HOUSE AMENDMENT Bill No. HB 87A
1	CHAMBER ACTION
2	Senate House
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12	Representative Gelber offered the following:
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14	Amendment (with title amendment)
15	Between lines 971 and 972, insert:
16	Section 17. 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 2. 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 66, and insert:
1077	to the Florida Forever Advisory Council; 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