HB 1405 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Natural Resources recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to water management districts; amending s.
12	373.0693, F.S.; authorizing basin board boundaries within
13	the Southwest Florida Water Management District to be
14	amended by governing board resolution; amending s.
15	373.451, F.S.; revising legislative intent with respect to
16	the Surface Water Improvement and Management Act; deleting
17	requirement that state and local funds be provided for
18	certain purposes; amending s. 373.453, F.S.; revising
19	criteria to be applied in determining the priority of
20	water bodies under surface water and management plans and
21	programs; providing that the South Florida Water
22	Management District shall give priority to the restoration
23	needs of the Lake Worth Lagoon; providing for periodic
24	lists of water bodies of regional or statewide
25	significance; authorizing participation by additional
26	persons in the development of plans and programs; deleting
27	certain reporting requirements; requiring identification
28	of potential funding sources for the plans and programs;
29	requiring review of plans developed by water management
30	districts by various state agencies within a specified
31	time; deleting the requirement that state agencies be on
32	certain advisory committees; authorizing water management
33	districts to enter into contracts with governmental
34	agencies regarding the development and implementation of
35	water improvement and management programs; amending s.
36	373.459, F.S.; providing for appropriation of funds for
37	surface water improvement and management activities by
38	water management districts; providing for release of funds
39	by the Department of Environmental Protection; repealing
40	s. 373.455, F.S., relating to review of surface water
41	improvement and management plans; repealing s. 373.456,
42	F.S., relating to approval of surface water improvement
43	and management plans; repealing s. 373.457, F.S., relating
44	to implementation of surface water improvement and
45	management plans and programs; amending ss. 259.101,
46	373.4136, 403.067, and 403.1835, F.S.; deleting cross
47	references; providing an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1. Subsection (11) of section 373.0693, Florida
52	Statutes, is amended to read:
53	373.0693 Basins; basin boards.--
54	(11)(a) Basins existing within the Southwest Florida Water
55	Management District, as described in rule 40D-0.061, Florida
56	Administrative Code, may not be abolished or combined without
57	the approval of the Legislature, except that the entire area
58	lying to the East of the Hillsborough County line and presently
59	located within the Hillsborough Basin is hereby annexed into the
60	Peace River Basin. Within the Southwest Florida Water Management
61	District, the entire area lying to the East of the Hillsborough
62	County line and presently located within the Alafia Basin is
63	hereby annexed into the Peace River Basin.
64	(b) Assets or liabilities of the basin located in those
65	areas transferred from the Hillsborough and Alafia Basins into
66	the Peace River Basin pursuant to this section, including funds
67	held in trust, shall be transferred to the Peace River Basin.
68	Section 2. Subsections (5), (7), and (8) of section
69	373.451, Florida Statutes, are amended to read:
70	373.451 Short title; legislative findings and intent.--
71	(5) The Legislature finds that manysurface water problems
72	can be and have beencorrected and prevented through plans and
73	programs for surface water improvement and management that are
74	developedplanned, designed,and implemented by the water
75	management districts, the department,and local governments.
76	(7) It is also the intent of the Legislature that the
77	department, the water management districts, and othersshall
78	conduct or coordinate statewide research by the water management
79	districts or othersto provide a better scientific understanding
80	of the causes and effects of surface water pollution and of the
81	destruction of natural systems in order to improve and manage
82	surface waters and associated natural systems.
83	(8) The state, through the department, shall provide funds
84	to assist with the implementation of the district plans and
85	programs under this act. However, to achieve the goals of this
86	act, cooperation and funding is necessary from the state, the
87	water management districts, and local governments.
88	Section 3. Section 373.453, Florida Statutes, is amended
89	to read:
90	373.453 Surface water improvement and management plans and
91	programs.--
92	(1)(a) Each water management district, in cooperation with
93	the department, the Department of Agriculture and Consumer
94	Services, the Department of Community Affairs, the Fish and
95	Wildlife Conservation Commission, and local governments, and
96	others, shall prepare and maintain a list that prioritizeswhich
97	shall prioritizewater bodies of regional or statewide
98	significance within theeachwater management district. The list
99	shall be reviewed and updated every 53 years. The list shall be
100	based on criteria adopted by rule of the department and shall
101	assign priorities to the water bodies based on their need for
102	protection and restoration.
103	(b) Criteria to be used in developing the listsdeveloped
104	by the department shall include, but neednot be limited to,
105	consideration of violations of water quality standards occurring
106	in the water body, the amounts of nutrients entering the water
107	body and the water body's trophic state, water bodies on the
108	department’s list of impaired waters, water bodies with
109	established total maximum daily loads,the existence of or need
110	for a continuous aquatic weed control program in the water body,
111	the biological condition of the water body, reduced fish and
112	wildlife values, andthreats to agricultural and urban water
113	supplies, threats toand public recreational opportunities, the
114	management of the water body through federal, state, or local
115	water quality programs or plans, and public input.
116	(c) In maintainingdeveloping their respective priority
117	water bodylists, water management districts shall give
118	consideration to the following priority areas:
119	1. The South Florida Water Management District shall give
120	priority to the restoration needs of Lake Okeechobee, Biscayne
121	Bay, the Lake Worth Lagoon,and the Indian River Lagoon system
122	and their tributaries.
123	2. The Southwest Florida Water Management District shall
124	give priority to the restoration needs of Tampa Bay and its
125	tributaries.
126	3. The St. Johns River Water Management District shall
127	give priority to the restoration needs of Lake Apopka, the Lower
128	St. Johns River, and the Indian River Lagoon system and their
129	tributaries.
130	(2) Unless otherwise provided by lawOnce the priority
131	lists are approved by the department, the water management
132	districts, in cooperation with state agencies,the department,
133	the Fish and Wildlife Conservation Commission, the Department of
134	Community Affairs, the Department of Agriculture and Consumer
135	Services, and local governments, and others, mayshalldevelop
136	surface water improvement and management plans and programsfor
137	the water bodies identifiedbased on the priority lists. The
138	department shall establish a uniform format for such plans and a
139	schedule for reviewing and updating the plans. These Plans
140	developed pursuant to this subsectionshall include, but not be
141	limited to:
142	(a) A description of the water body system, its historical
143	and current uses, its hydrology, and a history ofthe conditions
144	which have led to the need for restoration or protection;
145	(b) An identification of all governmental units that have
146	jurisdiction over the water body and its drainage basin within
147	the approved surface water improvement and management plan area,
148	including local, regional, state, and federal units;
149	(c) A description of land uses within the drainage basin
150	of the priority water bodywithin the approved surface water
151	improvement and management plan areaand those of important
152	tributaries, point and nonpoint sources of pollution, and
153	permitted discharge activities;
154	(d) IdentificationA list of the ownersof point and
155	nonpoint sources of water pollution that are discharged into the
156	each water body and its important tributariestributary thereto
157	and that adversely affect the public interest, including
158	separate lists of those sources that are:
159	1. Operating without a permit;
160	2. Operating with a temporary operating permit; and
161	3. Presently violating effluent limits or water quality
162	standards.
163
164	The plan shall also include recommendations and schedules for
165	bringing all sources into compliance with state standards when
166	not contrary to the public interest. This paragraph does not
167	authorize any existing or future violation of any applicable
168	statute, regulation, or permit requirement, and does not
169	diminish the authority of the department or the water management
170	district;
171	(e) A description of strategies and a schedule for related
172	management actionspotential strategiesfor restoring or
173	protecting the water body to Class III or better, including
174	those needed to help achieve state-adopted total maximum daily
175	loads for the water body;
176	(f) A listing of studies that are being or have been
177	prepared for the water body;
178	(g) A description of the research and feasibility studies
179	which will be performed to determine the particular strategy or
180	strategies to restore or protect the water body;
181	(f)(h) A description of the management actionsmeasures
182	needed to manage andmaintain the water body once it has been
183	restored and to prevent future degradation; and
184	(i) A schedule for restoration and protection of the water
185	body; and
186	(g)(j)An estimate of the funding needed to carry out the
187	restoration or protection strategies and a listing of available
188	and potential funding sources and amounts.
189	(3) Each water management district shall be responsible
190	for planning and coordinating restoration or protection
191	strategies for the priority water bodies within the district
192	which have been approved by the department as water bodies of
193	regional and statewide significance in need of protection or
194	restoration.The governing board of the appropriate water
195	management district shall hold at least one public hearing and
196	public workshopworkshops in the vicinity of a prioritythe
197	water body for which a plan is being developed to obtainunder
198	consideration as may be necessary for obtainingpublic input
199	prior to finalizing the surface water improvement and management
200	planplans for the water bodybodies on the priority list. The
201	water management district shall then forward a copy of the plan
202	plans to the department, the Fish and Wildlife Conservation
203	Commission, the Department of Agriculture and Consumer Services,
204	and to appropriate local governmental units for their review and
205	comment within 45 calendar days after the date the plan is
206	forwarded to them. The department shall specifically comment on
207	the likelihood that implementing the plan will significantly
208	improve or protect water quality and associated natural systems.
209	At the end of the 45-day review period, the water management
210	district may proceed to approve the plan, whether or not
211	comments have been submitted.
212	(4) Plans shall be updated as necessary to ensure that
213	they effectively address the restoration and protection needs of
214	the priority water bodies and that they reflect current
215	scientific understandings and budgetary adjustments. If a
216	district determines that modifications of or additions to a plan
217	are necessary, such modifications or additions shall be subject
218	to the review process established in this section.Each
219	September 1, the water management districts shall submit a
220	funding proposal for the next state fiscal year to the
221	department for its review and approval. The proposal shall
222	specify the activities that need state funding and the amounts
223	of funding, and shall describe the specific restoration or
224	protection activities proposed. The department shall review
225	water management district funding proposals and shall consider
226	them in making its annual budget request.
227	(5) The governing board of each water management district
228	is encouraged to appoint advisory committees as necessary to
229	assist in formulating and evaluating strategies for water body
230	protection and restoration activities and to increase public
231	awareness and intergovernmental cooperation. Such committees
232	should include representatives of the Fish and Wildlife
233	Conservation Commission, the Department of Agriculture and
234	Consumer Services, appropriate local governments, state and
235	federal agencies, existing advisory councils for the priority
236	subjectwater body, and representatives of the public who use
237	the water body.
238	(6) The water management districts may contract with
239	appropriate state, local, and regional agencies and others to
240	perform various tasks associated with the development and
241	implementation of thesurface water improvement and management
242	plans and programs.
243	Section 4. Section 373.459, Florida Statutes, is amended
244	to read:
245	373.459 Funds for surface water improvement and
246	management.--
247	(1) Legislative appropriations provided to the water
248	management districts for surface water improvement and
249	management activities shall be available for detailed planning
250	and plan and program implementation.
251	(2)(1)The Ecosystem Management and Restoration Trust Fund
252	shall be used for the deposit of funds appropriated by the
253	Legislature for the purposes of ss. 373.451-373.4595. The
254	department shall administer all funds appropriated to or
255	received for surface water improvement and management
256	activities. Expenditure of the moneys shall be limited to the
257	costs of detailed planning for and plan and program
258	implementation of programs prepared for priority surface water
259	bodieswaters. Moneys from the fund shall not be expended for
260	planning for, or construction or expansion of, treatment
261	facilities for domestic or industrial waste disposal.
262	(3)(2) The secretary of thedepartment shall authorize the
263	release of money from the fund in accordance with the provisions
264	of s. 373.501(2) and procedures in s. 373.59(4) and (5)within
265	30 days after receipt of a request adopted by the governing
266	board of a water management district or by the executive
267	director when authority has been delegated by the governing
268	board, certifying that the money is needed for detailed planning
269	for or implementation of plans approved pursuant to ss. 373.453,
270	373.455, and 373.456. A water management district may not
271	receive more than 50 percent of the moneys appropriated to the
272	fund for the purposes of ss. 373.451-373.4595 in any fiscal year
273	unless otherwise provided for by law. Each year after funds are
274	appropriated, each water management district shall receive the
275	amount requested pursuant to s. 373.453(4) or 10 percent of the
276	money appropriated for the purposes of ss. 373.451-373.4595,
277	whichever is less. The department shall allocate the remaining
278	money in the appropriation for such purposes annually, based
279	upon the specific needs of the districts. The department, at its
280	discretion, may include any funds allocated to a district for
281	such purposes in previous years which remain unencumbered by the
282	district on July 1, to the amount of money to be distributed
283	based upon specific needs of the districts.
284	(3) The amount of money that may be released to a water
285	management district from the fund for approved plans, or
286	continuations of approved plans, to improve and manage the
287	surface waters described in ss. 373.451-373.4595 is limited to
288	not more than 60 percent of the amount of money necessary for
289	the approved plans of the South Florida Water Management
290	District, the Southwest Florida Water Management District, and
291	the St. Johns River Water Management District, and not more than
292	80 percent of the amount of money necessary for the approved
293	plans of the Northwest Florida Water Management District and the
294	Suwannee River Water Management District. The remaining funds
295	necessary for the approved plans shall be provided by the
296	district.
297	(4) Moneys in the fund thatwhichare not needed to meet
298	current obligations incurred under this section shall be
299	transferred to the State Board of Administration, to the credit
300	of the trust fund, to be invested in the manner provided by law.
301	Interest received on such investments shall be credited to the
302	trust fund.
303	Section 5. Sections 373.455, 373.456, and 373.457, Florida
304	Statutes, are repealed.
305	Section 6. Paragraph (b) of subsection (3) of section
306	259.101, Florida Statutes, is amended to read:
307	259.101 Florida Preservation 2000 Act.--
308	(3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
309	costs of issuance, the costs of funding reserve accounts, and
310	other costs with respect to the bonds, the proceeds of bonds
311	issued pursuant to this act shall be deposited into the Florida
312	Preservation 2000 Trust Fund created by s. 375.045. In fiscal
313	year 2000-2001, for each Florida Preservation 2000 program
314	described in paragraphs (a)-(g), that portion of each program's
315	total remaining cash balance which, as of June 30, 2000, is in
316	excess of that program's total remaining appropriation balances
317	shall be redistributed by the department and deposited into the
318	Save Our Everglades Trust Fund for land acquisition. For
319	purposes of calculating the total remaining cash balances for
320	this redistribution, the Florida Preservation 2000 Series 2000
321	bond proceeds, including interest thereon, and the fiscal year
322	1999-2000 General Appropriations Act amounts shall be deducted
323	from the remaining cash and appropriation balances,
324	respectively. The remaining proceeds shall be distributed by the
325	Department of Environmental Protection in the following manner:
326	(b) Thirty percent to the Department of Environmental
327	Protection for the purchase of water management lands pursuant
328	to s. 373.59, to be distributed among the water management
329	districts as provided in that section. Funds received by each
330	district may also be used for acquisition of lands necessary to
331	implement surface water improvement and management plans
332	approved in accordance with s. 373.456or for acquisition of
333	lands necessary to implement the Everglades Construction Project
334	authorized by s. 373.4592.
335
336	Local governments may use federal grants or loans, private
337	donations, or environmental mitigation funds, including
338	environmental mitigation funds required pursuant to s. 338.250,
339	for any part or all of any local match required for the purposes
340	described in this subsection. Bond proceeds allocated pursuant
341	to paragraph (c) may be used to purchase lands on the priority
342	lists developed pursuant to s. 259.035. Title to lands purchased
343	pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
344	vested in the Board of Trustees of the Internal Improvement
345	Trust Fund. Title to lands purchased pursuant to paragraph (c)
346	may be vested in the Board of Trustees of the Internal
347	Improvement Trust Fund. The board of trustees shall hold title
348	to land protection agreements and conservation easements that
349	were or will be acquired pursuant to s. 380.0677, and the
350	Southwest Florida Water Management District and the St. Johns
351	River Water Management District shall monitor such agreements
352	and easements within their respective districts until the state
353	assumes this responsibility.
354	Section 7. Paragraph (a) of subsection (6) of section
355	373.4136, Florida Statutes, is amended to read:
356	373.4136 Establishment and operation of mitigation
357	banks.--
358	(6) MITIGATION SERVICE AREA.--The department or water
359	management district shall establish a mitigation service area
360	for each mitigation bank permit. The department or water
361	management district shall notify and consider comments received
362	on the proposed mitigation service area from each local
363	government within the proposed mitigation service area. Except
364	as provided herein, mitigation credits may be withdrawn and used
365	only to offset adverse impacts in the mitigation service area.
366	The boundaries of the mitigation service area shall depend upon
367	the geographic area where the mitigation bank could reasonably
368	be expected to offset adverse impacts. Mitigation service areas
369	may overlap, and mitigation service areas for two or more
370	mitigation banks may be approved for a regional watershed.
371	(a) In determining the boundaries of the mitigation
372	service area, the department or the water management district
373	shall consider the characteristics, size, and location of the
374	mitigation bank and, at a minimum, the extent to which the
375	mitigation bank:
376	1. Contributes to a regional integrated ecological
377	network;
378	2. Will significantly enhance the water quality or
379	restoration of an offsite receiving water body that is
380	designated as an Outstanding Florida Water, a Wild and Scenic
381	River, an aquatic preserve, a water body designated in a plan
382	approvedadopted pursuant to s. 373.456 ofthe Surface Water
383	Improvement and Management Act, or a nationally designated
384	estuarine preserve;
385	3. Will provide for the long-term viability of endangered
386	or threatened species or species of special concern;
387	4. Is consistent with the objectives of a regional
388	management plan adopted or endorsed by the department or water
389	management districts; and
390	5. Can reasonably be expected to offset specific types of
391	wetland impacts within a specific geographic area. A mitigation
392	bank need not be able to offset all expected impacts within its
393	service area.
394	Section 8. Paragraph (b) of subsection (3) and paragraph
395	(a) of subsection (7) of section 403.067, Florida Statutes, are
396	amended to read:
397	403.067 Establishment and implementation of total maximum
398	daily loads.--
399	(3) ASSESSMENT.--
400	(b) The department shall adopt by rule a methodology for
401	determining those waters which are impaired. The rule shall
402	provide for consideration as to whether water quality standards
403	codified in chapter 62-302, Florida Administrative Code, are
404	being exceeded, based on objective and credible data, studies
405	and reports, including surface water improvement and management
406	plans approved by water management districts under s. 373.456
407	and pollutant load reduction goals developed according to
408	department rule. Such rule also shall set forth:
409	1. Water quality sample collection and analysis
410	requirements, accounting for ambient background conditions,
411	seasonal and other natural variations;
412	2. Approved methodologies;
413	3. Quality assurance and quality control protocols;
414	4. Data modeling; and
415	5. Other appropriate water quality assessment measures.
416	(7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
417	(a) The department shall be the lead agency in
418	coordinating the implementation of the total maximum daily loads
419	through water quality protection programs. Application of a
420	total maximum daily load by a water management district shall be
421	consistent with this section and shall not require the issuance
422	of an order or a separate action pursuant to s. 120.536(1) or s.
423	120.54 for adoption of the calculation and allocation previously
424	established by the department. Such programs may include, but
425	are not limited to:
426	1. Permitting and other existing regulatory programs;
427	2. Nonregulatory and incentive-based programs, including
428	best management practices, cost sharing, waste minimization,
429	pollution prevention, and public education;
430	3. Other water quality management and restoration
431	activities, for example surface water improvement and management
432	plans approved by water management districts under s. 373.456or
433	watershed or basin management plans developed pursuant to this
434	subsection;
435	4. Pollutant trading or other equitable economically based
436	agreements;
437	5. Public works including capital facilities; or
438	6. Land acquisition.
439	Section 9. Paragraph (e) of subsection (7) of section
440	403.1835, Florida Statutes, is amended to read:
441	403.1835 Water pollution control financial assistance.--
442	(7) Eligible projects must be given priority according to
443	the extent each project is intended to remove, mitigate, or
444	prevent adverse effects on surface or ground water quality and
445	public health. The relative costs of achieving environmental and
446	public health benefits must be taken into consideration during
447	the department's assignment of project priorities. The
448	department shall adopt a priority system by rule. In developing
449	the priority system, the department shall give priority to
450	projects that:
451	(e) Assist in the implementation of surface water
452	improvement and management plans approved under s. 373.456and
453	pollutant load reduction goals developed under state water
454	policy;
455	Section 10. This act shall take effect upon becoming a
456	law.
457