HB 1405, Engrossed 1 2003
   
1          An act relating to water policy; repealing s.
2    373.0693(11), F.S.; deleting a provision requiring
3    legislative approval to abolish or combine basins existing
4    within the Southwest Florida Water Management District;
5    amending s. 373.0693, F.S.; authorizing basin board
6    boundaries within the Southwest Florida Water Management
7    District to be amended by governing board resolution;
8    amending s. 373.451, F.S.; revising legislative intent
9    with respect to the Surface Water Improvement and
10    Management Act; deleting requirement that state and local
11    funds be provided for certain purposes; amending s.
12    373.453, F.S.; revising criteria to be applied in
13    determining the priority of water bodies under surface
14    water and management plans and programs; providing for
15    periodic lists of water bodies of regional or statewide
16    significance; authorizing participation by additional
17    persons in the development of plans and programs; deleting
18    certain reporting requirements; requiring identification
19    of potential funding sources for the plans and programs;
20    requiring review of plans developed by water management
21    districts by various state agencies within a specified
22    time; deleting the requirement that state agencies be on
23    certain advisory committees; authorizing water management
24    districts to enter into contracts with governmental
25    agencies regarding the development and implementation of
26    water improvement and management programs; amending s.
27    373.459, F.S.; providing for appropriation of funds for
28    surface water improvement and management activities by
29    water management districts; providing for release of funds
30    by the Department of Environmental Protection; repealing
31    s. 373.455, F.S., relating to review of surface water
32    improvement and management plans; repealing s. 373.456,
33    F.S., relating to approval of surface water improvement
34    and management plans; repealing s. 373.457, F.S., relating
35    to implementation of surface water improvement and
36    management plans and programs; amending s. 373.079, F.S.;
37    relating to the hiring of legal staff in the water
38    management districts; amending ss. 259.101, 373.4136,
39    403.067, and 403.1835, F.S.; deleting cross references;
40    amending s. 373.2295, F.S.; redefining the term
41    “interdistrict transfer and use” to exclude transfers of
42    water within a single county; providing for criteria for
43    the issuance of permits for transfer of water from one
44    water management district to another within a single
45    county; validating and providing continued effect of
46    agreements between water management districts which were
47    entered into before the effective date of the act;
48    amending s. 373.069, F.S.; revising boundaries of the St.
49    Johns River and Southwest Florida Water Management
50    Districts; amending s. 373.0691, F.S.; providing for the
51    transfer of land and other incidentals from the St. Johns
52    River Water Management District to the Southwest Florida
53    Water Management District; amending s. 403.1837, F.S.;
54    removing the cap on the issuance of bonds by the Florida
55    Water Pollution Control Financing Corporation; deleting
56    obsolete language; providing an effective date.
57         
58          Be It Enacted by the Legislature of the State of Florida:
59         
60          Section 1. Subsection (11) of section 373.0693, Florida
61    Statutes, is amended to read:
62          373.0693 Basins; basin boards.--
63          (11)(a) Basins existing within the Southwest Florida Water
64    Management District, as described in rule 40D-0.061, Florida
65    Administrative Code, may not be abolished or combined without
66    the approval of the Legislature, except that the entire area
67    lying to the East of the Hillsborough County line and presently
68    located within the Hillsborough Basin is hereby annexed into the
69    Peace River Basin. Within the Southwest Florida Water Management
70    District, the entire area lying to the East of the Hillsborough
71    County line and presently located within the Alafia Basin is
72    hereby annexed into the Peace River Basin.
73          (b) Assets or liabilities of the basin located in those
74    areas transferred from the Hillsborough and Alafia Basins into
75    the Peace River Basin pursuant to this section, including funds
76    held in trust, shall be transferred to the Peace River Basin.
77          Section 2. Subsections (5), (7), and (8) of section
78    373.451, Florida Statutes, are amended to read:
79          373.451 Short title; legislative findings and intent.--
80          (5) The Legislature finds that manysurface water problems
81    can be and have beencorrected and prevented through plans and
82    programs for surface water improvement and management that are
83    developedplanned, designed,and implemented by the water
84    management districts, the department,and local governments.
85          (7) It is also the intent of the Legislature that the
86    department, the water management districts, and othersshall
87    conduct or coordinate statewide research by the water management
88    districts or othersto provide a better scientific understanding
89    of the causes and effects of surface water pollution and of the
90    destruction of natural systems in order to improve and manage
91    surface waters and associated natural systems.
92          (8) The state, through the department, shall provide funds
93    to assist with the implementation of the district plans and
94    programs under this act. However, to achieve the goals of this
95    act, cooperation and funding is necessary from the state, the
96    water management districts, and local governments.
97          Section 3. Section 373.453, Florida Statutes, is amended
98    to read:
99          373.453 Surface water improvement and management plans and
100    programs.--
101          (1)(a) Each water management district, in cooperation with
102    the department, the Department of Agriculture and Consumer
103    Services, the Department of Community Affairs, the Fish and
104    Wildlife Conservation Commission, and local governments, and
105    others, shall prepare and maintain a list that prioritizeswhich
106    shall prioritizewater bodies of regional or statewide
107    significance within theeachwater management district. The list
108    shall be reviewed and updated every 53 years. The list shall be
109    based on criteria adopted by rule of the department and shall
110    assign priorities to the water bodies based on their need for
111    protection and restoration.
112          (b) Criteria to be used in developing the listsdeveloped
113    by the department shall include, but neednot be limited to,
114    consideration of violations of water quality standards occurring
115    in the water body, the amounts of nutrients entering the water
116    body and the water body's trophic state, water bodies on the
117    department’s list of impaired waters, water bodies with
118    established total maximum daily loads,the existence of or need
119    for a continuous aquatic weed control program in the water body,
120    the biological condition of the water body, reduced fish and
121    wildlife values, andthreats to agricultural and urban water
122    supplies, threats toand public recreational opportunities, the
123    management of the water body through federal, state, or local
124    water quality programs or plans, and public input.
125          (c) In maintainingdeveloping their respective priority
126    water bodylists, water management districts shall give
127    consideration to the following priority areas:
128          1. The South Florida Water Management District shall give
129    priority to the restoration needs of Lake Okeechobee, Biscayne
130    Bay, the Lake Worth Lagoon,and the Indian River Lagoon system
131    and their tributaries.
132          2. The Southwest Florida Water Management District shall
133    give priority to the restoration needs of Tampa Bay and its
134    tributaries.
135          3. The St. Johns River Water Management District shall
136    give priority to the restoration needs of Lake Apopka, the Lower
137    St. Johns River, and the Indian River Lagoon system and their
138    tributaries.
139          (2) Unless otherwise provided by lawOnce the priority
140    lists are approved by the department, the water management
141    districts, in cooperation with state agencies,the department,
142    the Fish and Wildlife Conservation Commission, the Department of
143    Community Affairs, the Department of Agriculture and Consumer
144    Services, and local governments, and others, mayshalldevelop
145    surface water improvement and management plans and programsfor
146    the water bodies identifiedbased on the priority lists. The
147    department shall establish a uniform format for such plans and a
148    schedule for reviewing and updating the plans. These Plans
149    developed pursuant to this subsectionshall include, but not be
150    limited to:
151          (a) A description of the water body system, its historical
152    and current uses, its hydrology, and a history ofthe conditions
153    which have led to the need for restoration or protection;
154          (b) An identification of all governmental units that have
155    jurisdiction over the water body and its drainage basin within
156    the approved surface water improvement and management plan area,
157    including local, regional, state, and federal units;
158          (c) A description of land uses within the drainage basin
159    of the priority water bodywithin the approved surface water
160    improvement and management plan areaand those of important
161    tributaries, point and nonpoint sources of pollution, and
162    permitted discharge activities;
163          (d) IdentificationA list of the ownersof point and
164    nonpoint sources of water pollution that are discharged into the
165    each water body and its important tributariestributary thereto
166    and that adversely affect the public interest, including
167    separate lists of those sources that are:
168          1. Operating without a permit;
169          2. Operating with a temporary operating permit; and
170          3. Presently violating effluent limits or water quality
171    standards.
172         
173          The plan shall also include recommendations and schedules for
174    bringing all sources into compliance with state standards when
175    not contrary to the public interest. This paragraph does not
176    authorize any existing or future violation of any applicable
177    statute, regulation, or permit requirement, and does not
178    diminish the authority of the department or the water management
179    district;
180          (e) A description of strategies and a schedule for related
181    management actionspotential strategiesfor restoring or
182    protecting the water body to Class III or better, including
183    those needed to help achieve state-adopted total maximum daily
184    loads for the water body;
185          (f) A listing of studies that are being or have been
186    prepared for the water body;
187          (g) A description of the research and feasibility studies
188    which will be performed to determine the particular strategy or
189    strategies to restore or protect the water body;
190          (f)(h) A description of the management actionsmeasures
191    needed to manage andmaintain the water body once it has been
192    restored and to prevent future degradation; and
193          (i) A schedule for restoration and protection of the water
194    body; and
195          (g)(j)An estimate of the funding needed to carry out the
196    restoration or protection strategies and a listing of available
197    and potential funding sources and amounts.
198          (3) Each water management district shall be responsible
199    for planning and coordinating restoration or protection
200    strategies for the priority water bodies within the district
201    which have been approved by the department as water bodies of
202    regional and statewide significance in need of protection or
203    restoration.The governing board of the appropriate water
204    management district shall hold at least one public hearing and
205    public workshopworkshops in the vicinity of a prioritythe
206    water body for which a plan is being developed to obtainunder
207    consideration as may be necessary for obtainingpublic input
208    prior to finalizing the surface water improvement and management
209    planplans for the water bodybodies on the priority list. The
210    water management district shall then forward a copy of the plan
211    plans to the department, the Fish and Wildlife Conservation
212    Commission, the Department of Agriculture and Consumer Services,
213    and to appropriate local governmental units for their review and
214    comment within 45 calendar days after the date the plan is
215    forwarded to them. The department shall specifically comment on
216    the likelihood that implementing the plan will significantly
217    improve or protect water quality and associated natural systems.
218    At the end of the 45-day review period, the water management
219    district may proceed to approve the plan, whether or not
220    comments have been submitted.
221          (4) Plans shall be updated as necessary to ensure that
222    they effectively address the restoration and protection needs of
223    the priority water bodies and that they reflect current
224    scientific understandings and budgetary adjustments. If a
225    district determines that modifications of or additions to a plan
226    are necessary, such modifications or additions shall be subject
227    to the review process established in this section.Each
228    September 1, the water management districts shall submit a
229    funding proposal for the next state fiscal year to the
230    department for its review and approval. The proposal shall
231    specify the activities that need state funding and the amounts
232    of funding, and shall describe the specific restoration or
233    protection activities proposed. The department shall review
234    water management district funding proposals and shall consider
235    them in making its annual budget request.
236          (5) The governing board of each water management district
237    is encouraged to appoint advisory committees as necessary to
238    assist in formulating and evaluating strategies for water body
239    protection and restoration activities and to increase public
240    awareness and intergovernmental cooperation. Such committees
241    should include representatives of the Fish and Wildlife
242    Conservation Commission, the Department of Agriculture and
243    Consumer Services, appropriate local governments, state and
244    federal agencies, existing advisory councils for the priority
245    subjectwater body, and representatives of the public who use
246    the water body.
247          (6) The water management districts may contract with
248    appropriate state, local, and regional agencies and others to
249    perform various tasks associated with the development and
250    implementation of thesurface water improvement and management
251    plans and programs.
252          Section 4. Section 373.459, Florida Statutes, is amended
253    to read:
254          373.459 Funds for surface water improvement and
255    management.--
256          (1) Legislative appropriations provided to the water
257    management districts for surface water improvement and
258    management activities shall be available for detailed planning
259    and plan and program implementation.
260          (2)(1)The Ecosystem Management and Restoration Trust Fund
261    shall be used for the deposit of funds appropriated by the
262    Legislature for the purposes of ss. 373.451-373.4595. The
263    department shall administer all funds appropriated to or
264    received for surface water improvement and management
265    activities. Expenditure of the moneys shall be limited to the
266    costs of detailed planning for and plan and program
267    implementation of programs prepared for priority surface water
268    bodieswaters. Moneys from the fund shall not be expended for
269    planning for, or construction or expansion of, treatment
270    facilities for domestic or industrial waste disposal.
271          (3)(2) The secretary of thedepartment shall authorize the
272    release of money from the fund in accordance with the provisions
273    of s. 373.501(2) and procedures in s. 373.59(4) and (5)within
274    30 days after receipt of a request adopted by the governing
275    board of a water management district or by the executive
276    director when authority has been delegated by the governing
277    board, certifying that the money is needed for detailed planning
278    for or implementation of plans approved pursuant to ss. 373.453,
279    373.455, and 373.456. A water management district may not
280    receive more than 50 percent of the moneys appropriated to the
281    fund for the purposes of ss. 373.451-373.4595 in any fiscal year
282    unless otherwise provided for by law. Each year after funds are
283    appropriated, each water management district shall receive the
284    amount requested pursuant to s. 373.453(4) or 10 percent of the
285    money appropriated for the purposes of ss. 373.451-373.4595,
286    whichever is less. The department shall allocate the remaining
287    money in the appropriation for such purposes annually, based
288    upon the specific needs of the districts. The department, at its
289    discretion, may include any funds allocated to a district for
290    such purposes in previous years which remain unencumbered by the
291    district on July 1, to the amount of money to be distributed
292    based upon specific needs of the districts.
293          (3) The amount of money that may be released to a water
294    management district from the fund for approved plans, or
295    continuations of approved plans, to improve and manage the
296    surface waters described in ss. 373.451-373.4595 is limited to
297    not more than 60 percent of the amount of money necessary for
298    the approved plans of the South Florida Water Management
299    District, the Southwest Florida Water Management District, and
300    the St. Johns River Water Management District, and not more than
301    80 percent of the amount of money necessary for the approved
302    plans of the Northwest Florida Water Management District and the
303    Suwannee River Water Management District. The remaining funds
304    necessary for the approved plans shall be provided by the
305    district.
306          (4) Moneys in the fund thatwhichare not needed to meet
307    current obligations incurred under this section shall be
308    transferred to the State Board of Administration, to the credit
309    of the trust fund, to be invested in the manner provided by law.
310    Interest received on such investments shall be credited to the
311    trust fund.
312          Section 5. Sections 373.455, 373.456, and 373.457, Florida
313    Statutes, are repealed.
314          Section 6. Subsection (5) of section 373.079, Florida
315    Statutes, is amended to read:
316          373.079 Members of governing board; oath of office;
317    staff.--
318          (5) The executive directorgoverning boardmay employ a
319    legal staff for the purposes of:
320          (a) Providing legal counsel to the governing board on
321    matters relating to the exercise of its powers and duties and to
322    the executive director and district staff on matters relating to
323    the day-to-day operations of the district;
324          (b) Representing the districtitin all proceedings of an
325    administrative or judicial nature; and
326          (c) Otherwise assisting in the administration of the
327    provisions of this chapter.
328         
329          Attorneys employed by the governing boarddistrictmust
330    represent the legal interest or position of the governing board.
331          Section 7. Paragraph (b) of subsection (3) of section
332    259.101, Florida Statutes, is amended to read:
333          259.101 Florida Preservation 2000 Act.--
334          (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
335    costs of issuance, the costs of funding reserve accounts, and
336    other costs with respect to the bonds, the proceeds of bonds
337    issued pursuant to this act shall be deposited into the Florida
338    Preservation 2000 Trust Fund created by s. 375.045. In fiscal
339    year 2000-2001, for each Florida Preservation 2000 program
340    described in paragraphs (a)-(g), that portion of each program's
341    total remaining cash balance which, as of June 30, 2000, is in
342    excess of that program's total remaining appropriation balances
343    shall be redistributed by the department and deposited into the
344    Save Our Everglades Trust Fund for land acquisition. For
345    purposes of calculating the total remaining cash balances for
346    this redistribution, the Florida Preservation 2000 Series 2000
347    bond proceeds, including interest thereon, and the fiscal year
348    1999-2000 General Appropriations Act amounts shall be deducted
349    from the remaining cash and appropriation balances,
350    respectively. The remaining proceeds shall be distributed by the
351    Department of Environmental Protection in the following manner:
352          (b) Thirty percent to the Department of Environmental
353    Protection for the purchase of water management lands pursuant
354    to s. 373.59, to be distributed among the water management
355    districts as provided in that section. Funds received by each
356    district may also be used for acquisition of lands necessary to
357    implement surface water improvement and management plans
358    approved in accordance with s. 373.456or for acquisition of
359    lands necessary to implement the Everglades Construction Project
360    authorized by s. 373.4592.
361         
362          Local governments may use federal grants or loans, private
363    donations, or environmental mitigation funds, including
364    environmental mitigation funds required pursuant to s. 338.250,
365    for any part or all of any local match required for the purposes
366    described in this subsection. Bond proceeds allocated pursuant
367    to paragraph (c) may be used to purchase lands on the priority
368    lists developed pursuant to s. 259.035. Title to lands purchased
369    pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
370    vested in the Board of Trustees of the Internal Improvement
371    Trust Fund. Title to lands purchased pursuant to paragraph (c)
372    may be vested in the Board of Trustees of the Internal
373    Improvement Trust Fund. The board of trustees shall hold title
374    to land protection agreements and conservation easements that
375    were or will be acquired pursuant to s. 380.0677, and the
376    Southwest Florida Water Management District and the St. Johns
377    River Water Management District shall monitor such agreements
378    and easements within their respective districts until the state
379    assumes this responsibility.
380          Section 8. Paragraph (a) of subsection (6) of section
381    373.4136, Florida Statutes, is amended to read:
382          373.4136 Establishment and operation of mitigation
383    banks.--
384          (6) MITIGATION SERVICE AREA.--The department or water
385    management district shall establish a mitigation service area
386    for each mitigation bank permit. The department or water
387    management district shall notify and consider comments received
388    on the proposed mitigation service area from each local
389    government within the proposed mitigation service area. Except
390    as provided herein, mitigation credits may be withdrawn and used
391    only to offset adverse impacts in the mitigation service area.
392    The boundaries of the mitigation service area shall depend upon
393    the geographic area where the mitigation bank could reasonably
394    be expected to offset adverse impacts. Mitigation service areas
395    may overlap, and mitigation service areas for two or more
396    mitigation banks may be approved for a regional watershed.
397          (a) In determining the boundaries of the mitigation
398    service area, the department or the water management district
399    shall consider the characteristics, size, and location of the
400    mitigation bank and, at a minimum, the extent to which the
401    mitigation bank:
402          1. Contributes to a regional integrated ecological
403    network;
404          2. Will significantly enhance the water quality or
405    restoration of an offsite receiving water body that is
406    designated as an Outstanding Florida Water, a Wild and Scenic
407    River, an aquatic preserve, a water body designated in a plan
408    approvedadopted pursuant to s. 373.456 ofthe Surface Water
409    Improvement and Management Act, or a nationally designated
410    estuarine preserve;
411          3. Will provide for the long-term viability of endangered
412    or threatened species or species of special concern;
413          4. Is consistent with the objectives of a regional
414    management plan adopted or endorsed by the department or water
415    management districts; and
416          5. Can reasonably be expected to offset specific types of
417    wetland impacts within a specific geographic area. A mitigation
418    bank need not be able to offset all expected impacts within its
419    service area.
420          Section 9. Paragraph (b) of subsection (3) and paragraph
421    (a) of subsection (7) of section 403.067, Florida Statutes, are
422    amended to read:
423          403.067 Establishment and implementation of total maximum
424    daily loads.--
425          (3) ASSESSMENT.--
426          (b) The department shall adopt by rule a methodology for
427    determining those waters which are impaired. The rule shall
428    provide for consideration as to whether water quality standards
429    codified in chapter 62-302, Florida Administrative Code, are
430    being exceeded, based on objective and credible data, studies
431    and reports, including surface water improvement and management
432    plans approved by water management districts under s. 373.456
433    and pollutant load reduction goals developed according to
434    department rule. Such rule also shall set forth:
435          1. Water quality sample collection and analysis
436    requirements, accounting for ambient background conditions,
437    seasonal and other natural variations;
438          2. Approved methodologies;
439          3. Quality assurance and quality control protocols;
440          4. Data modeling; and
441          5. Other appropriate water quality assessment measures.
442          (7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
443          (a) The department shall be the lead agency in
444    coordinating the implementation of the total maximum daily loads
445    through water quality protection programs. Application of a
446    total maximum daily load by a water management district shall be
447    consistent with this section and shall not require the issuance
448    of an order or a separate action pursuant to s. 120.536(1) or s.
449    120.54 for adoption of the calculation and allocation previously
450    established by the department. Such programs may include, but
451    are not limited to:
452          1. Permitting and other existing regulatory programs;
453          2. Nonregulatory and incentive-based programs, including
454    best management practices, cost sharing, waste minimization,
455    pollution prevention, and public education;
456          3. Other water quality management and restoration
457    activities, for example surface water improvement and management
458    plans approved by water management districts under s. 373.456or
459    watershed or basin management plans developed pursuant to this
460    subsection;
461          4. Pollutant trading or other equitable economically based
462    agreements;
463          5. Public works including capital facilities; or
464          6. Land acquisition.
465          Section 10. Paragraph (e) of subsection (7) of section
466    403.1835, Florida Statutes, is amended to read:
467          403.1835 Water pollution control financial assistance.--
468          (7) Eligible projects must be given priority according to
469    the extent each project is intended to remove, mitigate, or
470    prevent adverse effects on surface or ground water quality and
471    public health. The relative costs of achieving environmental and
472    public health benefits must be taken into consideration during
473    the department's assignment of project priorities. The
474    department shall adopt a priority system by rule. In developing
475    the priority system, the department shall give priority to
476    projects that:
477          (e) Assist in the implementation of surface water
478    improvement and management plans approved under s. 373.456and
479    pollutant load reduction goals developed under state water
480    policy;
481          Section 11. Subsection (1) of section 373.2295, Florida
482    Statutes, is amended and subsection (14) is added to said
483    section to read:
484          373.2295 Interdistrict transfers of groundwater.--
485          (1) As used in this section, the term"interdistrict
486    transfer and use" means a consumptive water use thatwhich
487    involves the withdrawal of groundwater from a point within one
488    water management district for use outside the boundaries of that
489    district, but does not include a withdrawal and use within the
490    same county.
491          (14) In case of withdrawal of groundwater from a point
492    within one water management district for use outside the
493    boundaries of that district but within the same county, the
494    provisions of subsections (4), (11), and (13) shall apply, and
495    the district considering a permit application for such a
496    consumptive use shall apply the applicable provisions of this
497    chapter, and its rules to the withdrawal and use.
498          Section 12. Any agreements between water management
499    districts entered into before the effective date of this act
500    pursuant to s. 373.046, Florida Statutes, authorizing the
501    issuance of permits for the interdistrict withdrawal and use of
502    water within a county are validated and shall continue in effect
503    until otherwise rescinded.
504          Section 13. Paragraphs (c) and (d) of subsection (2) of
505    section 373.069, Florida Statutes, are amended to read:
506          373.069 Creation of water management districts.--
507          (2) Notwithstanding the provisions of any other special or
508    general act to the contrary, the boundaries of the respective
509    districts named in subsection (1) shall include the areas within
510    the following boundaries:
511          (c) St. Johns River Water Management District.--Begin at
512    the intersection of the south boundary of Indian River County
513    with the Atlantic Ocean; thence west along the Indian River-St.
514    Lucie County line to the intersection of the west boundary of
515    St. Lucie County; thence south along the Okeechobee-St. Lucie
516    County line to the southeast corner of Section 1, Township 34
517    South, Range 36 East; thence west along the section line to the
518    northwest corner of Section 10, Township 34 South, Range 36
519    East; thence south along the section line to the southeast
520    corner of Section 9, Township 34 South, Range 36 East; thence
521    west along the section line to the northwest corner of Section
522    18, Township 34 South, Range 36 East; thence south along the
523    range line between Ranges 35 and 36 East to the southeast corner
524    of Section 12, Township 34 South, Range 35 East; thence west
525    along the section line to the northwest corner of Section 13,
526    Township 34 South, Range 35 East; thence south along the section
527    line to the southeast corner of Section 35, Township 34 South,
528    Range 35 East; thence west along the township line between
529    Townships 34 and 35 south to the southwest corner of Section 35,
530    Township 34 South, Range 34 East; thence north along the section
531    line to the Okeechobee-Osceola County line; thence west along
532    the Okeechobee-Osceola County line to the southwest corner of
533    Section 34, Township 32 South, Range 33 East; thence north along
534    the section line to the northwest corner of Section 3, Township
535    31 South, Range 33 East; thence east along the township line
536    between Townships 30 and 31 South to the southeast corner of
537    Section 36, Township 30 South, Range 33 East; thence north along
538    the range line between Ranges 33 and 34 East to the northeast
539    corner of Section 1, Township 30 South, Range 33 East; thence
540    west along the township line between Townships 29 and 30 south
541    to the southwest corner of Section 31, Township 29 South, Range
542    33 East; thence north along the range line between Ranges 32 and
543    33 East to the northwest corner of Section 6, Township 28 South,
544    Range 33 East; thence east along the township line between
545    Townships 27 and 28 south to the southeast corner of Section 36,
546    Township 27 South, Range 32 East; thence north along the range
547    line between Ranges 32 and 33 East to the northeast corner of
548    Section 1, Township 26 South, Range 32 East; thence west along
549    the township line between Townships 25 and 26 South to the
550    southwest corner of Section 33, Township 25 South, Range 32
551    East; thence north along the section line to the Orange-Osceola
552    County line; thence westerly along the Orange-Osceola County
553    line to the Southwest corner of Section 31, Township 24 South,
554    Range 32 East; thence north along the range line to the
555    intersection with the northerly right-of-way line of State Road
556    528, also known as the Bee Line Expressway; thence westerly
557    along the northerly right-of-way line of State Road 528 to the
558    intersection with the northerly right-of-way line of State Road
559    528A; thence westerly along the northerly right-of-way line of
560    State Road 528A to the westerly right-of-way line of U.S.
561    Highway 441; thence northerly along the right-of-way line to the
562    section line between sections 22 and 27 of Township 22 South,
563    Range 29 East; thence west along the section lines to the
564    Northeast corner of Section 25, Township 22 South, Range 28
565    East; thence south along the range line between Ranges 28 and 29
566    East to the Southeast corner of Section 36, Township 22 South,
567    Range 28 East; thence west along the township line between
568    Townships 22 and 23 South to the Northeast corner of Section 2,
569    Township 23 South, Range 27 East; thence south to the Southeast
570    corner of Section 11, Township 23 South, Range 27 East; thence
571    west along the section lines to the Southwest corner of Section
572    7, Township 23 South, Range 27 East, also being the Lake-Orange
573    County line; thence south along the range line between Ranges 26
574    and 27 East to the southwest corner of Section 18, Township 26
575    South, Range 27 East; thence east along the section line to the
576    northeast corner of Section 19, township 26 South, Range 27
577    East; thence south along the section line to the southwest
578    corner of Section 32, Township 26 South, Range 27 East; thence
579    east along the township line between Townships 26 and 27 South
580    to the northeast corner of Section 5, Township 27 South, Range
581    27 East; thence south along the section lines to the southerly
582    right-of-way line of State Road 600; thence westerly along the
583    southerly right-of-way line of said State Road No. 600 to the
584    west boundary of Section 27, Township 27 South, Range 26 East;
585    thence north along the section lines to the northeast corner of
586    Section 16, Township 25 South, Range 26 East; thence west along
587    the section line to the southwest corner of Section 9, Township
588    25 South, Range 26 East; thence north along the section linesto
589    the Lake-Polk County line; thence west along the county line to
590    the southwest corner of Section 32, Township 24 South, Range 26
591    East; thence into Lake County, north along the section lines to
592    the northeast corner of Section 30, Township 24 South, Range 26
593    East; thence west along the section lines to the northeast
594    corner of Section 28, Township 24 South, Range 25 East; thence
595    north along the section lines to the northeast corner of Section
596    16, Township 24 South, Range 25 East; thence west along the
597    section line to the northwest corner of Section 16, Township 24
598    South, Range 25 East; thence north along the section line to the
599    northeast corner of Section 8, Township 24 South, Range 25 East;
600    thence west along the section lines to the range line between
601    Ranges 24 and 25; thence north along the range line to the
602    northeast corner of Section 1, Township 23 South, Range 24 East,
603    also being on the township line between Townships 22 and 23
604    South; thence west along the township line to the northwest
605    corner of Section 6, Township 23 South, Range 24 East, also
606    being on the Sumter-Lake County line; thence north along the
607    Sumter-Lake County line, also being the range line between
608    Ranges 23 and 24 East, to the northeast corner of Section 1,
609    Township 18 South, Range 23 East, and the Marion County line;
610    thence west along the Sumter-Marion County line, also being the
611    township line between Townships 17 and 18 South, to the westerly
612    right-of-way line of Interstate Highway 75; thence northerly
613    along the westerly right-of-way line of Interstate Highway 75 to
614    the Alachua-Marion County line, said line also being the
615    township line between Townships 11 and 12 South; thence west
616    along the Alachua-Marion County line to the northwest corner of
617    Section 3, Township 12 South, Range 19 East, and the Levy County
618    line; thence westerly along the Levy-Alachua County line, also
619    being the township line between Townships 11 and 12 South, to
620    the southeast corner of Section 36, Township 11 South, Range 18
621    East; thence north along the range line between Ranges 18 and 19
622    East to the northwest corner of Section 19, Township 9 South,
623    Range 19 East; thence east along the section line to the
624    southeast corner of Section 13, Township 9 South, Range 19 East;
625    thence north along the range line between Ranges 19 and 20 East
626    to the northwest corner of Section 6, Township 9 South, Range 20
627    East; thence easterly along the township line between Townships
628    8 and 9 South to the southeast corner of Section 36, Township 8
629    South, Range 20 East; thence north along the range line between
630    Ranges 20 and 21 East to the northwest corner of Section 18,
631    Township 8 South, Range 21 East; thence east along the section
632    line to the northeast corner of Section 15, Township 8 South,
633    Range 21 East; thence south along the section line to the
634    southwest corner of Section 23, Township 8 South, Range 21 East;
635    thence east along the section line to the northeast corner of
636    Section 26, Township 8 South, Range 21 East; thence south along
637    the section line to the southwest corner of the north 1/2 of
638    Section 25, Township 8 South, Range 21 East; thence east to the
639    northeast corner of the south 1/2 of Section 25, Township 8
640    South, Range 21 East; thence south along the range line between
641    Ranges 21 and 22 East to the southwest corner of Section 30,
642    Township 8 South, Range 22 East; thence east along the section
643    line to the northeast corner of Section 32, Township 8 South,
644    Range 22 East; thence south along the section line to the
645    southwest corner of Section 16, Township 9 South, Range 22 East;
646    thence eastward along the section line to the southeast corner
647    of the west 1/8 of Section 18, Township 9 South, Range 23 East;
648    thence northward to the northeast corner of the west 1/8 of
649    Section 18, Township 9 South, Range 23 East; thence west to the
650    southwest corner of Section 7, Township 9 South, Range 23 East;
651    thence northward along the Bradford-Clay County line to the
652    northeast corner of Section 36, Township 8 South, Range 22 East;
653    thence west along the section line to the southwest corner of
654    the east 1/2 of Section 25, Township 8 South, Range 22 East;
655    thence north to the northeast corner of the west 1/2 of Section
656    24, Township 8 South, Range 22 East; thence west along the
657    section line to the southwest corner of Section 13, Township 8
658    South, Range 22 East; thence north along the section line to the
659    northwest corner of Section 25, Township 7 South, Range 22 East;
660    thence east along the section line to the Bradford-Clay County
661    line; thence north along the Bradford-Clay County line to the
662    intersection of the south boundary of Baker County; thence west
663    along the Baker-Bradford County line to the intersection of the
664    east boundary of Union County; thence west along the Baker-Union
665    County line to the southwest corner of Section 18, Township 4
666    South, Range 20 East; thence north along the range line between
667    Ranges 19 and 20 East to the northeast corner of Section 1,
668    Township 3 South, Range 19 East; thence west along the township
669    line between Townships 2 and 3 South to the Baker-Columbia
670    County line; thence north along the Baker-Columbia County line
671    to the north boundary line of the State of Florida; thence
672    easterly along the Florida-Georgia line to the Atlantic Ocean;
673    thence southerly along the Atlantic Ocean, including the waters
674    of said ocean within the jurisdiction of the State of Florida to
675    the point of beginning.
676          (d) Southwest Florida Water Management District.--Begin at
677    the intersection of the north boundary of Lee County with the
678    Gulf of Mexico; thence eastward along the Lee-Charlotte County
679    line to the Southeast corner of Section 33, Township 42 South,
680    Range 24 East; thence North into Charlotte County, along the
681    section lines to the Northeast corner of Section 4, Township 42
682    South, Range 24 East; thence East along the township line
683    between Townships 41 and 42 South to the Southeast corner of
684    Section 36, Township 41 South, Range 25 East; thence north along
685    the section line to the northwest corner of Section 6, Township
686    41 South, Range 26 East; thence east along the section line to
687    the southeast corner of Section 36, Township 40 South, Range 26
688    East; thence North along the range line between Ranges 26 and 27
689    to the Northeast corner of Section 1, Township 40 South, Range
690    26 East, and the Charlotte-Desoto County line; thence east along
691    the Charlotte-Desoto County line to the southeast corner of
692    Section 36, Township 39 South, Range 27 East; thence north along
693    the DeSoto-Highlands County line to the intersection of the
694    South boundary of Hardee County; thence north along the Hardee-
695    Highlands County line to the southwest corner of Township 35
696    South, Range 28 East; thence east along the north boundary of
697    Township 36 South to the northeast corner of Section 1, Township
698    36 South, Range 28 East; thence south along the range line to
699    the southeast corner of Section 12, Township 37 South, Range 28
700    East; thence east along the section line to the northeast corner
701    of Section 15, Township 37 South, Range 29 East; thence south
702    along the section line to the southeast corner of Section 34,
703    Township 37 South, Range 29 East; thence east along the township
704    line to the northeast corner of Section 1, Township 38 South,
705    Range 29 East; thence south along the range line to the
706    southeast corner of Section 1, Township 39 South, Range 29 East;
707    thence east along the section line to the northwest corner of
708    Section 11, Township 39 South, Range 30 East; thence north along
709    the section line to the southwest corner of Section 35, Township
710    38 South, Range 30 East; thence east along the township line to
711    the southeast corner of the west 1/4 of Section 35, Township 38
712    South, Range 30 East; thence north along the 1/4-section line of
713    Sections 35, 26, and 23, Township 38 South, Range 30 East to the
714    northeast corner of the west 1/4 section of Section 23, Township
715    38 South, Range 30 East; thence west along the section line to
716    the northwest corner of Section 23, Township 38 South, Range 30
717    East; thence north along the section line to the northwest
718    corner of Section 2, Township 37 South, Range 30 East; thence
719    west along the township line to the southwest corner of Section
720    34, Township 36 South, Range 30 East; thence north along the
721    section line to the northwest corner of Section 3, Township 36
722    South, Range 30 East; thence west along the township line to the
723    southwest corner of Section 31, Township 35 South, Range 30
724    East; thence north along the range line between Ranges 29 and 30
725    East, through Townships 35, 34, and 33 South, to the northeast
726    corner of Township 33 South, Range 29 East, being on the
727    Highlands-Polk County line; thence west along the Highlands-Polk
728    County line to the southeast corner of Township 32 South, Range
729    28 East; thence north along the range line between Ranges 28 and
730    29 East, in Townships 32 and 31 South, to the northeast corner
731    of Section 12 in Township 31 South, Range 28 East; thence east
732    along the section line to the northeast corner of Section 7,
733    Township 31 South, Range 29 East; thence north along the section
734    line to the northwest corner of Section 17, Township 30 South,
735    Range 29 East; thence east along the section line to the
736    northeast corner of the west 1/2 of Section 17, Township 30
737    South, Range 29 East; thence north along the 1/2-section line to
738    the northeast corner of the west 1/2 of Section 5, Township 30
739    South, Range 29 East; thence west along the section line to the
740    southwest corner of Section 32, Township 29 South, Range 29
741    East; thence north along the section line to the northeast
742    corner of Section 19 in Township 29 South, Range 29 East; thence
743    west along the north boundaries of Section 19, Township 29
744    South, Range 29 East, and Sections 24, 23, 22, 21, and 20,
745    Township 29 South, Range 28 East, to the northwest corner of
746    said Section 20; thence north along the section line to the
747    intersection of said section line with the west shore line of
748    Lake Pierce in Township 29 South, Range 28 East; thence
749    following the west shore of Lake Pierce to its intersection
750    again with the west section line of Section 5, Township 29
751    South, Range 28 East; thence north along the section line to the
752    northwest corner of Section 5, Township 29 South, Range 28 East;
753    thence east along the township line to the southwest corner of
754    Section 33, Township 28 South, Range 28 East; thence north along
755    the section line to the northwest corner of the southwest 1/4 of
756    the southwest 1/4 of Section 28, Township 28 South, Range 28
757    East; thence east along the 1/4-section line to the intersection
758    of said 1/4-section line with Lake Pierce; thence follow the
759    shore line northeasterly to its intersection with the 1/2-section
760    line of Section 28, Township 28 South, Range 28 East; thence
761    north on the 1/2-section line to the northwest corner of the
762    southeast 1/4 of Section 28, Township 28 South, Range 28 East;
763    thence east to the northeast corner of the southeast 1/4 of
764    Section 28, Township 28 South, Range 28 East; thence south along
765    the section line to the northwest corner of Section 3, Township
766    29 South, Range 28 East; thence east along the section line to
767    the northeast corner of Section 3, Township 29 South, Range 28
768    East; thence north along the section line to the northwest
769    corner of Section 23, Township 28 South, Range 28 East; thence
770    west along the section line to the southwest corner of Section
771    16, Township 28 South, Range 28 East; thence north along the
772    section line to the northwest corner of Section 16, Township 28
773    South, Range 28 East; thence west along the section line to the
774    southwest corner of Section 8, Township 28 South, Range 28 East;
775    thence north along the section line to the northwest corner of
776    Section 5, Township 28 South, Range 28 East; thence west along
777    the township line to the intersection of said township line with
778    Lake Marion; thence following the south shore line of Lake
779    Marion to its intersection again with said township line; thence
780    west along the township line to the southeast corner of Section
781    36, Township 37 South, Range 27 East; thence north along the
782    range line between Ranges 27 and 28 East to the intersection of
783    said range line with Lake Marion; thence following the west
784    shore of Lake Marion to its intersection again with the range
785    line between Ranges 27 and 28 East; thence north along said
786    range line, in Townships 27 and 26 South, to the northeast
787    corner of Township 26 South, Range 27 East, being on the Polk-
788    Osceola County line; thence west along the Polk-Osceola County
789    line to the northwest corner of Township 26 South, Range 27
790    East; thence south along the range line between Ranges 26 and 27
791    East to the southwest corner of Section 18 in Township 26 South,
792    Range 27 East; thence east along the section line to the
793    southeast corner of said Section 18; thence south along the
794    section lines to the southwest corner of Section 32 in Township
795    26 South, Range 27 East; thence east along the section line to
796    the southeast corner of said Section 32; thence south along the
797    section lines to the southerly right-of-way line of State Road
798    600 (U.S. Route 17 and 92) in Township 27 South, Range 27 East;
799    thence westerly along the southerly right-of-way line of said
800    State Road No. 600 to the West boundary of Section 27, Township
801    27 South, Range 26 East; thence north along the section line to
802    the northeast corner of Section 16, Township 25 South, Range 26
803    East; thence west along the section line to the southwest corner
804    of Section 9, Township 25 South, Range 26 East;thence north
805    along the section line to the Lake-Polk County line; thence west
806    along the county line to the southwest corner of Section 32,
807    Township 24 South, Range 26 East; thence into Lake County, north
808    along the section lines to the northeast corner of Section 30,
809    Township 24 South, Range 26 East; thence west along the section
810    lines to the northeast corner of Section 28, Township 24 South,
811    Range 25 East; thence north along the section lines to the
812    northeast corner of Section 16, Township 24 South, Range 25
813    East; thence west along the section line to the northwest corner
814    of Section 16, Township 24 South, Range 25 East; thence north
815    along the section line to the northeast corner of Section 8,
816    Township 24 South, Range 25 East; thence west along the section
817    lines to the range line between Ranges 24 and 25; thence north
818    along the range line to the northeast corner of Section 1,
819    Township 23 South, Range 24 East, also being on the township
820    line between Townships 22 and 23 South; thence west along the
821    township line to the northwest corner of Section 6, Township 23
822    South, Range 24 East also being on the Sumter-Lake County line;
823    thence north along the Sumter-Lake County line, also being the
824    range line between Ranges 23 and 24, to the northeast corner of
825    Section 1, Township 18 South, Range 23 East and the Marion
826    County line; thence west, along the Sumter-Marion County line,
827    also being the township line between Townships 17 and 18 South,
828    to the westerly right-of-way line of Interstate Highway 75;
829    thence northerly along the westerly right-of-way line of
830    Interstate Highway 75 to the Alachua-Marion County line, said
831    line also being the township line between Townships 11 and 12
832    South; thence west along the Alachua-Marion County line to the
833    northwest corner of Section 3, Township 12 South, Range 19 East
834    and the Levy County line; thence westerly along the Levy-Alachua
835    County line, also being the township line between Townships 11
836    and 12 South, to the southeast corner of Section 36, Township 11
837    South, Range 17 East; thence north along the Levy-Alachua County
838    line, also being the range line between Ranges 17 and 18 East,
839    to the southerly right-of-way line of State Road No. 24; thence
840    southwesterly along said southerly right-of-way line to the
841    easterly right-of-way line of State Road No. 337; thence
842    southerly, along said easterly right-of-way line of State Road
843    No. 337, to the south line of Section 35, Township 14 South,
844    Range 17 East; thence west along the section line to the
845    northwest corner of Section 3, Township 15 South, Range 17 East;
846    thence south along the section lines to the southwest corner of
847    Section 27, Township 15 South, Range 17 East; thence west to the
848    Gulf of Mexico; thence south along the Gulf of Mexico, including
849    the waters of said gulf within the jurisdiction of the State of
850    Florida, to the point of beginning.
851          Section 14. Subsection (2) of section 373.0691, Florida
852    Statutes, is renumbered as subsection (3), and a new subsection
853    (2) is added to said section, to read:
854          373.0691 Transfer of areas.--
855          (2) Effective at 12:01 a.m. on July 1, 2003, that portion
856    of Polk County formerly within the St. Johns River Water
857    Management District as set forth in s. 373.069 is transferred to
858    the Southwest Florida Water Management District. With respect to
859    the area transferred and at the time of change of boundaries,
860    all contractual obligations of the St. Johns River Water
861    Management District, all real property interests owned by the
862    St. Johns River Water Management District, all regulatory
863    responsibilities of the St. Johns River Water Management
864    District, all equipment and other personal property used solely
865    by the St. Johns River Water Management District in that area,
866    and all records of the St. Johns River Water Management District
867    shall be transferred and delivered to the Southwest Florida
868    Water Management District.
869          Section 15. Subsection (6) of section 403.1837, Florida
870    Statutes, is amended to read:
871          403.1837 Florida Water Pollution Control Financing
872    Corporation.--
873          (6) The corporation may issue and incur notes, bonds,
874    certificates of indebtedness, or other obligations or evidences
875    of indebtedness payable from and secured by amounts received
876    from payment of loans and other moneys received by the
877    corporation, including, but not limited to, amounts payable to
878    the corporation by the department under a service contract
879    entered into under subsection (5). The corporation may not issue
880    bonds in excess of an amount authorized by general law or an
881    appropriations act except to refund previously issued bonds. The
882    corporation may issue bonds in amounts not exceeding $50 million
883    in fiscal year 2000-2001, $75 million in fiscal year 2001-2002,
884    and $100 million in fiscal year 2002-2003.The proceeds of the
885    bonds may be used for the purpose of providing funds for
886    projects and activities provided for in subsection (1) or for
887    refunding bonds previously issued by the corporation. The
888    corporation may select a financing team and issue obligations
889    through competitive bidding or negotiated contracts, whichever
890    is most cost-effective. Any such indebtedness of the corporation
891    does not constitute a debt or obligation of the state or a
892    pledge of the faith and credit or taxing power of the state.
893          Section 16. Except as otherwise provided herein, this act
894    shall take effect upon becoming a law.
895