HOUSE AMENDMENT
Bill No. HB 105A
   
1 CHAMBER ACTION
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Senate House
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12          Representative Gelber offered the following:
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14          Amendment (with title amendment)
15          Between lines 1103 and 1104, and insert:
16          Section 22. Effective upon becoming law, to be applied
17    retroactively to the date upon which CS/SB 626 enacted during
18    the 2003 Regular Session of the Legislature becomes law,
19    notwithstanding the provisions of CS/SB 626 enacted during the
20    2003 Regular Session of the Legislature, subsections (2), (3),
21    and (4), paragraphs (c) and (h) of subsection (6), and
22    subsections (7), (10), and (16) of section 373.4592, Florida
23    Statutes 2002, are not amended as provided in CS/SB 626 enacted
24    during the 2003 Regular Session of the Legislature, but are
25    reenacted to read:
26          373.4592 Everglades improvement and management.--
27          (2) DEFINITIONS.--As used in this section:
28          (a) "Best management practice" or "BMP" means a practice
29    or combination of practices determined by the district, in
30    cooperation with the department, based on research, field-
31    testing, and expert review, to be the most effective and
32    practicable, including economic and technological
33    considerations, on-farm means of improving water quality in
34    agricultural discharges to a level that balances water quality
35    improvements and agricultural productivity.
36          (b) "C-139 Basin" or "Basin" means those lands described
37    in subsection (16).
38          (c) "Department" means the Florida Department of
39    Environmental Protection.
40          (d) "District" means the South Florida Water Management
41    District.
42          (e) "Everglades Agricultural Area" or "EAA" means the
43    Everglades Agricultural Area, which are those lands described in
44    subsection (15).
45          (f) "Everglades Construction Project" means the project
46    described in the February 15, 1994, conceptual design document
47    together with construction and operation schedules on file with
48    the South Florida Water Management District, except as modified
49    by this section.
50          (g) "Everglades Program" means the program of projects,
51    regulations, and research provided by this section, including
52    the Everglades Construction Project.
53          (h) "Everglades Protection Area" means Water Conservation
54    Areas 1, 2A, 2B, 3A, and 3B, the Arthur R. Marshall Loxahatchee
55    National Wildlife Refuge, and the Everglades National Park.
56          (i) "Master permit" means a single permit issued to a
57    legally responsible entity defined by rule, authorizing the
58    construction, alteration, maintenance, or operation of multiple
59    stormwater management systems that may be owned or operated by
60    different persons and which provides an opportunity to achieve
61    collective compliance with applicable department and district
62    rules and the provisions of this section.
63          (j) "Phosphorus criterion" means a numeric interpretation
64    for phosphorus of the Class III narrative nutrient criterion.
65          (k) "Stormwater management program" shall have the meaning
66    set forth in s. 403.031(15).
67          (l) "Stormwater treatment areas" or "STAs" means those
68    treatment areas described and depicted in the district's
69    conceptual design document of February 15, 1994, and any
70    modifications as provided in this section.
71          (3) EVERGLADES SWIM PLAN.--The Legislature finds that the
72    Everglades Program required by this section establishes more
73    extensive and comprehensive requirements for surface water
74    improvement and management within the Everglades than the SWIM
75    plan requirements provided in ss. 373.451-373.456. In order to
76    avoid duplicative requirements, and in order to conserve the
77    resources available to the district, the SWIM plan requirements
78    of those sections shall not apply to the Everglades Protection
79    Area and the EAA during the term of the Everglades Program, and
80    the district will neither propose, nor take final agency action
81    on, any Everglades SWIM plan for those areas until the
82    Everglades Program is fully implemented; however, funds under s.
83    259.101(3)(b) may be used for acquisition of lands necessary to
84    implement the Everglades Construction Project, to the extent
85    these funds are identified in the Statement of Principles of
86    July 1993. The district's actions in implementing the Everglades
87    Construction Project relating to the responsibilities of the EAA
88    and C-139 Basin for funding and water quality compliance in the
89    EAA and the Everglades Protection Area shall be governed by this
90    section. Other strategies or activities in the March 1992 SWIM
91    plan may be implemented if otherwise authorized by law.
92          (4) EVERGLADES PROGRAM.--
93          (a) Everglades Construction Project.--The district shall
94    implement the Everglades Construction Project. By the time of
95    completion of the project, the state, district, or other
96    governmental authority shall purchase the inholdings in the
97    Rotenberger and such other lands necessary to achieve a 2:1
98    mitigation ratio for the use of Brown's Farm and other similar
99    lands, including those needed for the STA 1 Inflow and
100    Distribution Works. The inclusion of public lands as part of the
101    project is for the purpose of treating waters not coming from
102    the EAA for hydroperiod restoration. It is the intent of the
103    Legislature that the district aggressively pursue the
104    implementation of the Everglades Construction Project in
105    accordance with the schedule in this subsection. The Legislature
106    recognizes that adherence to the schedule is dependent upon
107    factors beyond the control of the district, including the timely
108    receipt of funds from all contributors. The district shall take
109    all reasonable measures to complete timely performance of the
110    schedule in this section in order to finish the Everglades
111    Construction Project. The district shall not delay
112    implementation of the project beyond the time delay caused by
113    those circumstances and conditions that prevent timely
114    performance. The district shall not levy ad valorem taxes in
115    excess of 0.1 mill within the Okeechobee Basin for the purposes
116    of the design, construction, and acquisition of the Everglades
117    Construction Project. The ad valorem tax proceeds not exceeding
118    0.1 mill levied within the Okeechobee Basin for such purposes
119    shall be the sole direct district contribution from district ad
120    valorem taxes appropriated or expended for the design,
121    construction, and acquisition of the Everglades Construction
122    Project unless the Legislature by specific amendment to this
123    section increases the 0.1 mill ad valorem tax contribution,
124    increases the agricultural privilege taxes, or otherwise
125    reallocates the relative contribution by ad valorem taxpayers
126    and taxpayers paying the agricultural privilege taxes toward the
127    funding of the design, construction, and acquisition of the
128    Everglades Construction Project. Notwithstanding the provisions
129    of s. 200.069 to the contrary, any millage levied under the 0.1
130    mill limitation in this paragraph shall be included as a
131    separate entry on the Notice of Proposed Property Taxes pursuant
132    to s. 200.069. Once the STAs are completed, the district shall
133    allow these areas to be used by the public for recreational
134    purposes in the manner set forth in s. 373.59(11), considering
135    the suitability of these lands for such uses. These lands shall
136    be made available for recreational use unless the district
137    governing board can demonstrate that such uses are incompatible
138    with the restoration goals of the Everglades Construction
139    Project or the water quality and hydrological purposes of the
140    STAs or would otherwise adversely impact the implementation of
141    the project. The district shall give preferential consideration
142    to the hiring of agricultural workers displaced as a result of
143    the Everglades Construction Project, consistent with their
144    qualifications and abilities, for the construction and operation
145    of these STAs. The following milestones apply to the completion
146    of the Everglades Construction Project as depicted in the
147    February 15, 1994, conceptual design document:
148          1. The district must complete the final design of the STA
149    1 East and West and pursue STA 1 East project components as part
150    of a cost-shared program with the Federal Government. The
151    district must be the local sponsor of the federal project that
152    will include STA 1 East, and STA 1 West if so authorized by
153    federal law. Land acquisition shall be completed for STA 1 West
154    by April 1, 1996, and for STA 1 East by July 1, 1998;
155          2. Construction of STA 1 East is to be completed under the
156    direction of the United States Army Corps of Engineers in
157    conjunction with the currently authorized C-51 flood control
158    project by July 1, 2002;
159          3. The district must complete construction of STA 1 West
160    and STA 1 Inflow and Distribution Works under the direction of
161    the United States Army Corps of Engineers, if the direction is
162    authorized under federal law, in conjunction with the currently
163    authorized C-51 flood control project, by January 1, 1999;
164          4. The district must complete construction of STA 2 by
165    February 1, 1999;
166          5. The district must complete construction of STA 3/4 by
167    October 1, 2003;
168          6. The district must complete construction of STA 5 by
169    January 1, 1999; and
170          7. The district must complete construction of STA 6 by
171    October 1, 1997.
172          8. East Beach Water Control District, South Shore Drainage
173    District, South Florida Conservancy District, East Shore Water
174    Control District, and the lessee of agricultural lease number
175    3420 shall complete any system modifications described in the
176    Everglades Construction Project to the extent that funds are
177    available from the Everglades Fund. These entities shall divert
178    the discharges described within the Everglades Construction
179    Project within 60 days of completion of construction of the
180    appropriate STA. Such required modifications shall be deemed to
181    be a part of each district's plan of reclamation pursuant to
182    chapter 298.
183          (b) Everglades water supply and hydroperiod improvement
184    and restoration.--
185          1. A comprehensive program to revitalize the Everglades
186    shall include programs and projects to improve the water
187    quantity reaching the Everglades Protection Area at optimum
188    times and improve hydroperiod deficiencies in the Everglades
189    ecosystem. To the greatest extent possible, wasteful discharges
190    of fresh water to tide shall be reduced, and water conservation
191    practices and reuse measures shall be implemented by water
192    users, consistent with law. Water supply management must include
193    improvement of water quantity reaching the Everglades,
194    correction of long-standing hydroperiod problems, and an
195    increase in the total quantity of water flowing through the
196    system. Water supply management must provide water supply for
197    the Everglades National Park, the urban and agricultural areas,
198    and the Florida Bay and must replace water previously available
199    from the coastal ridge areas of southern Dade County. The
200    Everglades Construction Project redirects some water currently
201    lost to tide. It is an important first step in completing
202    hydroperiod improvement.
203          2. The district shall operate the Everglades Construction
204    Project as specified in the February 15, 1994, conceptual design
205    document, to provide additional inflows to the Everglades
206    Protection Area. The increased flow from the project shall be
207    directed to the Everglades Protection Area as needed to achieve
208    an average annual increase of 28 percent compared to the
209    baseline years of 1979 to 1988. Consistent with the design of
210    the Everglades Construction Project and without demonstratively
211    reducing water quality benefits, the regulatory releases will be
212    timed and distributed to the Everglades Protection Area to
213    maximize environmental benefits.
214          3. The district shall operate the Everglades Construction
215    Project in accordance with the February 15, 1994, conceptual
216    design document to maximize the water quantity benefits and
217    improve the hydroperiod of the Everglades Protection Area. All
218    reductions of flow to the Everglades Protection Area from BMP
219    implementation will be replaced. The district shall develop a
220    model to be used for quantifying the amount of water to be
221    replaced. The district shall publish in the Florida
222    Administrative Weekly a notice of rule development on the model
223    no later than July 1, 1994, and a notice of rulemaking no later
224    than July 1, 1995. The timing and distribution of this replaced
225    water will be directed to the Everglades Protection Area to
226    maximize the natural balance of the Everglades Protection Area.
227          4. The Legislature recognizes the complexity of the
228    Everglades watershed, as well as legal mandates under Florida
229    and federal law. As local sponsor of the Central and Southern
230    Florida Flood Control Project, the district must coordinate its
231    water supply and hydroperiod programs with the Federal
232    Government. Federal planning, research, operating guidelines,
233    and restrictions for the Central and Southern Florida Flood
234    Control Project now under review by federal agencies will
235    provide important components of the district's Everglades
236    Program. The department and district shall use their best
237    efforts to seek the amendment of the authorized purposes of the
238    project to include water quality protection, hydroperiod
239    restoration, and environmental enhancement as authorized
240    purposes of the Central and Southern Florida Flood Control
241    Project, in addition to the existing purposes of water supply,
242    flood protection, and allied purposes. Further, the department
243    and the district shall use their best efforts to request that
244    the Federal Government include in the evaluation of the
245    regulation schedule for Lake Okeechobee a review of the
246    regulatory releases, so as to facilitate releases of water into
247    the Everglades Protection Area which further improve hydroperiod
248    restoration.
249          5. The district, through cooperation with the federal and
250    state agencies, shall develop other programs and methods to
251    increase the water flow and improve the hydroperiod of the
252    Everglades Protection Area.
253          6. Nothing in this section is intended to provide an
254    allocation or reservation of water or to modify the provisions
255    of part II. All decisions regarding allocations and reservations
256    of water shall be governed by applicable law.
257          7. The district shall proceed to expeditiously implement
258    the minimum flows and levels for the Everglades Protection Area
259    as required by s. 373.042 and shall expeditiously complete the
260    Lower East Coast Water Supply Plan.
261          (c) STA 3/4 modification.--The Everglades Program will
262    contribute to the restoration of the Rotenberger and Holey Land
263    tracts. The Everglades Construction Project provides a first
264    step toward restoration by improving hydroperiod with treated
265    water for the Rotenberger tract and by providing a source of
266    treated water for the Holey Land. It is further the intent of
267    the Legislature that the easternmost tract of the Holey Land,
268    known as the "Toe of the Boot," be removed from STA 3/4 under
269    the circumstances set forth in this paragraph. The district
270    shall proceed to modify the Everglades Construction Project,
271    provided that the redesign achieves at least as many
272    environmental and hydrological benefits as are included in the
273    original design, including treatment of waters from sources
274    other than the EAA, and does not delay construction of STA 3/4.
275    The district is authorized to use eminent domain to acquire
276    alternative lands, only if such lands are located within 1 mile
277    of the northern border of STA 3/4.
278          (d) Everglades research and monitoring program.--
279          1. By January 1996, the department and the district shall
280    review and evaluate available water quality data for the
281    Everglades Protection Area and tributary waters and identify any
282    additional information necessary to adequately describe water
283    quality in the Everglades Protection Area and tributary waters.
284    By such date, the department and the district shall also
285    initiate a research and monitoring program to generate such
286    additional information identified and to evaluate the
287    effectiveness of the BMPs and STAs, as they are implemented, in
288    improving water quality and maintaining designated and existing
289    beneficial uses of the Everglades Protection Area and tributary
290    waters. As part of the program, the district shall monitor all
291    discharges into the Everglades Protection Area for purposes of
292    determining compliance with state water quality standards.
293          2. The research and monitoring program shall evaluate the
294    ecological and hydrological needs of the Everglades Protection
295    Area, including the minimum flows and levels. Consistent with
296    such needs, the program shall also evaluate water quality
297    standards for the Everglades Protection Area and for the canals
298    of the EAA, so that these canals can be classified in the manner
299    set forth in paragraph (e) and protected as an integral part of
300    the water management system which includes the STAs of the
301    Everglades Construction Project and allows landowners in the EAA
302    to achieve applicable water quality standards compliance by BMPs
303    and STA treatment to the extent this treatment is available and
304    effective.
305          3. The research and monitoring program shall include
306    research seeking to optimize the design and operation of the
307    STAs, including research to reduce outflow concentrations, and
308    to identify other treatment and management methods and
309    regulatory programs that are superior to STAs in achieving the
310    intent and purposes of this section.
311          4. The research and monitoring program shall be conducted
312    to allow completion by December 2001 of any research necessary
313    to allow the department to propose a phosphorus criterion in the
314    Everglades Protection Area, and to evaluate existing state water
315    quality standards applicable to the Everglades Protection Area
316    and existing state water quality standards and classifications
317    applicable to the EAA canals. In developing the phosphorus
318    criterion, the department shall also consider the minimum flows
319    and levels for the Everglades Protection Area and the district's
320    water supply plans for the Lower East Coast.
321          5. The district, in cooperation with the department, shall
322    prepare a peer-reviewed interim report regarding the research
323    and monitoring program, which shall be submitted no later than
324    January 1, 1999, to the Governor, the President of the Senate,
325    and the Speaker of the House of Representatives for their
326    review. The interim report shall summarize all data and findings
327    available as of July 1, 1998, on the effectiveness of STAs and
328    BMPs in improving water quality. The interim report shall also
329    include a summary of the then-available data and findings
330    related to the following: the Lower East Coast Water Supply Plan
331    of the district, the United States Environmental Protection
332    Agency Everglades Mercury Study, the United States Army Corps of
333    Engineers South Florida Ecosystem Restoration Study, the results
334    of research and monitoring of water quality and quantity in the
335    Everglades region, the degree of phosphorus discharge reductions
336    achieved by BMPs and agricultural operations in the region, the
337    current information on the ecological and hydrological needs of
338    the Everglades, and the costs and benefits of phosphorus
339    reduction alternatives. Prior to finalizing the interim report,
340    the district shall conduct at least one scientific workshop and
341    two public hearings on its proposed interim report. One public
342    hearing must be held in Palm Beach County and the other must be
343    held in either Dade or Broward County. The interim report shall
344    be used by the department and the district in making any
345    decisions regarding the implementation of the Everglades
346    Construction Project subsequent to the completion of the interim
347    report. The construction of STAs 3/4 shall not be commenced
348    until 90 days after the interim report has been submitted to the
349    Governor and the Legislature.
350          6. Beginning January 1, 2000, the district and the
351    department shall annually issue a peer-reviewed report regarding
352    the research and monitoring program that summarizes all data and
353    findings. The department shall provide copies of the report to
354    the Governor, the President of the Senate, and the Speaker of
355    the House of Representatives. The report shall identify water
356    quality parameters, in addition to phosphorus, which exceed
357    state water quality standards or are causing or contributing to
358    adverse impacts in the Everglades Protection Area.
359          7. The district shall continue research seeking to
360    optimize the design and operation of STAs and to identify other
361    treatment and management methods that are superior to STAs in
362    achieving optimum water quality and water quantity for the
363    benefit of the Everglades. The district shall optimize the
364    design and operation of the STAs described in the Everglades
365    Construction Project prior to expanding their size. Additional
366    methods to achieve compliance with water quality standards shall
367    not be limited to more intensive management of the STAs.
368          (e) Evaluation of water quality standards.--
369          1. The department and the district shall employ all means
370    practicable to complete by December 31, 1998, any additional
371    research necessary to:
372          a. Numerically interpret for phosphorus the Class III
373    narrative nutrient criterion necessary to meet water quality
374    standards in the Everglades Protection Area; and
375          b. Evaluate existing water quality standards applicable to
376    the Everglades Protection Area and EAA canals.
377         
378          This research shall be completed no later than December 31,
379    2001.
380          2. By December 31, 2001, the department shall file a
381    notice of rulemaking in the Florida Administrative Weekly to
382    establish a phosphorus criterion in the Everglades Protection
383    Area. In no case shall such phosphorus criterion allow waters in
384    the Everglades Protection Area to be altered so as to cause an
385    imbalance in the natural populations of aquatic flora or fauna.
386    The phosphorus criterion shall be 10 parts per billion (ppb) in
387    the Everglades Protection Area in the event the department does
388    not adopt by rule such criterion by December 31, 2003. However,
389    in the event the department fails to adopt a phosphorus
390    criterion on or before December 31, 2002, any person whose
391    substantial interests would be affected by the rulemaking shall
392    have the right, on or before February 28, 2003, to petition for
393    a writ of mandamus to compel the department to adopt by rule
394    such criterion. Venue for the mandamus action must be Leon
395    County. The court may stay implementation of the 10 parts per
396    billion (ppb) criterion during the pendency of the mandamus
397    proceeding upon a demonstration by the petitioner of irreparable
398    harm in the absence of such relief. The department's phosphorus
399    criterion, whenever adopted, shall supersede the 10 parts per
400    billion (ppb) criterion otherwise established by this section,
401    but shall not be lower than the natural conditions of the
402    Everglades Protection Area and shall take into account spatial
403    and temporal variability.
404          3. The department shall use the best available information
405    to define relationships between waters discharged to, and the
406    resulting water quality in, the Everglades Protection Area. The
407    department or the district shall use these relationships to
408    establish discharge limits in permits for discharges into the
409    EAA canals and the Everglades Protection Area necessary to
410    prevent an imbalance in the natural populations of aquatic flora
411    or fauna in the Everglades Protection Area, and to provide a net
412    improvement in the areas already impacted. Compliance with the
413    phosphorus criterion shall be based upon a long-term geometric
414    mean of concentration levels to be measured at sampling stations
415    recognized from the research to be reasonably representative of
416    receiving waters in the Everglades Protection Area, and so
417    located so as to assure that the Everglades Protection Area is
418    not altered so as to cause an imbalance in natural populations
419    of aquatic flora and fauna and to assure a net improvement in
420    the areas already impacted. For the Everglades National Park and
421    the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the
422    method for measuring compliance with the phosphorus criterion
423    shall be in a manner consistent with Appendices A and B,
424    respectively, of the settlement agreement dated July 26, 1991,
425    entered in case No. 88-1886-Civ-Hoeveler, United States District
426    Court for the Southern District of Florida, that recognizes and
427    provides for incorporation of relevant research.
428          4. The department's evaluation of any other water quality
429    standards must include the department's antidegradation
430    standards and EAA canal classifications. In recognition of the
431    special nature of the conveyance canals of the EAA, as a
432    component of the classification process, the department is
433    directed to formally recognize by rulemaking existing actual
434    beneficial uses of the conveyance canals in the EAA. This shall
435    include recognition of the Class III designated uses of
436    recreation, propagation and maintenance of a healthy, well-
437    balanced population of fish and wildlife, the integrated water
438    management purposes for which the Central and Southern Florida
439    Flood Control Project was constructed, flood control, conveyance
440    of water to and from Lake Okeechobee for urban and agricultural
441    water supply, Everglades hydroperiod restoration, conveyance of
442    water to the STAs, and navigation.
443          (f) EAA best management practices.--
444          1. The district, in cooperation with the department, shall
445    develop and implement a water quality monitoring program to
446    evaluate the effectiveness of the BMPs in achieving and
447    maintaining compliance with state water quality standards and
448    restoring and maintaining designated and existing beneficial
449    uses. The program shall include an analysis of the effectiveness
450    of the BMPs in treating constituents that are not being
451    significantly improved by the STAs. The monitoring program shall
452    include monitoring of appropriate parameters at representative
453    locations.
454          2. The district shall continue to require and enforce the
455    BMP and other requirements of chapters 40E-61 and 40E-63,
456    Florida Administrative Code, during the terms of the existing
457    permits issued pursuant to those rules. Chapter 40E-61, Florida
458    Administrative Code, may be amended to include the BMPs required
459    by chapter 40E-63, Florida Administrative Code. Prior to the
460    expiration of existing permits, and during each 5-year term of
461    subsequent permits as provided for in this section, those rules
462    shall be amended to implement a comprehensive program of
463    research, testing, and implementation of BMPs that will address
464    all water quality standards within the EAA and Everglades
465    Protection Area. Under this program:
466          a. EAA landowners, through the EAA Environmental
467    Protection District or otherwise, shall sponsor a program of BMP
468    research with qualified experts to identify appropriate BMPs.
469          b. Consistent with the water quality monitoring program,
470    BMPs will be field-tested in a sufficient number of
471    representative sites in the EAA to reflect soil and crop types
472    and other factors that influence BMP design and effectiveness.
473          c. BMPs as required for varying crops and soil types shall
474    be included in permit conditions in the 5-year permits issued
475    pursuant to this section.
476          d. The district shall conduct research in cooperation with
477    EAA landowners to identify water quality parameters that are not
478    being significantly improved either by the STAs or the BMPs, and
479    to identify further BMP strategies needed to address these
480    parameters.
481          3. The Legislature finds that through the implementation
482    of the Everglades BMPs Program and the implementation of the
483    Everglades Construction Project, reasonable further progress
484    will be made towards addressing water quality requirements of
485    the EAA canals and the Everglades Protection Area. Permittees
486    within the EAA and the C-139 Basin who are in full compliance
487    with the conditions of permits under chapters 40E-61 and 40E-63,
488    Florida Administrative Code, have made all payments required
489    under the Everglades Program, and are in compliance with
490    subparagraph (a)8., if applicable, shall not be required to
491    implement additional water quality improvement measures, prior
492    to December 31, 2006, other than those required by subparagraph
493    2., with the following exceptions:
494          a. Nothing in this subparagraph shall limit the existing
495    authority of the department or the district to limit or regulate
496    discharges that pose a significant danger to the public health
497    and safety; and
498          b. New land uses and new stormwater management facilities
499    other than alterations to existing agricultural stormwater
500    management systems for water quality improvements shall not be
501    accorded the compliance established by this section. Permits may
502    be required to implement improvements or alterations to existing
503    agricultural water management systems.
504          4. As of December 31, 2006, all permits, including those
505    issued prior to that date, shall require implementation of
506    additional water quality measures, taking into account the water
507    quality treatment actually provided by the STAs and the
508    effectiveness of the BMPs. As of that date, no permittee's
509    discharge shall cause or contribute to any violation of water
510    quality standards in the Everglades Protection Area.
511          5. Effective immediately, landowners within the C-139
512    Basin shall not collectively exceed an annual average loading of
513    phosphorus of 28.7 metric tons based proportionately on the
514    historical rainfall for the C-139 Basin over the period of
515    October 1, 1978, to September 30, 1988. New surface inflows
516    shall not increase the annual average loading of phosphorus
517    stated above. Provided that the C-139 Basin does not exceed this
518    annual average loading, all landowners within the Basin shall be
519    in compliance for that year. Compliance determinations for
520    individual landowners within the C-139 Basin for remedial
521    action, if the Basin is determined by the district to be out of
522    compliance for that year, shall be based on the landowners'
523    proportional share of the total phosphorus loading of 28.7
524    metric tons. The total phosphorus discharge load shall be
525    determined by a method consistent with Appendix 40E-63-3,
526    Florida Administrative Code, disregarding the 25-percent
527    phosphorus reduction factor.
528          6. The district, in cooperation with the department, shall
529    develop and implement a water quality monitoring program to
530    evaluate the quality of the discharge from the C-139 Basin. Upon
531    determination by the department or the district that the C-139
532    Basin is exceeding any presently existing water quality
533    standards, the district shall require landowners within the C-
534    139 Basin to implement BMPs appropriate to the land uses within
535    the C-139 Basin consistent with subparagraph 2. Thereafter, the
536    provisions of subparagraphs 2.-4. shall apply to the landowners
537    within the C-139 Basin.
538          (g) Monitoring and control of exotic species.--
539          1. The district shall establish a biological monitoring
540    network throughout the Everglades Protection Area and shall
541    prepare a survey of exotic species at least every 2 years.
542          2. In addition, the district shall establish a program to
543    coordinate with federal, state, or other governmental entities
544    the control of continued expansion and the removal of these
545    exotic species. The district's program shall give high priority
546    to species affecting the largest areal extent within the
547    Everglades Protection Area.
548          (6) EVERGLADES AGRICULTURAL PRIVILEGE TAX.--
549          (c) The initial Everglades agricultural privilege tax roll
550    shall be certified for the tax notices mailed in November 1994.
551    Incentive credits to the Everglades agricultural privilege taxes
552    to be included on the initial Everglades agricultural privilege
553    tax roll, if any, shall be based upon the total phosphorus load
554    reduction for the year ending April 30, 1993. The Everglades
555    agricultural privilege taxes for each year shall be computed in
556    the following manner:
557          1. Annual Everglades agricultural privilege taxes shall be
558    charged for the privilege of conducting an agricultural trade or
559    business on each acre of real property or portion thereof. The
560    annual Everglades agricultural privilege tax shall be $24.89 per
561    acre for the tax notices mailed in November 1994 through
562    November 1997; $27 per acre for the tax notices mailed in
563    November 1998 through November 2001; $31 per acre for the tax
564    notices mailed in November 2002 through November 2005; and $35
565    per acre for the tax notices mailed in November 2006 through
566    November 2013.
567          2. It is the intent of the Legislature to encourage the
568    performance of best management practices to maximize the
569    reduction of phosphorus loads at points of discharge from the
570    EAA by providing an incentive credit against the Everglades
571    agricultural privilege taxes set forth in subparagraph 1. The
572    total phosphorus load reduction shall be measured for the entire
573    EAA by comparing the actual measured total phosphorus load
574    attributable to the EAA for each annual period ending on April
575    30 to the total estimated phosphorus load that would have
576    occurred during the 1979-1988 base period using the model for
577    total phosphorus load determinations provided in chapter 40E-63,
578    Florida Administrative Code, utilizing the technical information
579    and procedures contained in Section IV-EAA Period of Record Flow
580    and Phosphorus Load Calculations; Section V-Monitoring
581    Requirements; and Section VI-Phosphorus Load Allocations and
582    Compliance Calculations of the Draft Technical Document in
583    Support of chapter 40E-63, Florida Administrative Code - Works
584    of the District within the Everglades, March 3, 1992, and the
585    Standard Operating Procedures for Water Quality Collection in
586    Support of the Everglades Water Condition Report, dated February
587    18, 1994. The model estimates the total phosphorus load that
588    would have occurred during the 1979-1988 base period by
589    substituting the rainfall conditions for such annual period
590    ending April 30 for the conditions that were used to calibrate
591    the model for the 1979-1988 base period. The data utilized to
592    calculate the actual loads attributable to the EAA shall be
593    adjusted to eliminate the effect of any load and flow that were
594    not included in the 1979-1988 base period as defined in chapter
595    40E-63, Florida Administrative Code. The incorporation of the
596    method of measuring the total phosphorus load reduction provided
597    in this subparagraph is intended to provide a legislatively
598    approved aid to the governing board of the district in making an
599    annual ministerial determination of any incentive credit.
600          3. Phosphorus load reductions calculated in the manner
601    described in subparagraph 2. and rounded to the nearest whole
602    percentage point for each annual period beginning on May 1 and
603    ending on April 30 shall be used to compute incentive credits to
604    the Everglades agricultural privilege taxes to be included on
605    the annual tax notices mailed in November of the next ensuing
606    calendar year. Incentive credits, if any, will reduce the
607    Everglades agricultural privilege taxes set forth in
608    subparagraph 1. only to the extent that the phosphorus load
609    reduction exceeds 25 percent. Subject to subparagraph 4., the
610    reduction of phosphorus load by each percentage point in excess
611    of 25 percent, computed for the 12-month period ended on April
612    30 of the calendar year immediately preceding certification of
613    the Everglades agricultural privilege tax, shall result in the
614    following incentive credits: $0.33 per acre for the tax notices
615    mailed in November 1994 through November 1997; $0.54 per acre
616    for the tax notices mailed in November 1998 through November
617    2001; $0.61 per acre for the tax notices mailed in November 2002
618    through November 2005, and $0.65 per acre for the tax notices
619    mailed in November 2006 through November 2013. The determination
620    of incentive credits, if any, shall be documented by resolution
621    of the governing board of the district adopted prior to or at
622    the time of the adoption of its resolution certifying the annual
623    Everglades agricultural privilege tax roll to the appropriate
624    tax collector.
625          4. Notwithstanding subparagraph 3., incentive credits for
626    the performance of best management practices shall not reduce
627    the minimum annual Everglades agricultural privilege tax to less
628    than $24.89 per acre, which annual Everglades agricultural
629    privilege tax as adjusted in the manner required by paragraph
630    (e) shall be known as the "minimum tax." To the extent that the
631    application of incentive credits for the performance of best
632    management practices would reduce the annual Everglades
633    agricultural privilege tax to an amount less than the minimum
634    tax, then the unused or excess incentive credits for the
635    performance of best management practices shall be carried
636    forward, on a phosphorus load percentage basis, to be applied as
637    incentive credits in subsequent years. Any unused or excess
638    incentive credits remaining after certification of the
639    Everglades agricultural privilege tax roll for the tax notices
640    mailed in November 2013 shall be canceled.
641          5. Notwithstanding the schedule of Everglades agricultural
642    privilege taxes set forth in subparagraph 1., the owner, lessee,
643    or other appropriate interestholder of any property shall be
644    entitled to have the Everglades agricultural privilege tax for
645    any parcel of property reduced to the minimum tax, commencing
646    with the tax notices mailed in November 1996 for parcels of
647    property participating in the early baseline option as defined
648    in chapter 40E-63, Florida Administrative Code, and with the tax
649    notices mailed in November 1997 for parcels of property not
650    participating in the early baseline option, upon compliance with
651    the requirements set forth in this subparagraph. The owner,
652    lessee, or other appropriate interestholder shall file an
653    application with the executive director of the district prior to
654    July 1 for consideration of reduction to the minimum tax on the
655    Everglades agricultural privilege tax roll to be certified for
656    the tax notice mailed in November of the same calendar year and
657    shall have the burden of proving the reduction in phosphorus
658    load attributable to such parcel of property. The phosphorus
659    load reduction for each discharge structure serving the parcel
660    shall be measured as provided in chapter 40E-63, Florida
661    Administrative Code, and the permit issued for such property
662    pursuant to chapter 40E-63, Florida Administrative Code. A
663    parcel of property which has achieved the following annual
664    phosphorus load reduction standards shall have the minimum tax
665    included on the annual tax notice mailed in November of the next
666    ensuing calendar year: 30 percent or more for the tax notices
667    mailed in November 1994 through November 1997; 35 percent or
668    more for the tax notices mailed in November 1998 through
669    November 2001; 40 percent or more for the tax notices mailed in
670    November 2002 through November 2005; and 45 percent or more for
671    the tax notices mailed in November 2006 through November 2013.
672    In addition, any parcel of property that achieves an annual flow
673    weighted mean concentration of 50 parts per billion (ppb) of
674    phosphorus at each discharge structure serving the property for
675    any year ending April 30 shall have the minimum tax included on
676    the annual tax notice mailed in November of the next ensuing
677    calendar year. Any annual phosphorus reductions that exceed the
678    amount necessary to have the minimum tax included on the annual
679    tax notice for any parcel of property shall be carried forward
680    to the subsequent years' phosphorus load reduction to determine
681    if the minimum tax shall be included on the annual tax notice.
682    The governing board of the district shall deny or grant the
683    application by resolution adopted prior to or at the time of the
684    adoption of its resolution certifying the annual Everglades
685    agricultural privilege tax roll to the appropriate tax
686    collector.
687          6. The annual Everglades agricultural privilege tax for
688    the tax notices mailed in November 2014 and thereafter shall be
689    $10 per acre.
690          (h) In recognition of the findings set forth in subsection
691    (1), the Legislature finds that the assessment and use of the
692    Everglades agricultural privilege tax is a matter of concern to
693    all areas of Florida and the Legislature intends this act to be
694    a general law authorization of the tax within the meaning of s.
695    9, Art. VII of the State Constitution.
696          (7) C-139 AGRICULTURAL PRIVILEGE TAX.--
697          (a) There is hereby imposed an annual C-139 agricultural
698    privilege tax for the privilege of conducting an agricultural
699    trade or business on:
700          1. All real property located within the C-139 Basin that
701    is classified as agricultural under the provisions of chapter
702    193; and
703          2. Leasehold or other interests in real property located
704    within the C-139 Basin owned by the United States, the state, or
705    any agency thereof permitting the property to be used for
706    agricultural purposes in a manner that would result in such
707    property being classified as agricultural under the provisions
708    of chapter 193 if not governmentally owned, whether or not such
709    property is actually classified as agricultural under the
710    provisions of chapter 193.
711         
712          It is hereby determined by the Legislature that the privilege of
713    conducting an agricultural trade or business on such property
714    constitutes a reasonable basis for imposing the C-139
715    agricultural privilege tax and that logical differences exist
716    between the agricultural use of such property and the use of
717    other property within the C-139 Basin for residential or
718    nonagricultural commercial use. The C-139 agricultural privilege
719    tax shall constitute a lien against the property, or the
720    leasehold or other interest in governmental property permitting
721    such property to be used for agricultural purposes, described on
722    the C-139 agricultural privilege tax roll. The lien shall be in
723    effect from January 1 of the year the tax notice is mailed until
724    discharged by payment and shall be equal in rank and dignity
725    with the liens of all state, county, district, or municipal
726    taxes and non-ad valorem assessments imposed pursuant to general
727    law, special act, or local ordinance and shall be superior in
728    dignity to all other liens, titles, and claims.
729          (b) The C-139 agricultural privilege tax, other than for
730    leasehold or other interests in governmental property permitting
731    such property to be used for agricultural purposes, shall be
732    collected in the manner provided for ad valorem taxes. By
733    September 15 of each year, the governing board of the district
734    shall certify by resolution a C-139 agricultural privilege tax
735    roll on compatible electronic medium to the tax collector of
736    each county in which a portion of the C-139 Basin is located.
737    The district shall also produce one copy of the roll in printed
738    form which shall be available for inspection by the public. The
739    district shall post the C-139 agricultural privilege tax for
740    each parcel on the roll. The tax collector shall not accept any
741    such roll that is not certified on compatible electronic medium
742    and that does not contain the posting of the C-139 agricultural
743    privilege tax for each parcel. It is the responsibility of the
744    district that such rolls be free of errors and omissions.
745    Alterations to such rolls may be made by the executive director
746    of the district, or a designee, up to 10 days before
747    certification. If the tax collector or any taxpayer discovers
748    errors or omissions on such roll, such person may request the
749    district to file a corrected roll or a correction of the amount
750    of any C-139 agricultural privilege tax. Other than for
751    leasehold or other interests in governmental property permitting
752    such property to be used for agricultural purposes, C-139
753    agricultural privilege taxes collected pursuant to this section
754    shall be included in the combined notice for ad valorem taxes
755    and non-ad valorem assessments provided for in s. 197.3635. Such
756    C-139 agricultural privilege taxes shall be listed in the
757    portion of the combined notice utilized for non-ad valorem
758    assessments. A separate mailing is authorized only as a solution
759    to the most exigent factual circumstances. However, if a tax
760    collector cannot merge a C-139 agricultural privilege tax roll
761    to produce such a notice, the tax collector shall mail a
762    separate notice of C-139 agricultural privilege taxes or shall
763    direct the district to mail such a separate notice. In deciding
764    whether a separate mailing is necessary, the tax collector shall
765    consider all costs to the district and taxpayers of such a
766    separate mailing and the adverse effects to the taxpayers of
767    delayed and multiple notices. The district shall bear all costs
768    associated with any separate notice. C-139 agricultural
769    privilege taxes collected pursuant to this section shall be
770    subject to all collection provisions of chapter 197, including
771    provisions relating to discount for early payment, prepayment by
772    installment method, deferred payment, penalty for delinquent
773    payment, and issuance and sale of tax certificates and tax deeds
774    for nonpayment. C-139 agricultural privilege taxes for leasehold
775    or other interests in property owned by the United States, the
776    state, or any agency thereof permitting such property to be used
777    for agricultural purposes shall be included on the notice
778    provided pursuant to s. 196.31, a copy of which shall be
779    provided to lessees or other interestholders registering with
780    the district, and shall be collected from the lessee or other
781    appropriate interestholder and remitted to the district
782    immediately upon collection. C-139 agricultural privilege taxes
783    included on the statement provided pursuant to s. 196.31 shall
784    be due and collected on or prior to the next April 1 following
785    provision of the notice. Proceeds of the C-139 agricultural
786    privilege taxes shall be distributed by the tax collector to the
787    district. Each tax collector shall be paid a commission equal to
788    the actual cost of collection, not to exceed 2 percent, on the
789    amount of C-139 agricultural privilege taxes collected and
790    remitted. Notwithstanding any general law or special act to the
791    contrary, C-139 agricultural privilege taxes shall not be
792    included on the notice of proposed property taxes provided in s.
793    200.069.
794          (c) The initial C-139 agricultural privilege tax roll
795    shall be certified for the tax notices mailed in November 1994.
796    The C-139 agricultural privilege taxes for the tax notices
797    mailed in November 1994 through November 2013 shall be computed
798    by dividing $654,656 by the number of acres included on the C-
799    139 agricultural privilege tax roll for such year, excluding any
800    property located within the C-139 Annex. The C-139 agricultural
801    privilege taxes for the tax notices mailed in November 2014 and
802    thereafter shall be $1.80 per acre.
803          (d) For purposes of this paragraph, "vegetable acreage"
804    means, for each tax year, any portion of a parcel of property
805    used for a period of not less than 8 months for the production
806    of vegetable crops, including sweet corn, during the 12 months
807    ended September 30 of the year preceding the tax year. Land
808    preparation, crop rotation, and fallow periods shall not
809    disqualify property from classification as vegetable acreage if
810    such property is actually used for the production of vegetable
811    crops.
812          1. If either the Governor, the President of the United
813    States, or the United States Department of Agriculture declares
814    the existence of a state of emergency or disaster resulting from
815    extreme natural conditions impairing the ability of vegetable
816    acreage to produce crops, payment of the C-139 agricultural
817    privilege taxes imposed for the privilege of conducting an
818    agricultural trade or business on such property shall be
819    deferred for a period of 1 year, and all subsequent annual
820    payments shall be deferred for the same period.
821          a. If the declaration occurs between April 1 and October
822    31, the C-139 agricultural privilege tax to be included on the
823    next annual tax notice will be deferred to the subsequent annual
824    tax notice.
825          b. If the declaration occurs between November 1 and March
826    31 and the C-139 agricultural privilege tax included on the most
827    recent tax notice has not been paid, such C-139 agricultural
828    privilege tax will be deferred to the next annual tax notice.
829          c. If the declaration occurs between November 1 and March
830    31 and the C-139 agricultural privilege tax included on the most
831    recent tax notice has been paid, the C-139 agricultural
832    privilege tax to be included on the next annual tax notice will
833    be deferred to the subsequent annual tax notice.
834          2. In the event payment of C-139 agricultural privilege
835    taxes is deferred pursuant to this paragraph, the district must
836    record a notice in the official records of each county in which
837    vegetable acreage subject to such deferment is located. The
838    recorded notice must describe each parcel of property as to
839    which C-139 agricultural privilege taxes have been deferred and
840    the amount deferred for such property. If all or any portion of
841    the property as to which C-139 agricultural privilege taxes have
842    been deferred ceases to be classified as agricultural under the
843    provisions of chapter 193 or otherwise subject to the C-139
844    agricultural privilege tax, all deferred amounts must be
845    included on the tax notice for such property mailed in November
846    of the first tax year for which such property is not subject to
847    the C-139 agricultural privilege tax. After a property owner has
848    paid all outstanding C-139 agricultural privilege taxes,
849    including any deferred amounts, the district shall provide the
850    property owner with a recordable instrument evidencing the
851    payment of all outstanding amounts.
852          3. The owner, lessee, or other appropriate interestholder
853    shall file an application with the executive director of the
854    district prior to July 1 for classification of a portion of the
855    property as vegetable acreage on the C-139 agricultural
856    privilege tax roll to be certified for the tax notice mailed in
857    November of the same calendar year and shall have the burden of
858    proving the number of acres used for the production of vegetable
859    crops during the year in which incentive credits are determined
860    and the period of such use. The governing board of the district
861    shall deny or grant the application by resolution adopted prior
862    to or at the time of the adoption of its resolution certifying
863    the annual C-139 agricultural privilege tax roll to the
864    appropriate tax collector.
865          4. This paragraph does not relieve vegetable acreage from
866    the performance of best management practices specified in
867    chapter 40E-63, Florida Administrative Code.
868          (e) Any owner, lessee, or other appropriate interestholder
869    of property subject to the C-139 agricultural privilege tax may
870    contest the C-139 agricultural privilege tax by filing an action
871    in circuit court.
872          1. No action may be brought to contest the C-139
873    agricultural privilege tax after 60 days from the date the tax
874    notice that includes the C-139 agricultural privilege tax is
875    mailed by the tax collector. Before an action to contest the C-
876    139 agricultural privilege tax may be brought, the taxpayer
877    shall pay to the tax collector the amount of the C-139
878    agricultural privilege tax which the taxpayer admits in good
879    faith to be owing. The tax collector shall issue a receipt for
880    the payment and the receipt shall be filed with the complaint.
881    Payment of an C-139 agricultural privilege tax shall not be
882    deemed an admission that such tax was due and shall not
883    prejudice the right to bring a timely action to challenge such
884    tax and seek a refund. No action to contest the C-139
885    agricultural privilege tax may be maintained, and such action
886    shall be dismissed, unless all C-139 agricultural privilege
887    taxes imposed in years after the action is brought, which the
888    taxpayer in good faith admits to be owing, are paid before they
889    become delinquent. The requirements of this paragraph are
890    jurisdictional.
891          2. In any action involving a challenge of the C-139
892    agricultural privilege tax, the court shall assess all costs. If
893    the court finds that the amount of tax owed by the taxpayer is
894    greater than the amount the taxpayer has in good faith admitted
895    and paid, it shall enter judgment against the taxpayer for the
896    deficiency and for interest on the deficiency at the rate of 12
897    percent per year from the date the tax became delinquent. If it
898    finds that the amount of tax which the taxpayer has admitted to
899    be owing is grossly disproportionate to the amount of tax found
900    to be due and that the taxpayer's admission was not made in good
901    faith, the court shall also assess a penalty at the rate of 25
902    percent of the deficiency per year from the date the tax became
903    delinquent. The court may issue injunctions to restrain the sale
904    of property for any C-139 agricultural privilege tax which
905    appears to be contrary to law or equity.
906          (f) Notwithstanding any contrary provisions in chapter
907    120, or any provision of any other law, an action in circuit
908    court shall be the exclusive remedy to challenge the assessment
909    of an C-139 agricultural privilege tax and owners of property
910    subject to the C-139 agricultural privilege tax shall have no
911    right or standing to initiate administrative proceedings under
912    chapter 120 to challenge the assessment of an C-139 agricultural
913    privilege tax including specifically, and without limitation,
914    the annual certification by the district governing board of the
915    C-139 agricultural privilege tax roll to the appropriate tax
916    collector, the denial of an application for exclusion from the
917    C-139 agricultural privilege tax, and the denial of any
918    application for classification as vegetable acreage, deferment
919    of payment for vegetable acreage, or correction of any alleged
920    error in the C-139 agricultural privilege tax roll.
921          (g) In recognition of the findings set forth in subsection
922    (1), the Legislature finds that the assessment and use of the C-
923    139 agricultural privilege tax is a matter of concern to all
924    areas of Florida and the Legislature intends this section to be
925    a general law authorization of the tax within the meaning of s.
926    9, Art. VII of the State Constitution.
927          (10) LONG-TERM COMPLIANCE PERMITS.--By December 31, 2006,
928    the department and the district shall take such action as may be
929    necessary so that water delivered to the Everglades Protection
930    Area achieves state water quality standards, including the
931    phosphorus criterion, in all parts of the Everglades Protection
932    Area.
933          (a) By December 31, 2003, the district shall submit to the
934    department a permit modification to incorporate proposed changes
935    to the Everglades Construction Project and the permits issued
936    pursuant to subsection (9). These changes shall be designed to
937    achieve compliance with the phosphorus criterion and the other
938    state water quality standards by December 31, 2006.
939          (b) If the Everglades Construction Project or other
940    discharges to the Everglades Protection Area are not in
941    compliance with state water quality standards, the permit
942    application shall include:
943          1. A plan for achieving compliance with the phosphorus
944    criterion in the Everglades Protection Area.
945          2. A plan for achieving compliance in the Everglades
946    Protection Area with state water quality standards other than
947    the phosphorus criterion.
948          3. Proposed cost estimates for the plans referred to in
949    subparagraphs 1. and 2.
950          4. Proposed funding mechanisms for the plans referred to
951    in subparagraphs 1. and 2.
952          5. Proposed schedules for implementation of the plans
953    referred to in subparagraphs 1. and 2.
954          (c) If the Everglades Construction Project or other
955    discharges to the Everglades Protection Area are in compliance
956    with state water quality standards, including the phosphorus
957    criterion, the permit application shall include:
958          1. A plan for maintaining compliance with the phosphorus
959    criterion in the Everglades Protection Area.
960          2. A plan for maintaining compliance in the Everglades
961    Protection Area with state water quality standards other than
962    the phosphorus criterion.
963          (16) DEFINITION OF C-139 BASIN.-- For purposes of this
964    section:
965          (a) "C-139 Basin" or "Basin" means the following described
966    property: beginning at the intersection of an easterly extension
967    of the south bank of Deer Fence Canal with the center line of
968    South Florida Water Management District's Levee 3 in Section 33,
969    Township 46 South, Range 34 East, Hendry County, Florida;
970    thence, westerly along said easterly extension and along the
971    South bank of said Deer Fence Canal to where it intersects the
972    center line of State Road 846 in Section 33, Township 46 South,
973    Range 32 East; thence, departing from said top of bank to the
974    center line of said State Road 846, westerly along said center
975    line of said State Road 846 to the West line of Section 4,
976    Township 47 South, Range 31 East; thence, northerly along the
977    West line of said section 4, and along the west lines of
978    Sections 33 and 28, Township 46 South, Range 31 East, to the
979    northwest corner of said Section 28; thence, easterly along the
980    North line of said Section 28 to the North one-quarter (N1/4)
981    corner of said Section 28; thence, northerly along the West line
982    of the Southeast one-quarter (SE1/4) of Section 21, Township 46
983    South, Range 31 East, to the northwest corner of said Southeast
984    one-quarter (SE1/4) of Section 21; thence, easterly along the
985    North line of said Southeast one-quarter (SE1/4) of Section 21 to
986    the northeast corner of said Southeast one-quarter (SE1/4) of
987    Section 21; thence, northerly along the East line of said
988    Section 21 and the East line of Section 16, Township 46 South,
989    Range 31, East, to the northeast corner thereof; thence,
990    westerly along the North line of said Section 16, to the
991    northwest corner thereof; thence, northerly along the West line
992    of Sections 9 and 4, Township 46 South, Range 31, East, to the
993    northwest corner of said Section 4; thence, westerly along the
994    North lines of Section 5 and Section 6, Township 46 South, Range
995    31 East, to the South one-quarter (S1/4) corner of Section 31,
996    Township 45 South, Range 31 East; thence, northerly to the South
997    one-quarter (S1/4) corner of Section 30, Township 45 South, Range
998    31 East; thence, easterly along the South line of said Section
999    30 and the South lines of Sections 29 and 28, Township 45 South,
1000    Range 31 East, to the Southeast corner of said Section 28;
1001    thence, northerly along the East line of said Section 28 and the
1002    East lines of Sections 21 and 16, Township 45 South, Range 31
1003    East, to the Northwest corner of the Southwest one-quarter of
1004    the Southwest one-quarter (SW1/4 of the SW 1/4) of Section 15,
1005    Township 45 South, Range 31 East; thence, northeasterly to the
1006    east one-quarter (E1/4) corner of Section 15, Township 45 South,
1007    Range 31 East; thence, northerly along the East line of said
1008    Section 15, and the East line of Section 10, Township 45 South,
1009    Range 31 East, to the center line of a road in the Northeast
1010    one-quarter (NE1/4) of said Section 10; thence, generally
1011    easterly and northeasterly along the center line of said road to
1012    its intersection with the center line of State Road 832; thence,
1013    easterly along said center line of said State Road 832 to its
1014    intersection with the center line of State Road 833; thence,
1015    northerly along said center line of said State Road 833 to the
1016    north line of Section 9, Township 44 South, Range 32 East;
1017    thence, easterly along the North line of said Section 9 and the
1018    north lines of Sections 10, 11 and 12, Township 44 South, Range
1019    32 East, to the northeast corner of Section 12, Township 44
1020    South, Range 32 East; thence, easterly along the North line of
1021    Section 7, Township 44 South, Range 33 East, to the center line
1022    of Flaghole Drainage District Levee, as it runs to the east near
1023    the northwest corner of said Section 7, Township 44 South, Range
1024    33 East; thence, easterly along said center line of the Flaghole
1025    Drainage District Levee to where it meets the center line of
1026    South Florida Water Management District's Levee 1 at Flag Hole
1027    Road; thence, continue easterly along said center line of said
1028    Levee 1 to where it turns south near the Northwest corner of
1029    Section 12, Township 44 South, Range 33 East; thence, Southerly
1030    along said center line of said Levee 1 to where the levee turns
1031    east near the Southwest corner of said Section 12; thence,
1032    easterly along said center line of said Levee 1 to where it
1033    turns south near the Northeast corner of Section 17, Township 44
1034    South, Range 34 East; thence, southerly along said center line
1035    of said Levee 1 and the center line of South Florida Water
1036    Management District's Levee 2 to the intersection with the north
1037    line of Section 33, Township 45 South, Range 34 East; thence,
1038    easterly along the north line of said Section 33 to the
1039    northeast corner of said Section 33; thence, southerly along the
1040    east line of said Section 33 to the southeast corner of said
1041    Section 33; thence, southerly along the east line of Section 4,
1042    Township 46 South, Range 34 East to the southeast corner of said
1043    Section 4; thence, westerly along the south line of said Section
1044    4 to the intersection with the centerline of South Florida Water
1045    Management District's Levee 2; thence, southerly along said
1046    Levee 2 centerline and South Florida Water Management District's
1047    Levee 3 centerline to the POINT OF BEGINNING.
1048          (b) If the district issues permits in accordance with all
1049    applicable rules allowing water from the "C-139 Annex" to flow
1050    into the drainage system for the C-139 Basin, the C-139 Annex
1051    shall be added to the C-139 Basin for all tax years thereafter,
1052    commencing with the next C-139 agricultural privilege tax roll
1053    certified after issuance of such permits. "C-139 Annex" means
1054    the following described property: that part of the S.E. 1/4 of
1055    Section 32, Township 46 South, Range 34 East and that portion of
1056    Sections 5 and 6, Township 47 South, Range 34 East lying west of
1057    the L-3 Canal and South of the Deer Fence Canal; all of Sections
1058    7, 17, 18, 19, 20, 28, 29, 30, 31, 32, 33, and 34, and that
1059    portion of Sections 8, 9, 16, 21, 22, 26, 27, 35, and 36 lying
1060    south and west of the L-3 Canal, in Township 47 South, Range 34
1061    East; and all of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 and
1062    that portion of Section 1 lying south and west of the L-3 Canal
1063    all in Township 48 South, Range 34 East.
1064          Section 23. Effective upon becoming law, to be applied
1065    retroactively to the date upon which CS/SB 626 enacted during
1066    the 2003 Regular Session of the Legislature becomes law,
1067    notwithstanding the provisions of CS/SB 626 enacted during the
1068    2003 Regular Session of the Legislature and notwithstanding s.
1069    373.4592(16), Florida Statutes, reenacted herein, to the
1070    contrary, Sections 21, 28, and 33, Township 46 South, Range 31
1071    East shall not be included within the boundary of the C-139
1072    Basin.
1073         
1074         
1075    ================= T I T L E A M E N D M E N T =================
1076          Remove line 101, and insert:
1077          section; providing for applicability; reenacting with
1078    retroactive application s. 373.4592, F.S., without
1079    amendment, notwithstanding the provisions of CS/SB 626
1080    enacted during the 2003 Regular Session of the
1081    Legislature; providing that certain lands shall not be
1082    included within the C-139 Basin; providing for