         such recovery or prevention strategies; requiring
   44         certain amendments to regional water supply plans to
   45         be concurrent with relevant portions of the recovery
   46         or prevention strategy; directing water management
   47         districts to notify the department when water use
   48         permit applications are denied for a specified reason;
   49         providing for the review and update of regional water
   50         supply plans in such cases; creating s. 373.0465,
   51         F.S.; providing legislative findings; defining the
   52         term “Central Florida Water Initiative Area”;
   53         requiring the department, the St. Johns River Water
   54         Management District, the South Florida Water
   55         Management District, the Southwest Florida Water
   56         Management District, and the Department of Agriculture
   57         and Consumer Services to develop and implement a
   58         multidistrict regional water supply plan; providing
   59         plan criteria and requirements; providing
   60         applicability; requiring the department to adopt
   61         rules; amending s. 373.1501, F.S.; specifying
   62         authority of the South Florida Water Management
   63         District to allocate quantities of, and assign
   64         priorities for the use of, water within its
   65         jurisdiction; directing the district to provide
   66         recommendations to the United States Army Corps of
   67         Engineers when developing or implementing certain
   68         water control plans or regulation schedules; amending
   69         s. 373.219, F.S.; requiring the department to adopt
   70         certain uniform rules; amending s. 373.223, F.S.;
   71         requiring consumptive use permits authorizing over a
   72         certain amount to be monitored on a specified basis;
   73         providing an exception; amending s. 373.2234, F.S.;
   74         directing water management district governing boards
   75         to consider the identification of preferred water
   76         supply sources for certain water users; amending s.
   77         373.227, F.S.; prohibiting water management districts
   78         from modifying permitted allocation amounts under
   79         certain circumstances; requiring the water management
   80         districts to adopt rules to promote water conservation
   81         incentives; amending s. 373.233, F.S.; providing
   82         conditions under which the department and water
   83         management district governing boards are directed to
   84         give preference to certain applications; amending s.
   85         373.4591, F.S.; providing priority consideration to
   86         certain public-private partnerships for water storage,
   87         groundwater recharge, and water quality improvements
   88         on private agricultural lands; amending s. 373.4595,
   89         F.S.; revising and providing definitions relating to
   90         the Northern Everglades and Estuaries Protection
   91         Program; clarifying provisions of the Lake Okeechobee
   92         Watershed Protection Program; directing the South
   93         Florida Water Management District to revise certain
   94         rules and provide for a watershed research and water
   95         quality monitoring program; revising provisions for
   96         the Caloosahatchee River Watershed Protection Program
   97         and the St. Lucie River Watershed Protection Program;
   98         revising permitting and annual reporting requirements
   99         relating to the Northern Everglades and Estuaries
  100         Protection Program; revising requirements for certain
  101         basin management action plans; amending s.
  102         373.467, F.S.; revising the qualifications for
  103         membership on the Harris Chain of Lakes Restoration
  104         Council; authorizing the Lake County legislative
  105         delegation to waive such membership qualifications for
  106         good cause; providing for council vacancies; amending
  107         s. 373.536, F.S.; requiring a water management
  108         district to include an annual funding plan in the 5
  109         year water resource development work program;
  110         directing the department to post the proposed work
  111         program on its website; amending s. 373.703, F.S.;
  112         authorizing water management districts to join with
  113         private landowners for the purpose of carrying out
  114         their powers; amending s. 373.705, F.S.; revising
  115         legislative intent; requiring water management
  116         district governing boards to include certain
  117         information in their annual budget submittals;
  118         requiring water management districts to promote
  119         expanded cost-share criteria for additional
  120         conservation practices and software technologies;
  121         amending s. 373.707, F.S.; authorizing water
  122         management districts to provide technical and
  123         financial assistance to certain self-suppliers and to
  124         waive certain construction costs of alternative water
  125         supply development projects sponsored by certain water
  126         users; amending s. 373.709, F.S.; requiring regional
  127         water supply plans to include traditional and
  128         alternative water supply project options that are
  129         technically and financially feasible; directing the
  130         department to include certain funding analyses and
  131         project explanations in regional water supply planning
  132         reports; creating part VIII of ch. 373, F.S., entitled
  133         the “Florida Springs and Aquifer Protection Act”;
  134         creating s. 373.801, F.S.; providing legislative
  135         findings and intent; creating s. 373.802, F.S.;
  136         defining terms; creating s. 373.803, F.S.; requiring
  137         the department to delineate a priority focus area for
  138         each Outstanding Florida Spring by a certain date;
  139         creating s. 373.805, F.S.; requiring a water
  140         management district or the department to adopt or
  141         revise various recovery or prevention strategies under
  142         certain circumstances; providing minimum requirements
  143         for recovery or prevention strategies for Outstanding
  144         Florida Springs; authorizing local governments to
  145         apply for an extension for projects in an adopted
  146         recovery or prevention strategy; creating s. 373.807,
  147         F.S.; requiring the department to initiate assessments
  148         of Outstanding Florida Springs by a certain date;
  149         requiring the department to develop basin management
  150         action plans; authorizing local governments to apply
  151         for an extension for projects in an adopted basin
  152         management action plan; requiring certain local
  153         governments to develop, enact, and implement an urban
  154         fertilizer ordinance by a certain date; requiring the
  155         Department of Environmental Protection, the Department
  156         of Health, and relevant local governments and
  157         utilities to develop onsite sewage treatment and
  158         disposal system remediation plans under certain
  159         circumstances; requiring the Department of
  160         Environmental Protection to be the lead agency;
  161         creating s. 373.811, F.S.; specifying prohibited
  162         activities within a priority focus area of an
  163         Outstanding Florida Spring; creating s. 373.813, F.S.;
  164         providing rulemaking authority; amending s. 403.061,
  165         F.S.; directing the department to adopt by rule a
  166         specific surface water classification to protect
  167         surface waters used for treated potable water supply;
  168         providing criteria for such rule; authorizing the
  169         reclassification of surface waters used for treated
  170         potable water supply notwithstanding such rule;
  171         creating s. 403.0617, F.S.; authorizing the department
  172         to fund nutrient and sediment reduction and
  173         conservation pilot projects under certain
  174         circumstances; requiring the department to initiate
  175         rulemaking by a certain date; amending s. 403.0623,
  176         F.S.; requiring the department to establish certain
  177         standards; requiring state agencies and water
  178         management districts to show that they followed the
  179         department’s standards in order to receive certain
  180         funding; amending s. 403.067, F.S.; providing
  181         requirements for new or revised basin management
  182         action plans; requiring the department to adopt rules
  183         relating to the enforcement and verification of best
  184         management action plans and management strategies;
  185         creating s. 403.0675, F.S.; requiring the department
  186         and the Department of Agriculture and Consumer
  187         Services to post annual progress reports on their
  188         websites and to submit such reports to the Governor
  189         and the Legislature; requiring each water management
  190         district to post the Department of Environmental
  191         Protection’s report on its website; amending s.
  192         403.861, F.S.; directing the department to add treated
  193         potable water supply as a designated use of a surface
  194         water segment under certain circumstances; creating s.
  195         403.928, F.S.; requiring the Office of Economic and
  196         Demographic Research to conduct an annual assessment
  197         of Florida’s water resources and conservation lands;
  198         requiring the assessment to be submitted to the
  199         Legislature by a certain date; requiring the
  200         department to evaluate the feasibility and costs of
  201         creating and maintaining a web-based interactive map;
  202         requiring the department to submit a report of its
  203         findings by a certain date; providing a declaration of
  204         important state interest; providing an effective date.
  205          
  206  Be It Enacted by the Legislature of the State of Florida:
  207  
  208         Section 1. Paragraph (f) is added to subsection (9) of
  209  section 259.032, Florida Statutes, to read:
  210         259.032 Conservation and recreation lands.—
  211         (9)
  212         (f) To ensure that the public has knowledge of and access
  213  to conservation lands, as defined in s. 253.034(2)(c), the
  214  department shall publish, update, and maintain a database of
  215  such lands where public access is compatible with conservation
  216  and recreation purposes.
  217         1. By July 1, 2017, the database must be available to the
  218  public online and must include, at a minimum, the location,
  219  types of allowable recreational opportunities, points of public
  220  access, facilities or other amenities, restrictions, and any
  221  other information the department deems appropriate to increase
  222  public awareness of recreational opportunities on conservation
  223  lands. Such data must be electronically accessible, searchable,
  224  and downloadable in a generally acceptable format.
  225         2. The department, through its own efforts or through
  226  partnership with a third-party entity, shall create an
  227  application downloadable on mobile devices to be used to locate
  228  state lands available for public access using the user’s
  229  locational information or based upon an activity of interest.
  230         3.The database and application must include information
  231  for all state conservation lands to which the public has a right
  232  of access for recreational purposes. Beginning January 1, 2018,
  233  to the greatest extent practicable, the database shall include
  234  similar information for lands owned by federal and local
  235  governmental entities that allow access for recreational
  236  purposes.
  237         4. By January 1 of each year, the department shall provide
  238  a report to the Governor, the President of the Senate, and the
  239  Speaker of the House of Representatives describing the
  240  percentage of public lands acquired under this chapter to which
  241  the public has access and the efforts undertaken by the
  242  department to increase public access to such lands.
  243         Section 2. Subsection (24) of section 373.019, Florida
  244  Statutes, is amended to read:
  245         373.019 Definitions.—When appearing in this chapter or in
  246  any rule, regulation, or order adopted pursuant thereto, the
  247  term:
  248         (24) “Water resource development” means the formulation and
  249  implementation of regional water resource management strategies,
  250  including the collection and evaluation of surface water and
  251  groundwater data; structural and nonstructural programs to
  252  protect and manage water resources; the development of regional
  253  water resource implementation programs; the construction,
  254  operation, and maintenance of major public works facilities to
  255  provide for flood control, surface and underground water
  256  storage, and groundwater recharge augmentation; and related
  257  technical assistance to local governments, and to government
  258  owned and privately owned water utilities, and self-suppliers to
  259  the extent assistance to self-suppliers promotes the policies as
  260  set forth in s. 373.016.
  261         Section 3. Paragraph (b) of subsection (7) of section
  262  373.036, Florida Statutes, is amended to read:
  263         373.036 Florida water plan; district water management
  264  plans.—
  265         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  266         (b) The consolidated annual report shall contain the
  267  following elements, as appropriate to that water management
  268  district:
  269         1. A district water management plan annual report or the
  270  annual work plan report allowed in subparagraph (2)(e)4.
  271         2. The department-approved minimum flows and minimum water
  272  levels annual priority list and schedule required by s.
  273  373.042(3) s. 373.042(2).
  274         3. The annual 5-year capital improvements plan required by
  275  s. 373.536(6)(a)3.
  276         4. The alternative water supplies annual report required by
  277  s. 373.707(8)(n).
  278         5. The final annual 5-year water resource development work
  279  program required by s. 373.536(6)(a)4.
  280         6. The Florida Forever Water Management District Work Plan
  281  annual report required by s. 373.199(7).
  282         7. The mitigation donation annual report required by s.
  283  373.414(1)(b)2.
  284         8.Information on all projects related to water quality or
  285  water quantity as part of a 5-year work program, including:
  286         a. A list of all specific projects identified to implement
  287  a basin management action plan or a recovery or prevention
  288  strategy;
  289         b. A priority ranking for each listed project for which
  290  state funding through the water resources development work
  291  program is requested, which must be made available to the public
  292  for comment at least 30 days before submission of the
  293  consolidated annual report;
  294         c. The estimated cost for each listed project;
  295         d.The estimated completion date for each listed project;
  296         e. The source and amount of financial assistance to be made
  297  available by the department, a water management district, or
  298  other entity for each listed project; and
  299         f.A quantitative estimate of each listed project’s benefit
  300  to the watershed, water body, or water segment in which it is
  301  located.
  302         9. A grade for each watershed, water body, or water segment
  303  in which a project listed under subparagraph 8. is located
  304  representing the level of impairment and violations of adopted
  305  minimum flow or minimum water levels. The grading system must
  306  reflect the severity of the impairment of the watershed,
  307  waterbody, or water segment.
  308         Section 4. Section 373.037, Florida Statutes, is created to
  309  read:
  310         373.037 Pilot program for alternative water supply
  311  development in restricted allocation areas.—
  312         (1) As used in this section, the term:
  313         (a) “Central Florida Water Initiative Area” means all of
  314  Orange, Osceola, Polk, and Seminole Counties, and southern Lake
  315  County, as designated by the Central Florida Water Initiative
  316  Guiding Document of January 30, 2015.
  317         (b) “Lower East Coast Regional Water Supply Planning Area”
  318  means the areas withdrawing surface and groundwater from Water
  319  Conservation Areas 1, 2A, 2B, 3A, and 3B, Grassy Waters
  320  Preserve/Water Catchment Area, Pal Mar, J.W. Corbett Wildlife
  321  Management Area, Loxahatchee Slough, Loxahatchee River,
  322  Riverbend Park, Dupuis Reserve, Jonathan Dickinson State Park,
  323  Kitching Creek, Moonshine Creek, Cypress Creek, Hobe Grove
  324  Ditch, the Holey Land and Rotenberger Wildlife Management Areas,
  325  and the freshwater portions of the Everglades National Park, as
  326  designated by the South Florida Water Management District.
  327         (c) “Restricted allocation area” means an area within a
  328  water supply planning region of the Southwest Florida Water
  329  Management District, the South Florida Water Management
  330  District, or the St. Johns River Water Management District where
  331  the governing board of the water management district has
  332  determined that existing sources of water are not adequate to
  333  supply water for all existing and future reasonable-beneficial
  334  uses and to sustain the water resources and related natural
  335  systems for the planning period pursuant to ss. 373.036 and
  336  373.709 and where the governing board of the water management
  337  district has applied allocation restrictions with regard to the
  338  use of specific sources of water. For the purposes of this
  339  section, the term includes the Central Florida Water Initiative
  340  Area, the Lower East Coast Regional Water Supply Planning Area,
  341  the Southern Water Use Caution Area, and the Upper East Coast
  342  Regional Water Supply Planning Area.
  343         (d) “Southern Water Use Caution Area” means all of Desoto,
  344  Hardee, Manatee, and Sarasota Counties and parts of Charlotte,
  345  Highlands, Hillsborough, and Polk Counties, as designated by the
  346  Southwest Florida Water Management District.
  347         (e) “Upper East Coast Regional Water Supply Planning Area”
  348  means the areas withdrawing surface and groundwater from the
  349  Central and Southern Florida canals or the Floridan Aquifer, as
  350  designated by the South Florida Water Management District.
  351         (2) The Legislature finds that:
  352         (a) Local governments, regional water supply authorities,
  353  and government-owned and privately owned water utilities face
  354  significant challenges in securing funds for implementing large
  355  scale alternative water supply projects in certain restricted
  356  allocation areas due to a variety of factors, such as the
  357  magnitude of the water resource challenges, the large number of
  358  water users, the difficulty of developing multijurisdictional
  359  solutions across district, county, or municipal boundaries, and
  360  the expense of developing large-scale alternative water supply
  361  projects identified in the regional water supply plans pursuant
  362  to s. 373.709.
  363         (b) These factors make it necessary to provide other
  364  options for the Southwest Florida Water Management District, the
  365  South Florida Water Management District, and the St. Johns River
  366  Water Management District to be able to take the lead in
  367  developing and implementing one alternative water supply project
  368  within a restricted allocation area as a pilot alternative water
  369  supply development project.
  370         (c) Each pilot project must provide water supply and
  371  environmental benefits. Consideration should be given to
  372  projects that provide reductions in damaging discharges to tide
  373  or that are part of a recovery or prevention strategy for
  374  minimum flows and minimum water levels.
  375         (3) The water management districts specified in paragraph
  376  (2)(b) may, at their sole discretion, designate and implement an
  377  existing alternative water supply project that is identified in
  378  each district’s regional water supply plan as its one pilot
  379  project or amend their respective regional water supply plans to
  380  add a new alternative water supply project as their district
  381  pilot project. A pilot project designation made pursuant to this
  382  section should be made no later than July 1, 2017, and is not
  383  subject to the rulemaking requirements of chapter 120 or subject
  384  to legal challenge pursuant to ss. 120.569 and 120.57. A water
  385  management district may designate an alternative water supply
  386  project located within another water management district if the
  387  project is located in a restricted allocation area designated by
  388  the other water management district and a substantial quantity
  389  of water provided by the alternative water supply project will
  390  be used within the boundaries of the water management district
  391  that designated the alternative water supply project.
  392         (4) In addition to the other powers granted and duties
  393  imposed under this chapter, if a district specified in paragraph
  394  (2)(b) elects to implement a pilot project pursuant to this
  395  section, its governing board has the following powers and is
  396  subject to the following restrictions in implementing the pilot
  397  project:
  398         (a) The governing board may not develop and implement a
  399  pilot project on privately owned land without the voluntary
  400  consent of the landowner, which consent may be evidenced by
  401  deed, easement, license, contract, or other written legal
  402  instrument executed by the landowner after July 1, 2016.
  403         (b) The governing board may not engage in local water
  404  supply distribution or sell water to the pilot project
  405  participants.
  406         (c) The governing board may join with one or more other
  407  water management districts and counties, municipalities, special
  408  districts, publicly owned or privately owned water utilities,
  409  multijurisdictional water supply entities, regional water supply
  410  authorities, self-suppliers, or other entities for the purpose
  411  of carrying out its powers, and may contract with any such other
  412  entities to finance or otherwise implement acquisitions,
  413  construction, and operation and maintenance, if such contracts
  414  are consistent with the public interest and based upon
  415  independent cost estimates, including comparisons with other
  416  alternative water supply projects. The contracts may provide for
  417  contributions to be made by each party to the contract for the
  418  division and apportionment of resulting costs, including
  419  operations and maintenance, benefits, services, and products.
  420  The contracts may contain other covenants and agreements
  421  necessary and appropriate to accomplish their purposes.
  422         (5) A water management district may provide up to 50
  423  percent of funding assistance for a pilot project.
  424         (6) If a water management district specified in paragraph
  425  (2)(b) elects to implement a pilot project, it shall submit a
  426  report to the Governor, the President of the Senate, and the
  427  Speaker of the House of Representatives by July 1, 2020, on the
  428  effectiveness of its pilot project. The report must include all
  429  of the following information:
  430         (a) A description of the alternative water supply project
  431  selected as a pilot project, including the quantity of water the
  432  project has produced or is expected to produce and the
  433  consumptive users who are expected to use the water produced by
  434  the pilot project to meet their existing and future reasonable
  435  beneficial uses.
  436         (b) Progress made in developing and implementing the pilot
  437  project in comparison to the development and implementation of
  438  other alternative water supply projects in the restricted
  439  allocation area.
  440         (c) The capital and operating costs to be expended by the
  441  water management district in implementing the pilot project in
  442  comparison to other alternative water supply projects being
  443  developed and implemented in the restricted allocation area.
  444         (d) The source of funds to be used by the water management
  445  district in developing and implementing the pilot project.
  446         (e) The benefits to the district’s water resources and
  447  natural systems from implementation of the pilot project.
  448         (f) A recommendation as to whether the traditional role of
  449  water management districts regarding the development and
  450  implementation of alternative water supply projects, as
  451  specified in ss. 373.705 and 373.707, should be revised and, if
  452  so, identification of the statutory changes necessary to expand
  453  the scope of the pilot program.
  454         Section 5. Section 373.042, Florida Statutes, is amended to
  455  read:
  456         373.042 Minimum flows and minimum water levels.—
  457         (1) Within each section, or within the water management
  458  district as a whole, the department or the governing board shall
  459  establish the following:
  460         (a) Minimum flow for all surface watercourses in the area.
  461  The minimum flow for a given watercourse is shall be the limit
  462  at which further withdrawals would be significantly harmful to
  463  the water resources or ecology of the area.
  464         (b) Minimum water level. The minimum water level is shall
  465  be the level of groundwater in an aquifer and the level of
  466  surface water at which further withdrawals would be
  467  significantly harmful to the water resources or ecology of the
  468  area.
  469  
  470  The minimum flow and minimum water level shall be calculated by
  471  the department and the governing board using the best
  472  information available. When appropriate, minimum flows and
  473  minimum water levels may be calculated to reflect seasonal
  474  variations. The department and the governing board shall also
  475  consider, and at their discretion may provide for, the
  476  protection of nonconsumptive uses in the establishment of
  477  minimum flows and minimum water levels.
  478         (2)(a) If a minimum flow or minimum water level has not
  479  been adopted for an Outstanding Florida Spring, a water
  480  management district or the department shall use the emergency
  481  rulemaking authority provided in paragraph (c) to adopt a
  482  minimum flow or minimum water level no later than July 1, 2017,
  483  except for the Northwest Florida Water Management District,
  484  which shall use such authority to adopt minimum flows and
  485  minimum water levels for Outstanding Florida Springs no later
  486  than July 1, 2026.
  487         (b) For Outstanding Florida Springs identified on a water
  488  management district’s priority list developed pursuant to
  489  subsection (3) which have the potential to be affected by
  490  withdrawals in an adjacent district, the adjacent district or
  491  districts and the department shall collaboratively develop and
  492  implement a recovery or prevention strategy for an Outstanding
  493  Florida Spring not meeting an adopted minimum flow or minimum
  494  water level.
  495         (c) The Legislature finds as provided in s. 373.801(3)(b)
  496  that the adoption of minimum flows and minimum water levels or
  497  recovery or prevention strategies for Outstanding Florida
  498  Springs requires immediate action. The department and the
  499  districts are authorized, and all conditions are deemed to be
  500  met, to use emergency rulemaking provisions pursuant to s.
  501  120.54(4) to adopt minimum flows and minimum water levels
  502  pursuant to this subsection and to adopt recovery or prevention
  503  strategies concurrently with a minimum flow or minimum water
  504  level pursuant to s. 373.805(2). The emergency rules shall
  505  remain in effect during the pendency of procedures to adopt
  506  rules addressing the subject of the emergency rules.
  507         (d) As used in this subsection, the term “Outstanding
  508  Florida Spring” has the same meaning as in s. 373.802.
  509         (3)(2) By November 15, 1997, and annually thereafter, each
  510  water management district shall submit to the department for
  511  review and approval a priority list and schedule for the
  512  establishment of minimum flows and minimum water levels for
  513  surface watercourses, aquifers, and surface waters within the
  514  district. The priority list and schedule shall identify those
  515  listed water bodies for which the district will voluntarily
  516  undertake independent scientific peer review; any reservations
  517  proposed by the district to be established pursuant to s.
  518  373.223(4); and those listed water bodies that have the
  519  potential to be affected by withdrawals in an adjacent district
  520  for which the department’s adoption of a reservation pursuant to
  521  s. 373.223(4) or a minimum flow or minimum water level pursuant
  522  to subsection (1) may be appropriate. By March 1, 2006, and
  523  annually thereafter, each water management district shall
  524  include its approved priority list and schedule in the
  525  consolidated annual report required by s. 373.036(7). The
  526  priority list shall be based upon the importance of the waters
  527  to the state or region and the existence of or potential for
  528  significant harm to the water resources or ecology of the state
  529  or region, and shall include those waters which are experiencing
  530  or may reasonably be expected to experience adverse impacts.
  531  Each water management district’s priority list and schedule
  532  shall include all first magnitude springs, and all second
  533  magnitude springs within state or federally owned lands
  534  purchased for conservation purposes. The specific schedule for
  535  establishment of spring minimum flows and minimum water levels
  536  shall be commensurate with the existing or potential threat to
  537  spring flow from consumptive uses. Springs within the Suwannee
  538  River Water Management District, or second magnitude springs in
  539  other areas of the state, need not be included on the priority
  540  list if the water management district submits a report to the
  541  Department of Environmental Protection demonstrating that
  542  adverse impacts are not now occurring nor are reasonably
  543  expected to occur from consumptive uses during the next 20
  544  years. The priority list and schedule is not subject to any
  545  proceeding pursuant to chapter 120. Except as provided in
  546  subsection (4) (3), the development of a priority list and
  547  compliance with the schedule for the establishment of minimum
  548  flows and minimum water levels pursuant to this subsection
  549  satisfies the requirements of subsection (1).
  550         (4)(3) Minimum flows or minimum water levels for priority
  551  waters in the counties of Hillsborough, Pasco, and Pinellas
  552  shall be established by October 1, 1997. Where a minimum flow or
  553  minimum water level for the priority waters within those
  554  counties has not been established by the applicable deadline,
  555  the secretary of the department shall, if requested by the
  556  governing body of any local government within whose jurisdiction
  557  the affected waters are located, establish the minimum flow or
  558  minimum water level in accordance with the procedures
  559  established by this section. The department’s reasonable costs
  560  in establishing a minimum flow or minimum water level shall,
  561  upon request of the secretary, be reimbursed by the district.
  562         (5)(4) A water management district shall provide the
  563  department with technical information and staff support for the
  564  development of a reservation, minimum flow or minimum water
  565  level, or recovery or prevention strategy to be adopted by the
  566  department by rule. A water management district shall apply any
  567  reservation, minimum flow or minimum water level, or recovery or
  568  prevention strategy adopted by the department by rule without
  569  the district’s adoption by rule of such reservation, minimum
  570  flow or minimum water level, or recovery or prevention strategy.
  571         (6)(5)(a) Upon written request to the department or
  572  governing board by a substantially affected person, or by
  573  decision of the department or governing board, before prior to
  574  the establishment of a minimum flow or minimum water level and
  575  before prior to the filing of any petition for administrative
  576  hearing related to the minimum flow or minimum water level, all
  577  scientific or technical data, methodologies, and models,
  578  including all scientific and technical assumptions employed in
  579  each model, used to establish a minimum flow or minimum water
  580  level shall be subject to independent scientific peer review.
  581  Independent scientific peer review means review by a panel of
  582  independent, recognized experts in the fields of hydrology,
  583  hydrogeology, limnology, biology, and other scientific
  584  disciplines, to the extent relevant to the establishment of the
  585  minimum flow or minimum water level.
  586         (b) If independent scientific peer review is requested, it
  587  shall be initiated at an appropriate point agreed upon by the
  588  department or governing board and the person or persons
  589  requesting the peer review. If no agreement is reached, the
  590  department or governing board shall determine the appropriate
  591  point at which to initiate peer review. The members of the peer
  592  review panel shall be selected within 60 days of the point of
  593  initiation by agreement of the department or governing board and
  594  the person or persons requesting the peer review. If the panel
  595  is not selected within the 60-day period, the time limitation
  596  may be waived upon the agreement of all parties. If no waiver
  597  occurs, the department or governing board may proceed to select
  598  the peer review panel. The cost of the peer review shall be
  599  borne equally by the district and each party requesting the peer
  600  review, to the extent economically feasible. The panel shall
  601  submit a final report to the governing board within 120 days
  602  after its selection unless the deadline is waived by agreement
  603  of all parties. Initiation of peer review pursuant to this
  604  paragraph shall toll any applicable deadline under chapter 120
  605  or other law or district rule regarding permitting, rulemaking,
  606  or administrative hearings, until 60 days following submittal of
  607  the final report. Any such deadlines shall also be tolled for 60
  608  days following withdrawal of the request or following agreement
  609  of the parties that peer review will no longer be pursued. The
  610  department or the governing board shall give significant weight
  611  to the final report of the peer review panel when establishing
  612  the minimum flow or minimum water level.
  613         (c) If the final data, methodologies, and models, including
  614  all scientific and technical assumptions employed in each model
  615  upon which a minimum flow or level is based, have undergone peer
  616  review pursuant to this subsection, by request or by decision of
  617  the department or governing board, no further peer review shall
  618  be required with respect to that minimum flow or minimum water
  619  level.
  620         (d) No minimum flow or minimum water level adopted by rule
  621  or formally noticed for adoption on or before May 2, 1997, shall
  622  be subject to the peer review provided for in this subsection.
  623         (7)(6) If a petition for administrative hearing is filed
  624  under chapter 120 challenging the establishment of a minimum
  625  flow or minimum water level, the report of an independent
  626  scientific peer review conducted under subsection (5) (4) is
  627  admissible as evidence in the final hearing, and the
  628  administrative law judge must render the order within 120 days
  629  after the filing of the petition. The time limit for rendering
  630  the order shall not be extended except by agreement of all the
  631  parties. To the extent that the parties agree to the findings of
  632  the peer review, they may stipulate that those findings be
  633  incorporated as findings of fact in the final order.
  634         (8) The rules adopted pursuant to this section are not
  635  subject to s. 120.541(3).
  636         Section 6. Section 373.0421, Florida Statutes, is amended
  637  to read:
  638         373.0421 Establishment and implementation of minimum flows
  639  and minimum water levels.—
  640         (1) ESTABLISHMENT.—
  641         (a) Considerations.—When establishing minimum flows and
  642  minimum water levels pursuant to s. 373.042, the department or
  643  governing board shall consider changes and structural
  644  alterations to watersheds, surface waters, and aquifers and the
  645  effects such changes or alterations have had, and the
  646  constraints such changes or alterations have placed, on the
  647  hydrology of an affected watershed, surface water, or aquifer,
  648  provided that nothing in this paragraph shall allow significant
  649  harm as provided by s. 373.042(1) caused by withdrawals.
  650         (b) Exclusions.—
  651         1. The Legislature recognizes that certain water bodies no
  652  longer serve their historical hydrologic functions. The
  653  Legislature also recognizes that recovery of these water bodies
  654  to historical hydrologic conditions may not be economically or
  655  technically feasible, and that such recovery effort could cause
  656  adverse environmental or hydrologic impacts. Accordingly, the
  657  department or governing board may determine that setting a
  658  minimum flow or minimum water level for such a water body based
  659  on its historical condition is not appropriate.
  660         2. The department or the governing board is not required to
  661  establish minimum flows or minimum water levels pursuant to s.
  662  373.042 for surface water bodies less than 25 acres in area,
  663  unless the water body or bodies, individually or cumulatively,
  664  have significant economic, environmental, or hydrologic value.
  665         3. The department or the governing board shall not set
  666  minimum flows or minimum water levels pursuant to s. 373.042 for
  667  surface water bodies constructed before prior to the requirement
  668  for a permit, or pursuant to an exemption, a permit, or a
  669  reclamation plan which regulates the size, depth, or function of
  670  the surface water body under the provisions of this chapter,
  671  chapter 378, or chapter 403, unless the constructed surface
  672  water body is of significant hydrologic value or is an essential
  673  element of the water resources of the area.
  674  
  675  The exclusions of this paragraph shall not apply to the
  676  Everglades Protection Area, as defined in s. 373.4592(2)(i).
  677         (2) If, at the time a minimum flow or minimum water level
  678  is initially established for a water body pursuant to s. 373.042
  679  or is revised, the existing flow or water level in the a water
  680  body is below, or is projected to fall within 20 years below,
  681  the applicable minimum flow or minimum water level established
  682  pursuant to s. 373.042, the department or governing board, as
  683  part of the regional water supply plan described in s. 373.709,
  684  shall concurrently adopt or modify and expeditiously implement a
  685  recovery or prevention strategy. If a minimum flow or minimum
  686  water level has been established for a water body pursuant to s.
  687  373.042, and the existing flow or water level in the water body
  688  falls below, or is projected to fall within 20 years below, the
  689  applicable minimum flow or minimum water level, the department
  690  or governing board shall expeditiously adopt a recovery or
  691  prevention strategy. A recovery or prevention strategy shall
  692  include, which includes the development of additional water
  693  supplies and other actions, consistent with the authority
  694  granted by this chapter, to:
  695         (a) Achieve recovery to the established minimum flow or
  696  minimum water level as soon as practicable; or
  697         (b) Prevent the existing flow or water level from falling
  698  below the established minimum flow or minimum water level.
  699  
  700  The recovery or prevention strategy must shall include a phased
  701  in approach phasing or a timetable which will allow for the
  702  provision of sufficient water supplies for all existing and
  703  projected reasonable-beneficial uses, including development of
  704  additional water supplies and implementation of conservation and
  705  other efficiency measures concurrent with and, to the maximum
  706  extent practical, and to offset, reductions in permitted
  707  withdrawals, consistent with the provisions of this chapter. The
  708  recovery or prevention strategy may not depend solely on water
  709  shortage restrictions declared pursuant to s. 373.175 or s.
  710  373.246.
  711         (3) To ensure that sufficient water is available for all
  712  existing and future reasonable-beneficial uses and the natural
  713  systems, the applicable regional water supply plan prepared
  714  pursuant to s. 373.709 shall be amended to include any water
  715  supply development project or water resource development project
  716  identified in a recovery or prevention strategy. Such amendment
  717  shall be approved concurrently with relevant portions of the
  718  recovery or prevention strategy.
  719         (4) The water management district shall notify the
  720  department if an application for a water use permit is denied
  721  based upon the impact that the use will have on an adopted
  722  minimum flow or minimum water level. Upon receipt of such
  723  notice, the department shall, as soon as practicable and in
  724  cooperation with the water management district, conduct a review
  725  of the applicable regional water supply plan prepared pursuant
  726  to s. 373.709. Such review shall include an assessment by the
  727  department of the adequacy of the plan in addressing the
  728  legislative intent of s. 373.705(2)(a) which provides that
  729  sufficient water be available for all existing and future
  730  reasonable-beneficial uses and natural systems and that the
  731  adverse effects of competition for water supplies be avoided. If
  732  the department determines, based upon this review, that the
  733  regional water supply plan does not adequately address the
  734  legislative intent of s. 373.705(2)(a), the water management
  735  district shall immediately initiate an update of the plan
  736  consistent with s. 373.709.
  737         (5)(3) The provisions of this section are supplemental to
  738  any other specific requirements or authority provided by law.
  739  Minimum flows and minimum water levels shall be reevaluated
  740  periodically and revised as needed.
  741         Section 7. Section 373.0465, Florida Statutes, is created
  742  to read:
  743         373.0465 Central Florida Water Initiative.—
  744         (1) The Legislature finds that:
  745         (a) Historically, the Floridan Aquifer system has supplied
  746  the vast majority of the water used in the Central Florida
  747  Coordination Area.
  748         (b) Because the boundaries of the St. Johns River Water
  749  Management District, the South Florida Water Management
  750  District, and the Southwest Florida Water Management District
  751  meet within the Central Florida Coordination Area, the three
  752  districts and the Department of Environmental Protection have
  753  worked cooperatively to determine that the Floridan Aquifer
  754  system is locally approaching the sustainable limits of use and
  755  are exploring the need to develop sources of water to meet the
  756  long-term water needs of the area.
  757         (c) The Central Florida Water Initiative is a collaborative
  758  process involving the Department of Environmental Protection,
  759  the St. Johns River Water Management District, the South Florida
  760  Water Management District, the Southwest Florida Water
  761  Management District, the Department of Agriculture and Consumer
  762  Services, regional public water supply utilities, and other
  763  stakeholders. As set forth in the Central Florida Water
  764  Initiative Guiding Document of January 30, 2015, the initiative
  765  has developed an initial framework for a unified process to
  766  address the current and long-term water supply needs of Central
  767  Florida without causing harm to the water resources and
  768  associated natural systems.
  769         (d) Developing water sources as an alternative to continued
  770  reliance on the Floridan Aquifer will benefit existing and
  771  future water users and natural systems within and beyond the
  772  boundaries of the Central Florida Water Initiative.
  773         (2)(a) As used in this section, the term “Central Florida
  774  Water Initiative Area” means all of Orange, Osceola, Polk, and
  775  Seminole Counties, and southern Lake County, as designated by
  776  the Central Florida Water Initiative Guiding Document of January
  777  30, 2015.
  778         (b) The department, the St. Johns River Water Management
  779  District, the South Florida Water Management District, the
  780  Southwest Florida Water Management District, and the Department
  781  of Agriculture and Consumer Services shall:
  782         1. Provide for a continuation of the collaborative process
  783  in the Central Florida Water Initiative Area among the state
  784  agencies, affected water management districts, regional public
  785  water supply utilities, and other stakeholders;
  786         2. Build upon the guiding principles and goals set forth in
  787  the Central Florida Water Initiative Guiding Document of January
  788  30, 2015, and the work that has already been accomplished by the
  789  Central Florida Water Initiative participants;
  790         3. Develop and implement, as set forth in the Central
  791  Florida Water Initiative Guiding Document of January 30, 2015, a
  792  single multidistrict regional water supply plan, including any
  793  needed recovery or prevention strategies and a list of water
  794  supply development projects or water resource projects; and
  795         4. Provide for a single hydrologic planning model to assess
  796  the availability of groundwater in the Central Florida Water
  797  Initiative Area.
  798         (c) In developing the water supply planning program
  799  consistent with the goals set forth in this subsection, the
  800  department, the St. Johns River Water Management District, the
  801  South Florida Water Management District, the Southwest Florida
  802  Water Management District, and the Department of Agriculture and
  803  Consumer Services shall:
  804         1. Consider limitations on groundwater use together with
  805  opportunities for new, increased, or redistributed groundwater
  806  uses that are consistent with the conditions established under
  807  s. 373.223;
  808         2. Establish a coordinated process for the identification
  809  of water resources requiring new or revised conditions. Any new
  810  or revised condition must be consistent with s. 373.223;
  811         3. Consider existing recovery or prevention strategies;
  812         4. Include a list of water supply options sufficient to
  813  meet the water needs of all existing and future reasonable
  814  beneficial uses consistent with the conditions established under
  815  s. 373.223; and
  816         5. Identify, as necessary, which of the water supply
  817  sources are preferred water supply sources pursuant to s.
  818  373.2234.
  819         (d)The department, in consultation with the St. Johns
  820  River Water Management District, the South Florida Water
  821  Management District, the Southwest Florida Water Management
  822  District, and the Department of Agriculture and Consumer
  823  Services, shall adopt uniform rules for application within the
  824  Central Florida Water Initiative Area that include:
  825         1.A single, uniform definition of the term “harmful to the
  826  water resources” consistent with the term’s usage in s. 373.219;
  827         2.A single method for calculating residential per capita
  828  water use;
  829         3.A single process for permit reviews;
  830         4.A single, consistent process, as appropriate, to set
  831  minimum flows and minimum water levels and water reservations;
  832         5.A goal for residential per capita water use for each
  833  consumptive use permit; and
  834         6.An annual conservation goal for each consumptive use
  835  permit consistent with the regional water supply plan.
  836  
  837  The uniform rules must include existing recovery strategies
  838  within the Central Florida Water Initiative Area adopted before
  839  July 1, 2016. The department may grant variances to the uniform
  840  rules if there are unique circumstances or hydrogeological
  841  factors that make application of the uniform rules unrealistic
  842  or impractical.
  843         (e) The department shall initiate rulemaking for the
  844  uniform rules by December 31, 2016. The department’s uniform
  845  rules shall be applied by the water management districts only
  846  within the Central Florida Water Initiative Area. Upon adoption
  847  of the rules, the water management districts shall implement the
  848  rules without further rulemaking pursuant to s. 120.54. The
  849  rules adopted by the department pursuant to this section are
  850  considered the rules of the water management districts.
  851         (f) Water management district planning programs developed
  852  pursuant to this subsection shall be approved or adopted as
  853  required under this chapter. However, such planning programs may
  854  not serve to modify planning programs in areas of the affected
  855  districts that are not within the Central Florida Water
  856  Initiative Area, but may include interregional projects located
  857  outside the Central Florida Water Initiative Area which are
  858  consistent with planning and regulatory programs in the areas in
  859  which they are located.
  860         Section 8. Subsection (4) of section 373.1501, Florida
  861  Statutes, is amended, present subsections (7) and (8) of that
  862  section are redesignated as subsections (8) and (9),
  863  respectively, and a new subsection (7) is added to that section,
  864  to read:
  865         373.1501 South Florida Water Management District as local
  866  sponsor.—
  867         (4) The district is authorized to act as local sponsor of
  868  the project for those project features within the district as
  869  provided in this subsection and subject to the oversight of the
  870  department as further provided in s. 373.026. The district shall
  871  exercise the authority of the state to allocate quantities of
  872  water within its jurisdiction, including the water supply in
  873  relation to the project, and be responsible for allocating water
  874  and assigning priorities among the other water uses served by
  875  the project pursuant to state law. The district may:
  876         (a) Act as local sponsor for all project features
  877  previously authorized by Congress.;
  878         (b) Continue data gathering, analysis, research, and design
  879  of project components, participate in preconstruction
  880  engineering and design documents for project components, and
  881  further refine the Comprehensive Plan of the restudy as a guide
  882  and framework for identifying other project components.;
  883         (c) Construct pilot projects that will assist in
  884  determining the feasibility of technology included in the
  885  Comprehensive Plan of the restudy.; and
  886         (d) Act as local sponsor for project components.
  887         (7) When developing or implementing water control plans or
  888  regulation schedules required for the operation of the project,
  889  the district shall provide recommendations to the United States
  890  Army Corps of Engineers which are consistent with all district
  891  programs and plans.
  892         Section 9. Subsection (3) is added to section 373.219,
  893  Florida Statutes, to read:
  894         373.219 Permits required.—
  895         (3) For Outstanding Florida Springs, the department shall
  896  adopt uniform rules for issuing permits which prevent
  897  groundwater withdrawals that are harmful to the water resources
  898  and adopt by rule a uniform definition of the term “harmful to
  899  the water resources” to provide water management districts with
  900  minimum standards necessary to be consistent with the overall
  901  water policy of the state. This subsection does not prohibit a
  902  water management district from adopting a definition that is
  903  more protective of the water resources consistent with local or
  904  regional conditions and objectives.
  905         Section 10. Subsection (6) is added to section 373.223,
  906  Florida Statutes, to read:
  907         373.223 Conditions for a permit.—
  908         (6) A new consumptive use permit, or the renewal or
  909  modification of a consumptive use permit, that authorizes
  910  groundwater withdrawals of 100,000 gallons or more per day from
  911  a well with an inside diameter of 8 inches or more shall be
  912  monitored for water usage at intervals using methods determined
  913  by the applicable water management district, and the results of
  914  such monitoring shall be reported to the applicable water
  915  management district at least annually. The water management
  916  districts may adopt rules to implement this subsection. In lieu
  917  of the requirements of this subsection, a water management
  918  district may enforce rules that govern water usage monitoring in
  919  effect on July 1, 2016, or may adopt rules that are more
  920  stringent than this subsection.
  921         Section 11. Section 373.2234, Florida Statutes, is amended
  922  to read:
  923         373.2234 Preferred water supply sources.—
  924         (1) The governing board of a water management district is
  925  authorized to adopt rules that identify preferred water supply
  926  sources for consumptive uses for which there is sufficient data
  927  to establish that a preferred source will provide a substantial
  928  new water supply to meet the existing and projected reasonable
  929  beneficial uses of a water supply planning region identified
  930  pursuant to s. 373.709(1), while sustaining existing water
  931  resources and natural systems. At a minimum, such rules must
  932  contain a description of the preferred water supply source and
  933  an assessment of the water the preferred source is projected to
  934  produce.
  935         (2)(a) If an applicant proposes to use a preferred water
  936  supply source, that applicant’s proposed water use is subject to
  937  s. 373.223(1), except that the proposed use of a preferred water
  938  supply source must be considered by a water management district
  939  when determining whether a permit applicant’s proposed use of
  940  water is consistent with the public interest pursuant to s.
  941  373.223(1)(c).
  942         (b) The governing board of a water management district
  943  shall consider the identification of preferred water supply
  944  sources for water users for whom access to or development of new
  945  water supplies is not technically or financially feasible.
  946  Identification of preferred water supply sources for such water
  947  users must be consistent with s. 373.016.
  948         (c) A consumptive use permit issued for the use of a
  949  preferred water supply source must be granted, when requested by
  950  the applicant, for at least a 20-year period and may be subject
  951  to the compliance reporting provisions of s. 373.236(4).
  952         (3)(a)Nothing in This section does not: shall be construed
  953  to
  954         1. Exempt the use of preferred water supply sources from
  955  the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
  956  construed to
  957         2. Provide that permits issued for the use of a
  958  nonpreferred water supply source must be issued for a duration
  959  of less than 20 years or that the use of a nonpreferred water
  960  supply source is not consistent with the public interest; or.
  961         3.Additionally, nothing in this section shall be
  962  interpreted to Require the use of a preferred water supply
  963  source or to restrict or prohibit the use of a nonpreferred
  964  water supply source.
  965         (b) Rules adopted by the governing board of a water
  966  management district to implement this section shall specify that
  967  the use of a preferred water supply source is not required and
  968  that the use of a nonpreferred water supply source is not
  969  restricted or prohibited.
  970         Section 12. Present subsection (5) of section 373.227,
  971  Florida Statutes, is redesignated as subsection (7), and a new
  972  subsection (5) and subsection (6) are added to that section, to
  973  read:
  974         373.227 Water conservation; legislative findings and
  975  intent; objectives; comprehensive statewide water conservation
  976  program requirements.—
  977         (5) To incentivize water conservation, if actual water use
  978  is less than permitted water use due to documented
  979  implementation of water conservation measures beyond those
  980  required in a consumptive use permit, including, but not limited
  981  to, those measures identified in best management practices
  982  pursuant to s. 570.93, the permitted allocation may not be
  983  modified solely due to such water conservation during the term
  984  of the permit. To promote water conservation and the
  985  implementation of measures that produce significant water
  986  savings beyond those required in a consumptive use permit, each
  987  water management district shall adopt rules providing water
  988  conservation incentives, which may include limited permit
  989  extensions.
  990         (6) For consumptive use permits for agricultural
  991  irrigation, if actual water use is less than permitted water use
  992  due to weather events, crop diseases, nursery stock
  993  availability, market conditions, or changes in crop type, a
  994  district may not, as a result, reduce permitted allocation
  995  amounts during the term of the permit.
  996         Section 13. Subsection (2) of section 373.233, Florida
  997  Statutes, is amended to read:
  998         373.233 Competing applications.—
  999         (2)(a) If In the event that two or more competing
 1000  applications qualify equally under the provisions of subsection
 1001  (1), the governing board or the department shall give preference
 1002  to a renewal application over an initial application.
 1003         (b) If two or more competing applications qualify equally
 1004  under subsection (1) and none of the competing applications is a
 1005  renewal application, the governing board or the department shall
 1006  give preference to the application for the use where the source
 1007  is nearest to the area of use or application consistent with s.
 1008  373.016(4)(a).
 1009         Section 14. Section 373.4591, Florida Statutes, is amended
 1010  to read:
 1011         373.4591 Improvements on private agricultural lands.—
 1012         (1) The Legislature encourages public-private partnerships
 1013  to accomplish water storage, groundwater recharge, and water
 1014  quality improvements on private agricultural lands. Priority
 1015  consideration shall be given to public-private partnerships
 1016  that:
 1017         (a) Store or treat water on private lands for purposes of
 1018  enhancing hydrologic improvement, improving water quality, or
 1019  assisting in water supply;
 1020         (b) Provide critical groundwater recharge; or
 1021         (c) Provide for changes in land use to activities that
 1022  minimize nutrient loads and maximize water conservation.
 1023         (2)(a) When an agreement is entered into between the
 1024  department, a water management district, or the Department of
 1025  Agriculture and Consumer Services and a private landowner to
 1026  establish such a public-private partnership that may create or
 1027  impact wetlands or other surface waters, a baseline condition
 1028  determining the extent of wetlands and other surface waters on
 1029  the property shall be established and documented in the
 1030  agreement before improvements are constructed.
 1031         (b) When an agreement is entered into between the
 1032  Department of Agriculture and Consumer Services and a private
 1033  landowner to implement best management practices pursuant to s.
 1034  403.067(7)(c), a baseline condition determining the extent of
 1035  wetlands and other surface water on the property may be
 1036  established at the option and expense of the private landowner
 1037  and documented in the agreement before improvements are
 1038  constructed. The Department of Agriculture and Consumer Services
 1039  shall submit the landowner’s proposed baseline condition
 1040  documentation to the lead agency for review and approval, and
 1041  the agency shall use its best efforts to complete the review
 1042  within 45 days.
 1043         (3) The Department of Agriculture and Consumer Services,
 1044  the department, and the water management districts shall provide
 1045  a process for reviewing these requests in the timeframe
 1046  specified. The determination of a baseline condition shall be
 1047  conducted using the methods set forth in the rules adopted
 1048  pursuant to s. 373.421. The baseline condition documented in an
 1049  agreement shall be considered the extent of wetlands and other
 1050  surface waters on the property for the purpose of regulation
 1051  under this chapter for the duration of the agreement and after
 1052  its expiration.
 1053         Section 15. Paragraph (h) of subsection (1) and subsections
 1054  (2) through (7) of section 373.4595, Florida Statutes, are
 1055  amended to read:
 1056         373.4595 Northern Everglades and Estuaries Protection
 1057  Program.—
 1058         (1) FINDINGS AND INTENT.—
 1059         (h) The Legislature finds that the expeditious
 1060  implementation of the Lake Okeechobee Watershed Protection
 1061  Program, the Caloosahatchee River Watershed Protection Program,
 1062  Plan and the St. Lucie River Watershed Protection Program Plans
 1063  is needed to improve the quality, quantity, timing, and
 1064  distribution of water in the northern Everglades ecosystem and
 1065  that this section, in conjunction with s. 403.067, including the
 1066  implementation of the plans developed and approved pursuant to
 1067  subsections (3) and (4), and any related basin management action
 1068  plan developed and implemented pursuant to s. 403.067(7)(a),
 1069  provide a reasonable means of achieving the total maximum daily
 1070  load requirements and achieving and maintaining compliance with
 1071  state water quality standards.
 1072         (2) DEFINITIONS.—As used in this section, the term:
 1073         (a) “Best management practice” means a practice or
 1074  combination of practices determined by the coordinating
 1075  agencies, based on research, field-testing, and expert review,
 1076  to be the most effective and practicable on-location means,
 1077  including economic and technological considerations, for
 1078  improving water quality in agricultural and urban discharges.
 1079  Best management practices for agricultural discharges shall
 1080  reflect a balance between water quality improvements and
 1081  agricultural productivity.
 1082         (b) “Biosolids” means the solid, semisolid, or liquid
 1083  residue generated during the treatment of domestic wastewater in
 1084  a domestic wastewater treatment facility, formerly known as
 1085  “domestic wastewater residuals” or “residuals,” and includes
 1086  products and treated material from biosolids treatment
 1087  facilities and septage management facilities regulated by the
 1088  department. The term does not include the treated effluent or
 1089  reclaimed water from a domestic wastewater treatment facility,
 1090  solids removed from pump stations and lift stations, screenings
 1091  and grit removed from the preliminary treatment components of
 1092  domestic wastewater treatment facilities, or ash generated
 1093  during the incineration of biosolids.
 1094         (c)(b) “Caloosahatchee River watershed” means the
 1095  Caloosahatchee River, its tributaries, its estuary, and the area
 1096  within Charlotte, Glades, Hendry, and Lee Counties from which
 1097  surface water flow is directed or drains, naturally or by
 1098  constructed works, to the river, its tributaries, or its
 1099  estuary.
 1100         (d)(c) “Coordinating agencies” means the Department of
 1101  Agriculture and Consumer Services, the Department of
 1102  Environmental Protection, and the South Florida Water Management
 1103  District.
 1104         (e)(d) “Corps of Engineers” means the United States Army
 1105  Corps of Engineers.
 1106         (f)(e) “Department” means the Department of Environmental
 1107  Protection.
 1108         (g)(f) “District” means the South Florida Water Management
 1109  District.
 1110         (g) “District’s WOD program” means the program implemented
 1111  pursuant to rules adopted as authorized by this section and ss.
 1112  373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
 1113  373.451, and 373.453, entitled “Works of the District Basin.”
 1114         (h) “Lake Okeechobee Watershed Construction Project” means
 1115  the construction project developed pursuant to this section
 1116  paragraph (3)(b).
 1117         (i) “Lake Okeechobee Watershed Protection Plan” means the
 1118  Lake Okeechobee Watershed Construction Project and the Lake
 1119  Okeechobee Watershed Research and Water Quality Monitoring
 1120  Program plan developed pursuant to this section and ss. 373.451
 1121  373.459.
 1122         (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
 1123  tributaries, and the area within which surface water flow is
 1124  directed or drains, naturally or by constructed works, to the
 1125  lake or its tributaries.
 1126         (k) “Lake Okeechobee Watershed Phosphorus Control Program”
 1127  means the program developed pursuant to paragraph (3)(c).
 1128         (k)(l) “Northern Everglades” means the Lake Okeechobee
 1129  watershed, the Caloosahatchee River watershed, and the St. Lucie
 1130  River watershed.
 1131         (l)(m) “Project component” means any structural or
 1132  operational change, resulting from the Restudy, to the Central
 1133  and Southern Florida Project as it existed and was operated as
 1134  of January 1, 1999.
 1135         (m)(n) “Restudy” means the Comprehensive Review Study of
 1136  the Central and Southern Florida Project, for which federal
 1137  participation was authorized by the Federal Water Resources
 1138  Development Acts of 1992 and 1996 together with related
 1139  Congressional resolutions and for which participation by the
 1140  South Florida Water Management District is authorized by s.
 1141  373.1501. The term includes all actions undertaken pursuant to
 1142  the aforementioned authorizations which will result in
 1143  recommendations for modifications or additions to the Central
 1144  and Southern Florida Project.
 1145         (n)(o) “River Watershed Protection Plans” means the
 1146  Caloosahatchee River Watershed Protection Plan and the St. Lucie
 1147  River Watershed Protection Plan developed pursuant to this
 1148  section.
 1149         (o) “Soil amendment” means any substance or mixture of
 1150  substances sold or offered for sale for soil enriching or
 1151  corrective purposes, intended or claimed to be effective in
 1152  promoting or stimulating plant growth, increasing soil or plant
 1153  productivity, improving the quality of crops, or producing any
 1154  chemical or physical change in the soil, except amendments,
 1155  conditioners, additives, and related products that are derived
 1156  solely from inorganic sources and that contain no recognized
 1157  plant nutrients.
 1158         (p) “St. Lucie River watershed” means the St. Lucie River,
 1159  its tributaries, its estuary, and the area within Martin,
 1160  Okeechobee, and St. Lucie Counties from which surface water flow
 1161  is directed or drains, naturally or by constructed works, to the
 1162  river, its tributaries, or its estuary.
 1163         (q) “Total maximum daily load” means the sum of the
 1164  individual wasteload allocations for point sources and the load
 1165  allocations for nonpoint sources and natural background adopted
 1166  pursuant to s. 403.067. Before Prior to determining individual
 1167  wasteload allocations and load allocations, the maximum amount
 1168  of a pollutant that a water body or water segment can assimilate
 1169  from all sources without exceeding water quality standards must
 1170  first be calculated.
 1171         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
 1172  Okeechobee Watershed Protection Program shall consist of the
 1173  Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
 1174  Basin Management Action Plan adopted pursuant to s. 403.067, the
 1175  Lake Okeechobee Exotic Species Control Program, and the Lake
 1176  Okeechobee Internal Phosphorus Management Program. The Lake
 1177  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1178  403.067 shall be the component of the Lake Okeechobee Watershed
 1179  Protection A protection Program for Lake Okeechobee that
 1180  achieves phosphorus load reductions for Lake Okeechobee shall be
 1181  immediately implemented as specified in this subsection. The
 1182  Lake Okeechobee Watershed Protection Program shall address the
 1183  reduction of phosphorus loading to the lake from both internal
 1184  and external sources. Phosphorus load reductions shall be
 1185  achieved through a phased program of implementation. Initial
 1186  implementation actions shall be technology-based, based upon a
 1187  consideration of both the availability of appropriate technology
 1188  and the cost of such technology, and shall include phosphorus
 1189  reduction measures at both the source and the regional level.
 1190  The initial phase of phosphorus load reductions shall be based
 1191  upon the district’s Technical Publication 81-2 and the
 1192  district’s WOD program, with subsequent phases of phosphorus
 1193  load reductions based upon the total maximum daily loads
 1194  established in accordance with s. 403.067. In the development
 1195  and administration of the Lake Okeechobee Watershed Protection
 1196  Program, the coordinating agencies shall maximize opportunities
 1197  provided by federal cost-sharing programs and opportunities for
 1198  partnerships with the private sector.
 1199         (a) Lake Okeechobee Watershed Protection Plan.In order To
 1200  protect and restore surface water resources, the district, in
 1201  cooperation with the other coordinating agencies, shall complete
 1202  a Lake Okeechobee Watershed Protection Plan in accordance with
 1203  this section and ss. 373.451-373.459. Beginning March 1, 2020,
 1204  and every 5 years thereafter, the district shall update the Lake
 1205  Okeechobee Watershed Protection Plan to ensure that it is
 1206  consistent with the Lake Okeechobee Basin Management Action Plan
 1207  adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
 1208  Protection Plan shall identify the geographic extent of the
 1209  watershed, be coordinated with the plans developed pursuant to
 1210  paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
 1211  Watershed Construction Project and the Lake Okeechobee Watershed
 1212  Research and Water Quality Monitoring Program contain an
 1213  implementation schedule for subsequent phases of phosphorus load
 1214  reduction consistent with the total maximum daily loads
 1215  established in accordance with s. 403.067. The plan shall
 1216  consider and build upon a review and analysis of the following:
 1217         1. the performance of projects constructed during Phase I
 1218  and Phase II of the Lake Okeechobee Watershed Construction
 1219  Project, pursuant to subparagraph 1.; paragraph (b).
 1220         2. relevant information resulting from the Lake Okeechobee
 1221  Basin Management Action Plan Watershed Phosphorus Control
 1222  Program, pursuant to paragraph (b); (c).
 1223         3. relevant information resulting from the Lake Okeechobee
 1224  Watershed Research and Water Quality Monitoring Program,
 1225  pursuant to subparagraph 2.; paragraph (d).
 1226         4. relevant information resulting from the Lake Okeechobee
 1227  Exotic Species Control Program, pursuant to paragraph (c); and
 1228  (e).
 1229         5. relevant information resulting from the Lake Okeechobee
 1230  Internal Phosphorus Management Program, pursuant to paragraph
 1231  (d) (f).
 1232         1.(b) Lake Okeechobee Watershed Construction Project.—To
 1233  improve the hydrology and water quality of Lake Okeechobee and
 1234  downstream receiving waters, including the Caloosahatchee and
 1235  St. Lucie Rivers and their estuaries, the district, in
 1236  cooperation with the other coordinating agencies, shall design
 1237  and construct the Lake Okeechobee Watershed Construction
 1238  Project. The project shall include:
 1239         a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
 1240  Construction Project shall consist of a series of project
 1241  features consistent with the recommendations of the South
 1242  Florida Ecosystem Restoration Working Group’s Lake Okeechobee
 1243  Action Plan. Priority basins for such projects include S-191, S
 1244  154, and Pools D and E in the Lower Kissimmee River. In order To
 1245  obtain phosphorus load reductions to Lake Okeechobee as soon as
 1246  possible, the following actions shall be implemented:
 1247         (I)a. The district shall serve as a full partner with the
 1248  Corps of Engineers in the design and construction of the Grassy
 1249  Island Ranch and New Palm Dairy stormwater treatment facilities
 1250  as components of the Lake Okeechobee Water Retention/Phosphorus
 1251  Removal Critical Project. The Corps of Engineers shall have the
 1252  lead in design and construction of these facilities. Should
 1253  delays be encountered in the implementation of either of these
 1254  facilities, the district shall notify the department and
 1255  recommend corrective actions.
 1256         (II)b. The district shall obtain permits and complete
 1257  construction of two of the isolated wetland restoration projects
 1258  that are part of the Lake Okeechobee Water Retention/Phosphorus
 1259  Removal Critical Project. The additional isolated wetland
 1260  projects included in this critical project shall further reduce
 1261  phosphorus loading to Lake Okeechobee.
 1262         (III)c. The district shall work with the Corps of Engineers
 1263  to expedite initiation of the design process for the Taylor
 1264  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
 1265  Area, a project component of the Comprehensive Everglades
 1266  Restoration Plan. The district shall propose to the Corps of
 1267  Engineers that the district take the lead in the design and
 1268  construction of the Reservoir Assisted Stormwater Treatment Area
 1269  and receive credit towards the local share of the total cost of
 1270  the Comprehensive Everglades Restoration Plan.
 1271         b.2. Phase II technical plan and construction.—By February
 1272  1, 2008, The district, in cooperation with the other
 1273  coordinating agencies, shall develop a detailed technical plan
 1274  for Phase II of the Lake Okeechobee Watershed Construction
 1275  Project which provides the basis for the Lake Okeechobee Basin
 1276  Management Action Plan adopted by the department pursuant to s.
 1277  403.067. The detailed technical plan shall include measures for
 1278  the improvement of the quality, quantity, timing, and
 1279  distribution of water in the northern Everglades ecosystem,
 1280  including the Lake Okeechobee watershed and the estuaries, and
 1281  for facilitating the achievement of water quality standards. Use
 1282  of cost-effective biologically based, hybrid wetland/chemical
 1283  and other innovative nutrient control technologies shall be
 1284  incorporated in the plan where appropriate. The detailed
 1285  technical plan shall also include a Process Development and
 1286  Engineering component to finalize the detail and design of Phase
 1287  II projects and identify additional measures needed to increase
 1288  the certainty that the overall objectives for improving water
 1289  quality and quantity can be met. Based on information and
 1290  recommendations from the Process Development and Engineering
 1291  component, the Phase II detailed technical plan shall be
 1292  periodically updated. Phase II shall include construction of
 1293  additional facilities in the priority basins identified in sub
 1294  subparagraph a. subparagraph 1., as well as facilities for other
 1295  basins in the Lake Okeechobee watershed. This detailed technical
 1296  plan will require legislative ratification pursuant to paragraph
 1297  (i). The technical plan shall:
 1298         (I)a. Identify Lake Okeechobee Watershed Construction
 1299  Project facilities designed to contribute to achieving all
 1300  applicable total maximum daily loads established pursuant to s.
 1301  403.067 within the Lake Okeechobee watershed.
 1302         (II)b. Identify the size and location of all such Lake
 1303  Okeechobee Watershed Construction Project facilities.
 1304         (III)c. Provide a construction schedule for all such Lake
 1305  Okeechobee Watershed Construction Project facilities, including
 1306  the sequencing and specific timeframe for construction of each
 1307  Lake Okeechobee Watershed Construction Project facility.
 1308         (IV)d. Provide a schedule for the acquisition of lands or
 1309  sufficient interests necessary to achieve the construction
 1310  schedule.
 1311         (V)e. Provide a detailed schedule of costs associated with
 1312  the construction schedule.
 1313         (VI)f. Identify, to the maximum extent practicable, impacts
 1314  on wetlands and state-listed species expected to be associated
 1315  with construction of such facilities, including potential
 1316  alternatives to minimize and mitigate such impacts, as
 1317  appropriate.
 1318         (VII)g. Provide for additional measures, including
 1319  voluntary water storage and quality improvements on private
 1320  land, to increase water storage and reduce excess water levels
 1321  in Lake Okeechobee and to reduce excess discharges to the
 1322  estuaries.
 1323         (VIII)The technical plan shall also Develop the
 1324  appropriate water quantity storage goal to achieve the desired
 1325  Lake Okeechobee range of lake levels and inflow volumes to the
 1326  Caloosahatchee and St. Lucie estuaries while meeting the other
 1327  water-related needs of the region, including water supply and
 1328  flood protection.
 1329         (IX)h. Provide for additional source controls needed to
 1330  enhance performance of the Lake Okeechobee Watershed
 1331  Construction Project facilities. Such additional source controls
 1332  shall be incorporated into the Lake Okeechobee Basin Management
 1333  Action Plan Watershed Phosphorous Control Program pursuant to
 1334  paragraph (b) (c).
 1335         c.3. Evaluation.—Within 5 years after the adoption of the
 1336  Lake Okeechobee Basin Management Action Plan pursuant to s.
 1337  403.067 and every 5 By January 1, 2004, and every 3 years
 1338  thereafter, the department district, in cooperation with the
 1339  other coordinating agencies, shall conduct an evaluation of the
 1340  Lake Okeechobee Watershed Construction Project and identify any
 1341  further load reductions necessary to achieve compliance with the
 1342  all Lake Okeechobee watershed total maximum daily loads
 1343  established pursuant to s. 403.067. Additionally, The district
 1344  shall identify modifications to facilities of the Lake
 1345  Okeechobee Watershed Construction Project as appropriate to meet
 1346  the total maximum daily loads. Modifications to the Lake
 1347  Okeechobee Watershed Construction Project resulting from this
 1348  evaluation shall be incorporated into the Lake Okeechobee Basin
 1349  Management Action Plan and The evaluation shall be included in
 1350  the applicable annual progress report submitted pursuant to
 1351  subsection (6).
 1352         d.4. Coordination and review.—To ensure the timely
 1353  implementation of the Lake Okeechobee Watershed Construction
 1354  Project, the design of project facilities shall be coordinated
 1355  with the department and other interested parties, including
 1356  affected local governments, to the maximum extent practicable.
 1357  Lake Okeechobee Watershed Construction Project facilities shall
 1358  be reviewed and commented upon by the department before prior to
 1359  the execution of a construction contract by the district for
 1360  that facility.
 1361         2. Lake Okeechobee Watershed Research and Water Quality
 1362  Monitoring Program.—The coordinating agencies shall implement a
 1363  Lake Okeechobee Watershed Research and Water Quality Monitoring
 1364  Program. Results from the program shall be used by the
 1365  department, in cooperation with the other coordinating agencies,
 1366  to make modifications to the Lake Okeechobee Basin Management
 1367  Action Plan adopted pursuant to s. 403.067, as appropriate. The
 1368  program shall:
 1369         a. Evaluate all available existing water quality data
 1370  concerning total phosphorus in the Lake Okeechobee watershed,
 1371  develop a water quality baseline to represent existing
 1372  conditions for total phosphorus, monitor long-term ecological
 1373  changes, including water quality for total phosphorus, and
 1374  measure compliance with water quality standards for total
 1375  phosphorus, including any applicable total maximum daily load
 1376  for the Lake Okeechobee watershed as established pursuant to s.
 1377  403.067. Beginning March 1, 2020, and every 5 years thereafter,
 1378  the department shall reevaluate water quality and quantity data
 1379  to ensure that the appropriate projects are being designated and
 1380  incorporated into the Lake Okeechobee Basin Management Action
 1381  Plan adopted pursuant to s. 403.067. The district shall
 1382  implement a total phosphorus monitoring program at appropriate
 1383  structures owned or operated by the district and within the Lake
 1384  Okeechobee watershed.
 1385         b. Develop a Lake Okeechobee water quality model that
 1386  reasonably represents the phosphorus dynamics of Lake Okeechobee
 1387  and incorporates an uncertainty analysis associated with model
 1388  predictions.
 1389         c. Determine the relative contribution of phosphorus from
 1390  all identifiable sources and all primary and secondary land
 1391  uses.
 1392         d. Conduct an assessment of the sources of phosphorus from
 1393  the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their
 1394  relative contribution to the water quality of Lake Okeechobee.
 1395  The results of this assessment shall be used by the coordinating
 1396  agencies as part of the Lake Okeechobee Basin Management Action
 1397  Plan adopted pursuant to s. 403.067 to develop interim measures,
 1398  best management practices, or regulations, as applicable.
 1399         e. Assess current water management practices within the
 1400  Lake Okeechobee watershed and develop recommendations for
 1401  structural and operational improvements. Such recommendations
 1402  shall balance water supply, flood control, estuarine salinity,
 1403  maintenance of a healthy lake littoral zone, and water quality
 1404  considerations.
 1405         f. Evaluate the feasibility of alternative nutrient
 1406  reduction technologies, including sediment traps, canal and
 1407  ditch maintenance, fish production or other aquaculture,
 1408  bioenergy conversion processes, and algal or other biological
 1409  treatment technologies and include any alternative nutrient
 1410  reduction technologies determined to be feasible in the Lake
 1411  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1412  403.067.
 1413         g. Conduct an assessment of the water volumes and timing
 1414  from the Lake Okeechobee watershed and their relative
 1415  contribution to the water level changes in Lake Okeechobee and
 1416  to the timing and volume of water delivered to the estuaries.
 1417         (b)(c)Lake Okeechobee Basin Management Action Plan
 1418  Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
 1419  Management Action Plan adopted pursuant to s. 403.067 shall be
 1420  the watershed phosphorus control component for Lake Okeechobee.
 1421  The Lake Okeechobee Basin Management Action Plan shall be
 1422  Program is designed to be a multifaceted approach designed to
 1423  achieve the total maximum daily load reducing phosphorus loads
 1424  by improving the management of phosphorus sources within the
 1425  Lake Okeechobee watershed through implementation of regulations
 1426  and best management practices, continued development and
 1427  continued implementation of improved best management practices,
 1428  improvement and restoration of the hydrologic function of
 1429  natural and managed systems, and use utilization of alternative
 1430  technologies for nutrient reduction. As provided in s.
 1431  403.067(7)(a)6., the Lake Okeechobee Basin Management Action
 1432  Plan must include milestones for implementation and water
 1433  quality improvement, and an associated water quality monitoring
 1434  component sufficient to evaluate whether reasonable progress in
 1435  pollutant load reductions is being achieved over time. An
 1436  assessment of progress toward these milestones shall be
 1437  conducted every 5 years and shall be provided to the Governor,
 1438  the President of the Senate, and the Speaker of the House of
 1439  Representatives. Revisions to the plan shall be made, as
 1440  appropriate, as a result of each 5-year review. Revisions to the
 1441  basin management action plan shall be made by the department in
 1442  cooperation with the basin stakeholders. Revisions to best
 1443  management practices or other measures must follow the
 1444  procedures set forth in s. 403.067(7)(c)4. Revised basin
 1445  management action plans must be adopted pursuant to s.
 1446  403.067(7)(a)5. The department shall develop an implementation
 1447  schedule establishing 5-year, 10-year, and 15-year measurable
 1448  milestones and targets to achieve the total maximum daily load
 1449  no more than 20 years after adoption of the plan. The initial
 1450  implementation schedule shall be used to provide guidance for
 1451  planning and funding purposes and is exempt from chapter 120.
 1452  Upon the first 5-year review, the implementation schedule shall
 1453  be adopted as part of the plan. If achieving the total maximum
 1454  daily load within 20 years is not practicable, the
 1455  implementation schedule must contain an explanation of the
 1456  constraints that prevent achievement of the total maximum daily
 1457  load within 20 years, an estimate of the time needed to achieve
 1458  the total maximum daily load, and additional 5-year measurable
 1459  milestones, as necessary. The coordinating agencies shall
 1460  develop an interagency agreement pursuant to ss. 373.046 and
 1461  373.406(5) which is consistent with the department taking the
 1462  lead on water quality protection measures through the Lake
 1463  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1464  403.067; the district taking the lead on hydrologic improvements
 1465  pursuant to paragraph (a); and the Department of Agriculture and
 1466  Consumer Services taking the lead on agricultural interim
 1467  measures, best management practices, and other measures adopted
 1468  pursuant to s. 403.067. The interagency agreement must specify
 1469  how best management practices for nonagricultural nonpoint
 1470  sources are developed and how all best management practices are
 1471  implemented and verified consistent with s. 403.067 and this
 1472  section and must address measures to be taken by the
 1473  coordinating agencies during any best management practice
 1474  reevaluation performed pursuant to subparagraphs 5. and 10. The
 1475  department shall use best professional judgment in making the
 1476  initial determination of best management practice effectiveness.
 1477  The coordinating agencies may develop an intergovernmental
 1478  agreement with local governments to implement nonagricultural
 1479  nonpoint source best management practices within their
 1480  respective geographic boundaries. The coordinating agencies
 1481  shall facilitate the application of federal programs that offer
 1482  opportunities for water quality treatment, including
 1483  preservation, restoration, or creation of wetlands on
 1484  agricultural lands.
 1485         1. Agricultural nonpoint source best management practices,
 1486  developed in accordance with s. 403.067 and designed to achieve
 1487  the objectives of the Lake Okeechobee Watershed Protection
 1488  Program as part of a phased approach of management strategies
 1489  within the Lake Okeechobee Basin Management Action Plan, shall
 1490  be implemented on an expedited basis. The coordinating agencies
 1491  shall develop an interagency agreement pursuant to ss. 373.046
 1492  and 373.406(5) that assures the development of best management
 1493  practices that complement existing regulatory programs and
 1494  specifies how those best management practices are implemented
 1495  and verified. The interagency agreement shall address measures
 1496  to be taken by the coordinating agencies during any best
 1497  management practice reevaluation performed pursuant to sub
 1498  subparagraph d. The department shall use best professional
 1499  judgment in making the initial determination of best management
 1500  practice effectiveness.
 1501         2.a. As provided in s. 403.067(7)(c), the Department of
 1502  Agriculture and Consumer Services, in consultation with the
 1503  department, the district, and affected parties, shall initiate
 1504  rule development for interim measures, best management
 1505  practices, conservation plans, nutrient management plans, or
 1506  other measures necessary for Lake Okeechobee watershed total
 1507  maximum daily load reduction. The rule shall include thresholds
 1508  for requiring conservation and nutrient management plans and
 1509  criteria for the contents of such plans. Development of
 1510  agricultural nonpoint source best management practices shall
 1511  initially focus on those priority basins listed in sub
 1512  subparagraph (a)1.a. subparagraph (b)1. The Department of
 1513  Agriculture and Consumer Services, in consultation with the
 1514  department, the district, and affected parties, shall conduct an
 1515  ongoing program for improvement of existing and development of
 1516  new agricultural nonpoint source interim measures and or best
 1517  management practices. The Department of Agriculture and Consumer
 1518  Services shall adopt for the purpose of adoption of such
 1519  practices by rule. The Department of Agriculture and Consumer
 1520  Services shall work with the University of Florida Florida’s
 1521  Institute of Food and Agriculture Sciences to review and, where
 1522  appropriate, develop revised nutrient application rates for all
 1523  agricultural soil amendments in the watershed.
 1524         3.b.As provided in s. 403.067, where agricultural nonpoint
 1525  source best management practices or interim measures have been
 1526  adopted by rule of the Department of Agriculture and Consumer
 1527  Services, the owner or operator of an agricultural nonpoint
 1528  source addressed by such rule shall either implement interim
 1529  measures or best management practices or demonstrate compliance
 1530  with state water quality standards addressed by the Lake
 1531  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1532  403.067 the district’s WOD program by conducting monitoring
 1533  prescribed by the department or the district. Owners or
 1534  operators of agricultural nonpoint sources who implement interim
 1535  measures or best management practices adopted by rule of the
 1536  Department of Agriculture and Consumer Services shall be subject
 1537  to the provisions of s. 403.067(7). The Department of
 1538  Agriculture and Consumer Services, in cooperation with the
 1539  department and the district, shall provide technical and
 1540  financial assistance for implementation of agricultural best
 1541  management practices, subject to the availability of funds.
 1542         4.c. The district or department shall conduct monitoring at
 1543  representative sites to verify the effectiveness of agricultural
 1544  nonpoint source best management practices.
 1545         5.d. Where water quality problems are detected for
 1546  agricultural nonpoint sources despite the appropriate
 1547  implementation of adopted best management practices, the
 1548  Department of Agriculture and Consumer Services, in consultation
 1549  with the other coordinating agencies and affected parties, shall
 1550  institute a reevaluation of the best management practices shall
 1551  be conducted pursuant to s. 403.067(7)(c)4. If the reevaluation
 1552  determines that the best management practices or other measures
 1553  require modification, the rule shall be revised to require
 1554  implementation of the modified practice within a reasonable
 1555  period as specified in the rule and make appropriate changes to
 1556  the rule adopting best management practices.
 1557         6.2.As provided in s. 403.067, nonagricultural nonpoint
 1558  source best management practices, developed in accordance with
 1559  s. 403.067 and designed to achieve the objectives of the Lake
 1560  Okeechobee Watershed Protection Program as part of a phased
 1561  approach of management strategies within the Lake Okeechobee
 1562  Basin Management Action Plan, shall be implemented on an
 1563  expedited basis. The department and the district shall develop
 1564  an interagency agreement pursuant to ss. 373.046 and 373.406(5)
 1565  that assures the development of best management practices that
 1566  complement existing regulatory programs and specifies how those
 1567  best management practices are implemented and verified. The
 1568  interagency agreement shall address measures to be taken by the
 1569  department and the district during any best management practice
 1570  reevaluation performed pursuant to sub-subparagraph d.
 1571         7.a. The department and the district are directed to work
 1572  with the University of Florida Florida’s Institute of Food and
 1573  Agricultural Sciences to develop appropriate nutrient
 1574  application rates for all nonagricultural soil amendments in the
 1575  watershed. As provided in s. 403.067 s. 403.067(7)(c), the
 1576  department, in consultation with the district and affected
 1577  parties, shall develop nonagricultural nonpoint source interim
 1578  measures, best management practices, or other measures necessary
 1579  for Lake Okeechobee watershed total maximum daily load
 1580  reduction. Development of nonagricultural nonpoint source best
 1581  management practices shall initially focus on those priority
 1582  basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
 1583  department, the district, and affected parties shall conduct an
 1584  ongoing program for improvement of existing and development of
 1585  new interim measures and or best management practices. The
 1586  department or the district shall adopt such practices by rule
 1587  The district shall adopt technology-based standards under the
 1588  district’s WOD program for nonagricultural nonpoint sources of
 1589  phosphorus. Nothing in this sub-subparagraph shall affect the
 1590  authority of the department or the district to adopt basin
 1591  specific criteria under this part to prevent harm to the water
 1592  resources of the district.
 1593         8.b. Where nonagricultural nonpoint source best management
 1594  practices or interim measures have been developed by the
 1595  department and adopted by the district, the owner or operator of
 1596  a nonagricultural nonpoint source shall implement interim
 1597  measures or best management practices and be subject to the
 1598  provisions of s. 403.067(7). The department and district shall
 1599  provide technical and financial assistance for implementation of
 1600  nonagricultural nonpoint source best management practices,
 1601  subject to the availability of funds.
 1602         9.c.As provided in s. 403.067, the district or the
 1603  department shall conduct monitoring at representative sites to
 1604  verify the effectiveness of nonagricultural nonpoint source best
 1605  management practices.
 1606         10.d. Where water quality problems are detected for
 1607  nonagricultural nonpoint sources despite the appropriate
 1608  implementation of adopted best management practices, the
 1609  department and the district shall institute a reevaluation of
 1610  the best management practices shall be conducted pursuant to s.
 1611  403.067(7)(c)4. If the reevaluation determines that the best
 1612  management practices or other measures require modification, the
 1613  rule shall be revised to require implementation of the modified
 1614  practice within a reasonable time period as specified in the
 1615  rule.
 1616         11.3.The provisions of Subparagraphs 1. and 2. and 7. do
 1617  may not preclude the department or the district from requiring
 1618  compliance with water quality standards or with current best
 1619  management practices requirements set forth in any applicable
 1620  regulatory program authorized by law for the purpose of
 1621  protecting water quality. Additionally, Subparagraphs 1. and 2.
 1622  and 7. are applicable only to the extent that they do not
 1623  conflict with any rules adopted by the department that are
 1624  necessary to maintain a federally delegated or approved program.
 1625         12. The program of agricultural best management practices
 1626  set forth in the Everglades Program of the district meets the
 1627  requirements of this paragraph and s. 403.067(7) for the Lake
 1628  Okeechobee watershed. An entity in compliance with the best
 1629  management practices set forth in the Everglades Program of the
 1630  district may elect to use that permit in lieu of the
 1631  requirements of this paragraph. The provisions of subparagraph
 1632  5. apply to this subparagraph. This subparagraph does not alter
 1633  any requirement of s. 373.4592.
 1634         13. The Department of Agriculture and Consumer Services, in
 1635  cooperation with the department and the district, shall provide
 1636  technical and financial assistance for implementation of
 1637  agricultural best management practices, subject to the
 1638  availability of funds. The department and district shall provide
 1639  technical and financial assistance for implementation of
 1640  nonagricultural nonpoint source best management practices,
 1641  subject to the availability of funds.
 1642         14.4. Projects that reduce the phosphorus load originating
 1643  from domestic wastewater systems within the Lake Okeechobee
 1644  watershed shall be given funding priority in the department’s
 1645  revolving loan program under s. 403.1835. The department shall
 1646  coordinate and provide assistance to those local governments
 1647  seeking financial assistance for such priority projects.
 1648         15.5. Projects that make use of private lands, or lands
 1649  held in trust for Indian tribes, to reduce nutrient loadings or
 1650  concentrations within a basin by one or more of the following
 1651  methods: restoring the natural hydrology of the basin, restoring
 1652  wildlife habitat or impacted wetlands, reducing peak flows after
 1653  storm events, increasing aquifer recharge, or protecting range
 1654  and timberland from conversion to development, are eligible for
 1655  grants available under this section from the coordinating
 1656  agencies. For projects of otherwise equal priority, special
 1657  funding priority will be given to those projects that make best
 1658  use of the methods outlined above that involve public-private
 1659  partnerships or that obtain federal match money. Preference
 1660  ranking above the special funding priority will be given to
 1661  projects located in a rural area of opportunity designated by
 1662  the Governor. Grant applications may be submitted by any person
 1663  or tribal entity, and eligible projects may include, but are not
 1664  limited to, the purchase of conservation and flowage easements,
 1665  hydrologic restoration of wetlands, creating treatment wetlands,
 1666  development of a management plan for natural resources, and
 1667  financial support to implement a management plan.
 1668         16.6.a. The department shall require all entities disposing
 1669  of domestic wastewater biosolids residuals within the Lake
 1670  Okeechobee watershed and the remaining areas of Okeechobee,
 1671  Glades, and Hendry Counties to develop and submit to the
 1672  department an agricultural use plan that limits applications
 1673  based upon phosphorus loading consistent with the Lake
 1674  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1675  403.067. By July 1, 2005, phosphorus concentrations originating
 1676  from these application sites may not exceed the limits
 1677  established in the district’s WOD program. After December 31,
 1678  2007, The department may not authorize the disposal of domestic
 1679  wastewater biosolids residuals within the Lake Okeechobee
 1680  watershed unless the applicant can affirmatively demonstrate
 1681  that the phosphorus in the biosolids residuals will not add to
 1682  phosphorus loadings in Lake Okeechobee or its tributaries. This
 1683  demonstration shall be based on achieving a net balance between
 1684  phosphorus imports relative to exports on the permitted
 1685  application site. Exports shall include only phosphorus removed
 1686  from the Lake Okeechobee watershed through products generated on
 1687  the permitted application site. This prohibition does not apply
 1688  to Class AA biosolids residuals that are marketed and
 1689  distributed as fertilizer products in accordance with department
 1690  rule.
 1691         17.b. Private and government-owned utilities within Monroe,
 1692  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1693  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1694  dispose of wastewater biosolids residual sludge from utility
 1695  operations and septic removal by land spreading in the Lake
 1696  Okeechobee watershed may use a line item on local sewer rates to
 1697  cover wastewater biosolids residual treatment and disposal if
 1698  such disposal and treatment is done by approved alternative
 1699  treatment methodology at a facility located within the areas
 1700  designated by the Governor as rural areas of opportunity
 1701  pursuant to s. 288.0656. This additional line item is an
 1702  environmental protection disposal fee above the present sewer
 1703  rate and may not be considered a part of the present sewer rate
 1704  to customers, notwithstanding provisions to the contrary in
 1705  chapter 367. The fee shall be established by the county
 1706  commission or its designated assignee in the county in which the
 1707  alternative method treatment facility is located. The fee shall
 1708  be calculated to be no higher than that necessary to recover the
 1709  facility’s prudent cost of providing the service. Upon request
 1710  by an affected county commission, the Florida Public Service
 1711  Commission will provide assistance in establishing the fee.
 1712  Further, for utilities and utility authorities that use the
 1713  additional line item environmental protection disposal fee, such
 1714  fee may not be considered a rate increase under the rules of the
 1715  Public Service Commission and shall be exempt from such rules.
 1716  Utilities using the provisions of this section may immediately
 1717  include in their sewer invoicing the new environmental
 1718  protection disposal fee. Proceeds from this environmental
 1719  protection disposal fee shall be used for treatment and disposal
 1720  of wastewater biosolids residuals, including any treatment
 1721  technology that helps reduce the volume of biosolids residuals
 1722  that require final disposal, but such proceeds may not be used
 1723  for transportation or shipment costs for disposal or any costs
 1724  relating to the land application of biosolids residuals in the
 1725  Lake Okeechobee watershed.
 1726         18.c. No less frequently than once every 3 years, the
 1727  Florida Public Service Commission or the county commission
 1728  through the services of an independent auditor shall perform a
 1729  financial audit of all facilities receiving compensation from an
 1730  environmental protection disposal fee. The Florida Public
 1731  Service Commission or the county commission through the services
 1732  of an independent auditor shall also perform an audit of the
 1733  methodology used in establishing the environmental protection
 1734  disposal fee. The Florida Public Service Commission or the
 1735  county commission shall, within 120 days after completion of an
 1736  audit, file the audit report with the President of the Senate
 1737  and the Speaker of the House of Representatives and shall
 1738  provide copies to the county commissions of the counties set
 1739  forth in subparagraph 17. sub-subparagraph b. The books and
 1740  records of any facilities receiving compensation from an
 1741  environmental protection disposal fee shall be open to the
 1742  Florida Public Service Commission and the Auditor General for
 1743  review upon request.
 1744         19.7. The Department of Health shall require all entities
 1745  disposing of septage within the Lake Okeechobee watershed to
 1746  develop and submit to that agency an agricultural use plan that
 1747  limits applications based upon phosphorus loading consistent
 1748  with the Lake Okeechobee Basin Management Action Plan adopted
 1749  pursuant to s. 403.067. By July 1, 2005, phosphorus
 1750  concentrations originating from these application sites may not
 1751  exceed the limits established in the district’s WOD program.
 1752         20.8. The Department of Agriculture and Consumer Services
 1753  shall initiate rulemaking requiring entities within the Lake
 1754  Okeechobee watershed which land-apply animal manure to develop
 1755  resource management system level conservation plans, according
 1756  to United States Department of Agriculture criteria, which limit
 1757  such application. Such rules must may include criteria and
 1758  thresholds for the requirement to develop a conservation or
 1759  nutrient management plan, requirements for plan approval, site
 1760  inspection requirements, and recordkeeping requirements.
 1761         21. The district shall revise chapter 40E-61, Florida
 1762  Administrative Code, to be consistent with this section and s.
 1763  403.067; provide for a monitoring program for nonpoint source
 1764  dischargers required to monitor water quality by s. 403.067; and
 1765  provide for the results of such monitoring to be reported to the
 1766  coordinating agencies.
 1767         9. The district, the department, or the Department of
 1768  Agriculture and Consumer Services, as appropriate, shall
 1769  implement those alternative nutrient reduction technologies
 1770  determined to be feasible pursuant to subparagraph (d)6.
 1771         (d) Lake Okeechobee Watershed Research and Water Quality
 1772  Monitoring Program.—The district, in cooperation with the other
 1773  coordinating agencies, shall establish a Lake Okeechobee
 1774  Watershed Research and Water Quality Monitoring Program that
 1775  builds upon the district’s existing Lake Okeechobee research
 1776  program. The program shall:
 1777         1. Evaluate all available existing water quality data
 1778  concerning total phosphorus in the Lake Okeechobee watershed,
 1779  develop a water quality baseline to represent existing
 1780  conditions for total phosphorus, monitor long-term ecological
 1781  changes, including water quality for total phosphorus, and
 1782  measure compliance with water quality standards for total
 1783  phosphorus, including any applicable total maximum daily load
 1784  for the Lake Okeechobee watershed as established pursuant to s.
 1785  403.067. Every 3 years, the district shall reevaluate water
 1786  quality and quantity data to ensure that the appropriate
 1787  projects are being designated and implemented to meet the water
 1788  quality and storage goals of the plan. The district shall also
 1789  implement a total phosphorus monitoring program at appropriate
 1790  structures owned or operated by the South Florida Water
 1791  Management District and within the Lake Okeechobee watershed.
 1792         2. Develop a Lake Okeechobee water quality model that
 1793  reasonably represents phosphorus dynamics of the lake and
 1794  incorporates an uncertainty analysis associated with model
 1795  predictions.
 1796         3. Determine the relative contribution of phosphorus from
 1797  all identifiable sources and all primary and secondary land
 1798  uses.
 1799         4. Conduct an assessment of the sources of phosphorus from
 1800  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
 1801  relative contribution to the water quality of Lake Okeechobee.
 1802  The results of this assessment shall be used by the coordinating
 1803  agencies to develop interim measures, best management practices,
 1804  or regulation, as applicable.
 1805         5. Assess current water management practices within the
 1806  Lake Okeechobee watershed and develop recommendations for
 1807  structural and operational improvements. Such recommendations
 1808  shall balance water supply, flood control, estuarine salinity,
 1809  maintenance of a healthy lake littoral zone, and water quality
 1810  considerations.
 1811         6. Evaluate the feasibility of alternative nutrient
 1812  reduction technologies, including sediment traps, canal and
 1813  ditch maintenance, fish production or other aquaculture,
 1814  bioenergy conversion processes, and algal or other biological
 1815  treatment technologies.
 1816         7. Conduct an assessment of the water volumes and timing
 1817  from the Lake Okeechobee watershed and their relative
 1818  contribution to the water level changes in Lake Okeechobee and
 1819  to the timing and volume of water delivered to the estuaries.
 1820         (c)(e)Lake Okeechobee Exotic Species Control Program.—The
 1821  coordinating agencies shall identify the exotic species that
 1822  threaten the native flora and fauna within the Lake Okeechobee
 1823  watershed and develop and implement measures to protect the
 1824  native flora and fauna.
 1825         (d)(f)Lake Okeechobee Internal Phosphorus Management
 1826  Program.—The district, in cooperation with the other
 1827  coordinating agencies and interested parties, shall evaluate the
 1828  feasibility of complete a Lake Okeechobee internal phosphorus
 1829  load removal projects feasibility study. The evaluation
 1830  feasibility study shall be based on technical feasibility, as
 1831  well as economic considerations, and shall consider address all
 1832  reasonable methods of phosphorus removal. If projects methods
 1833  are found to be feasible, the district shall immediately pursue
 1834  the design, funding, and permitting for implementing such
 1835  projects methods.
 1836         (e)(g)Lake Okeechobee Watershed Protection Program Plan
 1837  implementation.—The coordinating agencies shall be jointly
 1838  responsible for implementing the Lake Okeechobee Watershed
 1839  Protection Program Plan, consistent with the statutory authority
 1840  and responsibility of each agency. Annual funding priorities
 1841  shall be jointly established, and the highest priority shall be
 1842  assigned to programs and projects that address sources that have
 1843  the highest relative contribution to loading and the greatest
 1844  potential for reductions needed to meet the total maximum daily
 1845  loads. In determining funding priorities, the coordinating
 1846  agencies shall also consider the need for regulatory compliance,
 1847  the extent to which the program or project is ready to proceed,
 1848  and the availability of federal matching funds or other nonstate
 1849  funding, including public-private partnerships. Federal and
 1850  other nonstate funding shall be maximized to the greatest extent
 1851  practicable.
 1852         (f)(h)Priorities and implementation schedules.—The
 1853  coordinating agencies are authorized and directed to establish
 1854  priorities and implementation schedules for the achievement of
 1855  total maximum daily loads, compliance with the requirements of
 1856  s. 403.067, and compliance with applicable water quality
 1857  standards within the waters and watersheds subject to this
 1858  section.
 1859         (i) Legislative ratification.—The coordinating agencies
 1860  shall submit the Phase II technical plan developed pursuant to
 1861  paragraph (b) to the President of the Senate and the Speaker of
 1862  the House of Representatives prior to the 2008 legislative
 1863  session for review. If the Legislature takes no action on the
 1864  plan during the 2008 legislative session, the plan is deemed
 1865  approved and may be implemented.
 1866         (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
 1867  ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
 1868  program shall be developed and implemented as specified in this
 1869  subsection. In order To protect and restore surface water
 1870  resources, the program shall address the reduction of pollutant
 1871  loadings, restoration of natural hydrology, and compliance with
 1872  applicable state water quality standards. The program shall be
 1873  achieved through a phased program of implementation. In
 1874  addition, pollutant load reductions based upon adopted total
 1875  maximum daily loads established in accordance with s. 403.067
 1876  shall serve as a program objective. In the development and
 1877  administration of the program, the coordinating agencies shall
 1878  maximize opportunities provided by federal and local government
 1879  cost-sharing programs and opportunities for partnerships with
 1880  the private sector and local government. The program plan shall
 1881  include a goal for salinity envelopes and freshwater inflow
 1882  targets for the estuaries based upon existing research and
 1883  documentation. The goal may be revised as new information is
 1884  available. This goal shall seek to reduce the frequency and
 1885  duration of undesirable salinity ranges while meeting the other
 1886  water-related needs of the region, including water supply and
 1887  flood protection, while recognizing the extent to which water
 1888  inflows are within the control and jurisdiction of the district.
 1889         (a) Caloosahatchee River Watershed Protection Plan.No
 1890  later than January 1, 2009, The district, in cooperation with
 1891  the other coordinating agencies, Lee County, and affected
 1892  counties and municipalities, shall complete a River Watershed
 1893  Protection Plan in accordance with this subsection. The
 1894  Caloosahatchee River Watershed Protection Plan shall identify
 1895  the geographic extent of the watershed, be coordinated as needed
 1896  with the plans developed pursuant to paragraph (3)(a) and
 1897  paragraph (c) (b) of this subsection, and contain an
 1898  implementation schedule for pollutant load reductions consistent
 1899  with any adopted total maximum daily loads and compliance with
 1900  applicable state water quality standards. The plan shall include
 1901  the Caloosahatchee River Watershed Construction Project and the
 1902  Caloosahatchee River Watershed Research and Water Quality
 1903  Monitoring Program.:
 1904         1. Caloosahatchee River Watershed Construction Project.—To
 1905  improve the hydrology, water quality, and aquatic habitats
 1906  within the watershed, the district shall, no later than January
 1907  1, 2012, plan, design, and construct the initial phase of the
 1908  Watershed Construction Project. In doing so, the district shall:
 1909         a. Develop and designate the facilities to be constructed
 1910  to achieve stated goals and objectives of the Caloosahatchee
 1911  River Watershed Protection Plan.
 1912         b. Conduct scientific studies that are necessary to support
 1913  the design of the Caloosahatchee River Watershed Construction
 1914  Project facilities.
 1915         c. Identify the size and location of all such facilities.
 1916         d. Provide a construction schedule for all such facilities,
 1917  including the sequencing and specific timeframe for construction
 1918  of each facility.
 1919         e. Provide a schedule for the acquisition of lands or
 1920  sufficient interests necessary to achieve the construction
 1921  schedule.
 1922         f. Provide a schedule of costs and benefits associated with
 1923  each construction project and identify funding sources.
 1924         g. To ensure timely implementation, coordinate the design,
 1925  scheduling, and sequencing of project facilities with the
 1926  coordinating agencies, Lee County, other affected counties and
 1927  municipalities, and other affected parties.
 1928         2. Caloosahatchee River Watershed Research and Water
 1929  Quality Monitoring Program.—The district, in cooperation with
 1930  the other coordinating agencies and local governments, shall
 1931  implement a Caloosahatchee River Watershed Research and Water
 1932  Quality Monitoring Program that builds upon the district’s
 1933  existing research program and that is sufficient to carry out,
 1934  comply with, or assess the plans, programs, and other
 1935  responsibilities created by this subsection. The program shall
 1936  also conduct an assessment of the water volumes and timing from
 1937  Lake Okeechobee and the Caloosahatchee River watershed and their
 1938  relative contributions to the timing and volume of water
 1939  delivered to the estuary.
 1940         (b)2.Caloosahatchee River Watershed Basin Management
 1941  Action Plans Pollutant Control Program.—The basin management
 1942  action plans adopted pursuant to s. 403.067 for the
 1943  Caloosahatchee River watershed shall be the Caloosahatchee River
 1944  Watershed Pollutant Control Program. The plans shall be is
 1945  designed to be a multifaceted approach to reducing pollutant
 1946  loads by improving the management of pollutant sources within
 1947  the Caloosahatchee River watershed through implementation of
 1948  regulations and best management practices, development and
 1949  implementation of improved best management practices,
 1950  improvement and restoration of the hydrologic function of
 1951  natural and managed systems, and utilization of alternative
 1952  technologies for pollutant reduction, such as cost-effective
 1953  biologically based, hybrid wetland/chemical and other innovative
 1954  nutrient control technologies. As provided in s.
 1955  403.067(7)(a)6., the Caloosahatchee River Watershed Basin
 1956  Management Action Plans must include milestones for
 1957  implementation and water quality improvement, and an associated
 1958  water quality monitoring component sufficient to evaluate
 1959  whether reasonable progress in pollutant load reductions is
 1960  being achieved over time. An assessment of progress toward these
 1961  milestones shall be conducted every 5 years and shall be
 1962  provided to the Governor, the President of the Senate, and the
 1963  Speaker of the House of Representatives. Revisions to the plans
 1964  shall be made, as appropriate, as a result of each 5-year
 1965  review. Revisions to the basin management action plans shall be
 1966  made by the department in cooperation with the basin
 1967  stakeholders. Revisions to best management practices or other
 1968  measures must follow the procedures set forth in s.
 1969  403.067(7)(c)4. Revised basin management action plans must be
 1970  adopted pursuant to s. 403.067(7)(a)5. The department shall
 1971  develop an implementation schedule establishing 5-year, 10-year,
 1972  and 15-year measurable milestones and targets to achieve the
 1973  total maximum daily load no more than 20 years after adoption of
 1974  the plan. The initial implementation schedule shall be used to
 1975  provide guidance for planning and funding purposes and is exempt
 1976  from chapter 120. Upon the first 5-year review, the
 1977  implementation schedule shall be adopted as part of the plans.
 1978  If achieving the total maximum daily load within 20 years is not
 1979  practicable, the implementation schedule must contain an
 1980  explanation of the constraints that prevent achievement of the
 1981  total maximum daily load within 20 years, an estimate of the
 1982  time needed to achieve the total maximum daily load, and
 1983  additional 5-year measurable milestones, as necessary. The
 1984  coordinating agencies shall facilitate the use utilization of
 1985  federal programs that offer opportunities for water quality
 1986  treatment, including preservation, restoration, or creation of
 1987  wetlands on agricultural lands.
 1988         1.a. Nonpoint source best management practices consistent
 1989  with s. 403.067 paragraph (3)(c), designed to achieve the
 1990  objectives of the Caloosahatchee River Watershed Protection
 1991  Program, shall be implemented on an expedited basis. The
 1992  coordinating agencies may develop an intergovernmental agreement
 1993  with local governments to implement the nonagricultural,
 1994  nonpoint-source best management practices within their
 1995  respective geographic boundaries.
 1996         2.b. This subsection does not preclude the department or
 1997  the district from requiring compliance with water quality
 1998  standards, adopted total maximum daily loads, or current best
 1999  management practices requirements set forth in any applicable
 2000  regulatory program authorized by law for the purpose of
 2001  protecting water quality. This subsection applies only to the
 2002  extent that it does not conflict with any rules adopted by the
 2003  department or district which are necessary to maintain a
 2004  federally delegated or approved program.
 2005         3.c. Projects that make use of private lands, or lands held
 2006  in trust for Indian tribes, to reduce pollutant loadings or
 2007  concentrations within a basin, or that reduce the volume of
 2008  harmful discharges by one or more of the following methods:
 2009  restoring the natural hydrology of the basin, restoring wildlife
 2010  habitat or impacted wetlands, reducing peak flows after storm
 2011  events, or increasing aquifer recharge, are eligible for grants
 2012  available under this section from the coordinating agencies.
 2013         4.d. The Caloosahatchee River Watershed Basin Management
 2014  Action Plans Pollutant Control Program shall require assessment
 2015  of current water management practices within the watershed and
 2016  shall require development of recommendations for structural,
 2017  nonstructural, and operational improvements. Such
 2018  recommendations shall consider and balance water supply, flood
 2019  control, estuarine salinity, aquatic habitat, and water quality
 2020  considerations.
 2021         5.e.After December 31, 2007, The department may not
 2022  authorize the disposal of domestic wastewater biosolids
 2023  residuals within the Caloosahatchee River watershed unless the
 2024  applicant can affirmatively demonstrate that the nutrients in
 2025  the biosolids residuals will not add to nutrient loadings in the
 2026  watershed. This demonstration shall be based on achieving a net
 2027  balance between nutrient imports relative to exports on the
 2028  permitted application site. Exports shall include only nutrients
 2029  removed from the watershed through products generated on the
 2030  permitted application site. This prohibition does not apply to
 2031  Class AA biosolids residuals that are marketed and distributed
 2032  as fertilizer products in accordance with department rule.
 2033         6.f. The Department of Health shall require all entities
 2034  disposing of septage within the Caloosahatchee River watershed
 2035  to develop and submit to that agency an agricultural use plan
 2036  that limits applications based upon nutrient loading consistent
 2037  with any basin management action plan adopted pursuant to s.
 2038  403.067. By July 1, 2008, nutrient concentrations originating
 2039  from these application sites may not exceed the limits
 2040  established in the district’s WOD program.
 2041         7.g. The Department of Agriculture and Consumer Services
 2042  shall require initiate rulemaking requiring entities within the
 2043  Caloosahatchee River watershed which land-apply animal manure to
 2044  develop a resource management system level conservation plan,
 2045  according to United States Department of Agriculture criteria,
 2046  which limit such application. Such rules shall may include
 2047  criteria and thresholds for the requirement to develop a
 2048  conservation or nutrient management plan, requirements for plan
 2049  approval, site inspection requirements, and recordkeeping
 2050  requirements.
 2051         8.The district shall initiate rulemaking to provide for a
 2052  monitoring program for nonpoint source dischargers required to
 2053  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2054  403.067(7)(c)3. The results of such monitoring must be reported
 2055  to the coordinating agencies.
 2056         3. Caloosahatchee River Watershed Research and Water
 2057  Quality Monitoring Program.—The district, in cooperation with
 2058  the other coordinating agencies and local governments, shall
 2059  establish a Caloosahatchee River Watershed Research and Water
 2060  Quality Monitoring Program that builds upon the district’s
 2061  existing research program and that is sufficient to carry out,
 2062  comply with, or assess the plans, programs, and other
 2063  responsibilities created by this subsection. The program shall
 2064  also conduct an assessment of the water volumes and timing from
 2065  the Lake Okeechobee and Caloosahatchee River watersheds and
 2066  their relative contributions to the timing and volume of water
 2067  delivered to the estuary.
 2068         (c)(b)St. Lucie River Watershed Protection Plan.No later
 2069  than January 1, 2009, The district, in cooperation with the
 2070  other coordinating agencies, Martin County, and affected
 2071  counties and municipalities shall complete a plan in accordance
 2072  with this subsection. The St. Lucie River Watershed Protection
 2073  Plan shall identify the geographic extent of the watershed, be
 2074  coordinated as needed with the plans developed pursuant to
 2075  paragraph (3)(a) and paragraph (a) of this subsection, and
 2076  contain an implementation schedule for pollutant load reductions
 2077  consistent with any adopted total maximum daily loads and
 2078  compliance with applicable state water quality standards. The
 2079  plan shall include the St. Lucie River Watershed Construction
 2080  Project and St. Lucie River Watershed Research and Water Quality
 2081  Monitoring Program.:
 2082         1. St. Lucie River Watershed Construction Project.—To
 2083  improve the hydrology, water quality, and aquatic habitats
 2084  within the watershed, the district shall, no later than January
 2085  1, 2012, plan, design, and construct the initial phase of the
 2086  Watershed Construction Project. In doing so, the district shall:
 2087         a. Develop and designate the facilities to be constructed
 2088  to achieve stated goals and objectives of the St. Lucie River
 2089  Watershed Protection Plan.
 2090         b. Identify the size and location of all such facilities.
 2091         c. Provide a construction schedule for all such facilities,
 2092  including the sequencing and specific timeframe for construction
 2093  of each facility.
 2094         d. Provide a schedule for the acquisition of lands or
 2095  sufficient interests necessary to achieve the construction
 2096  schedule.
 2097         e. Provide a schedule of costs and benefits associated with
 2098  each construction project and identify funding sources.
 2099         f. To ensure timely implementation, coordinate the design,
 2100  scheduling, and sequencing of project facilities with the
 2101  coordinating agencies, Martin County, St. Lucie County, other
 2102  interested parties, and other affected local governments.
 2103         2. St. Lucie River Watershed Research and Water Quality
 2104  Monitoring Program.—The district, in cooperation with the other
 2105  coordinating agencies and local governments, shall establish a
 2106  St. Lucie River Watershed Research and Water Quality Monitoring
 2107  Program that builds upon the district’s existing research
 2108  program and that is sufficient to carry out, comply with, or
 2109  assess the plans, programs, and other responsibilities created
 2110  by this subsection. The district shall also conduct an
 2111  assessment of the water volumes and timing from Lake Okeechobee
 2112  and the St. Lucie River watershed and their relative
 2113  contributions to the timing and volume of water delivered to the
 2114  estuary.
 2115         (d)2.St. Lucie River Watershed Basin Management Action
 2116  Plan Pollutant Control Program.The basin management action plan
 2117  for the St. Lucie River watershed adopted pursuant to s. 403.067
 2118  shall be the St. Lucie River Watershed Pollutant Control Program
 2119  and shall be is designed to be a multifaceted approach to
 2120  reducing pollutant loads by improving the management of
 2121  pollutant sources within the St. Lucie River watershed through
 2122  implementation of regulations and best management practices,
 2123  development and implementation of improved best management
 2124  practices, improvement and restoration of the hydrologic
 2125  function of natural and managed systems, and use utilization of
 2126  alternative technologies for pollutant reduction, such as cost
 2127  effective biologically based, hybrid wetland/chemical and other
 2128  innovative nutrient control technologies. As provided in s.
 2129  403.067(7)(a)6., the St. Lucie River Watershed Basin Management
 2130  Action Plan must include milestones for implementation and water
 2131  quality improvement, and an associated water quality monitoring
 2132  component sufficient to evaluate whether reasonable progress in
 2133  pollutant load reductions is being achieved over time. An
 2134  assessment of progress toward these milestones shall be
 2135  conducted every 5 years and shall be provided to the Governor,
 2136  the President of the Senate, and the Speaker of the House of
 2137  Representatives. Revisions to the plan shall be made, as
 2138  appropriate, as a result of each 5-year review. Revisions to the
 2139  basin management action plan shall be made by the department in
 2140  cooperation with the basin stakeholders. Revisions to best
 2141  management practices or other measures must follow the
 2142  procedures set forth in s. 403.067(7)(c)4. Revised basin
 2143  management action plans must be adopted pursuant to s.
 2144  403.067(7)(a)5. The department shall develop an implementation
 2145  schedule establishing 5-year, 10-year, and 15-year measurable
 2146  milestones and targets to achieve the total maximum daily load
 2147  no more than 20 years after adoption of the plan. The initial
 2148  implementation schedule shall be used to provide guidance for
 2149  planning and funding purposes and is exempt from chapter 120.
 2150  Upon the first 5-year review, the implementation schedule shall
 2151  be adopted as part of the plan. If achieving the total maximum
 2152  daily load within 20 years is not practicable, the
 2153  implementation schedule must contain an explanation of the
 2154  constraints that prevent achievement of the total maximum daily
 2155  load within 20 years, an estimate of the time needed to achieve
 2156  the total maximum daily load, and additional 5-year measurable
 2157  milestones, as necessary. The coordinating agencies shall
 2158  facilitate the use utilization of federal programs that offer
 2159  opportunities for water quality treatment, including
 2160  preservation, restoration, or creation of wetlands on
 2161  agricultural lands.
 2162         1.a. Nonpoint source best management practices consistent
 2163  with s. 403.067 paragraph (3)(c), designed to achieve the
 2164  objectives of the St. Lucie River Watershed Protection Program,
 2165  shall be implemented on an expedited basis. The coordinating
 2166  agencies may develop an intergovernmental agreement with local
 2167  governments to implement the nonagricultural nonpoint source
 2168  best management practices within their respective geographic
 2169  boundaries.
 2170         2.b. This subsection does not preclude the department or
 2171  the district from requiring compliance with water quality
 2172  standards, adopted total maximum daily loads, or current best
 2173  management practices requirements set forth in any applicable
 2174  regulatory program authorized by law for the purpose of
 2175  protecting water quality. This subsection applies only to the
 2176  extent that it does not conflict with any rules adopted by the
 2177  department or district which are necessary to maintain a
 2178  federally delegated or approved program.
 2179         3.c. Projects that make use of private lands, or lands held
 2180  in trust for Indian tribes, to reduce pollutant loadings or
 2181  concentrations within a basin, or that reduce the volume of
 2182  harmful discharges by one or more of the following methods:
 2183  restoring the natural hydrology of the basin, restoring wildlife
 2184  habitat or impacted wetlands, reducing peak flows after storm
 2185  events, or increasing aquifer recharge, are eligible for grants
 2186  available under this section from the coordinating agencies.
 2187         4.d. The St. Lucie River Watershed Basin Management Action
 2188  Plan Pollutant Control Program shall require assessment of
 2189  current water management practices within the watershed and
 2190  shall require development of recommendations for structural,
 2191  nonstructural, and operational improvements. Such
 2192  recommendations shall consider and balance water supply, flood
 2193  control, estuarine salinity, aquatic habitat, and water quality
 2194  considerations.
 2195         5.e.After December 31, 2007, The department may not
 2196  authorize the disposal of domestic wastewater biosolids
 2197  residuals within the St. Lucie River watershed unless the
 2198  applicant can affirmatively demonstrate that the nutrients in
 2199  the biosolids residuals will not add to nutrient loadings in the
 2200  watershed. This demonstration shall be based on achieving a net
 2201  balance between nutrient imports relative to exports on the
 2202  permitted application site. Exports shall include only nutrients
 2203  removed from the St. Lucie River watershed through products
 2204  generated on the permitted application site. This prohibition
 2205  does not apply to Class AA biosolids residuals that are marketed
 2206  and distributed as fertilizer products in accordance with
 2207  department rule.
 2208         6.f. The Department of Health shall require all entities
 2209  disposing of septage within the St. Lucie River watershed to
 2210  develop and submit to that agency an agricultural use plan that
 2211  limits applications based upon nutrient loading consistent with
 2212  any basin management action plan adopted pursuant to s. 403.067.
 2213  By July 1, 2008, nutrient concentrations originating from these
 2214  application sites may not exceed the limits established in the
 2215  district’s WOD program.
 2216         7.g. The Department of Agriculture and Consumer Services
 2217  shall initiate rulemaking requiring entities within the St.
 2218  Lucie River watershed which land-apply animal manure to develop
 2219  a resource management system level conservation plan, according
 2220  to United States Department of Agriculture criteria, which limit
 2221  such application. Such rules shall may include criteria and
 2222  thresholds for the requirement to develop a conservation or
 2223  nutrient management plan, requirements for plan approval, site
 2224  inspection requirements, and recordkeeping requirements.
 2225         8.The district shall initiate rulemaking to provide for a
 2226  monitoring program for nonpoint source dischargers required to
 2227  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2228  403.067(7)(c)3. The results of such monitoring must be reported
 2229  to the coordinating agencies.
 2230         3. St. Lucie River Watershed Research and Water Quality
 2231  Monitoring Program.—The district, in cooperation with the other
 2232  coordinating agencies and local governments, shall establish a
 2233  St. Lucie River Watershed Research and Water Quality Monitoring
 2234  Program that builds upon the district’s existing research
 2235  program and that is sufficient to carry out, comply with, or
 2236  assess the plans, programs, and other responsibilities created
 2237  by this subsection. The program shall also conduct an assessment
 2238  of the water volumes and timing from the Lake Okeechobee and St.
 2239  Lucie River watersheds and their relative contributions to the
 2240  timing and volume of water delivered to the estuary.
 2241         (e)(c)River Watershed Protection Plan implementation.—The
 2242  coordinating agencies shall be jointly responsible for
 2243  implementing the River Watershed Protection Plans, consistent
 2244  with the statutory authority and responsibility of each agency.
 2245  Annual funding priorities shall be jointly established, and the
 2246  highest priority shall be assigned to programs and projects that
 2247  have the greatest potential for achieving the goals and
 2248  objectives of the plans. In determining funding priorities, the
 2249  coordinating agencies shall also consider the need for
 2250  regulatory compliance, the extent to which the program or
 2251  project is ready to proceed, and the availability of federal or
 2252  local government matching funds. Federal and other nonstate
 2253  funding shall be maximized to the greatest extent practicable.
 2254         (f)(d)Evaluation.Beginning By March 1, 2020 2012, and
 2255  every 5 3 years thereafter, concurrent with the updates of the
 2256  basin management action plans adopted pursuant to s. 403.067,
 2257  the department, district in cooperation with the other
 2258  coordinating agencies, shall conduct an evaluation of any
 2259  pollutant load reduction goals, as well as any other specific
 2260  objectives and goals, as stated in the River Watershed
 2261  Protection Programs Plans. Additionally, The district shall
 2262  identify modifications to facilities of the River Watershed
 2263  Construction Projects, as appropriate, or any other elements of
 2264  the River Watershed Protection Programs Plans. The evaluation
 2265  shall be included in the annual progress report submitted
 2266  pursuant to this section.
 2267         (g)(e)Priorities and implementation schedules.—The
 2268  coordinating agencies are authorized and directed to establish
 2269  priorities and implementation schedules for the achievement of
 2270  total maximum daily loads, the requirements of s. 403.067, and
 2271  compliance with applicable water quality standards within the
 2272  waters and watersheds subject to this section.
 2273         (f) Legislative ratification.—The coordinating agencies
 2274  shall submit the River Watershed Protection Plans developed
 2275  pursuant to paragraphs (a) and (b) to the President of the
 2276  Senate and the Speaker of the House of Representatives prior to
 2277  the 2009 legislative session for review. If the Legislature
 2278  takes no action on the plan during the 2009 legislative session,
 2279  the plan is deemed approved and may be implemented.
 2280         (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
 2281  LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
 2282  department is directed to expedite development and adoption of
 2283  total maximum daily loads for the Caloosahatchee River and
 2284  estuary. The department is further directed to, no later than
 2285  December 31, 2008, propose for final agency action total maximum
 2286  daily loads for nutrients in the tidal portions of the
 2287  Caloosahatchee River and estuary. The department shall initiate
 2288  development of basin management action plans for Lake
 2289  Okeechobee, the Caloosahatchee River watershed and estuary, and
 2290  the St. Lucie River watershed and estuary as provided in s.
 2291  403.067 s. 403.067(7)(a) as follows:
 2292         (a) Basin management action plans shall be developed as
 2293  soon as practicable as determined necessary by the department to
 2294  achieve the total maximum daily loads established for the Lake
 2295  Okeechobee watershed and the estuaries.
 2296         (b) The Phase II technical plan development pursuant to
 2297  paragraph (3)(a) (3)(b), and the River Watershed Protection
 2298  Plans developed pursuant to paragraphs (4)(a) and (c)(b), shall
 2299  provide the basis for basin management action plans developed by
 2300  the department.
 2301         (c) As determined necessary by the department in order to
 2302  achieve the total maximum daily loads, additional or modified
 2303  projects or programs that complement those in the legislatively
 2304  ratified plans may be included during the development of the
 2305  basin management action plan.
 2306         (d) As provided in s. 403.067, management strategies and
 2307  pollution reduction requirements set forth in a basin management
 2308  action plan subject to permitting by the department under
 2309  subsection (7) must be completed pursuant to the schedule set
 2310  forth in the basin management action plan, as amended. The
 2311  implementation schedule may extend beyond the 5-year permit
 2312  term.
 2313         (e) As provided in s. 403.067, management strategies and
 2314  pollution reduction requirements set forth in a basin management
 2315  action plan for a specific pollutant of concern are not subject
 2316  to challenge under chapter 120 at the time they are
 2317  incorporated, in an identical form, into a department or
 2318  district issued permit or a permit modification issued in
 2319  accordance with subsection (7).
 2320         (d) Development of basin management action plans that
 2321  implement the provisions of the legislatively ratified plans
 2322  shall be initiated by the department no later than September 30
 2323  of the year in which the applicable plan is ratified. Where a
 2324  total maximum daily load has not been established at the time of
 2325  plan ratification, development of basin management action plans
 2326  shall be initiated no later than 90 days following adoption of
 2327  the applicable total maximum daily load.
 2328         (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in
 2329  cooperation with the other coordinating agencies, shall report
 2330  on implementation of this section as part of the consolidated
 2331  annual report required in s. 373.036(7). The annual report shall
 2332  include a summary of the conditions of the hydrology, water
 2333  quality, and aquatic habitat in the northern Everglades based on
 2334  the results of the Research and Water Quality Monitoring
 2335  Programs, the status of the Lake Okeechobee Watershed
 2336  Construction Project, the status of the Caloosahatchee River
 2337  Watershed Construction Project, and the status of the St. Lucie
 2338  River Watershed Construction Project. In addition, the report
 2339  shall contain an annual accounting of the expenditure of funds
 2340  from the Save Our Everglades Trust Fund. At a minimum, the
 2341  annual report shall provide detail by program and plan,
 2342  including specific information concerning the amount and use of
 2343  funds from federal, state, or local government sources. In
 2344  detailing the use of these funds, the district shall indicate
 2345  those designated to meet requirements for matching funds. The
 2346  district shall prepare the report in cooperation with the other
 2347  coordinating agencies and affected local governments. The
 2348  department shall report on the status of the Lake Okeechobee
 2349  Basin Management Action Plan, the Caloosahatchee River Watershed
 2350  Basin Management Action Plan, and the St. Lucie River Watershed
 2351  Basin Management Action Plan. The Department of Agriculture and
 2352  Consumer Services shall report on the status of the
 2353  implementation of the agricultural nonpoint source best
 2354  management practices, including an implementation assurance
 2355  report summarizing survey responses and response rates, site
 2356  inspections, and other methods used to verify implementation of
 2357  and compliance with best management practices in the Lake
 2358  Okeechobee, Caloosahatchee River and St. Lucie River watersheds.
 2359         (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
 2360         (a) The Legislature finds that the Lake Okeechobee
 2361  Watershed Protection Program will benefit Lake Okeechobee and
 2362  downstream receiving waters and is in consistent with the public
 2363  interest. The Lake Okeechobee Watershed Construction Project and
 2364  structures discharging into or from Lake Okeechobee shall be
 2365  constructed, operated, and maintained in accordance with this
 2366  section.
 2367         (b) Permits obtained pursuant to this section are in lieu
 2368  of all other permits under this chapter or chapter 403, except
 2369  those issued under s. 403.0885, if applicable. No Additional
 2370  permits are not required for the Lake Okeechobee Watershed
 2371  Construction Project, or structures discharging into or from
 2372  Lake Okeechobee, if such project or structures are permitted
 2373  under this section. Construction activities related to
 2374  implementation of the Lake Okeechobee Watershed Construction
 2375  Project may be initiated before prior to final agency action, or
 2376  notice of intended agency action, on any permit from the
 2377  department under this section.
 2378         (c)1.Within 90 days of completion of the diversion plans
 2379  set forth in Department Consent Orders 91-0694, 91-0707, 91
 2380  0706, 91-0705, and RT50-205564, Owners or operators of existing
 2381  structures which discharge into or from Lake Okeechobee that
 2382  were subject to Department Consent Orders 91-0694, 91-0705, 91
 2383  0706, 91-0707, and RT50-205564 and that are subject to the
 2384  provisions of s. 373.4592(4)(a) do not require a permit under
 2385  this section and shall be governed by permits issued under apply
 2386  for a permit from the department to operate and maintain such
 2387  structures. By September 1, 2000, owners or operators of all
 2388  other existing structures which discharge into or from Lake
 2389  Okeechobee shall apply for a permit from the department to
 2390  operate and maintain such structures. The department shall issue
 2391  one or more such permits for a term of 5 years upon the
 2392  demonstration of reasonable assurance that schedules and
 2393  strategies to achieve and maintain compliance with water quality
 2394  standards have been provided for, to the maximum extent
 2395  practicable, and that operation of the structures otherwise
 2396  complies with provisions of ss. 373.413 and 373.416 and the Lake
 2397  Okeechobee Basin Management Action Plan adopted pursuant to s.
 2398  403.067.
 2399         1. Permits issued under this paragraph shall also contain
 2400  reasonable conditions to ensure that discharges of waters
 2401  through structures:
 2402         a. Are adequately and accurately monitored;
 2403         b. Will not degrade existing Lake Okeechobee water quality
 2404  and will result in an overall reduction of phosphorus input into
 2405  Lake Okeechobee, as set forth in the district’s Technical
 2406  Publication 81-2 and the total maximum daily load established in
 2407  accordance with s. 403.067, to the maximum extent practicable;
 2408  and
 2409         c. Do not pose a serious danger to public health, safety,
 2410  or welfare.
 2411         2. For the purposes of this paragraph, owners and operators
 2412  of existing structures which are subject to the provisions of s.
 2413  373.4592(4)(a) and which discharge into or from Lake Okeechobee
 2414  shall be deemed in compliance with this paragraph the term
 2415  “maximum extent practicable” if they are in full compliance with
 2416  the conditions of permits under chapter chapters 40E-61 and 40E
 2417  63, Florida Administrative Code.
 2418         3. By January 1, 2017 2004, the district shall submit to
 2419  the department a complete application for a permit modification
 2420  to the Lake Okeechobee structure permits to incorporate proposed
 2421  changes necessary to ensure that discharges through the
 2422  structures covered by this permit are consistent with the basin
 2423  management action plan adopted pursuant to achieve state water
 2424  quality standards, including the total maximum daily load
 2425  established in accordance with s. 403.067. These changes shall
 2426  be designed to achieve such compliance with state water quality
 2427  standards no later than January 1, 2015.
 2428         (d) The department shall require permits for district
 2429  regional projects that are part of the Lake Okeechobee Watershed
 2430  Construction Project facilities. However, projects identified in
 2431  sub-subparagraph (3)(b)1.b. that qualify as exempt pursuant to
 2432  s. 373.406 do shall not require need permits under this section.
 2433  Such permits shall be issued for a term of 5 years upon the
 2434  demonstration of reasonable assurances that:
 2435         1. District regional projects that are part of the Lake
 2436  Okeechobee Watershed Construction Project shall facility, based
 2437  upon the conceptual design documents and any subsequent detailed
 2438  design documents developed by the district, will achieve the
 2439  design objectives for phosphorus required in subparagraph
 2440  (3)(a)1. paragraph (3)(b);
 2441         2. For water quality standards other than phosphorus, the
 2442  quality of water discharged from the facility is of equal or
 2443  better quality than the inflows;
 2444         3. Discharges from the facility do not pose a serious
 2445  danger to public health, safety, or welfare; and
 2446         4. Any impacts on wetlands or state-listed species
 2447  resulting from implementation of that facility of the Lake
 2448  Okeechobee Construction Project are minimized and mitigated, as
 2449  appropriate.
 2450         (e) At least 60 days before prior to the expiration of any
 2451  permit issued under this section, the permittee may apply for a
 2452  renewal thereof for a period of 5 years.
 2453         (f) Permits issued under this section may include any
 2454  standard conditions provided by department rule which are
 2455  appropriate and consistent with this section.
 2456         (g) Permits issued under pursuant to this section may be
 2457  modified, as appropriate, upon review and approval by the
 2458  department.
 2459         Section 16. Paragraph (a) of subsection (1) and subsection
 2460  (3) of section 373.467, Florida Statutes, are amended, to read:
 2461         373.467 The Harris Chain of Lakes Restoration Council.
 2462  There is created within the St. Johns River Water Management
 2463  District, with assistance from the Fish and Wildlife
 2464  Conservation Commission and the Lake County Water Authority, the
 2465  Harris Chain of Lakes Restoration Council.
 2466         (1)(a) The council shall consist of nine voting members,
 2467  which shall include: a representative of waterfront property
 2468  owners, a representative of the sport fishing industry, a person
 2469  with experience in an environmental science or regulation
 2470  engineer, a person with training in biology or another
 2471  scientific discipline, a person with training as an attorney, a
 2472  physician, a person with training as an engineer, and two
 2473  residents of the county who are do not required to meet any
 2474  additional of the other qualifications for membership enumerated
 2475  in this paragraph, each to be appointed by the Lake County
 2476  legislative delegation. The Lake County legislative delegation
 2477  may waive the qualifications for membership on a case-by-case
 2478  basis if good cause is shown. A No person serving on the council
 2479  may not be appointed to a council, board, or commission of any
 2480  council advisory group agency. The council members shall serve
 2481  as advisors to the governing board of the St. Johns River Water
 2482  Management District. The council is subject to the provisions of
 2483  chapters 119 and 120.
 2484         (3) The council shall meet at the call of its chair, at the
 2485  request of six of its members, or at the request of the chair of
 2486  the governing board of the St. Johns River Water Management
 2487  District. Resignation by a council member, or failure by a
 2488  council member to attend three consecutive meetings without an
 2489  excuse approved by the chair, results in a vacancy on the
 2490  council.
 2491         Section 17. Paragraphs (a) and (b) of subsection (6) of
 2492  section 373.536, Florida Statutes, are amended to read:
 2493         373.536 District budget and hearing thereon.—
 2494         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2495  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2496         (a) Each district must, by the date specified for each
 2497  item, furnish copies of the following documents to the Governor,
 2498  the President of the Senate, the Speaker of the House of
 2499  Representatives, the chairs of all legislative committees and
 2500  subcommittees having substantive or fiscal jurisdiction over the
 2501  districts, as determined by the President of the Senate or the
 2502  Speaker of the House of Representatives as applicable, the
 2503  secretary of the department, and the governing board of each
 2504  county in which the district has jurisdiction or derives any
 2505  funds for the operations of the district:
 2506         1. The adopted budget, to be furnished within 10 days after
 2507  its adoption.
 2508         2. A financial audit of its accounts and records, to be
 2509  furnished within 10 days after its acceptance by the governing
 2510  board. The audit must be conducted in accordance with s. 11.45
 2511  and the rules adopted thereunder. In addition to the entities
 2512  named above, the district must provide a copy of the audit to
 2513  the Auditor General within 10 days after its acceptance by the
 2514  governing board.
 2515         3. A 5-year capital improvements plan, to be included in
 2516  the consolidated annual report required by s. 373.036(7). The
 2517  plan must include expected sources of revenue for planned
 2518  improvements and must be prepared in a manner comparable to the
 2519  fixed capital outlay format set forth in s. 216.043.
 2520         4. A 5-year water resource development work program to be
 2521  furnished within 30 days after the adoption of the final budget.
 2522  The program must describe the district’s implementation strategy
 2523  and include an annual funding plan for each of the 5 years
 2524  included in the plan for the water resource and, water supply,
 2525  development components, including and alternative water supply
 2526  development, components of each approved regional water supply
 2527  plan developed or revised under s. 373.709. The work program
 2528  must address all the elements of the water resource development
 2529  component in the district’s approved regional water supply
 2530  plans, as well as the water supply projects proposed for
 2531  district funding and assistance. The annual funding plan shall
 2532  identify both anticipated available district funding and
 2533  additional funding needs for the second through fifth years of
 2534  the funding plan. The work program and must identify projects in
 2535  the work program which will provide water; explain how each
 2536  water resource and, water supply, and alternative water supply
 2537  development project will produce additional water available for
 2538  consumptive uses; estimate the quantity of water to be produced
 2539  by each project; and provide an assessment of the contribution
 2540  of the district’s regional water supply plans in supporting the
 2541  implementation of minimum flows and minimum water levels and
 2542  water reservations; and ensure providing sufficient water is
 2543  available needed to timely meet the water supply needs of
 2544  existing and future reasonable-beneficial uses for a 1-in-10
 2545  year drought event and to avoid the adverse effects of
 2546  competition for water supplies.
 2547         (b) Within 30 days after its submittal, the department
 2548  shall review the proposed work program and submit its findings,
 2549  questions, and comments to the district. The review must include
 2550  a written evaluation of the program’s consistency with the
 2551  furtherance of the district’s approved regional water supply
 2552  plans, and the adequacy of proposed expenditures. As part of the
 2553  review, the department shall post the proposed work program on
 2554  its website and give interested parties the opportunity to
 2555  provide written comments on each district’s proposed work
 2556  program. Within 45 days after receipt of the department’s
 2557  evaluation, the governing board shall state in writing to the
 2558  department which of the changes recommended in the evaluation it
 2559  will incorporate into its work program submitted as part of the
 2560  March 1 consolidated annual report required by s. 373.036(7) or
 2561  specify the reasons for not incorporating the changes. The
 2562  department shall include the district’s responses in a final
 2563  evaluation report and shall submit a copy of the report to the
 2564  Governor, the President of the Senate, and the Speaker of the
 2565  House of Representatives.
 2566         Section 18. Subsection (9) of section 373.703, Florida
 2567  Statutes, is amended to read:
 2568         373.703 Water production; general powers and duties.—In the
 2569  performance of, and in conjunction with, its other powers and
 2570  duties, the governing board of a water management district
 2571  existing pursuant to this chapter:
 2572         (9) May join with one or more other water management
 2573  districts, counties, municipalities, special districts, publicly
 2574  owned or privately owned water utilities, multijurisdictional
 2575  water supply entities, regional water supply authorities,
 2576  private landowners, or self-suppliers for the purpose of
 2577  carrying out its powers, and may contract with such other
 2578  entities to finance acquisitions, construction, operation, and
 2579  maintenance, provided that such contracts are consistent with
 2580  the public interest. The contract may provide for contributions
 2581  to be made by each party to the contract for the division and
 2582  apportionment of the expenses of acquisitions, construction,
 2583  operation, and maintenance, and for the division and
 2584  apportionment of resulting benefits, services, and products. The
 2585  contracts may contain other covenants and agreements necessary
 2586  and appropriate to accomplish their purposes.
 2587         Section 19. Paragraph (b) of subsection (2), subsection
 2588  (3), and paragraph (b) of subsection (4) of section 373.705,
 2589  Florida Statutes, are amended, and subsection (5) is added to
 2590  that section, to read:
 2591         373.705 Water resource development; water supply
 2592  development.—
 2593         (2) It is the intent of the Legislature that:
 2594         (b) Water management districts take the lead in identifying
 2595  and implementing water resource development projects, and be
 2596  responsible for securing necessary funding for regionally
 2597  significant water resource development projects, including
 2598  regionally significant projects that prevent or limit adverse
 2599  water resource impacts, avoid competition among water users, or
 2600  support the provision of new water supplies in order to meet a
 2601  minimum flow or minimum water level or to implement a recovery
 2602  or prevention strategy or water reservation.
 2603         (3)(a) The water management districts shall fund and
 2604  implement water resource development as defined in s. 373.019.
 2605  The water management districts are encouraged to implement water
 2606  resource development as expeditiously as possible in areas
 2607  subject to regional water supply plans.
 2608         (b) Each governing board shall include in its annual budget
 2609  submittals required under this chapter:
 2610         1. The amount of funds for each project in the annual
 2611  funding plan developed pursuant to s. 373.536(6)(a)4.; and
 2612         2. The total amount needed for the fiscal year to implement
 2613  water resource development projects, as prioritized in its
 2614  regional water supply plans.
 2615         (4)
 2616         (b) Water supply development projects that meet the
 2617  criteria in paragraph (a) and that meet one or more of the
 2618  following additional criteria shall be given first consideration
 2619  for state or water management district funding assistance:
 2620         1. The project brings about replacement of existing sources
 2621  in order to help implement a minimum flow or minimum water
 2622  level; or
 2623         2. The project implements reuse that assists in the
 2624  elimination of domestic wastewater ocean outfalls as provided in
 2625  s. 403.086(9); or
 2626         3. The project reduces or eliminates the adverse effects of
 2627  competition between legal users and the natural system.
 2628         (5) The water management districts shall promote expanded
 2629  cost-share criteria for additional conservation practices, such
 2630  as soil and moisture sensors and other irrigation improvements,
 2631  water-saving equipment, and water-saving household fixtures, and
 2632  software technologies that can achieve verifiable water
 2633  conservation by providing water use information to utility
 2634  customers.
 2635         Section 20. Paragraph (f) of subsection (3), paragraph (a)
 2636  of subsection (6), and paragraph (e) of subsection (8) of
 2637  section 373.707, Florida Statutes, are amended to read:
 2638         373.707 Alternative water supply development.—
 2639         (3) The primary roles of the water management districts in
 2640  water resource development as it relates to supporting
 2641  alternative water supply development are:
 2642         (f) The provision of technical and financial assistance to
 2643  local governments and publicly owned and privately owned water
 2644  utilities for alternative water supply projects and to self
 2645  suppliers for alternative water supply projects to the extent
 2646  that such assistance to self-suppliers promotes the policies in
 2647  paragraph (1)(f).
 2648         (6)(a) If state The statewide funds are provided through
 2649  specific appropriation or pursuant to the Water Protection and
 2650  Sustainability Program, such funds serve to supplement existing
 2651  water management district or basin board funding for alternative
 2652  water supply development assistance and should not result in a
 2653  reduction of such funding. For each project identified in the
 2654  annual funding plans prepared pursuant to s. 373.536(6)(a)4.
 2655  Therefore, the water management districts shall include in the
 2656  annual tentative and adopted budget submittals required under
 2657  this chapter the amount of funds allocated for water resource
 2658  development that supports alternative water supply development
 2659  and the funds allocated for alternative water supply projects
 2660  selected for inclusion in the Water Protection and
 2661  Sustainability Program. It shall be the goal of each water
 2662  management district and basin boards that the combined funds
 2663  allocated annually for these purposes be, at a minimum, the
 2664  equivalent of 100 percent of the state funding provided to the
 2665  water management district for alternative water supply
 2666  development. If this goal is not achieved, the water management
 2667  district shall provide in the budget submittal an explanation of
 2668  the reasons or constraints that prevent this goal from being
 2669  met, an explanation of how the goal will be met in future years,
 2670  and affirmation of match is required during the budget review
 2671  process as established under s. 373.536(5). The Suwannee River
 2672  Water Management District and the Northwest Florida Water
 2673  Management District shall not be required to meet the match
 2674  requirements of this paragraph; however, they shall try to
 2675  achieve the match requirement to the greatest extent
 2676  practicable.
 2677         (8)
 2678         (e) Applicants for projects that may receive funding
 2679  assistance pursuant to the Water Protection and Sustainability
 2680  Program shall, at a minimum, be required to pay 60 percent of
 2681  the project’s construction costs. The water management districts
 2682  may, at their discretion, totally or partially waive this
 2683  requirement for projects sponsored by:
 2684         1. Financially disadvantaged small local governments as
 2685  defined in former s. 403.885(5); or
 2686         2. Water users for projects determined by a water
 2687  management district governing board to be in the public interest
 2688  pursuant to paragraph (1)(f), if the projects are not otherwise
 2689  financially feasible.
 2690  
 2691  The water management districts or basin boards may, at their
 2692  discretion, use ad valorem or federal revenues to assist a
 2693  project applicant in meeting the requirements of this paragraph.
 2694         Section 21. Subsection (2) and paragraphs (a) and (e) of
 2695  subsection (6) of section 373.709, Florida Statutes, are amended
 2696  to read:
 2697         373.709 Regional water supply planning.—
 2698         (2) Each regional water supply plan must be based on at
 2699  least a 20-year planning period and must include, but need not
 2700  be limited to:
 2701         (a) A water supply development component for each water
 2702  supply planning region identified by the district which
 2703  includes:
 2704         1. A quantification of the water supply needs for all
 2705  existing and future reasonable-beneficial uses within the
 2706  planning horizon. The level-of-certainty planning goal
 2707  associated with identifying the water supply needs of existing
 2708  and future reasonable-beneficial uses must be based upon meeting
 2709  those needs for a 1-in-10-year drought event.
 2710         a. Population projections used for determining public water
 2711  supply needs must be based upon the best available data. In
 2712  determining the best available data, the district shall consider
 2713  the University of Florida Florida’s Bureau of Economic and
 2714  Business Research (BEBR) medium population projections and
 2715  population projection data and analysis submitted by a local
 2716  government pursuant to the public workshop described in
 2717  subsection (1) if the data and analysis support the local
 2718  government’s comprehensive plan. Any adjustment of or deviation
 2719  from the BEBR projections must be fully described, and the
 2720  original BEBR data must be presented along with the adjusted
 2721  data.
 2722         b. Agricultural demand projections used for determining the
 2723  needs of agricultural self-suppliers must be based upon the best
 2724  available data. In determining the best available data for
 2725  agricultural self-supplied water needs, the district shall
 2726  consider the data indicative of future water supply demands
 2727  provided by the Department of Agriculture and Consumer Services
 2728  pursuant to s. 570.93 and agricultural demand projection data
 2729  and analysis submitted by a local government pursuant to the
 2730  public workshop described in subsection (1), if the data and
 2731  analysis support the local government’s comprehensive plan. Any
 2732  adjustment of or deviation from the data provided by the
 2733  Department of Agriculture and Consumer Services must be fully
 2734  described, and the original data must be presented along with
 2735  the adjusted data.
 2736         2. A list of water supply development project options,
 2737  including traditional and alternative water supply project
 2738  options that are technically and financially feasible, from
 2739  which local government, government-owned and privately owned
 2740  utilities, regional water supply authorities,
 2741  multijurisdictional water supply entities, self-suppliers, and
 2742  others may choose for water supply development. In addition to
 2743  projects listed by the district, such users may propose specific
 2744  projects for inclusion in the list of alternative water supply
 2745  projects. If such users propose a project to be listed as an
 2746  alternative water supply project, the district shall determine
 2747  whether it meets the goals of the plan, and, if so, it shall be
 2748  included in the list. The total capacity of the projects
 2749  included in the plan must exceed the needs identified in
 2750  subparagraph 1. and take into account water conservation and
 2751  other demand management measures, as well as water resources
 2752  constraints, including adopted minimum flows and minimum water
 2753  levels and water reservations. Where the district determines it
 2754  is appropriate, the plan should specifically identify the need
 2755  for multijurisdictional approaches to project options that,
 2756  based on planning level analysis, are appropriate to supply the
 2757  intended uses and that, based on such analysis, appear to be
 2758  permittable and financially and technically feasible. The list
 2759  of water supply development options must contain provisions that
 2760  recognize that alternative water supply options for agricultural
 2761  self-suppliers are limited.
 2762         3. For each project option identified in subparagraph 2.,
 2763  the following must be provided:
 2764         a. An estimate of the amount of water to become available
 2765  through the project.
 2766         b. The timeframe in which the project option should be
 2767  implemented and the estimated planning-level costs for capital
 2768  investment and operating and maintaining the project.
 2769         c. An analysis of funding needs and sources of possible
 2770  funding options. For alternative water supply projects, the
 2771  water management districts shall provide funding assistance
 2772  pursuant to s. 373.707(8).
 2773         d. Identification of the entity that should implement each
 2774  project option and the current status of project implementation.
 2775         (b) A water resource development component that includes:
 2776         1. A listing of those water resource development projects
 2777  that support water supply development for all existing and
 2778  future reasonable-beneficial uses as described in paragraph
 2779  (2)(a) and for the natural systems as identified in the recovery
 2780  or prevention strategies for adopted minimum flows and minimum
 2781  water levels or water reservations.
 2782         2. For each water resource development project listed:
 2783         a. An estimate of the amount of water to become available
 2784  through the project for all existing and future reasonable
 2785  beneficial uses as described in paragraph (2)(a) and for the
 2786  natural systems as identified in the recovery or prevention
 2787  strategies for adopted minimum flows and minimum water levels or
 2788  water reservations.
 2789         b. The timeframe in which the project option should be
 2790  implemented and the estimated planning-level costs for capital
 2791  investment and for operating and maintaining the project.
 2792         c. An analysis of funding needs and sources of possible
 2793  funding options.
 2794         d. Identification of the entity that should implement each
 2795  project option and the current status of project implementation.
 2796         (c) The recovery and prevention strategy described in s.
 2797  373.0421(2).
 2798         (d) A funding strategy for water resource development
 2799  projects, which shall be reasonable and sufficient to pay the
 2800  cost of constructing or implementing all of the listed projects.
 2801         (e) Consideration of how the project options addressed in
 2802  paragraph (a) serve the public interest or save costs overall by
 2803  preventing the loss of natural resources or avoiding greater
 2804  future expenditures for water resource development or water
 2805  supply development. However, unless adopted by rule, these
 2806  considerations do not constitute final agency action.
 2807         (f) The technical data and information applicable to each
 2808  planning region which are necessary to support the regional
 2809  water supply plan.
 2810         (g) The minimum flows and minimum water levels established
 2811  for water resources within each planning region.
 2812         (h) Reservations of water adopted by rule pursuant to s.
 2813  373.223(4) within each planning region.
 2814         (i) Identification of surface waters or aquifers for which
 2815  minimum flows and minimum water levels are scheduled to be
 2816  adopted.
 2817         (j) An analysis, developed in cooperation with the
 2818  department, of areas or instances in which the variance
 2819  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
 2820  create water supply development or water resource development
 2821  projects.
 2822         (k) An assessment of how the regional water supply plan and
 2823  the projects identified in the funding plans prepared pursuant
 2824  to sub-subparagraphs (a)3.c. and (b)2.c. support the recovery or
 2825  prevention strategies for implementation of adopted minimum
 2826  flows and minimum water levels or water reservations, including
 2827  minimum flows and minimum water levels for Outstanding Florida
 2828  Springs adopted pursuant to s. 373.805; while ensuring that
 2829  sufficient water will be available for all existing and future
 2830  reasonable-beneficial uses and the natural systems identified
 2831  herein; and that the adverse effects of competition for water
 2832  supplies will be avoided.
 2833         (6) Annually and in conjunction with the reporting
 2834  requirements of s. 373.536(6)(a)4., the department shall submit
 2835  to the Governor and the Legislature a report on the status of
 2836  regional water supply planning in each district. The report
 2837  shall include:
 2838         (a) A compilation of the estimated costs of and an analysis
 2839  of the sufficiency of potential sources of funding from all
 2840  sources for water resource development and water supply
 2841  development projects as identified in the water management
 2842  district regional water supply plans.
 2843         (e) An overall assessment of the progress being made to
 2844  develop water supply in each district, including, but not
 2845  limited to, an explanation of how each project in the 5-year
 2846  water resource development work program developed pursuant to s.
 2847  373.536(6)(a)4., either alternative or traditional, will
 2848  produce, contribute to, or account for additional water being
 2849  made available for consumptive uses, minimum flows and minimum
 2850  water levels, or water reservations; an estimate of the quantity
 2851  of water to be produced by each project;, and an assessment of
 2852  the contribution of the district’s regional water supply plan in
 2853  providing sufficient water to meet the needs of existing and
 2854  future reasonable-beneficial uses for a 1-in-10-year drought
 2855  event, as well as the needs of the natural systems.
 2856         Section 22. Part VIII of chapter 373, Florida Statutes,
 2857  consisting of ss. 373.801-373.813, Florida Statutes, is created
 2858  and entitled the “Florida Springs and Aquifer Protection Act.”
 2859         Section 23. Section 373.801, Florida Statutes, is created
 2860  to read:
 2861         373.801Legislative findings and intent.—
 2862         (1)The Legislature finds that springs are a unique part of
 2863  this state’s scenic beauty. Springs provide critical habitat for
 2864  plants and animals, including many endangered or threatened
 2865  species. Springs also provide immeasurable natural,
 2866  recreational, economic, and inherent value. Springs are of great
 2867  scientific importance in understanding the diverse functions of
 2868  aquatic ecosystems. Water quality of springs is an indicator of
 2869  local conditions of the Floridan Aquifer, which is a source of
 2870  drinking water for many residents of this state. Water flows in
 2871  springs may reflect regional aquifer conditions. In addition,
 2872  springs provide recreational opportunities for swimming,
 2873  canoeing, wildlife watching, fishing, cave diving, and many
 2874  other activities in this state. These recreational opportunities
 2875  and the accompanying tourism they provide are a benefit to local
 2876  economies and the economy of the state as a whole.
 2877         (2) The Legislature finds that the water quantity and water
 2878  quality in springs may be related. For regulatory purposes, the
 2879  department has primary responsibility for water quality; the
 2880  water management districts have primary responsibility for water
 2881  quantity; and the Department of Agriculture and Consumer
 2882  Services has primary responsibility for the development and
 2883  implementation of agricultural best management practices. Local
 2884  governments have primary responsibility for providing domestic
 2885  wastewater collection and treatment services and stormwater
 2886  management. The foregoing responsible entities must coordinate
 2887  to restore and maintain the water quantity and water quality of
 2888  the Outstanding Florida Springs.
 2889         (3) The Legislature recognizes that:
 2890         (a)A spring is only as healthy as its aquifer system. The
 2891  groundwater that supplies springs is derived from water that
 2892  recharges the aquifer system in the form of seepage from the
 2893  land surface and through direct conduits, such as sinkholes.
 2894  Springs may be adversely affected by polluted runoff from urban
 2895  and agricultural lands; discharges resulting from inadequate
 2896  wastewater and stormwater management practices; stormwater
 2897  runoff; and reduced water levels of the Floridan Aquifer. As a
 2898  result, the hydrologic and environmental conditions of a spring
 2899  or spring run are directly influenced by activities and land
 2900  uses within a springshed and by water withdrawals from the
 2901  Floridan Aquifer.
 2902         (b)Springs, whether found in urban or rural settings, or
 2903  on public or private lands, may be threatened by actual or
 2904  potential flow reductions and declining water quality. Many of
 2905  this state’s springs are demonstrating signs of significant
 2906  ecological imbalance, increased nutrient loading, and declining
 2907  flow. Without effective remedial action, further declines in
 2908  water quality and water quantity may occur.
 2909         (c)Springshed boundaries and areas of high vulnerability
 2910  within a springshed need to be identified and delineated using
 2911  the best available data.
 2912         (d)Springsheds typically cross water management district
 2913  boundaries and local government jurisdictional boundaries, so a
 2914  coordinated statewide springs protection plan is needed.
 2915         (e)The aquifers and springs of this state are complex
 2916  systems affected by many variables and influences.
 2917         (4)The Legislature recognizes that action is urgently
 2918  needed and, as additional data is acquired, action must be
 2919  modified.
 2920         Section 24. Section 373.802, Florida Statutes, is created
 2921  to read:
 2922         373.802 Definitions.—As used in this part, the term:
 2923         (1)“Department” means the Department of Environmental
 2924  Protection, which includes the Florida Geological Survey or its
 2925  successor agencies.
 2926         (2)“Local government” means a county or municipal
 2927  government the jurisdictional boundaries of which include an
 2928  Outstanding Florida Spring or any part of a springshed or
 2929  delineated priority focus area of an Outstanding Florida Spring.
 2930         (3)“Onsite sewage treatment and disposal system” means a
 2931  system that contains a standard subsurface, filled, or mound
 2932  drainfield system; an aerobic treatment unit; a graywater system
 2933  tank; a laundry wastewater system tank; a septic tank; a grease
 2934  interceptor; a pump tank; a solids or effluent pump; a
 2935  waterless, incinerating, or organic waste-composting toilet; or
 2936  a sanitary pit privy that is installed or proposed to be
 2937  installed beyond the building sewer on land of the owner or on
 2938  other land on which the owner has the legal right to install
 2939  such system. The term includes any item placed within, or
 2940  intended to be used as a part of or in conjunction with, the
 2941  system. The term does not include package sewage treatment
 2942  facilities and other treatment works regulated under chapter
 2943  403.
 2944         (4)“Outstanding Florida Spring” includes all historic
 2945  first magnitude springs, including their associated spring runs,
 2946  as determined by the department using the most recent Florida
 2947  Geological Survey springs bulletin, and the following additional
 2948  springs, including their associated spring runs:
 2949         (a)De Leon Springs;
 2950         (b)Peacock Springs;
 2951         (c) Poe Springs;
 2952         (d)Rock Springs;
 2953         (e)Wekiwa Springs; and
 2954         (f) Gemini Springs.
 2955  
 2956  The term does not include submarine springs or river rises.
 2957         (5)“Priority focus area” means the area or areas of a
 2958  basin where the Floridan Aquifer is generally most vulnerable to
 2959  pollutant inputs where there is a known connectivity between
 2960  groundwater pathways and an Outstanding Florida Spring, as
 2961  determined by the department in consultation with the
 2962  appropriate water management districts, and delineated in a
 2963  basin management action plan.
 2964         (6)“Springshed” means the areas within the groundwater and
 2965  surface water basins which contribute, based upon all relevant
 2966  facts, circumstances, and data, to the discharge of a spring as
 2967  defined by potentiometric surface maps and surface watershed
 2968  boundaries.
 2969         (7)“Spring run” means a body of flowing water that
 2970  originates from a spring or whose primary source of water is a
 2971  spring or springs under average rainfall conditions.
 2972         (8) “Spring vent” means a location where groundwater flows
 2973  out of a natural, discernible opening in the ground onto the
 2974  land surface or into a predominantly fresh surface water body.
 2975         Section 25. Section 373.803, Florida Statutes, is created
 2976  to read:
 2977         373.803 Delineation of priority focus areas for Outstanding
 2978  Florida Springs.—Using the best data available from the water
 2979  management districts and other credible sources, the department,
 2980  in coordination with the water management districts, shall
 2981  delineate priority focus areas for each Outstanding Florida
 2982  Spring or group of springs that contains one or more Outstanding
 2983  Florida Springs and is identified as impaired in accordance with
 2984  s. 373.807. In delineating priority focus areas, the department
 2985  shall consider groundwater travel time to the spring,
 2986  hydrogeology, nutrient load, and any other factors that may lead
 2987  to degradation of an Outstanding Florida Spring. The delineation
 2988  of priority focus areas must be completed by July 1, 2018, shall
 2989  use understood and identifiable boundaries such as roads or
 2990  political jurisdictions for ease of implementation, and is
 2991  effective upon incorporation in a basin management action plan.
 2992         Section 26. Section 373.805, Florida Statutes, is created
 2993  to read:
 2994         373.805 Minimum flows and minimum water levels for
 2995  Outstanding Florida Springs.—
 2996         (1)At the time a minimum flow or minimum water level is
 2997  adopted pursuant to s. 373.042 for an Outstanding Florida
 2998  Spring, if the spring is below or is projected within 20 years
 2999  to fall below the minimum flow or minimum water level, a water
 3000  management district or the department shall concurrently adopt a
 3001  recovery or prevention strategy.
 3002         (2) When a minimum flow or minimum water level for an
 3003  Outstanding Florida Spring is revised pursuant to s.
 3004  373.0421(3), if the spring is below or is projected within 20
 3005  years to fall below the minimum flow or minimum water level, a
 3006  water management district or the department shall concurrently
 3007  adopt a recovery or prevention strategy or modify an existing
 3008  recovery or prevention strategy. A district or the department
 3009  may adopt the revised minimum flow or minimum water level before
 3010  the adoption of a recovery or prevention strategy if the revised
 3011  minimum flow or minimum water level is less constraining on
 3012  existing or projected future consumptive uses.
 3013         (3) For an Outstanding Florida Spring without an adopted
 3014  recovery or prevention strategy, if a district or the department
 3015  determines the spring has fallen below, or is projected within
 3016  20 years to fall below, the adopted minimum flow or minimum
 3017  water level, a water management district or the department shall
 3018  expeditiously adopt a recovery or prevention strategy.
 3019         (4) The recovery or prevention strategy for each
 3020  Outstanding Florida Spring must, at a minimum, include:
 3021         (a) A listing of all specific projects identified for
 3022  implementation of the plan;
 3023         (b) A priority listing of each project;
 3024         (c) For each listed project, the estimated cost of and the
 3025  estimated date of completion;
 3026         (d) The source and amount of financial assistance to be
 3027  made available by the water management district for each listed
 3028  project, which may not be less than 25 percent of the total
 3029  project cost unless a specific funding source or sources are
 3030  identified which will provide more than 75 percent of the total
 3031  project cost. The Northwest Florida Water Management District
 3032  and the Suwannee River Water Management District are not
 3033  required to meet the minimum requirement to provide financial
 3034  assistance pursuant to this paragraph;
 3035         (e) An estimate of each listed project’s benefit to an
 3036  Outstanding Florida Spring; and
 3037         (f) An implementation plan designed with a target to
 3038  achieve the adopted minimum flow or minimum water level no more
 3039  than 20 years after the adoption of a recovery or prevention
 3040  strategy.
 3041  
 3042  The water management district or the department shall develop a
 3043  schedule establishing 5-year, 10-year, and 15-year targets for
 3044  achieving the adopted minimum flows or minimum water levels. The
 3045  schedule shall be used to provide guidance for planning and
 3046  funding purposes and is exempt from chapter 120.
 3047         (5) A local government may apply to the department for a
 3048  single extension of up to 5 years for any project in an adopted
 3049  recovery or prevention strategy. The department may grant the
 3050  extension if the local government provides to the department
 3051  sufficient evidence that an extension is in the best interest of
 3052  the public. For a local government in a rural area of
 3053  opportunity, as defined in s. 288.0656, the department may grant
 3054  a single extension of up to 10 years.
 3055         Section 27. Section 373.807, Florida Statutes, is created
 3056  to read:
 3057         373.807 Protection of water quality in Outstanding Florida
 3058  Springs.—By July 1, 2016, the department shall initiate
 3059  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 3060  Springs or spring systems for which an impairment determination
 3061  has not been made under the numeric nutrient standards in effect
 3062  for spring vents. Assessments must be completed by July 1, 2018.
 3063         (1)(a) Concurrent with the adoption of a nutrient total
 3064  maximum daily load for an Outstanding Florida Spring, the
 3065  department, or the department in conjunction with a water
 3066  management district, shall initiate development of a basin
 3067  management action plan, as specified in s. 403.067. For an
 3068  Outstanding Florida Spring with a nutrient total maximum daily
 3069  load adopted before July 1, 2016, the department, or the
 3070  department in conjunction with a water management district,
 3071  shall initiate development of a basin management action plan by
 3072  July 1, 2016. During the development of a basin management
 3073  action plan, if the department identifies onsite sewage
 3074  treatment and disposal systems as contributors of at least 20
 3075  percent of nonpoint source nitrogen pollution or if the
 3076  department determines remediation is necessary to achieve the
 3077  total maximum daily load, the basin management action plan shall
 3078  include an onsite sewage treatment and disposal system
 3079  remediation plan pursuant to subsection (3) for those systems
 3080  identified as requiring remediation.
 3081         (b) A basin management action plan for an Outstanding
 3082  Florida Spring shall be adopted within 2 years after its
 3083  initiation and must include, at a minimum:
 3084         1. A list of all specific projects and programs identified
 3085  to implement a nutrient total maximum daily load;
 3086         2. A list of all specific projects identified in any
 3087  incorporated onsite sewage treatment and disposal system
 3088  remediation plan, if applicable;
 3089         3. A priority rank for each listed project;
 3090         4.For each listed project, a planning level cost estimate
 3091  and the estimated date of completion;
 3092         5. The source and amount of financial assistance to be made
 3093  available by the department, a water management district, or
 3094  other entity for each listed project;
 3095         6.An estimate of each listed project’s nutrient load
 3096  reduction;
 3097         7.Identification of each point source or category of
 3098  nonpoint sources, including, but not limited to, urban turf
 3099  fertilizer, sports turf fertilizer, agricultural fertilizer,
 3100  onsite sewage treatment and disposal systems, wastewater
 3101  treatment facilities, animal wastes, and stormwater facilities.
 3102  An estimated allocation of the pollutant load must be provided
 3103  for each point source or category of nonpoint sources; and
 3104         8. An implementation plan designed with a target to achieve
 3105  the nutrient total maximum daily load no more than 20 years
 3106  after the adoption of a basin management action plan.
 3107  
 3108  The department shall develop a schedule establishing 5-year, 10
 3109  year, and 15-year targets for achieving the nutrient total
 3110  maximum daily load. The schedule shall be used to provide
 3111  guidance for planning and funding purposes and is exempt from
 3112  chapter 120.
 3113         (c) For a basin management action plan adopted before July
 3114  1, 2016, which addresses an Outstanding Florida Spring, the
 3115  department or the department in conjunction with a water
 3116  management district must revise the plan if necessary to comply
 3117  with this section by July 1, 2018.
 3118         (d) A local government may apply to the department for a
 3119  single extension of up to 5 years for any project in an adopted
 3120  basin management action plan. A local government in a rural area
 3121  of opportunity, as defined in s. 288.0656, may apply for a
 3122  single extension of up to 10 years for such a project. The
 3123  department may grant the extension if the local government
 3124  provides to the department sufficient evidence that an extension
 3125  is in the best interest of the public.
 3126         (2) By July 1, 2017, each local government, as defined in
 3127  s. 373.802(2), that has not adopted an ordinance pursuant to s.
 3128  403.9337, shall develop, enact, and implement an ordinance
 3129  pursuant to that section. It is the intent of the Legislature
 3130  that ordinances required to be adopted under this subsection
 3131  reflect the latest scientific information, advancements, and
 3132  technological improvements in the industry.
 3133         (3)As part of a basin management action plan that includes
 3134  an Outstanding Florida Spring, the department, the Department of
 3135  Health, relevant local governments, and relevant local public
 3136  and private wastewater utilities, shall develop an onsite sewage
 3137  treatment and disposal system remediation plan for a spring if
 3138  the department determines onsite sewage treatment and disposal
 3139  systems within a priority focus area contribute at least 20
 3140  percent of nonpoint source nitrogen pollution or if the
 3141  department determines remediation is necessary to achieve the
 3142  total maximum daily load. The plan shall identify cost-effective
 3143  and financially feasible projects necessary to reduce the
 3144  nutrient impacts from onsite sewage treatment and disposal
 3145  systems and shall be completed and adopted as part of the basin
 3146  management action plan no later than the first 5-year milestone
 3147  required by subparagraph (1)(b)8. The department is the lead
 3148  agency in coordinating the preparation of and the adoption of
 3149  the plan. The department shall:
 3150         (a)Collect and evaluate credible scientific information on
 3151  the effect of nutrients, particularly forms of nitrogen, on
 3152  springs and springs systems; and
 3153         (b)Develop a public education plan to provide area
 3154  residents with reliable, understandable information about onsite
 3155  sewage treatment and disposal systems and springs.
 3156  
 3157  In addition to the requirements in s. 403.067, the plan shall
 3158  include options for repair, upgrade, replacement, drainfield
 3159  modification, addition of effective nitrogen reducing features,
 3160  connection to a central sewerage system, or other action for an
 3161  onsite sewage treatment and disposal system or group of systems
 3162  within a priority focus area that contribute at least 20 percent
 3163  of nonpoint source nitrogen pollution or if the department
 3164  determines remediation is necessary to achieve a total maximum
 3165  daily load. For these systems, the department shall include in
 3166  the plan a priority ranking for each system or group of systems
 3167  that requires remediation and shall award funds to implement the
 3168  remediation projects contingent on an appropriation in the
 3169  General Appropriations Act, which may include all or part of the
 3170  costs necessary for repair, upgrade, replacement, drainfield
 3171  modification, addition of effective nitrogen reducing features,
 3172  initial connection to a central sewerage system, or other
 3173  action. In awarding funds, the department may consider expected
 3174  nutrient reduction benefit per unit cost, size and scope of
 3175  project, relative local financial contribution to the project,
 3176  and the financial impact on property owners and the community.
 3177  The department may waive matching funding requirements for
 3178  proposed projects within an area designated as a rural area of
 3179  opportunity under s. 288.0656.
 3180         (4)The department shall provide notice to a local
 3181  government of all permit applicants under s. 403.814(12) in a
 3182  priority focus area of an Outstanding Florida Spring over which
 3183  the local government has full or partial jurisdiction.
 3184         Section 28. Section 373.811, Florida Statutes, is created
 3185  to read:
 3186         373.811 Prohibited activities within a priority focus
 3187  area.—The following activities are prohibited within a priority
 3188  focus area in effect for an Outstanding Florida Spring:
 3189         (1) New domestic wastewater disposal facilities, including
 3190  rapid infiltration basins, with permitted capacities of 100,000
 3191  gallons per day or more, except for those facilities that meet
 3192  an advanced wastewater treatment standard of no more than 3 mg/l
 3193  total nitrogen, expressed as N, on an annual permitted basis, or
 3194  a more stringent treatment standard if the department determines
 3195  the more stringent standard is necessary to attain a total
 3196  maximum daily load for the Outstanding Florida Spring.
 3197         (2) New onsite sewage treatment and disposal systems on
 3198  lots of less than 1 acre, if the addition of the specific
 3199  systems conflicts with an onsite treatment and disposal system
 3200  remediation plan incorporated into a basin management action
 3201  plan in accordance with s. 373.807(3).
 3202         (3) New facilities for the disposal of hazardous waste.
 3203         (4) The land application of Class A or Class B domestic
 3204  wastewater biosolids not in accordance with a department
 3205  approved nutrient management plan establishing the rate at which
 3206  all biosolids, soil amendments, and sources of nutrients at the
 3207  land application site can be applied to the land for crop
 3208  production while minimizing the amount of pollutants and
 3209  nutrients discharged to groundwater or waters of the state.
 3210         (5) New agriculture operations that do not implement best
 3211  management practices, measures necessary to achieve pollution
 3212  reduction levels established by the department, or groundwater
 3213  monitoring plans approved by a water management district or the
 3214  department.
 3215         Section 29. Section 373.813, Florida Statutes, is created
 3216  to read:
 3217         373.813Rules.—
 3218         (1) The department shall adopt rules to improve water
 3219  quantity and water quality to administer this part, as
 3220  applicable.
 3221         (2)(a)The Department of Agriculture and Consumer Services
 3222  is the lead agency coordinating the reduction of agricultural
 3223  nonpoint sources of pollution for the protection of Outstanding
 3224  Florida Springs. The Department of Agriculture and Consumer
 3225  Services and the department, pursuant to s. 403.067(7)(c)4.,
 3226  shall study new or revised agricultural best management
 3227  practices for improving and protecting Outstanding Florida
 3228  Springs and, if necessary, in cooperation with applicable local
 3229  governments and stakeholders, initiate rulemaking to require the
 3230  implementation of such practices within a reasonable period.
 3231         (b)The department, the Department of Agriculture and
 3232  Consumer Services, and the University of Florida Institute of
 3233  Food and Agricultural Sciences shall cooperate in conducting the
 3234  necessary research and demonstration projects to develop
 3235  improved or additional nutrient management tools, including the
 3236  use of controlled release fertilizer that can be used by
 3237  agricultural producers as part of an agricultural best
 3238  management practices program. The development of such tools must
 3239  reflect a balance between water quality improvement and
 3240  agricultural productivity and, if applicable, must be
 3241  incorporated into the revised agricultural best management
 3242  practices adopted by rule by the Department of Agriculture and
 3243  Consumer Services.
 3244         Section 30. Subsection (29) of section 403.061, Florida
 3245  Statutes, is amended to read:
 3246         403.061 Department; powers and duties.—The department shall
 3247  have the power and the duty to control and prohibit pollution of
 3248  air and water in accordance with the law and rules adopted and
 3249  promulgated by it and, for this purpose, to:
 3250         (29)(a) Adopt by rule special criteria to protect Class II
 3251  and Class III shellfish harvesting waters. Such rules may
 3252  include special criteria for approving docking facilities that
 3253  have 10 or fewer slips if the construction and operation of such
 3254  facilities will not result in the closure of shellfish waters.
 3255         (b) Adopt by rule a specific surface water classification
 3256  to protect surface waters used for treated potable water supply.
 3257  These designated surface waters shall have the same water
 3258  quality criteria protections as waters designated for fish
 3259  consumption, recreation, and the propagation and maintenance of
 3260  a healthy, well-balanced population of fish and wildlife, and
 3261  shall be free from discharged substances at a concentration
 3262  that, alone or in combination with other discharged substances,
 3263  would require significant alteration of permitted treatment
 3264  processes at the permitted treatment facility or that would
 3265  otherwise prevent compliance with applicable state drinking
 3266  water standards in the treated water. Notwithstanding this
 3267  classification or the inclusion of treated water supply as a
 3268  designated use of a surface water, a surface water used for
 3269  treated potable water supply may be reclassified to the potable
 3270  water supply classification.
 3271  
 3272  The department shall implement such programs in conjunction with
 3273  its other powers and duties and shall place special emphasis on
 3274  reducing and eliminating contamination that presents a threat to
 3275  humans, animals or plants, or to the environment.
 3276         Section 31. Section 403.0617, Florida Statutes, is created
 3277  to read:
 3278         403.0617 Innovative nutrient and sediment reduction and
 3279  conservation pilot project program.—
 3280         (1) Contingent upon a specific appropriation in the General
 3281  Appropriation Act, the department may fund innovative nutrient
 3282  and sediment reduction and conservation pilot projects selected
 3283  pursuant to this section. These pilot projects are intended to
 3284  test the effectiveness of innovative or existing nutrient
 3285  reduction or water conservation technologies, programs, or
 3286  practices designed to minimize nutrient pollution or restore
 3287  flows in the water bodies of the state.
 3288         (2) By October 1, 2016, the department shall initiate
 3289  rulemaking to establish criteria by which the department will
 3290  evaluate and rank pilot projects for funding. The criteria must
 3291  include a determination by the department that the pilot project
 3292  will not be harmful to the ecological resources in the study
 3293  area. The criteria must give preference to projects that will
 3294  result in the greatest improvement to water quality and water
 3295  quantity for the dollars to be expended for the project. At a
 3296  minimum, the department shall consider all of the following:
 3297         (a) The level of nutrient impairment of the waterbody,
 3298  watershed, or water segment in which the project is located.
 3299         (b) The quantity of nutrients the project is estimated to
 3300  remove from a water body, watershed, or water segment with a
 3301  nutrient total maximum daily load.
 3302         (c) The potential for the project to provide a cost
 3303  effective solution to pollution, including pollution caused by
 3304  onsite sewage treatment and disposal systems.
 3305         (d) The anticipated impact the project will have on
 3306  restoring or increasing flow or water level.
 3307         (e) The amount of matching funds for the project which will
 3308  be provided by the entities responsible for implementing the
 3309  project.
 3310         (f) Whether the project is located in a rural area of
 3311  opportunity, as defined in s. 288.0656, with preference given to
 3312  the local government responsible for implementing the project.
 3313         (g) For multiple-year projects, whether the project has
 3314  funding sources that are identified and assured through the
 3315  expected completion date of the project.
 3316         (h) The cost of the project and the length of time it will
 3317  take to complete relative to its expected benefits.
 3318         (i) Whether the entities responsible for implementing the
 3319  project have used their own funds for projects to improve water
 3320  quality or conserve water use with preference given to those
 3321  entities that have expended such funds.
 3322         Section 32. Section 403.0623, Florida Statutes, is amended
 3323  to read:
 3324         403.0623 Environmental data; quality assurance.—
 3325         (1) The department must establish, by rule, appropriate
 3326  quality assurance requirements for environmental data submitted
 3327  to the department and the criteria by which environmental data
 3328  may be rejected by the department. The department may adopt and
 3329  enforce rules to establish data quality objectives and specify
 3330  requirements for training of laboratory and field staff, sample
 3331  collection methodology, proficiency testing, and audits of
 3332  laboratory and field sampling activities. Such rules may be in
 3333  addition to any laboratory certification provisions under ss.
 3334  403.0625 and 403.863.
 3335         (2)(a) The department, in coordination with the water
 3336  management districts, regional water supply authorities, and the
 3337  Department of Agriculture and Consumer Services shall establish
 3338  standards for the collection and analysis of water quantity,
 3339  water quality, and related data to ensure quality, reliability,
 3340  and validity of the data and testing results.
 3341         (b) To the extent practicable, the department shall
 3342  coordinate with federal agencies to ensure that its collection
 3343  and analysis of water quality, water quantity, and related data,
 3344  which may be used by any state agency, water management
 3345  district, or local government, is consistent with this
 3346  subsection.
 3347         (c) To receive state funds for the acquisition of land or
 3348  the financing of a water resource project, state agencies and
 3349  water management districts must show that they followed the
 3350  department’s collection and analysis standards, if available, as
 3351  a prerequisite for any such request for funding.
 3352         (d) The department and the water management districts may
 3353  adopt rules to implement this subsection.
 3354         Section 33. Subsection (7) of section 403.067, Florida
 3355  Statutes, is amended to read:
 3356         403.067 Establishment and implementation of total maximum
 3357  daily loads.—
 3358         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 3359  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 3360         (a) Basin management action plans.—
 3361         1. In developing and implementing the total maximum daily
 3362  load for a water body, the department, or the department in
 3363  conjunction with a water management district, may develop a
 3364  basin management action plan that addresses some or all of the
 3365  watersheds and basins tributary to the water body. Such plan
 3366  must integrate the appropriate management strategies available
 3367  to the state through existing water quality protection programs
 3368  to achieve the total maximum daily loads and may provide for
 3369  phased implementation of these management strategies to promote
 3370  timely, cost-effective actions as provided for in s. 403.151.
 3371  The plan must establish a schedule implementing the management
 3372  strategies, establish a basis for evaluating the plan’s
 3373  effectiveness, and identify feasible funding strategies for
 3374  implementing the plan’s management strategies. The management
 3375  strategies may include regional treatment systems or other
 3376  public works, where appropriate, and voluntary trading of water
 3377  quality credits to achieve the needed pollutant load reductions.
 3378         2. A basin management action plan must equitably allocate,
 3379  pursuant to paragraph (6)(b), pollutant reductions to individual
 3380  basins, as a whole to all basins, or to each identified point
 3381  source or category of nonpoint sources, as appropriate. For
 3382  nonpoint sources for which best management practices have been
 3383  adopted, the initial requirement specified by the plan must be
 3384  those practices developed pursuant to paragraph (c). Where
 3385  appropriate, the plan may take into account the benefits of
 3386  pollutant load reduction achieved by point or nonpoint sources
 3387  that have implemented management strategies to reduce pollutant
 3388  loads, including best management practices, before the
 3389  development of the basin management action plan. The plan must
 3390  also identify the mechanisms that will address potential future
 3391  increases in pollutant loading.
 3392         3. The basin management action planning process is intended
 3393  to involve the broadest possible range of interested parties,
 3394  with the objective of encouraging the greatest amount of
 3395  cooperation and consensus possible. In developing a basin
 3396  management action plan, the department shall assure that key
 3397  stakeholders, including, but not limited to, applicable local
 3398  governments, water management districts, the Department of
 3399  Agriculture and Consumer Services, other appropriate state
 3400  agencies, local soil and water conservation districts,
 3401  environmental groups, regulated interests, and affected
 3402  pollution sources, are invited to participate in the process.
 3403  The department shall hold at least one public meeting in the
 3404  vicinity of the watershed or basin to discuss and receive
 3405  comments during the planning process and shall otherwise
 3406  encourage public participation to the greatest practicable
 3407  extent. Notice of the public meeting must be published in a
 3408  newspaper of general circulation in each county in which the
 3409  watershed or basin lies not less than 5 days nor more than 15
 3410  days before the public meeting. A basin management action plan
 3411  does not supplant or otherwise alter any assessment made under
 3412  subsection (3) or subsection (4) or any calculation or initial
 3413  allocation.
 3414         4. Each new or revised basin management action plan shall
 3415  include:
 3416         a.The appropriate management strategies available through
 3417  existing water quality protection programs to achieve total
 3418  maximum daily loads, which may provide for phased implementation
 3419  to promote timely, cost-effective actions as provided for in s.
 3420  403.151;
 3421         b. A description of best management practices adopted by
 3422  rule;
 3423         c.A list of projects in priority ranking with a planning
 3424  level cost estimate and estimated date of completion for each
 3425  listed project;
 3426         d. The source and amount of financial assistance to be made
 3427  available by the department, a water management district, or
 3428  other entity for each listed project, if applicable; and
 3429         e. A planning-level estimate of each listed project’s
 3430  expected load reduction, if applicable.
 3431         5.4. The department shall adopt all or any part of a basin
 3432  management action plan and any amendment to such plan by
 3433  secretarial order pursuant to chapter 120 to implement the
 3434  provisions of this section.
 3435         6.5. The basin management action plan must include
 3436  milestones for implementation and water quality improvement, and
 3437  an associated water quality monitoring component sufficient to
 3438  evaluate whether reasonable progress in pollutant load
 3439  reductions is being achieved over time. An assessment of
 3440  progress toward these milestones shall be conducted every 5
 3441  years, and revisions to the plan shall be made as appropriate.
 3442  Revisions to the basin management action plan shall be made by
 3443  the department in cooperation with basin stakeholders. Revisions
 3444  to the management strategies required for nonpoint sources must
 3445  follow the procedures set forth in subparagraph (c)4. Revised
 3446  basin management action plans must be adopted pursuant to
 3447  subparagraph 5 4.
 3448         7.6. In accordance with procedures adopted by rule under
 3449  paragraph (9)(c), basin management action plans, and other
 3450  pollution control programs under local, state, or federal
 3451  authority as provided in subsection (4), may allow point or
 3452  nonpoint sources that will achieve greater pollutant reductions
 3453  than required by an adopted total maximum daily load or
 3454  wasteload allocation to generate, register, and trade water
 3455  quality credits for the excess reductions to enable other
 3456  sources to achieve their allocation; however, the generation of
 3457  water quality credits does not remove the obligation of a source
 3458  or activity to meet applicable technology requirements or
 3459  adopted best management practices. Such plans must allow trading
 3460  between NPDES permittees, and trading that may or may not
 3461  involve NPDES permittees, where the generation or use of the
 3462  credits involve an entity or activity not subject to department
 3463  water discharge permits whose owner voluntarily elects to obtain
 3464  department authorization for the generation and sale of credits.
 3465         8.7. The provisions of the department’s rule relating to
 3466  the equitable abatement of pollutants into surface waters do not
 3467  apply to water bodies or water body segments for which a basin
 3468  management plan that takes into account future new or expanded
 3469  activities or discharges has been adopted under this section.
 3470         (b) Total maximum daily load implementation.—
 3471         1. The department shall be the lead agency in coordinating
 3472  the implementation of the total maximum daily loads through
 3473  existing water quality protection programs. Application of a
 3474  total maximum daily load by a water management district must be
 3475  consistent with this section and does not require the issuance
 3476  of an order or a separate action pursuant to s. 120.536(1) or s.
 3477  120.54 for the adoption of the calculation and allocation
 3478  previously established by the department. Such programs may
 3479  include, but are not limited to:
 3480         a. Permitting and other existing regulatory programs,
 3481  including water-quality-based effluent limitations;
 3482         b. Nonregulatory and incentive-based programs, including
 3483  best management practices, cost sharing, waste minimization,
 3484  pollution prevention, agreements established pursuant to s.
 3485  403.061(21), and public education;
 3486         c. Other water quality management and restoration
 3487  activities, for example surface water improvement and management
 3488  plans approved by water management districts or basin management
 3489  action plans developed pursuant to this subsection;
 3490         d. Trading of water quality credits or other equitable
 3491  economically based agreements;
 3492         e. Public works including capital facilities; or
 3493         f. Land acquisition.
 3494         2. For a basin management action plan adopted pursuant to
 3495  paragraph (a), any management strategies and pollutant reduction
 3496  requirements associated with a pollutant of concern for which a
 3497  total maximum daily load has been developed, including effluent
 3498  limits set forth for a discharger subject to NPDES permitting,
 3499  if any, must be included in a timely manner in subsequent NPDES
 3500  permits or permit modifications for that discharger. The
 3501  department may not impose limits or conditions implementing an
 3502  adopted total maximum daily load in an NPDES permit until the
 3503  permit expires, the discharge is modified, or the permit is
 3504  reopened pursuant to an adopted basin management action plan.
 3505         a. Absent a detailed allocation, total maximum daily loads
 3506  must be implemented through NPDES permit conditions that provide
 3507  for a compliance schedule. In such instances, a facility’s NPDES
 3508  permit must allow time for the issuance of an order adopting the
 3509  basin management action plan. The time allowed for the issuance
 3510  of an order adopting the plan may not exceed 5 years. Upon
 3511  issuance of an order adopting the plan, the permit must be
 3512  reopened or renewed, as necessary, and permit conditions
 3513  consistent with the plan must be established. Notwithstanding
 3514  the other provisions of this subparagraph, upon request by an
 3515  NPDES permittee, the department as part of a permit issuance,
 3516  renewal, or modification may establish individual allocations
 3517  before the adoption of a basin management action plan.
 3518         b. For holders of NPDES municipal separate storm sewer
 3519  system permits and other stormwater sources, implementation of a
 3520  total maximum daily load or basin management action plan must be
 3521  achieved, to the maximum extent practicable, through the use of
 3522  best management practices or other management measures.
 3523         c. The basin management action plan does not relieve the
 3524  discharger from any requirement to obtain, renew, or modify an
 3525  NPDES permit or to abide by other requirements of the permit.
 3526         d. Management strategies set forth in a basin management
 3527  action plan to be implemented by a discharger subject to
 3528  permitting by the department must be completed pursuant to the
 3529  schedule set forth in the basin management action plan. This
 3530  implementation schedule may extend beyond the 5-year term of an
 3531  NPDES permit.
 3532         e. Management strategies and pollution reduction
 3533  requirements set forth in a basin management action plan for a
 3534  specific pollutant of concern are not subject to challenge under
 3535  chapter 120 at the time they are incorporated, in an identical
 3536  form, into a subsequent NPDES permit or permit modification.
 3537         f. For nonagricultural pollutant sources not subject to
 3538  NPDES permitting but permitted pursuant to other state,
 3539  regional, or local water quality programs, the pollutant
 3540  reduction actions adopted in a basin management action plan must
 3541  be implemented to the maximum extent practicable as part of
 3542  those permitting programs.
 3543         g. A nonpoint source discharger included in a basin
 3544  management action plan must demonstrate compliance with the
 3545  pollutant reductions established under subsection (6) by
 3546  implementing the appropriate best management practices
 3547  established pursuant to paragraph (c) or conducting water
 3548  quality monitoring prescribed by the department or a water
 3549  management district. A nonpoint source discharger may, in
 3550  accordance with department rules, supplement the implementation
 3551  of best management practices with water quality credit trades in
 3552  order to demonstrate compliance with the pollutant reductions
 3553  established under subsection (6).
 3554         h. A nonpoint source discharger included in a basin
 3555  management action plan may be subject to enforcement action by
 3556  the department or a water management district based upon a
 3557  failure to implement the responsibilities set forth in sub
 3558  subparagraph g.
 3559         i. A landowner, discharger, or other responsible person who
 3560  is implementing applicable management strategies specified in an
 3561  adopted basin management action plan may not be required by
 3562  permit, enforcement action, or otherwise to implement additional
 3563  management strategies, including water quality credit trading,
 3564  to reduce pollutant loads to attain the pollutant reductions
 3565  established pursuant to subsection (6) and shall be deemed to be
 3566  in compliance with this section. This subparagraph does not
 3567  limit the authority of the department to amend a basin
 3568  management action plan as specified in subparagraph (a)6. (a)5.
 3569         (c) Best management practices.—
 3570         1. The department, in cooperation with the water management
 3571  districts and other interested parties, as appropriate, may
 3572  develop suitable interim measures, best management practices, or
 3573  other measures necessary to achieve the level of pollution
 3574  reduction established by the department for nonagricultural
 3575  nonpoint pollutant sources in allocations developed pursuant to
 3576  subsection (6) and this subsection. These practices and measures
 3577  may be adopted by rule by the department and the water
 3578  management districts and, where adopted by rule, shall be
 3579  implemented by those parties responsible for nonagricultural
 3580  nonpoint source pollution.
 3581         2. The Department of Agriculture and Consumer Services may
 3582  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 3583  suitable interim measures, best management practices, or other
 3584  measures necessary to achieve the level of pollution reduction
 3585  established by the department for agricultural pollutant sources
 3586  in allocations developed pursuant to subsection (6) and this
 3587  subsection or for programs implemented pursuant to paragraph
 3588  (12)(b). These practices and measures may be implemented by
 3589  those parties responsible for agricultural pollutant sources and
 3590  the department, the water management districts, and the
 3591  Department of Agriculture and Consumer Services shall assist
 3592  with implementation. In the process of developing and adopting
 3593  rules for interim measures, best management practices, or other
 3594  measures, the Department of Agriculture and Consumer Services
 3595  shall consult with the department, the Department of Health, the
 3596  water management districts, representatives from affected
 3597  farming groups, and environmental group representatives. Such
 3598  rules must also incorporate provisions for a notice of intent to
 3599  implement the practices and a system to assure the
 3600  implementation of the practices, including site inspection and
 3601  recordkeeping requirements.
 3602         3. Where interim measures, best management practices, or
 3603  other measures are adopted by rule, the effectiveness of such
 3604  practices in achieving the levels of pollution reduction
 3605  established in allocations developed by the department pursuant
 3606  to subsection (6) and this subsection or in programs implemented
 3607  pursuant to paragraph (12)(b) must be verified at representative
 3608  sites by the department. The department shall use best
 3609  professional judgment in making the initial verification that
 3610  the best management practices are reasonably expected to be
 3611  effective and, where applicable, must notify the appropriate
 3612  water management district or the Department of Agriculture and
 3613  Consumer Services of its initial verification before the
 3614  adoption of a rule proposed pursuant to this paragraph.
 3615  Implementation, in accordance with rules adopted under this
 3616  paragraph, of practices that have been initially verified to be
 3617  effective, or verified to be effective by monitoring at
 3618  representative sites, by the department, shall provide a
 3619  presumption of compliance with state water quality standards and
 3620  release from the provisions of s. 376.307(5) for those
 3621  pollutants addressed by the practices, and the department is not
 3622  authorized to institute proceedings against the owner of the
 3623  source of pollution to recover costs or damages associated with
 3624  the contamination of surface water or groundwater caused by
 3625  those pollutants. Research projects funded by the department, a
 3626  water management district, or the Department of Agriculture and
 3627  Consumer Services to develop or demonstrate interim measures or
 3628  best management practices shall be granted a presumption of
 3629  compliance with state water quality standards and a release from
 3630  the provisions of s. 376.307(5). The presumption of compliance
 3631  and release is limited to the research site and only for those
 3632  pollutants addressed by the interim measures or best management
 3633  practices. Eligibility for the presumption of compliance and
 3634  release is limited to research projects on sites where the owner
 3635  or operator of the research site and the department, a water
 3636  management district, or the Department of Agriculture and
 3637  Consumer Services have entered into a contract or other
 3638  agreement that, at a minimum, specifies the research objectives,
 3639  the cost-share responsibilities of the parties, and a schedule
 3640  that details the beginning and ending dates of the project.
 3641         4. Where water quality problems are demonstrated, despite
 3642  the appropriate implementation, operation, and maintenance of
 3643  best management practices and other measures required by rules
 3644  adopted under this paragraph, the department, a water management
 3645  district, or the Department of Agriculture and Consumer
 3646  Services, in consultation with the department, shall institute a
 3647  reevaluation of the best management practice or other measure.
 3648  Should the reevaluation determine that the best management
 3649  practice or other measure requires modification, the department,
 3650  a water management district, or the Department of Agriculture
 3651  and Consumer Services, as appropriate, shall revise the rule to
 3652  require implementation of the modified practice within a
 3653  reasonable time period as specified in the rule.
 3654         5. Agricultural records relating to processes or methods of
 3655  production, costs of production, profits, or other financial
 3656  information held by the Department of Agriculture and Consumer
 3657  Services pursuant to subparagraphs 3. and 4. or pursuant to any
 3658  rule adopted pursuant to subparagraph 2. are confidential and
 3659  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3660  Constitution. Upon request, records made confidential and exempt
 3661  pursuant to this subparagraph shall be released to the
 3662  department or any water management district provided that the
 3663  confidentiality specified by this subparagraph for such records
 3664  is maintained.
 3665         6. The provisions of subparagraphs 1. and 2. do not
 3666  preclude the department or water management district from
 3667  requiring compliance with water quality standards or with
 3668  current best management practice requirements set forth in any
 3669  applicable regulatory program authorized by law for the purpose
 3670  of protecting water quality. Additionally, subparagraphs 1. and
 3671  2. are applicable only to the extent that they do not conflict
 3672  with any rules adopted by the department that are necessary to
 3673  maintain a federally delegated or approved program.
 3674         (d)Enforcement and verification of basin management action
 3675  plans and management strategies.
 3676         1. Basin management action plans are enforceable pursuant
 3677  to this section and ss. 403.121, 403.141, and 403.161.
 3678  Management strategies, including best management practices and
 3679  water quality monitoring, are enforceable under this chapter.
 3680         2. No later than January 1, 2017:
 3681         a. The department, in consultation with the water
 3682  management districts and the Department of Agriculture and
 3683  Consumer Services, shall initiate rulemaking to adopt procedures
 3684  to verify implementation of water quality monitoring required in
 3685  lieu of implementation of best management practices or other
 3686  measures pursuant to s. 403.067(7)(b)2.g.;
 3687         b. The department, in consultation with the water
 3688  management districts and the Department of Agriculture and
 3689  Consumer Services, shall initiate rulemaking to adopt procedures
 3690  to verify implementation of nonagricultural interim measures,
 3691  best management practices, or other measures adopted by rule
 3692  pursuant to s. 403.067(7)(c)1.; and
 3693         c. The Department of Agriculture and Consumer Services, in
 3694  consultation with the water management districts and the
 3695  department, shall initiate rulemaking to adopt procedures to
 3696  verify implementation of agricultural interim measures, best
 3697  management practices, or other measures adopted by rule pursuant
 3698  to s. 403.067(7)(c)2.
 3699  
 3700  The rules required under this subparagraph shall include
 3701  enforcement procedures applicable to the landowner, discharger,
 3702  or other responsible person required to implement applicable
 3703  management strategies, including best management practices or
 3704  water quality monitoring as a result of noncompliance.
 3705         Section 34. Section 403.0675, Florida Statutes, is created
 3706  to read:
 3707         403.0675 Progress reports.—On or before July 1 of each
 3708  year, beginning in 2018:
 3709         (1)The department, in conjunction with the water
 3710  management districts, shall post on its website and submit
 3711  electronically an annual progress report to the Governor, the
 3712  President of the Senate, and the Speaker of the House of
 3713  Representatives on the status of each total maximum daily load,
 3714  basin management action plan, minimum flow or minimum water
 3715  level, and recovery or prevention strategy adopted pursuant to
 3716  s. 403.067 or parts I and VIII of chapter 373. The report must
 3717  include the status of each project identified to achieve a total
 3718  maximum daily load or an adopted minimum flow or minimum water
 3719  level, as applicable. If a report indicates that any of the 5
 3720  year, 10-year, or 15-year milestones, or the 20-year target
 3721  date, if applicable, for achieving a total maximum daily load or
 3722  a minimum flow or minimum water level will not be met, the
 3723  report must include an explanation of the possible causes and
 3724  potential solutions. If applicable, the report must include
 3725  project descriptions, estimated costs, proposed priority ranking
 3726  for project implementation, and funding needed to achieve the
 3727  total maximum daily load or the minimum flow or minimum water
 3728  level by the target date. Each water management district shall
 3729  post the department’s report on its website.
 3730         (2)The Department of Agriculture and Consumer Services
 3731  shall post on its website and submit electronically an annual
 3732  progress report to the Governor, the President of the Senate,
 3733  and the Speaker of the House of Representatives on the status of
 3734  the implementation of the agricultural nonpoint source best
 3735  management practices, including an implementation assurance
 3736  report summarizing survey responses and response rates, site
 3737  inspections, and other methods used to verify implementation of
 3738  and compliance with best management practices pursuant to basin
 3739  management action plans.
 3740         Section 35. Subsection (21) is added to section 403.861,
 3741  Florida Statutes, to read:
 3742         403.861 Department; powers and duties.—The department shall
 3743  have the power and the duty to carry out the provisions and
 3744  purposes of this act and, for this purpose, to:
 3745         (21)(a) Upon issuance of a construction permit to construct
 3746  a new public water system drinking water treatment facility to
 3747  provide potable water supply using a surface water that, at the
 3748  time of the permit application, is not being used as a potable
 3749  water supply, and the classification of which does not include
 3750  potable water supply as a designated use, the department shall
 3751  add treated potable water supply as a designated use of the
 3752  surface water segment in accordance with s. 403.061(29)(b).
 3753         (b) For existing public water system drinking water
 3754  treatment facilities that use a surface water as a treated
 3755  potable water supply, which surface water classification does
 3756  not include potable water supply as a designated use, the
 3757  department shall add treated potable water supply as a
 3758  designated use of the surface water segment in accordance with
 3759  s. 403.061(29)(b).
 3760         Section 36. Section 403.928, Florida Statutes, is created
 3761  to read:
 3762         403.928 Assessment of water resources and conservation
 3763  lands.—The Office of Economic and Demographic Research shall
 3764  conduct an annual assessment of Florida’s water resources and
 3765  conservation lands.
 3766         (1) WATER RESOURCES.—The assessment must include all of the
 3767  following:
 3768         (a) Historical and current expenditures and projections of
 3769  future expenditures by federal, state, regional, and local
 3770  governments and public and private utilities based upon
 3771  historical trends and ongoing projects or initiatives associated
 3772  with:
 3773         1. Water supply and demand; and
 3774         2. Water quality protection and restoration.
 3775         (b) An analysis and estimates of future expenditures by
 3776  federal, state, regional, and local governments and public and
 3777  private utilities necessary to comply with federal and state
 3778  laws and regulations governing subparagraphs (a)1. and (a)2. The
 3779  analysis and estimates must address future expenditures by
 3780  federal, state, regional, and local governments and all public
 3781  and private utilities necessary to achieve the legislature’s
 3782  intent that sufficient water be available for all existing and
 3783  future reasonable-beneficial uses and the natural systems, and
 3784  that adverse effects of competition for water supplies be
 3785  avoided. The assessment must include a compilation of projected
 3786  water supply and demand data developed by each water management
 3787  district pursuant to ss. 373.036 and 373.709, with notations
 3788  regarding any significant differences between the methods used
 3789  by the districts to calculate the data.
 3790         (c) Forecasts of federal, state, regional, and local
 3791  government revenues dedicated in current law for the purposes
 3792  specified in subparagraphs (a)1. and (a)2. or that have been
 3793  historically allocated for these purposes, as well as public and
 3794  private utility revenues.
 3795         (d) An identification of gaps between projected revenues
 3796  and projected and estimated expenditures.
 3797         (2) CONSERVATION LANDS.—The assessment must include all of
 3798  the following:
 3799         (a) Historical and current expenditures and projections of
 3800  future expenditures by federal, state, regional, and local
 3801  governments based upon historical trends and ongoing projects or
 3802  initiatives associated with real property interests eligible for
 3803  funding under s. 259.105.
 3804         (b) An analysis and estimates of future expenditures by
 3805  federal, state, regional, and local governments necessary to
 3806  purchase lands identified in plans set forth by state agencies
 3807  or water management districts.
 3808         (c) An analysis of the ad valorem tax impacts, by county,
 3809  resulting from public ownership of conservation lands.
 3810         (d) Forecasts of federal, state, regional, and local
 3811  government revenues dedicated in current law to maintain
 3812  conservation lands and the gap between projected expenditures
 3813  and revenues.
 3814         (e) The total percentage of Florida real property that is
 3815  publicly owned for conservation purposes.
 3816         (f) A comparison of the cost of acquiring and maintaining
 3817  conservation lands under fee simple or less than fee simple
 3818  ownership.
 3819         (3) The assessment shall include analyses on a statewide,
 3820  regional, or geographic basis, as appropriate, and shall
 3821  identify analytical challenges in assessing information across
 3822  the different regions of the state.
 3823         (4) The assessment must identify any overlap in the
 3824  expenditures for water resources and conservation lands.
 3825         (5) The water management districts, the Department of
 3826  Environmental Protection, the Department of Agriculture and
 3827  Consumer Services, the Fish and Wildlife Conservation
 3828  Commission, counties, municipalities, and special districts
 3829  shall provide assistance to the Office of Economic and
 3830  Demographic Research related to their respective areas of
 3831  expertise.
 3832         (6) The Office of Economic and Demographic Research must be
 3833  given access to any data held by an agency as defined in s.
 3834  112.312 if the Office of Economic and Demographic Research
 3835  considers the data necessary to complete the assessment,
 3836  including any confidential data.
 3837         (7) The assessment shall be submitted to the President of
 3838  the Senate and the Speaker of the House of Representatives by
 3839  January 1, 2017, and by January 1 of each year thereafter.
 3840         Section 37. (1) The Department of Environmental Protection
 3841  shall evaluate the feasibility and cost of creating and
 3842  maintaining a web-based, interactive map that includes, at a
 3843  minimum:
 3844         (a) All watersheds and each water body within those
 3845  watersheds;
 3846         (b) The county or counties in which the watershed or water
 3847  body is located;
 3848         (c) The water management district or districts in which the
 3849  watershed or water body is located;
 3850         (d) Whether, if applicable, a minimum flow or minimum water
 3851  level has been adopted for the water body and if such minimum
 3852  flow or minimum water level has not been adopted, the
 3853  anticipated adoption date;
 3854         (e) Whether, if applicable, a recovery or prevention
 3855  strategy has been adopted for the watershed or water body and,
 3856  if such a plan has not been adopted, the anticipated adoption
 3857  date;
 3858         (f) The impairment status of each water body;
 3859         (g) Whether, if applicable, a total maximum daily load has
 3860  been adopted if the water body is listed as impaired and, if
 3861  such total maximum daily load has not been adopted, the
 3862  anticipated adoption date;
 3863         (h) Whether, if applicable, a basin management action plan
 3864  has been adopted for the watershed and, if such a plan has not
 3865  been adopted, the anticipated adoption date;
 3866         (i) Each project listed on the 5-year water resource
 3867  development work program developed pursuant to s.
 3868  373.536(6)(a)4.;
 3869         (j) The agency or agencies and local sponsor, if any,
 3870  responsible for overseeing the project;
 3871         (k) The total or estimated cost and completion date of each
 3872  project and the financial contribution of each entity;
 3873         (l) The estimated quantitative benefit to the watershed or
 3874  water body; and
 3875         (m) The water projects completed within the last 5 years
 3876  within the watershed or water body.
 3877         (2) On or before January 1, 2017, the department must
 3878  submit a report containing the findings on the feasibility study
 3879  to the President of the Senate and the Speaker of the House of
 3880  Representatives.
 3881         Section 38. The Legislature finds that a proper and
 3882  legitimate state purpose is served when protecting the
 3883  environmental resources of this state. Therefore, the
 3884  Legislature determines and declares that this act fulfills an
 3885  important state interest.
 3886         Section 39. This act shall take effect July 1, 2016.