HB 1855

1	A bill to be entitled
2	An act relating to natural resources; creating part IV of
3	ch. 161, F.S., consisting of ss. 161.70, 161.71, 161.72,
4	161.73, 161.74, 161.75, and 161.76, F.S.; providing
5	definitions; providing findings and intent; requiring that
6	the Department of Environmental Protection, the Fish and
7	Wildlife Conservation Commission, and the Department of
8	Agriculture and Consumer Services to establish the Florida
9	Oceans and Coastal Council; providing for membership of
10	the council; providing for the Secretary of Environmental
11	Protection and the executive director of the Fish and
12	Wildlife Conservation Commission to jointly chair the
13	council; providing responsibilities of the council;
14	requiring that the council undertake a research review;
15	providing for content and access to the review; requiring
16	the council to prepare a research plan that recommends
17	research priorities; providing for annual updates of the
18	plan; providing for distribution of the plan to the
19	Legislature; prepare an oceans and coastal resource
20	assessment; providing for contents of the assessment;
21	requiring the council to establish objectives for research
22	projects; providing for a pilot project; authorizing
23	rulemaking by the Department of Environmental Protection
24	and the Fish and Wildlife Conservation Commission;
25	preserving authority otherwise granted to the commission
26	and state agencies; amending s. 376.121, F.S.; providing
27	an alternative to the compensation schedule for
28	calculating natural resources damages; revising procedures
29	relating to damage assessment; removing a restriction on
30	amount of compensation; amending s. 380.06, F.S.; revising
31	factors for determining a substantial deviation in
32	developments of regional impact; amending s. 380.23, F.S.;
33	revising the federally licensed or permitted activities
34	subject to consistency review under the coastal management
35	program; requiring certain environmental impact reports to
36	be data and information for the state's consistency
37	reviews; amending s. 403.067, F.S.; providing that initial
38	allocation of allowable pollutant loads between point and
39	nonpoint sources may be developed as part of a total
40	maximum daily load; establishing criteria for establishing
41	initial and detailed allocations to attain pollutant
42	reductions; authorizing the Department of Environmental
43	Protection to adopt phased total maximum daily loads that
44	establish incremental total maximum daily loads under
45	certain conditions; requiring the development of basin
46	management action plans; requiring that basin management
47	action plans integrate the appropriate management
48	strategies to achieve the total maximum daily loads;
49	requiring that the plans establish a schedule for
50	implementing management strategies; requiring that a basin
51	management action plan equitably allocate pollutant
52	reductions to individual basins or to each identified
53	point source or category of nonpoint sources; authorizing
54	that plans may provide pollutant load reduction credits to
55	dischargers that have implemented strategies to reduce
56	pollutant loads prior to the development of the basin
57	management action plan; requiring that the plan identify
58	mechanisms by which potential future sources of pollution
59	will be addressed; requiring that the department assure
60	key stakeholder participation in the basin management
61	action planning process; requiring that the department
62	hold at least one public meeting to discuss and receive
63	comments during the planning process; providing notice
64	requirements; requiring that the department adopt all or
65	part of a basin management action plan by secretarial
66	order pursuant to ch. 120, F.S.; requiring that basin
67	management action plans that alter that calculation or
68	initial allocation of a total maximum daily load, the
69	revised calculation, or initial allocation must be adopted
70	by rule; requiring periodic evaluation of basin management
71	action plans; requiring that revisions to plans be made by
72	the department in cooperation with stakeholders; providing
73	for basin plan revisions regarding nonpoint pollutant
74	sources; requiring that adopted basin management action
75	plans be included in subsequent NPDES permits or permit
76	modifications; providing that implementation of a total
77	maximum daily load or basin management action plan for
78	holders of an NPDES municipal separate stormwater sewer
79	system permit may be achieved through the use of best
80	management practices; providing that basin management
81	action plans do not relieve a discharger from the
82	requirement to obtain, renew, or modify an NPDES permit or
83	to abide by other requirements of the permit; requiring
84	that plan management strategies be completed pursuant to
85	the schedule set forth in the basin management action plan
86	and providing that the implementation schedule may extend
87	beyond the term of an NPDES permit; providing that
88	management strategies and pollution reduction requirements
89	in a basin management action plan for a specific pollutant
90	of concern are not subject to a challenge under ch. 120,
91	F.S., at the time they are incorporated, in identical
92	form, into a subsequent NPDES permit or permit
93	modification; requiring timely adoption and implementation
94	of pollutant reduction actions for nonagricultural
95	pollutant sources not subject to NPDES permitting but
96	regulated pursuant to other state, regional, or local
97	regulatory programs; requiring timely implementation of
98	best management practices for nonpoint pollutant source
99	dischargers not subject to permitting at the time a basin
100	management action plan is adopted; providing for
101	presumption of compliance under certain circumstances;
102	providing for enforcement action by the department or a
103	water management district; requiring that a landowner,
104	discharger, or other responsible person that is
105	implementing management strategies specified in an adopted
106	basin management action plan will not be required by
107	permit, enforcement action, or otherwise to implement
108	additional management strategies to reduce pollutant
109	loads; providing that the authority of the department to
110	amend a basin management plan is not limited; requiring
111	that the department verify at representative sites the
112	effectiveness of interim measures, best management
113	practices, and other measures adopted by rule; requiring
114	that the department use its best professional judgment in
115	making initial verifications that best management
116	practices are not effective; requiring notice to the
117	appropriate water management district and the Department
118	of Agriculture and Consumer Services under certain
119	conditions; establishing a presumption of compliance for
120	implementation of practices initially verified to be
121	effective or verified to be effective at representative
122	sites; limiting the institution of proceedings by the
123	department against the owner of a source of pollution to
124	recover costs or damages associated with the contamination
125	of surface water or groundwater caused by those
126	pollutants; requiring the Department of Agriculture and
127	Consumer Services to institute a reevaluation of best
128	management practices or other measures where water quality
129	problems are detected or predicted during the development
130	or amendment of a basin management action plan; providing
131	for rule revisions; providing the department with
132	rulemaking authority; requiring that a report be submitted
133	to the Governor, the President of the Senate, and the
134	Speaker of the House of Representatives containing
135	recommendations on rules for pollutant trading prior to
136	the adoption of those rules; requiring that
137	recommendations be developed in cooperation with a
138	technical advisory committee containing experts in
139	pollutant trading and representatives of potentially
140	affected parties; deleting a requirement that no pollutant
141	trading program shall become effective prior to review and
142	ratification by the Legislature; amending ss. 373.4595 and
143	570.085, F.S.; correcting cross-references; providing an
144	effective date.
145
146	WHEREAS, Florida's coastline is the second longest
147	coastline of the fifty states, and
148	WHEREAS, the oceans and coastal resources of the state are
149	held in trust for the people of the state and should be
150	protected and managed for the benefit of current and future
151	generations, and
152	WHEREAS, it is imperative for the state, regional, and
153	local governments, academic and environmental communities, and
154	agricultural and fishery interests to commit to working together
155	to manage, rehabilitate, and protect Florida's oceans and
156	coastal resources, NOW, THEREFORE,
157
158	Be It Enacted by the Legislature of the State of Florida:
159
160	Section 1.  Part IV of chapter 161, Florida Statutes,
161	consisting of sections 161.70, 161.71, 161.72, 161.73, 161.74,
162	161.75, and 161.76, is created to read:
163	PART IV
164	OCEANS AND COASTAL RESOURCES MANAGEMENT ACT
165	161.70  Short title.--This part may be cited as the "Oceans
166	and Coastal Resources Act."
167	161.71  Definitions.--As used in this part, the term:
168	(1)  "Commission" means the Fish and Wildlife Conservation
169	Commission created in s. 9, Art. IV of the State Constitution.
170	(2)  "Council" means the Florida Oceans and Coastal Council
171	created by this act.
172	(3)  "Department" means the Department of Environmental
173	Protection.
174	(4)  "Executive director" means the Executive Director of
175	the Fish and Wildlife Conservation Commission.
176	(5)  "Oceans" means those waters from the mean high-water
177	line outward to the state's jurisdictional boundary and those
178	United States waters in which this state has an interest.
179	(6)  "Secretary" means the Secretary of the Department of
180	Environmental Protection.
181	161.72  Findings and intent.--
182	(1)  The Legislature finds that:
183	(a)  The oceans and coastal resources of the United States
184	are of national importance;
185	(b)  The U.S. Commission on Ocean Policy has made 212
186	recommendations and the President has responded with an Ocean
187	Action Plan to better protect and preserve our oceans;
188	(c)  Florida's ocean and coastal resources contribute
189	significantly to the state economy by supporting multiple
190	beneficial uses and a wide range of economic value that requires
191	balancing of competing considerations;
192	(d)  Florida's oceans and coastal resources comprise
193	habitats that support endangered and threatened species and
194	extraordinary marine biodiversity;
195	(e)  The coral reefs of southeast Florida and the barrier
196	reef of the Florida Keys, the only barrier reef in the United
197	States, are a national treasure and must continue to be
198	protected;
199	(f)  It is Florida's responsibility to be a national leader
200	on oceans and coastal protection;
201	(g)  It is in the state's best interest to ensure the
202	productivity and health of our oceans and coastal resources;
203	(h)  Florida's marine biodiversity at the species, natural
204	community, seascape, and regional levels must be protected by
205	restoring, rehabilitating, and maintaining the quality and
206	natural function of oceans and coastal resources through an
207	ecosystem-based management approach, as recommended by the U.S.
208	Commission on Ocean Policy;
209	(i)  The quality of our beaches and fisheries resources
210	must be protected to ensure the public health;
211	(j)  Protection must be provided to highly migratory marine
212	species, such as sea turtles and sea birds;
213	(k)  Opportunities must be increased to provide natural
214	resource-based recreation and encourage responsibility and
215	stewardship through educational opportunities;
216	(l)  Oceans and coastal research must be prioritized to
217	ensure coordination among researchers and managers and long-term
218	programs to observe, monitor, and assess oceans, and coastal
219	resources must be developed and implemented;
220	(m)  Development of coastal areas should be both
221	economically and environmentally sustainable, and inappropriate
222	growth in ecologically fragile or hazard-prone areas should be
223	discouraged; and
224	(n)  Conservation and restoration of coastal habitat could
225	be enhanced through the development of regional and local goals,
226	the institution of a program dedicated to coastal and estuarine
227	conservation, better coordination of the state's activities
228	relating to habitat, and improved research, monitoring, and
229	assessment.
230	(2)  It is the intent of the Legislature to create the
231	Oceans and Coastal Resources Council to assist the state in
232	identifying new management strategies to achieve the goal of
233	maximizing the protection and conservation of ocean and coastal
234	resources while recognizing their economic benefits.
235	(3)  It is further the intent of the Legislature that the
236	council shall encourage and support the development of creative
237	public-private partnerships, pursue opportunities to leverage
238	funds, and work in coordination with federal agencies and
239	programs to maximize opportunities for the state's receipt of
240	federal funds.
241	161.73  Composition.--The Florida Oceans and Coastal
242	Council is created within the Department of Environmental
243	Protection and shall consist of 18 members. The secretary, the
244	executive director, and the commissioner of the Department of
245	Agriculture and Consumer Services, or their designees, shall
246	serve as ex-officio members of the council. The council shall be
247	jointly chaired by the secretary and the executive director. The
248	15 voting members of the council shall be appointed, within 60
249	days after this act becomes law, in the following manner:
250	(1)  Five members shall be appointed by the Secretary of
251	the Department of Environmental Protection which will be
252	comprised of one scientist specializing in each of the following
253	fields: wetlands and watersheds; nearshore waters or estuaries;
254	offshore waters or open oceans; hydrology and aquatic systems;
255	and coastal geology or coastal erosion and shorelines.
256	(2)  Five members shall be appointed by the Executive
257	Director of the Fish and Wildlife Conservation Commission which
258	will be comprised of one scientist specializing in each of the
259	following fields:  resource management; wildlife habitat
260	management; fishery habitat management; coastal and pelagic
261	birdlife; and marine biotechnology.
262	(3)  Five members shall be appointed by the Commissioner of
263	the Department of Agriculture and Consumer Services. These
264	appointments shall be selected from a list of at least eight
265	individuals submitted to the commissioner by the Florida Ocean
266	Alliance. The individuals selected by the Florida Ocean Alliance
267	shall be chosen from the following disciplines or groups:
268	sportsfishing; ports; cruise industry; energy industry;
269	ecotourism; private marine research institutes; universities;
270	aquaculture; maritime law; commercial fisheries; socioeconomics;
271	marine science education; and environmental groups.
272	(4)  Appointments made by the secretary and executive
273	director shall be to terms of 4 years each. Appointments made by
274	the Commissioner of the Department of Agriculture and Consumer
275	Services shall be to terms of 2 years. Members shall serve until
276	their successors are appointed. Vacancies shall be filled in the
277	manner of the original appointment for the remainder of the term
278	that is vacated.
279	(5)  Members shall serve without compensation, but are
280	entitled to reimbursement of travel and per diem expenses
281	pursuant to s. 112.061, relating to completing their duties and
282	responsibilities.
283	161.74  Responsibilities.--
284	(1)  RESEARCH REVIEW.--Prior to the development of the
285	research plan the council shall review and compile the existing,
286	ongoing, and planned ocean and coastal research and monitoring
287	activities relevant to this state. Included in this review shall
288	be the "Florida's Ocean Strategies Final Report to the Governor"
289	by the Florida Governor's Oceans Committee dated June 1999. To
290	aid the council in fulfilling this requirement, all public
291	agencies must submit the information requested by the council,
292	and private research institutes are encouraged to submit
293	relevant information to the maximum extent practicable. Upon
294	receiving the information required by this subsection, the
295	council shall develop a library to serve as a repository of
296	information for use by those involved in ocean and coastal
297	research.  The council shall develop an index of this
298	information to assist researchers in accessing the information.
299	(2)  RESEARCH PLAN.--The council must complete a Florida
300	Oceans and Coastal Scientific Research Plan which shall be used
301	by the Legislature in making funding decisions. The plan must
302	recommend priorities for scientific research projects. The plan
303	must be submitted to the President of the Senate and the Speaker
304	of the House of Representatives by January 15, 2006. Thereafter,
305	annual updates to the plan must be submitted to the President of
306	the Senate and the Speaker of the House of Representatives by
307	February 1 of each year. The research projects contained in the
308	plan must meet at least one of the following objectives:
309	(a)  Exploring opportunities to improve coastal ecosystem
310	functioning and health through watershed approaches to managing
311	freshwater and improving water quality.
312	(b)  Evaluating current habitat conservation, restoring and
313	maintaining programs, and recommending improvements in the areas
314	of research, monitoring and assessment.
315	(c)  Promoting marine biomedical or biotechnology research
316	and product discovery and development to enhance Florida's
317	opportunity to maximize the beneficial uses of marine-derived
318	bioproducts and reduce negative health impacts of marine
319	organisms.
320	(d)  Creating consensus and strategies on how Florida can
321	contribute to sustainable management of ocean wildlife and
322	habitat.
323	(e)  Documenting through examination of existing and new
324	research the impact of marine and coastal debris and current
325	best practices to reduce debris.
326	(f)  Providing methods to achieve sustainable fisheries
327	through better science, governance, stock enhancements and
328	consideration of habitat and secondary impacts such as bycatch.
329	(g)  Documenting gaps in current protection strategies for
330	marine mammals.
331	(h)  Promoting research and new methods to preserve and
332	restore coral reefs and other coral communities.
333	(i)  Achieving sustainable marine aquaculture.
334	(j)  Reviewing existing and ongoing studies on preventing
335	and responding to the spread of invasive and nonnative marine
336	and estuarine species.
337	(k)  Exploring ocean-based renewable energy technologies
338	and climate change-related impacts to Florida's coastal area.
339	(l)  Enhancing science education opportunities such as
340	virtual marine technology centers.
341	(m)  Sustaining abundant birdlife and encouraging the
342	recreational and economic benefits associated with ocean and
343	coastal wildlife observation and photography.
344	(n)  Developing a statewide analysis of the economic value
345	associated with ocean and coastal resources, developing economic
346	baseline data, methodologies, and consistent measures of oceans
347	and coastal resource economic activity and value, and developing
348	reports that educate Floridians, the National Ocean Policy
349	Commission, local, state, and federal agencies and others on the
350	importance of ocean and coastal resources.
351	(3)  RESOURCE ASSESSMENT.--By December 1, 2006, the council
352	shall prepare a comprehensive oceans and coastal resource
353	assessment that shall serve as a baseline of information to be
354	used in assisting in its research plan. The resource assessment
355	must include:
356	(a)  Patterns of use of oceans and coastal resources;
357	(b)  Natural resource features, including, but not limited
358	to, habitat, bathymetry, surficial geology, circulation, and
359	tidal currents;
360	(c)  The location of current and proposed oceans and
361	coastal research and monitoring infrastructure;
362	(d)  Industrial, commercial, coastal observing system,
363	ships, subs, and recreational transit patterns; and
364	(e)  Socioeconomic trends of the state's oceans and coastal
365	resources and oceans and coastal economy.
366	161.75  Rulemaking authority.--The department and the
367	commission may adopt rules, pursuant to ss. 120.536(1) and
368	120.54, to administer this part.
369	161.76  Preservation of authority.--This part does not
370	restrict or limit the authority otherwise granted to the
371	commission, or other state agencies by law.
372	Section 2.  In order to protect, conserve, and restore
373	declining recreational fisheries, stimulate economic growth, and
374	help meet the state's seafood needs, the council created in
375	section 161.73, Florida Statutes, shall, as a pilot project to
376	demonstrate the feasibility of collaborative research efforts,
377	direct research by two or more marine science research entities
378	to evaluate the potential for inland, recirculating, and
379	aquaculture technology to produce marine species and to
380	implement new marine stock enhancement initiatives. This project
381	shall be designed to expand new aquaculture and marine stock
382	enhancement technology to include additional species and
383	evaluate the potential to successfully enhance those marine
384	stocks.  The council shall present to the Governor, the
385	President of the Senate, and the Speaker of the House of
386	Representatives the results of this research project by February
387	1, 2007.
388	Section 3.  Section 376.121, Florida Statutes, is amended
389	to read:
390	376.121  Liability for damage to natural resources.--The
391	Legislature finds that extensive damage to the state's natural
392	resources is the likely result of a pollutant discharge and that
393	it is essential that the state adequately assess and recover the
394	cost of such damage from responsible parties. It is the state's
395	goal to recover the costs of restoration from the responsible
396	parties and to restore damaged natural resources to their
397	predischarge condition. In many instances, however, restoration
398	is not technically feasible. In such instances, the state has
399	the responsibility to its citizens to recover the cost of all
400	damage to natural resources. To ensure that the public does not
401	bear a substantial loss as a result of the destruction of
402	natural resources, the procedures set out in this section shall
403	be used to assess the cost of damage to such resources. Natural
404	resources include coastal waters, wetlands, estuaries, tidal
405	flats, beaches, lands adjoining the seacoasts of the state, and
406	all living things except human beings. The Legislature
407	recognizes the difficulty historically encountered in
408	calculating the value of damaged natural resources. The value of
409	certain qualities of the state's natural resources is not
410	readily quantifiable, yet the resources and their qualities have
411	an intrinsic value to the residents of the state, and any damage
412	to natural resources and their qualities should not be dismissed
413	as nonrecoverable merely because of the difficulty in
414	quantifying their value. In order to avoid unnecessary
415	speculation and expenditure of limited resources to determine
416	these values, the Legislature hereby establishes a schedule for
417	compensation for damage to the state's natural resources and the
418	quality of said resources. As an alternative to the compensation
419	schedule described in subsections (4), (5), (6), and (9), the
420	department, when no responsible party is identified, when a
421	responsible party opts out of the formula pursuant to paragraph
422	(10)(a), or when the department conducts a cooperative damage
423	assessment with federal agencies, may use methods of calculating
424	natural resources damages in accordance with federal rules
425	implementing the Oil Pollution Act of 1990, as amended.
426	(1)  The department shall assess and recover from
427	responsible parties the compensation for the injury or
428	destruction of natural resources, including, but not limited to,
429	the death or injury of living things and damage to or
430	destruction of habitat, resulting from pollutant discharges
431	prohibited by s. 376.041. The amount of compensation and any
432	costs of assessing damage and recovering compensation received
433	by the department shall be deposited into the Florida Coastal
434	Protection Trust Fund pursuant to s. 376.12 and disbursed
435	according to subsection (11). Whoever violates, or causes to be
436	violated, s. 376.041 shall be liable to the state for damage to
437	natural resources.
438	(2)  The compensation schedule for damage to natural
439	resources is based upon the cost of restoration and the loss of
440	ecological, consumptive, intrinsic, recreational, scientific,
441	economic, aesthetic, and educational values of such injured or
442	destroyed resources. The compensation schedule takes into
443	account:
444	(a)  The volume of the discharge.
445	(b)  The characteristics of the pollutant discharged. The
446	toxicity, dispersibility, solubility, and persistence
447	characteristics of a pollutant as affects the severity of the
448	effects on the receiving environment, living things, and
449	recreational and aesthetic resources. Pollutants have varying
450	propensities to injure natural resources based upon their
451	potential exposure and effects. Exposure to natural resources is
452	determined by the dispersibility and degradability of the
453	pollutant. Effects to natural resources result from mechanical
454	injury and toxicity and include physical contamination,
455	smothering, feeding prevention, immobilization, respiratory
456	distress, direct mortality, lost recruitment of larvae and
457	juveniles killed, changes in the food web, and chronic effects
458	of sublethal levels of contaminates in tissues or the
459	environment. For purposes of the compensation schedule,
460	pollutants have been ranked for their propensity to cause injury
461	to natural resources based upon a combination of their acute
462	toxicity, mechanical injury, degradability, and dispersibility
463	characteristics on a 1-to-3 relative scale with Category 1
464	containing the pollutants with the greatest propensity to cause
465	injury to natural resources. The following pollutants are
466	categorized:
467	1.  Category 1: bunker and residual fuel.
468	2.  Category 2: waste oils, crude oil, lubricating oil,
469	asphalt, and tars.
470	3.  Category 3: hydraulic fluids, numbers 1 and 2 diesel
471	fuels, heating oil, jet aviation fuels, motor gasoline,
472	including aviation gasoline, kerosene, stationary turbine fuels,
473	ammonia and its derivatives, and chlorine and its derivatives.
474
475	The department shall adopt rules establishing the pollutant
476	category of pesticides and other pollutants as defined in s.
477	376.031 and not listed in this paragraph.
478	(c)  The type and sensitivity of natural resources affected
479	by a discharge, determined by the following factors:
480	1.  The location of a discharge. Inshore discharges are
481	discharges that occur within waters under the jurisdiction of
482	the department and within an area extending seaward from the
483	coastline of the state to a point 1 statute mile seaward of the
484	coastline. Nearshore discharges are discharges that occur more
485	than 1 statute mile, but within 3 statute miles, seaward of the
486	coastline. Offshore discharges are discharges that occur more
487	than 3 statute miles seaward of the coastline.
488	2.  The location of the discharge with respect to special
489	management areas designated because of their unique habitats;
490	living resources; recreational use; aesthetic importance; and
491	other ecological, educational, consumptive, intrinsic,
492	scientific, and economic values of the natural resources located
493	therein. Special management areas are state parks; recreation
494	areas; national parks, seashores, estuarine research reserves,
495	marine sanctuaries, wildlife refuges, and national estuary
496	program water bodies; state aquatic preserves and reserves;
497	classified shellfish harvesting areas; areas of critical state
498	concern; federally designated critical habitat for endangered or
499	threatened species; and outstanding Florida waters.
500	3.  The areal or linear extent of the natural resources
501	impacted.
502	(3)  Compensation for damage to natural resources for any
503	discharge of less than 25 gallons of gasoline or diesel fuel
504	shall be $50.
505	(4)  Compensation schedule:
506	(a)  The amount of compensation assessed under this
507	schedule is calculated by: multiplying $1 per gallon or its
508	equivalent measurement of pollutant discharged, by the number of
509	gallons or its equivalent measurement, times the location of the
510	discharge factor, times the special management area factor.
511	(b)  Added to the amount obtained in paragraph (a) is the
512	value of the observable natural resources damaged, which is
513	calculated by multiplying the areal or linear coverage of
514	impacted habitat by the corresponding habitat factor, times the
515	special management area factor.
516	(c)  The sum of paragraphs (a) and (b) is then multiplied
517	by the pollutant category factor.
518	(d)  The final damage assessment figure is the sum of the
519	amount calculated in paragraph (c) plus the compensation for
520	death of endangered or threatened species, plus the cost of
521	conducting the damage assessment as determined by the
522	department.
523	(5)(a)  The factors used in calculating the damage
524	assessment are:
525	1.  Location of discharge factor:
526	a.  Discharges that originate inshore have a factor of
527	eight. Discharges that originate nearshore have a factor of
528	five. Discharges that originate offshore have a factor of one.
529	b.  Compensation for damage to natural resources resulting
530	from discharges that originate outside of state waters but that
531	traverse the state's boundaries and therefore have an impact
532	upon the state's natural resources shall be calculated using a
533	location factor of one.
534	c.  Compensation for damage to natural resources resulting
535	from discharges of less than 10,000 gallons of pollutants which
536	originate within 100 yards of an established terminal facility
537	or point of routine pollutant transfer in a designated port
538	authority as defined in s. 315.02 shall be assessed a location
539	factor of one.
540	2.  Special management area factor: Discharges that
541	originate in special management areas described in subparagraph
542	(2)(c)2. have a factor of two. Discharges that originate outside
543	a special management area described in subparagraph (2)(c)2.
544	have a location factor of one. For discharges that originate
545	outside of a special management area but impact the natural
546	resources within a special management area, the value of the
547	natural resources damaged within the area shall be multiplied by
548	the special management area factor of two.
549	3.  Pollutant category factor: Discharges of category 1
550	pollutants have a factor of eight. Discharges of category 2
551	pollutants have a factor of four. Discharges of category 3
552	pollutants have a factor of one.
553	4.  Habitat factor: The amount of compensation for damage
554	to the natural resources of the state is established as follows:
555	a.  $10 per square foot of coral reef impacted.
556	b.  $1 per square foot of mangrove or seagrass impacted.
557	c.  $1 per linear foot of sandy beach impacted.
558	d.  $0.50 per square foot of live bottom, oyster reefs,
559	worm rock, perennial algae, saltmarsh, or freshwater tidal marsh
560	impacted.
561	e.  $0.05 per square foot of sand bottom or mud flats, or
562	combination thereof, impacted.
563	(b)  The areal and linear coverage of habitat impacted
564	shall be determined by the department using a combination of
565	field measurements, aerial photogrammetry, and satellite
566	imagery. An area is impacted when the pollutant comes in contact
567	with the habitat.
568	(6)  It is understood that a pollutant will, by its very
569	nature, result in damage to the flora and fauna of the waters of
570	the state and the adjoining land. Therefore, compensation for
571	such resources, which is difficult to calculate, is included in
572	the compensation schedule. Not included, however, in this base
573	figure is compensation for the death of endangered or threatened
574	species directly attributable to the pollutant discharged.
575	Compensation for the death of any animal designated by rule as
576	endangered by the Fish and Wildlife Conservation Commission is
577	$10,000. Compensation for the death of any animal designated by
578	rule as threatened by the Fish and Wildlife Conservation
579	Commission is $5,000. These amounts are not intended to reflect
580	the actual value of said endangered or threatened species, but
581	are included for the purposes of this section.
582	(7)  The owner or operator of the vessel or facility
583	responsible for a discharge may designate a representative or
584	agent to work with the department in assessing the amount of
585	damage to natural resources resulting from the discharge.
586	(8)  When assessing the amount of damages to natural
587	resources, the department shall be assisted, if requested by the
588	department, by representatives of other state agencies and local
589	governments that would enhance the department's damage
590	assessment. The Fish and Wildlife Conservation Commission shall
591	assist the department in the assessment of damages to wildlife
592	impacted by a pollutant discharge and shall assist the
593	department in recovering the costs of such damages.
594	(9)  Compensation for damage resulting from the discharge
595	of two or more pollutants shall be calculated for the volume of
596	each pollutant discharged. If the separate volume for each
597	pollutant discharged cannot be determined, the highest
598	multiplier for the pollutants discharged shall be applied to the
599	entire volume of the spill. Compensation for commingled
600	discharges that contact habitat shall be calculated on a
601	proportional basis of discharged volumes. The highest multiplier
602	for such commingled pollutants may only be applied if a
603	reasonable proportionality of the commingled pollutants cannot
604	be determined at the point of any contact with natural
605	resources.
606	(10)  For cases in which the department is authorized to
607	use a method of natural resources damage assessment other than
608	the compensation schedules described in subsections (4), (5),
609	(6), and (9), the department may use the methods described in
610	federal rules implementing the Oil Pollution Act of 1990, as
611	amended discharges of more than 30,000 gallons, the department
612	shall, in consultation with the Game and Fresh Water Fish
613	Commission, adopt rules by July 1, 1994, to assess compensation
614	for the damage to natural resources based upon the cost of
615	restoring, rehabilitating, replacing, or acquiring the
616	equivalent of the damaged natural resources; the diminution in
617	the value of those resources pending restoration; and the
618	reasonable cost of assessing those damages. The person
619	responsible for a discharge shall be given an opportunity to
620	consult with the department on the assessment design and
621	restoration program.
622	(a)  When a responsible party is identified and the
623	department is not conducting a cooperative damage assessment
624	with federal agencies For discharges greater than 30,000
625	gallons, the person responsible has the option to pay the amount
626	of compensation calculated pursuant to the compensation schedule
627	established in subsection (4) or pay the amount determined by a
628	damage assessment performed by the department. If the person
629	responsible for the discharge elects to have a damage assessment
630	performed, then such person shall notify the department in
631	writing of such decision within 30 15 days after identification
632	the discovery of the discharge by the department. The decision
633	to have a damage assessment performed to determine compensation
634	for a discharge shall be final; the person responsible for a
635	discharge may not later elect to use the compensation schedule
636	for computing compensation. Failure to make such notice shall
637	result in the amount of compensation for the total damage to
638	natural resources being calculated based on the compensation
639	schedule. The compensation shall be paid within 90 days after
640	receipt of a written request from the department.
641	(b)  In the event the person responsible for a discharge
642	greater than 30,000 gallons elects to have a damage assessment
643	performed, said person shall pay to the department an amount
644	equal to the compensation calculated pursuant to subsection (4)
645	for the discharge using the lesser of the volume of the
646	discharge or a volume of 30,000 gallons. The payment shall be
647	made within 90 days after receipt of a written request from the
648	department.
649	(c)  After completion of the damage assessment, the
650	department shall advise the person responsible for the discharge
651	of the amount of compensation due to the state. A credit shall
652	be given for the amount paid pursuant to paragraph (b). Payment
653	shall be made within 90 days after receipt of a written request
654	from the department. In no event shall the total compensation
655	paid pursuant to this section be less than the dollar amount
656	calculated pursuant to paragraph (b).
657	(11)(a)  Moneys recovered by the department as compensation
658	for damage to natural resources shall be expended only for the
659	following purposes:
660	1.  To the maximum extent practicable, the restoration of
661	natural resources damaged by the discharge for which
662	compensation is paid.
663	2.  Restoration of damaged resources.
664	3.  Developing restoration and enhancement techniques for
665	natural resources.
666	4.  Investigating methods for improving and refining
667	techniques for containment, abatement, and removal of pollutants
668	from the environment, especially from mangrove forests, corals,
669	seagrasses, benthic communities, rookeries, nurseries, and other
670	habitats which are unique to Florida's coastal environment.
671	5.  Developing and updating the "Sensitivity of Coastal
672	Environments and Wildlife to Spilled Oil in Florida" atlas.
673	6.  Investigating the long-term effects of pollutant
674	discharges on natural resources, including pelagic organisms,
675	critical habitats, and marine ecosystems.
676	7.  Developing an adequate wildlife rescue and
677	rehabilitation program.
678	8.  Expanding and enhancing the state's pollution
679	prevention and control education program.
680	9.  Restoring natural resources previously impacted by
681	pollutant discharges, but never completely restored.
682	10.  Funding alternative projects selected by the Board of
683	Trustees of the Internal Improvement Trust Fund. Any such
684	project shall be selected on the basis of its anticipated
685	benefits to the marine natural resources available to the
686	residents of this state who previously benefited from the
687	injured or destroyed nonrestorable natural resources.
688	(b)  All interest earned from investment of moneys
689	recovered by the department for damage to natural resources
690	shall be expended only for the activities described in paragraph
691	(a).
692	(c)  The person or parties responsible for a discharge for
693	which the department has requested compensation for damage
694	pursuant to this section shall pay the department, within 90
695	days after receipt of the request, the entire amount due to the
696	state. In the event that payment is not made within the 90 days,
697	the person or parties are liable for interest on the outstanding
698	balance, which interest shall be calculated at the rate
699	prescribed under s. 55.03.
700	(12)  Any determination or assessment of damage to natural
701	resources for the purposes of this section by the department in
702	accordance with the compensation sections or in accordance with
703	the rules adopted under subsection (10) shall have the force and
704	effect of rebuttable presumption on behalf of the department in
705	any administrative or judicial proceeding.
706	(13)  There shall be no double recovery under this law for
707	natural resource damage resulting from a discharge, including
708	the costs of damage assessment or restoration, rehabilitation,
709	replacement, or acquisition for the same incident and natural
710	resource. The department shall meet with and develop memoranda
711	of understanding with appropriate federal trustees as defined in
712	Pub. L. No. 101-380 (Oil Pollution Act of 1990) to provide
713	further assurances of no double recovery.
714	(14)  The department must review the amount of compensation
715	assessed pursuant to the damage assessment formula established
716	in this section and report its findings to the 1995 Legislature.
717	Thereafter, the department must conduct such a review and report
718	its findings to the Legislature biennially.
719	(15)  The department shall adopt rules necessary or
720	convenient for carrying out the duties, obligations, powers, and
721	responsibilities set forth in this section.
722	Section 4.  Paragraph (b) of subsection (19) of section
723	380.06, Florida Statutes, is amended to read:
724	380.06  Developments of regional impact.--
725	(19)  SUBSTANTIAL DEVIATIONS.--
726	(b)  Any proposed change to a previously approved
727	development of regional impact or development order condition
728	which, either individually or cumulatively with other changes,
729	exceeds any of the following criteria shall constitute a
730	substantial deviation and shall cause the development to be
731	subject to further development-of-regional-impact review without
732	the necessity for a finding of same by the local government:
733	1.  An increase in the number of parking spaces at an
734	attraction or recreational facility by 5 percent or 300 spaces,
735	whichever is greater, or an increase in the number of spectators
736	that may be accommodated at such a facility by 5 percent or
737	1,000 spectators, whichever is greater.
738	2.  A new runway, a new terminal facility, a 25-percent
739	lengthening of an existing runway, or a 25-percent increase in
740	the number of gates of an existing terminal, but only if the
741	increase adds at least three additional gates. However, if an
742	airport is located in two counties, a 10-percent lengthening of
743	an existing runway or a 20-percent increase in the number of
744	gates of an existing terminal is the applicable criteria.
745	3.  An increase in the number of hospital beds by 5
746	percent or 60 beds, whichever is greater.
747	4.  An increase in industrial development area by 5
748	percent or 32 acres, whichever is greater.
749	5.  An increase in the average annual acreage mined by 5
750	percent or 10 acres, whichever is greater, or an increase in the
751	average daily water consumption by a mining operation by 5
752	percent or 300,000 gallons, whichever is greater. An increase in
753	the size of the mine by 5 percent or 750 acres, whichever is
754	less. An increase in the size of a heavy mineral mine as defined
755	in s. 378.403(7) will only constitute a substantial deviation if
756	the average annual acreage mined is more than 500 acres and
757	consumes more than 3 million gallons of water per day.
758	6.  An increase in land area for office development by 5
759	percent or an increase of gross floor area of office development
760	by 5 percent or 60,000 gross square feet, whichever is greater.
761	7.  An increase in the storage capacity for chemical or
762	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
763	million pounds, whichever is greater.
764	8.  An increase of development at a waterport of wet
765	storage for 20 watercraft, dry storage for 30 watercraft, or
766	wet/dry storage for 60 watercraft in an area identified in the
767	state marina siting plan as an appropriate site for additional
768	waterport development or a 5-percent increase in watercraft
769	storage capacity, whichever is greater.
770	9.  An increase in the number of dwelling units by 5
771	percent or 50 dwelling units, whichever is greater.
772	10.  An increase in commercial development by 50,000
773	square feet of gross floor area or of parking spaces provided
774	for customers for 300 cars or a 5-percent increase of either of
775	these, whichever is greater.
776	11.  An increase in hotel or motel facility units by 5
777	percent or 75 units, whichever is greater.
778	12.  An increase in a recreational vehicle park area by 5
779	percent or 100 vehicle spaces, whichever is less.
780	13.  A decrease in the area set aside for open space of 5
781	percent or 20 acres, whichever is less.
782	14.  A proposed increase to an approved multiuse
783	development of regional impact where the sum of the increases of
784	each land use as a percentage of the applicable substantial
785	deviation criteria is equal to or exceeds 100 percent. The
786	percentage of any decrease in the amount of open space shall be
787	treated as an increase for purposes of determining when 100
788	percent has been reached or exceeded.
789	15.  A 15-percent increase in the number of external
790	vehicle trips generated by the development above that which was
791	projected during the original development-of-regional-impact
792	review.
793	16.  Any change which would result in development of any
794	area which was specifically set aside in the application for
795	development approval or in the development order for
796	preservation or special protection of endangered or threatened
797	plants or animals designated as endangered, threatened, or
798	species of special concern and their habitat, primary dunes, or
799	archaeological and historical sites designated as significant by
800	the Division of Historical Resources of the Department of State.
801	The further refinement of such areas by survey shall be
802	considered under sub-subparagraph (e)5.b.
803
804	The substantial deviation numerical standards in subparagraphs
805	4., 6., 10., 14., excluding residential uses, and 15., are
806	increased by 100 percent for a project certified under s.
807	403.973 which creates jobs and meets criteria established by the
808	Office of Tourism, Trade, and Economic Development as to its
809	impact on an area's economy, employment, and prevailing wage and
810	skill levels. The substantial deviation numerical standards in
811	subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
812	percent for a project located wholly within an urban infill and
813	redevelopment area designated on the applicable adopted local
814	comprehensive plan future land use map and not located within
815	the coastal high hazard area.
816	Section 5.  Subsections (3) and (4) of section 380.23,
817	Florida Statutes, are amended to read:
818	380.23  Federal consistency.--
819	(3)  Consistency review shall be limited to review of the
820	following activities, uses, and projects to ensure that such
821	activities, and uses, and projects are conducted in accordance
822	with the state's coastal management program:
823	(a)  Federal development projects and activities of
824	federal agencies which significantly affect coastal waters and
825	the adjacent shorelands of the state.
826	(b)  Federal assistance projects that which significantly
827	affect coastal waters and the adjacent shorelands of the state
828	and that which are reviewed as part of the review process
829	developed pursuant to Presidential Executive Order 12372.
830	(c)  Federally licensed or permitted activities affecting
831	land or water uses when such activities are in or seaward of the
832	jurisdiction of local governments required to develop a coastal
833	zone protection element as provided in s. 380.24 and when such
834	activities involve:
835	1.  Permits and licenses required under the Rivers and
836	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
837	2.  Permits and licenses required under the Marine
838	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
839	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
840	3.  Permits and licenses required under the Federal Water
841	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
842	amended, unless such permitting activities have been delegated
843	to the state pursuant to said act.
844	4.  Permits and licenses relating to the transportation of
845	hazardous substance materials or transportation and dumping
846	which are issued pursuant to the Hazardous Materials
847	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
848	33 U.S.C. s. 1321, as amended.
849	5.  Permits and licenses required under 15 U.S.C. ss. 717-
850	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
851	1331-1356 for construction and operation of interstate gas
852	pipelines and storage facilities.
853	6.  Permits and licenses required for the siting and
854	construction of any new electrical power plants as defined in s.
855	403.503(12), as amended, and the licensing and relicensing of
856	hydroelectric power plants under the Federal Power Act, 16
857	U.S.C. ss. 791a et seq., as amended.
858	7.  Permits and licenses required under the Mining Law of
859	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
860	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
861	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
862	amended; the Federal Land Policy and Management Act, 43 U.S.C.
863	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
864	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
865	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
866	pipelines, geological and geophysical activities, or rights-of-
867	way on public lands and permits and licenses required under the
868	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
869	amended for drilling and mining on public lands.
870	8.  Permits and licenses for areas leased under the OCS
871	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
872	leases and approvals of exploration, development, and production
873	plans.
874	9.  Permits for pipeline rights-of-way for oil and gas
875	transmissions.
876	9.10.  Permits and licenses required under the for
877	Deepwater Port Act of 1974, ports under 33 U.S.C. ss. 1501 et
878	seq. s. 1503, as amended.
879	10.11.  Permits required for the taking of marine mammals
880	under the Marine Mammal Protection Act of 1972, as amended, 16
881	U.S.C. s. 1374.
882	(d)  Federal activities within the territorial limits of
883	neighboring states when the Governor and the department
884	determine that significant individual or cumulative impact to
885	the land or water resources of the state would result from the
886	activities.
887	(4)  The department may is authorized to adopt rules
888	establishing procedures for conducting consistency reviews of
889	activities, uses, and projects for which consistency review is
890	required pursuant to subsections (1), (2), and (3). Such rules
891	shall include procedures for the expeditious handling of
892	emergency repairs to existing facilities for which consistency
893	review is required. The department may is also authorized to
894	adopt rules prescribing the data and  information needed for the
895	review of consistency certifications and determinations. When an
896	environmental impact statement or environmental assessment
897	required by the National Environmental Policy Act has been
898	prepared for a specific activity, use, or project subject to
899	federal consistency review under this section, the environmental
900	impact statement or environmental assessment shall be data and
901	information necessary for the state's consistency review of that
902	federal activity, use, or project under this section.
903	Section 6.  Paragraph (d) of subsection (2) and subsections
904	(6), (7), (8), and (11) of section 403.067, Florida Statutes,
905	are amended to read:
906	403.067  Establishment and implementation of total maximum
907	daily loads.--
908	(2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance
909	with s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
910	U.S.C. ss. 1251 et seq., the department must submit periodically
911	to the United States Environmental Protection Agency a list of
912	surface waters or segments for which total maximum daily load
913	assessments will be conducted. The assessments shall evaluate
914	the water quality conditions of the listed waters and, if such
915	waters are determined not to meet water quality standards, total
916	maximum daily loads shall be established, subject to the
917	provisions of subsection (4). The department shall establish a
918	priority ranking and schedule for analyzing such waters.
919	(d)  If the department proposes to implement total maximum
920	daily load calculations or allocations established prior to the
921	effective date of this act, the department shall adopt those
922	calculations and allocations by rule by the secretary pursuant
923	to ss. 120.536(1) and 120.54 and paragraph (6)(c) (6)(d).
924	(6)  CALCULATION AND ALLOCATION.--
925	(a)  Calculation of total maximum daily load.
926	1.  Prior to developing a total maximum daily load
927	calculation for each water body or water body segment on the
928	list specified in subsection (4), the department shall
929	coordinate with applicable local governments, water management
930	districts, the Department of Agriculture and Consumer Services,
931	other appropriate state agencies, local soil and water
932	conservation districts, environmental groups, regulated
933	interests, and affected pollution sources to determine the
934	information required, accepted methods of data collection and
935	analysis, and quality control/quality assurance requirements.
936	The analysis may include mathematical water quality modeling
937	using approved procedures and methods.
938	2.  The department shall develop total maximum daily load
939	calculations for each water body or water body segment on the
940	list described in subsection (4) according to the priority
941	ranking and schedule unless the impairment of such waters is due
942	solely to activities other than point and nonpoint sources of
943	pollution. For waters determined to be impaired due solely to
944	factors other than point and nonpoint sources of pollution, no
945	total maximum daily load will be required. A total maximum daily
946	load may be required for those waters that are impaired
947	predominantly due to activities other than point and nonpoint
948	sources. The total maximum daily load calculation shall
949	establish the amount of a pollutant that a water body or water
950	body segment may receive from all sources without exceeding
951	water quality standards, and shall account for seasonal
952	variations and include a margin of safety that takes into
953	account any lack of knowledge concerning the relationship
954	between effluent limitations and water quality. The total
955	maximum daily load may be based on a pollutant load reduction
956	goal developed by a water management district, provided that
957	such pollutant load reduction goal is promulgated by the
958	department in accordance with the procedural and substantive
959	requirements of this subsection.
960	(b)  Allocation of total maximum daily loads. The total
961	maximum daily loads shall include establishment of reasonable
962	and equitable allocations of the total maximum daily load
963	between or among point and nonpoint sources that will alone, or
964	in conjunction with other management and restoration activities,
965	provide for the attainment of the pollutant reductions
966	established pursuant to paragraph (a) to achieve water quality
967	standards for the pollutant causing impairment water quality
968	standards and the restoration of impaired waters. The
969	allocations may establish the maximum amount of the water
970	pollutant from a given source or category of sources that may be
971	discharged or released into the water body or water body segment
972	in combination with other discharges or releases. Allocations
973	may also be made to individual basins and sources or as a whole
974	to all basins and sources or categories of sources of inflow to
975	the water body or water body segments. An initial allocation of
976	allowable pollutant loads among point and nonpoint sources may
977	be developed as part of the total maximum daily load. However,
978	in such cases, the detailed allocation to specific point sources
979	and specific categories of nonpoint sources shall be established
980	in the basin management action plan pursuant to subsection (7).
981	The initial and detailed allocations shall be designed to attain
982	the pollutant reductions established pursuant to paragraph (a)
983	water quality standards and shall be based on consideration of
984	the following:
985	1.  Existing treatment levels and management practices;
986	2.  Best management practices established and implemented
987	pursuant to paragraph (7)(c);
988	3.  Enforceable treatment levels established pursuant to
989	state or local law or permit;
990	4.2.  Differing impacts pollutant sources and forms of
991	pollutant may have on water quality;
992	5.3.  The availability of treatment technologies,
993	management practices, or other pollutant reduction measures;
994	6.4.  Environmental, economic, and technological
995	feasibility of achieving the allocation;
996	7.5.  The cost benefit associated with achieving the
997	allocation;
998	8.6.  Reasonable timeframes for implementation;
999	9.7.  Potential applicability of any moderating provisions
1000	such as variances, exemptions, and mixing zones; and
1001	10.8.  The extent to which nonattainment of water quality
1002	standards is caused by pollution sources outside of Florida,
1003	discharges that have ceased, or alterations to water bodies
1004	prior to the date of this act.
1005	(c)  Not later than February 1, 2001, the department shall
1006	submit a report to the Governor, the President of the Senate,
1007	and the Speaker of the House of Representatives containing
1008	recommendations, including draft legislation, for any
1009	modifications to the process for allocating total maximum daily
1010	loads, including the relationship between allocations and the
1011	watershed or basin management planning process. Such
1012	recommendations shall be developed by the department in
1013	cooperation with a technical advisory committee which includes
1014	representatives of affected parties, environmental
1015	organizations, water management districts, and other appropriate
1016	local, state, and federal government agencies. The technical
1017	advisory committee shall also include such members as may be
1018	designated by the President of the Senate and the Speaker of the
1019	House of Representatives.
1020	(c)(d)  Adoption of rules. The total maximum daily load
1021	calculations and allocations established under this subsection
1022	for each water body or water body segment shall be adopted by
1023	rule by the secretary pursuant to ss. 120.536(1), 120.54, and
1024	403.805. Where additional data collection and analysis are
1025	needed to increase the scientific precision and accuracy of the
1026	total maximum daily load, the department is authorized to adopt
1027	phased total maximum daily loads that are subject to change as
1028	additional data becomes available. Where phased total maximum
1029	daily loads are proposed, the department shall, in the detailed
1030	statement of facts and circumstances justifying the rule,
1031	explain why the data are inadequate so as to justify a phased
1032	total maximum daily load. The rules adopted pursuant to this
1033	paragraph shall not be subject to approval by the Environmental
1034	Regulation Commission. As part of the rule development process,
1035	the department shall hold at least one public workshop in the
1036	vicinity of the water body or water body segment for which the
1037	total maximum daily load is being developed. Notice of the
1038	public workshop shall be published not less than 5 days nor more
1039	than 15 days before the public workshop in a newspaper of
1040	general circulation in the county or counties containing the
1041	water bodies or water body segments for which the total maximum
1042	daily load calculation and allocation are being developed.
1043	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1044	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
1045	(a)  Basin management action plans.--
1046	1.  In developing and implementing the total maximum daily
1047	load for a water body, the department, or the department in
1048	conjunction with a water management district, may develop a
1049	basin management action plan that addresses some or all of the
1050	watersheds and basins tributary to the water body. Such a plan
1051	shall integrate the appropriate management strategies available
1052	to the state through existing water quality protection programs
1053	to achieve the total maximum daily loads and may provide for
1054	phased implementation of these management strategies to promote
1055	timely, cost-effective actions as provided for in s. 403.151.
1056	The plan shall establish a schedule for implementing the
1057	management strategies, establish a basis for evaluating the
1058	plan's effectiveness, and identify feasible funding strategies
1059	for implementing the plan's management strategies. The
1060	management strategies may include regional treatment systems or
1061	other public works, where appropriate, to achieve the needed
1062	pollutant load reductions.
1063	2.  A basin management action plan shall equitably
1064	allocate, pursuant to paragraph (6)(b), pollutant reductions to
1065	individual basins, as a whole to all basins, or to each
1066	identified point source or category of nonpoint sources, as
1067	appropriate. For nonpoint sources for which best management
1068	practices have been adopted, the initial requirement specified
1069	by the plan shall be those practices developed pursuant to
1070	paragraph (c). Where appropriate, the plan may provide
1071	pollutant-load-reduction credits to dischargers that have
1072	implemented management strategies to reduce pollutant loads,
1073	including best management practices, prior to the development of
1074	the basin management action plan. The plan shall also identify
1075	the mechanisms by which potential future increases in pollutant
1076	loading will be addressed.
1077	3.  The basin management action planning process is
1078	intended to involve the broadest possible range of interested
1079	parties, with the objective of encouraging the greatest amount
1080	of cooperation and consensus possible. In developing a basin
1081	management action plan, the department shall assure that key
1082	stakeholders, including, but not limited to, applicable local
1083	governments, water management districts, the Department of
1084	Agriculture and Consumer Services, other appropriate state
1085	agencies, local soil and water conservation districts,
1086	environmental groups, regulated interests, and affected
1087	pollution sources, are invited to participate in the process.
1088	The department shall hold at least one public meeting in the
1089	vicinity of the watershed or basin to discuss and receive
1090	comments during the planning process and shall otherwise
1091	encourage public participation to the greatest practicable
1092	extent. Notice of the public meeting shall be published in a
1093	newspaper of general circulation in each county in which the
1094	watershed or basin lies not less than 5 days nor more than 15
1095	days before the public meeting. A basin management action plan
1096	shall not supplant or otherwise alter any assessment made under
1097	subsection (3) or subsection (4) or any calculation or initial
1098	allocation.
1099	4.  The department shall adopt all or any part of a basin
1100	management action plan by secretarial order pursuant to chapter
1101	120 to implement the provisions of this section.
1102	5.  The basin management action plan shall include
1103	milestones for implementation and water quality improvement, and
1104	an associated water quality monitoring component sufficient to
1105	evaluate whether reasonable progress in pollutant load
1106	reductions is being achieved over time. An assessment of
1107	progress toward these milestones shall be conducted every 5
1108	years, and revisions to the plan shall be made as appropriate.
1109	Revisions to the basin management action plan shall be made by
1110	the department in cooperation with basin stakeholders. Revisions
1111	to the management strategies required for nonpoint sources shall
1112	follow the procedures set forth in subparagraph (c)4. Revised
1113	basin management action plans shall be adopted pursuant to
1114	subparagraph 4.
1115	(b)(a)  Total maximum daily load implementation.--
1116	1.  The department shall be the lead agency in coordinating
1117	the implementation of the total maximum daily loads through
1118	existing water quality protection programs. Application of a
1119	total maximum daily load by a water management district shall be
1120	consistent with this section and shall not require the issuance
1121	of an order or a separate action pursuant to s. 120.536(1) or s.
1122	120.54 for adoption of the calculation and allocation previously
1123	established by the department. Such programs may include, but
1124	are not limited to:
1125	a.1.  Permitting and other existing regulatory programs,
1126	including water-quality-based effluent limitations;
1127	b.2.  Nonregulatory and incentive-based programs, including
1128	best management practices, cost sharing, waste minimization,
1129	pollution prevention, agreements established pursuant to s.
1130	403.061(21), and public education;
1131	c.3.  Other water quality management and restoration
1132	activities, for example surface water improvement and management
1133	plans approved by water management districts or watershed or
1134	basin management action plans developed pursuant to this
1135	subsection;
1136	d.4.  Pollutant trading or other equitable economically
1137	based agreements;
1138	e.5.  Public works including capital facilities; or
1139	f.6.  Land acquisition.
1140	2.  For a basin management action plan adopted pursuant to
1141	subparagraph (a)4., any management strategies and pollutant
1142	reduction requirements associated with a pollutant of concern
1143	for which a total maximum daily load has been developed,
1144	including effluent limits set forth for a discharger subject to
1145	NPDES permitting, if any, shall be included in a timely manner
1146	in subsequent NPDES permits or permit modifications for that
1147	discharger. The department shall not impose limits or conditions
1148	implementing an adopted total maximum daily load in an NPDES
1149	permit until the permit expires, the discharge is modified, or
1150	the permit is reopened pursuant to an adopted basin management
1151	action plan.
1152	a.  Absent a detailed allocation, total maximum daily loads
1153	shall be implemented through NPDES permit conditions that afford
1154	a compliance schedule.  In such instances, a facility's NPDES
1155	permit shall allow time for the issuance of an order adopting
1156	the basin management action plan. The time allowed for the
1157	issuance of an order adopting the plan shall not exceed five
1158	years. Upon issuance of an order adopting the plan, the permit
1159	shall be reopened, as necessary, and permit conditions
1160	consistent with the plan shall be established.  Notwithstanding
1161	the other provisions of this subparagraph, upon request by a
1162	NPDES permittee, the department as part of a permit issuance,
1163	renewal or modification may establish individual allocations
1164	prior to the adoption of a basin management action plan.
1165	b.  For holders of NPDES municipal separate storm sewer
1166	system permits and other stormwater sources, implementation of a
1167	total maximum daily load or basin management action plan shall
1168	be achieved, to the maximum extent practicable, through the use
1169	of best management practices or other management measures.
1170	c.  The basin management action plan does not relieve the
1171	discharger from any requirement to obtain, renew, or modify an
1172	NPDES permit or to abide by other requirements of the permit.
1173	d.  Management strategies set forth in a basin management
1174	action plan to be implemented by a discharger subject to
1175	permitting by the department shall be completed pursuant to the
1176	schedule set forth in the basin management action plan. This
1177	implementation schedule may extend beyond the 5-year term of an
1178	NPDES permit.
1179	e.  Management strategies and pollution reduction
1180	requirements set forth in a basin management action plan for a
1181	specific pollutant of concern shall not be subject to challenge
1182	under chapter 120 at the time they are incorporated, in an
1183	identical form, into a subsequent NPDES permit or permit
1184	modification.
1185	f.  For nonagricultural pollutant sources not subject to
1186	NPDES permitting but permitted pursuant to other state,
1187	regional, or local water quality programs, the pollutant
1188	reduction actions adopted in a basin management action plan
1189	shall be implemented to the maximum extent practicable as part
1190	of those permitting programs.
1191	g.  A nonpoint source discharger included in a basin
1192	management action plan shall demonstrate compliance with the
1193	pollutant reductions established pursuant to subsection (6) by
1194	either implementing the appropriate best management practices
1195	established pursuant to paragraph (c) or conducting water
1196	quality monitoring prescribed by the department or a water
1197	management district.
1198	h.  A nonpoint source discharger included in a basin
1199	management action plan may be subject to enforcement action by
1200	the department or a water management district based upon a
1201	failure to implement the responsibilities set forth in sub-
1202	subparagraph g.
1203	i.  A landowner, discharger, or other responsible person
1204	who is implementing applicable management strategies specified
1205	in an adopted basin management action plan shall not be required
1206	by permit, enforcement action, or otherwise to implement
1207	additional management strategies to reduce pollutant loads to
1208	attain the pollutant reductions established pursuant to
1209	subsection (6) and shall be deemed to be in compliance with this
1210	section. This subparagraph does not limit the authority of the
1211	department to amend a basin management action plan as specified
1212	in subparagraph (a)5.
1213	(b)  In developing and implementing the total maximum daily
1214	load for a water body, the department, or the department in
1215	conjunction with a water management district, may develop a
1216	watershed or basin management plan that addresses some or all of
1217	the watersheds and basins tributary to the water body. These
1218	plans will serve to fully integrate the management strategies
1219	available to the state for the purpose of implementing the total
1220	maximum daily loads and achieving water quality restoration. The
1221	watershed or basin management planning process is intended to
1222	involve the broadest possible range of interested parties, with
1223	the objective of encouraging the greatest amount of cooperation
1224	and consensus possible. The department or water management
1225	district shall hold at least one public meeting in the vicinity
1226	of the watershed or basin to discuss and receive comments during
1227	the planning process and shall otherwise encourage public
1228	participation to the greatest practical extent. Notice of the
1229	public meeting shall be published in a newspaper of general
1230	circulation in each county in which the watershed or basin lies
1231	not less than 5 days nor more than 15 days before the public
1232	meeting. A watershed or basin management plan shall not supplant
1233	or otherwise alter any assessment made under s. 403.086(3) and
1234	(4), or any calculation or allocation made under s. 403.086(6).
1235	(c)  Best management practices.--
1236	1.  The department, in cooperation with the water
1237	management districts and other interested parties, as
1238	appropriate, may develop suitable interim measures, best
1239	management practices, or other measures necessary to achieve the
1240	level of pollution reduction established by the department for
1241	nonagricultural nonpoint pollutant sources in allocations
1242	developed pursuant to subsection (6) and this subsection
1243	paragraph (6)(b). These practices and measures may be adopted by
1244	rule by the department and the water management districts
1245	pursuant to ss. 120.536(1) and 120.54, and, where adopted by
1246	rule, shall may be implemented by those parties responsible for
1247	nonagricultural nonpoint source pollution pollutant sources and
1248	the department and the water management districts shall assist
1249	with implementation. Where interim measures, best management
1250	practices, or other measures are adopted by rule, the
1251	effectiveness of such practices in achieving the levels of
1252	pollution reduction established in allocations developed by the
1253	department pursuant to paragraph (6)(b) shall be verified by the
1254	department. Implementation, in accordance with applicable rules,
1255	of practices that have been verified by the department to be
1256	effective at representative sites shall provide a presumption of
1257	compliance with state water quality standards and release from
1258	the provisions of s. 376.307(5) for those pollutants addressed
1259	by the practices, and the department is not authorized to
1260	institute proceedings against the owner of the source of
1261	pollution to recover costs or damages associated with the
1262	contamination of surface or ground water caused by those
1263	pollutants. Such rules shall also incorporate provisions for a
1264	notice of intent to implement the practices and a system to
1265	assure the implementation of the practices, including
1266	recordkeeping requirements. Where water quality problems are
1267	detected despite the appropriate implementation, operation, and
1268	maintenance of best management practices and other measures
1269	according to rules adopted under this paragraph, the department
1270	or the water management districts shall institute a reevaluation
1271	of the best management practice or other measures.
1272	2.(d)1.  The Department of Agriculture and Consumer
1273	Services may develop and adopt by rule pursuant to ss.
1274	120.536(1) and 120.54 suitable interim measures, best management
1275	practices, or other measures necessary to achieve the level of
1276	pollution reduction established by the department for
1277	agricultural pollutant sources in allocations developed pursuant
1278	to subsection (6) and this subsection paragraph (6)(b). These
1279	practices and measures may be implemented by those parties
1280	responsible for agricultural pollutant sources and the
1281	department, the water management districts, and the Department
1282	of Agriculture and Consumer Services shall assist with
1283	implementation. Where interim measures, best management
1284	practices, or other measures are adopted by rule, the
1285	effectiveness of such practices in achieving the levels of
1286	pollution reduction established in allocations developed by the
1287	department pursuant to paragraph (6)(b) shall be verified by the
1288	department.  Implementation, in accordance with applicable
1289	rules, of practices that have been verified by the department to
1290	be effective at representative sites shall provide a presumption
1291	of compliance with state water quality standards and release
1292	from the provisions of s. 376.307(5) for those pollutants
1293	addressed by the practices, and the department is not authorized
1294	to institute proceedings against the owner of the source of
1295	pollution to recover costs or damages associated with the
1296	contamination of surface or ground water caused by those
1297	pollutants. In the process of developing and adopting rules for
1298	interim measures, best management practices, or other measures,
1299	the Department of Agriculture and Consumer Services shall
1300	consult with the department, the Department of Health, the water
1301	management districts, representatives from affected farming
1302	groups, and environmental group representatives. Such rules
1303	shall also incorporate provisions for a notice of intent to
1304	implement the practices and a system to assure the
1305	implementation of the practices, including recordkeeping
1306	requirements. Where water quality problems are detected despite
1307	the appropriate implementation, operation, and maintenance of
1308	best management practices and other measures according to rules
1309	adopted under this paragraph, the Department of Agriculture and
1310	Consumer Services shall institute a reevaluation of the best
1311	management practice or other measure.
1312	3.  Where interim measures, best management practices, or
1313	other measures are adopted by rule, the effectiveness of such
1314	practices in achieving the levels of pollution reduction
1315	established in allocations developed by the department pursuant
1316	to subsection (6) and this subsection shall be verified at
1317	representative sites by the department. The department shall use
1318	best professional judgment in making the initial verification
1319	that the best management practices are effective and, where
1320	applicable, shall notify the appropriate water management
1321	district and the Department of Agriculture and Consumer Services
1322	of its initial verification prior to the adoption of a rule
1323	proposed pursuant to this paragraph. Implementation, in
1324	accordance with rules adopted under this paragraph, of practices
1325	that have been initially verified to be effective, or verified
1326	to be effective by monitoring at representative sites, by the
1327	department, shall provide a presumption of compliance with state
1328	water quality standards and release from the provisions of s.
1329	376.307(5) for those pollutants addressed by the practices, and
1330	the department is not authorized to institute proceedings
1331	against the owner of the source of pollution to recover costs or
1332	damages associated with the contamination of surface water or
1333	groundwater caused by those pollutants.
1334	4.  Where water quality problems are demonstrated, despite
1335	the appropriate implementation, operation, and maintenance of
1336	best management practices and other measures according to rules
1337	adopted under this paragraph, the department, a water management
1338	district, or the Department of Agriculture and Consumer
1339	Services, in consultation with the department, shall institute a
1340	reevaluation of the best management practice or other measure.
1341	Should the reevaluation determine that the best management
1342	practice or other measure requires modification, the department,
1343	a water management district, or the Department of Agriculture
1344	and Consumer Services, as appropriate, shall revise the rule to
1345	require implementation of the modified practice within a
1346	reasonable time period as specified in the rule.
1347	5.2.  Individual agricultural records relating to processes
1348	or methods of production, or relating to costs of production,
1349	profits, or other financial information which are otherwise not
1350	public records, which are reported to the Department of
1351	Agriculture and Consumer Services pursuant to subparagraphs 3.
1352	and 4. this paragraph or pursuant to any rule adopted pursuant
1353	to subparagraph 2. this paragraph shall be confidential and
1354	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1355	Constitution. Upon request of the department or any water
1356	management district, the Department of Agriculture and Consumer
1357	Services shall make such individual agricultural records
1358	available to that agency, provided that the confidentiality
1359	specified by this subparagraph for such records is maintained.
1360	This subparagraph is subject to the Open Government Sunset
1361	Review Act of 1995 in accordance with s. 119.15, and shall stand
1362	repealed on October 2, 2006, unless reviewed and saved from
1363	repeal through reenactment by the Legislature.
1364	6.(e)  The provisions of subparagraphs 1. and 2. paragraphs
1365	(c) and (d) shall not preclude the department or water
1366	management district from requiring compliance with water quality
1367	standards or with current best management practice requirements
1368	set forth in any applicable regulatory program authorized by law
1369	for the purpose of protecting water quality. Additionally,
1370	subparagraphs 1. and 2. paragraphs (c) and (d) are applicable
1371	only to the extent that they do not conflict with any rules
1372	adopted promulgated by the department that are necessary to
1373	maintain a federally delegated or approved program.
1374	(8)  RULES.--The department is authorized to adopt rules
1375	pursuant to ss. 120.536(1) and  120.54 for:
1376	(a)  Delisting water bodies or water body segments from the
1377	list developed under subsection (4) pursuant to the guidance
1378	under subsection (5);
1379	(b)  Administration of funds to implement the total maximum
1380	daily load and basin management action planning programs
1381	program;
1382	(c)  Procedures for pollutant trading among the pollutant
1383	sources to a water body or water body segment, including a
1384	mechanism for the issuance and tracking of pollutant credits.
1385	Such procedures may be implemented through permits or other
1386	authorizations and must be legally binding. Prior to adopting
1387	rules for pollutant trading under this paragraph, and no later
1388	than November 30, 2006, the Department of Environmental
1389	Protection shall submit a report to the Governor, the President
1390	of the Senate, and the Speaker of the House of Representatives
1391	containing recommendations on such rules, including the proposed
1392	basis for equitable economically based agreements and the
1393	tracking and accounting of pollution credits or other similar
1394	mechanisms. Such recommendations shall be developed in
1395	cooperation with a technical advisory committee that includes
1396	experts in pollutant trading and representatives of potentially
1397	affected parties; No rule implementing a pollutant trading
1398	program shall become effective prior to review and ratification
1399	by the Legislature; and
1400	(d)  The total maximum daily load calculation in accordance
1401	with paragraph (6)(a) immediately upon the effective date of
1402	this act, for those eight water segments within Lake Okeechobee
1403	proper as submitted to the United States Environmental
1404	Protection Agency pursuant to subsection (2); and.
1405	(e)  Implementation of other specific provisions.
1406	(11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
1407	(a)  The department shall not implement, without prior
1408	legislative approval, any additional regulatory authority
1409	pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
1410	130, if such implementation would result in water quality
1411	discharge regulation of activities not currently subject to
1412	regulation.
1413	(b)  Interim measures, best management practices, or other
1414	measures may be developed and voluntarily implemented pursuant
1415	to subparagraphs paragraph (7)(c) 1. and 2. or paragraph (7)(d)
1416	for any water body or segment for which a total maximum daily
1417	load or allocation has not been established. The implementation
1418	of such pollution control programs may be considered by the
1419	department in the determination made pursuant to subsection (4).
1420	Section 7.  Paragraph (c) of subsection (3) of section
1421	373.4595, Florida Statutes, is amended to read:
1422	373.4595  Lake Okeechobee Protection Program.--
1423	(3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
1424	program for Lake Okeechobee that achieves phosphorus load
1425	reductions for Lake Okeechobee shall be immediately implemented
1426	as specified in this subsection. The program shall address the
1427	reduction of phosphorus loading to the lake from both internal
1428	and external sources. Phosphorus load reductions shall be
1429	achieved through a phased program of implementation. Initial
1430	implementation actions shall be technology-based, based upon a
1431	consideration of both the availability of appropriate technology
1432	and the cost of such technology, and shall include phosphorus
1433	reduction measures at both the source and the regional level.
1434	The initial phase of phosphorus load reductions shall be based
1435	upon the district's Technical Publication 81-2 and the
1436	district's WOD program, with subsequent phases of phosphorus
1437	load reductions based upon the total maximum daily loads
1438	established in accordance with s. 403.067. In the development
1439	and administration of the Lake Okeechobee Protection Program,
1440	the coordinating agencies shall maximize opportunities provided
1441	by federal cost-sharing programs and opportunities for
1442	partnerships with the private sector.
1443	(c)  Lake Okeechobee Watershed Phosphorus Control Program.-
1444	-The Lake Okeechobee Watershed Phosphorus Control Program is
1445	designed to be a multifaceted approach to reducing phosphorus
1446	loads by improving the management of phosphorus sources within
1447	the Lake Okeechobee watershed through continued implementation
1448	of existing regulations and best management practices,
1449	development and implementation of improved best management
1450	practices, improvement and restoration of the hydrologic
1451	function of natural and managed systems, and utilization of
1452	alternative technologies for nutrient reduction. The
1453	coordinating agencies shall facilitate the application of
1454	federal programs that offer opportunities for water quality
1455	treatment, including preservation, restoration, or creation of
1456	wetlands on agricultural lands.
1457	1.  Agricultural nonpoint source best management practices,
1458	developed in accordance with s. 403.067 and designed to achieve
1459	the objectives of the Lake Okeechobee Protection Program, shall
1460	be implemented on an expedited basis. By March 1, 2001, the
1461	coordinating agencies shall develop an interagency agreement
1462	pursuant to ss. 373.046 and 373.406(5) that assures the
1463	development of best management practices that complement
1464	existing regulatory programs and specifies how those best
1465	management practices are implemented and verified. The
1466	interagency agreement shall address measures to be taken by the
1467	coordinating agencies during any best management practice
1468	reevaluation performed pursuant to sub-subparagraph d. The
1469	department shall use best professional judgment in making the
1470	initial determination of best management practice effectiveness.
1471	a.  As provided in s. 403.067(7)(c) s. 403.067(7)(d), by
1472	October 1, 2000, the Department of Agriculture and Consumer
1473	Services, in consultation with the department, the district, and
1474	affected parties, shall initiate rule development for interim
1475	measures, best management practices, conservation plans,
1476	nutrient management plans, or other measures necessary for Lake
1477	Okeechobee phosphorus load reduction. The rule shall include
1478	thresholds for requiring conservation and nutrient management
1479	plans and criteria for the contents of such plans. Development
1480	of agricultural nonpoint source best management practices shall
1481	initially focus on those priority basins listed in subparagraph
1482	(b)1. The Department of Agriculture and Consumer Services, in
1483	consultation with the department, the district, and affected
1484	parties, shall conduct an ongoing program for improvement of
1485	existing and development of new interim measures or best
1486	management practices for the purpose of adoption of such
1487	practices by rule.
1488	b.  Where agricultural nonpoint source best management
1489	practices or interim measures have been adopted by rule of the
1490	Department of Agriculture and Consumer Services, the owner or
1491	operator of an agricultural nonpoint source addressed by such
1492	rule shall either implement interim measures or best management
1493	practices or demonstrate compliance with the district's WOD
1494	program by conducting monitoring prescribed by the department or
1495	the district. Owners or operators of agricultural nonpoint
1496	sources who implement interim measures or best management
1497	practices adopted by rule of the Department of Agriculture and
1498	Consumer Services shall be subject to the provisions of s.
1499	403.067(7). The Department of Agriculture and Consumer Services,
1500	in cooperation with the department and the district, shall
1501	provide technical and financial assistance for implementation of
1502	agricultural best management practices, subject to the
1503	availability of funds.
1504	c.  The district or department shall conduct monitoring at
1505	representative sites to verify the effectiveness of agricultural
1506	nonpoint source best management practices.
1507	d.  Where water quality problems are detected for
1508	agricultural nonpoint sources despite the appropriate
1509	implementation of adopted best management practices, the
1510	Department of Agriculture and Consumer Services, in consultation
1511	with the other coordinating agencies and affected parties, shall
1512	institute a reevaluation of the best management practices and
1513	make appropriate changes to the rule adopting best management
1514	practices.
1515	2.  Nonagricultural nonpoint source best management
1516	practices, developed in accordance with s. 403.067 and designed
1517	to achieve the objectives of the Lake Okeechobee Protection
1518	Program, shall be implemented on an expedited basis. By March 1,
1519	2001, the department and the district shall develop an
1520	interagency agreement pursuant to ss. 373.046 and 373.406(5)
1521	that assures the development of best management practices that
1522	complement existing regulatory programs and specifies how those
1523	best management practices are implemented and verified. The
1524	interagency agreement shall address measures to be taken by the
1525	department and the district during any best management practice
1526	reevaluation performed pursuant to sub-subparagraph d.
1527	a.  The department and the district are directed to work
1528	with the University of Florida's Institute of Food and
1529	Agricultural Sciences to develop appropriate nutrient
1530	application rates for all nonagricultural soil amendments in the
1531	watershed. As provided in s. 403.067(7)(c), by January 1, 2001,
1532	the department, in consultation with the district and affected
1533	parties, shall develop interim measures, best management
1534	practices, or other measures necessary for Lake Okeechobee
1535	phosphorus load reduction. Development of nonagricultural
1536	nonpoint source best management practices shall initially focus
1537	on those priority basins listed in subparagraph (b)1. The
1538	department, the district, and affected parties shall conduct an
1539	ongoing program for improvement of existing and development of
1540	new interim measures or best management practices. The district
1541	shall adopt technology-based standards under the district's WOD
1542	program for nonagricultural nonpoint sources of phosphorus.
1543	b.  Where nonagricultural nonpoint source best management
1544	practices or interim measures have been developed by the
1545	department and adopted by the district, the owner or operator of
1546	a nonagricultural nonpoint source shall implement interim
1547	measures or best management practices and be subject to the
1548	provisions of s. 403.067(7). The department and district shall
1549	provide technical and financial assistance for implementation of
1550	nonagricultural nonpoint source best management practices,
1551	subject to the availability of funds.
1552	c.  The district or the department shall conduct monitoring
1553	at representative sites to verify the effectiveness of
1554	nonagricultural nonpoint source best management practices.
1555	d.  Where water quality problems are detected for
1556	nonagricultural nonpoint sources despite the appropriate
1557	implementation of adopted best management practices, the
1558	department and the district shall institute a reevaluation of
1559	the best management practices.
1560	3.  The provisions of subparagraphs 1. and 2. shall not
1561	preclude the department or the district from requiring
1562	compliance with water quality standards or with current best
1563	management practices requirements set forth in any applicable
1564	regulatory program authorized by law for the purpose of
1565	protecting water quality. Additionally, subparagraphs 1. and 2.
1566	are applicable only to the extent that they do not conflict with
1567	any rules promulgated by the department that are necessary to
1568	maintain a federally delegated or approved program.
1569	4.  Projects which reduce the phosphorus load originating
1570	from domestic wastewater systems within the Lake Okeechobee
1571	watershed shall be given funding priority in the department's
1572	revolving loan program under s. 403.1835. The department shall
1573	coordinate and provide assistance to those local governments
1574	seeking financial assistance for such priority projects.
1575	5.  Projects that make use of private lands, or lands held
1576	in trust for Indian tribes, to reduce nutrient loadings or
1577	concentrations within a basin by one or more of the following
1578	methods: restoring the natural hydrology of the basin, restoring
1579	wildlife habitat or impacted wetlands, reducing peak flows after
1580	storm events, increasing aquifer recharge, or protecting range
1581	and timberland from conversion to development, are eligible for
1582	grants available under this section from the coordinating
1583	agencies.  For projects of otherwise equal priority, special
1584	funding priority will be given to those projects that make best
1585	use of the methods outlined above that involve public-private
1586	partnerships or that obtain federal match money. Preference
1587	ranking above the special funding priority will be given to
1588	projects located in a rural area of critical economic concern
1589	designated by the Governor. Grant applications may be submitted
1590	by any person or tribal entity, and eligible projects may
1591	include, but are not limited to, the purchase of conservation
1592	and flowage easements, hydrologic restoration of wetlands,
1593	creating treatment wetlands, development of a management plan
1594	for natural resources, and financial support to implement a
1595	management plan.
1596	6.a.  The department shall require all entities disposing
1597	of domestic wastewater residuals within the Lake Okeechobee
1598	watershed and the remaining areas of Okeechobee, Glades, and
1599	Hendry Counties to develop and submit to the department an
1600	agricultural use plan that limits applications based upon
1601	phosphorus loading. By July 1, 2005, phosphorus concentrations
1602	originating from these application sites shall not exceed the
1603	limits established in the district's WOD program.
1604	b.  Private and government-owned utilities within Monroe,
1605	Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
1606	Okeechobee, Highlands, Hendry, and Glades Counties that dispose
1607	of wastewater residual sludge from utility operations and septic
1608	removal by land spreading in the Lake Okeechobee watershed may
1609	use a line item on local sewer rates to cover wastewater
1610	residual treatment and disposal if such disposal and treatment
1611	is done by approved alternative treatment methodology at a
1612	facility located within the areas designated by the Governor as
1613	rural areas of critical economic concern pursuant to s.
1614	288.0656. This additional line item is an environmental
1615	protection disposal fee above the present sewer rate and shall
1616	not be considered a part of the present sewer rate to customers,
1617	notwithstanding provisions to the contrary in chapter 367. The
1618	fee shall be established by the county commission or its
1619	designated assignee in the county in which the alternative
1620	method treatment facility is located. The fee shall be
1621	calculated to be no higher than that necessary to recover the
1622	facility's prudent cost of providing the service. Upon request
1623	by an affected county commission, the Florida Public Service
1624	Commission will provide assistance in establishing the fee.
1625	Further, for utilities and utility authorities that use the
1626	additional line item environmental protection disposal fee, such
1627	fee shall not be considered a rate increase under the rules of
1628	the Public Service Commission and shall be exempt from such
1629	rules. Utilities using the provisions of this section may
1630	immediately include in their sewer invoicing the new
1631	environmental protection disposal fee. Proceeds from this
1632	environmental protection disposal fee shall be used for
1633	treatment and disposal of wastewater residuals, including any
1634	treatment technology that helps reduce the volume of residuals
1635	that require final disposal, but such proceeds shall not be used
1636	for transportation or shipment costs for disposal or any costs
1637	relating to the land application of residuals in the Lake
1638	Okeechobee watershed.
1639	c.  No less frequently than once every 3 years, the Florida
1640	Public Service Commission or the county commission through the
1641	services of an independent auditor shall perform a financial
1642	audit of all facilities receiving compensation from an
1643	environmental protection disposal fee. The Florida Public
1644	Service Commission or the county commission through the services
1645	of an independent auditor shall also perform an audit of the
1646	methodology used in establishing the environmental protection
1647	disposal fee. The Florida Public Service Commission or the
1648	county commission shall, within 120 days after completion of an
1649	audit, file the audit report with the President of the Senate
1650	and the Speaker of the House of Representatives and shall
1651	provide copies to the county commissions of the counties set
1652	forth in sub-subparagraph b. The books and records of any
1653	facilities receiving compensation from an environmental
1654	protection disposal fee shall be open to the Florida Public
1655	Service Commission and the Auditor General for review upon
1656	request.
1657	7.  The Department of Health shall require all entities
1658	disposing of septage within the Lake Okeechobee watershed and
1659	the remaining areas of Okeechobee, Glades, and Hendry Counties
1660	to develop and submit to that agency, by July 1, 2003, an
1661	agricultural use plan that limits applications based upon
1662	phosphorus loading.  By July 1, 2005, phosphorus concentrations
1663	originating from these application sites shall not exceed the
1664	limits established in the district's WOD program.
1665	8.  The Department of Agriculture and Consumer Services
1666	shall initiate rulemaking requiring entities within the Lake
1667	Okeechobee watershed and the remaining areas of Okeechobee,
1668	Glades, and Hendry Counties which land-apply animal manure to
1669	develop conservation or nutrient management plans that limit
1670	application, based upon phosphorus loading. Such rules may
1671	include criteria and thresholds for the requirement to develop a
1672	conservation or nutrient management plan, requirements for plan
1673	approval, and recordkeeping requirements.
1674	9.  Prior to authorizing a discharge into works of the
1675	district, the district shall require responsible parties to
1676	demonstrate that proposed changes in land use will not result in
1677	increased phosphorus loading over that of existing land uses.
1678	10.  The district, the department, or the Department of
1679	Agriculture and Consumer Services, as appropriate, shall
1680	implement those alternative nutrient reduction technologies
1681	determined to be feasible pursuant to subparagraph (d)6.
1682	Section 8.  Subsection (1) of section 570.085, Florida
1683	Statutes, is amended to read:
1684	570.085  Department of Agriculture and Consumer Services;
1685	agricultural water conservation.--The department shall establish
1686	an agricultural water conservation program that includes the
1687	following:
1688	(1)  A cost-share program, coordinated where appropriate
1689	with the United States Department of Agriculture and other
1690	federal, state, regional, and local agencies, for irrigation
1691	system retrofit and application of mobile irrigation laboratory
1692	evaluations for water conservation as provided in this section
1693	and, where applicable, for water quality improvement pursuant to
1694	s. 403.067(7)(c) s. 403.067(7)(d).
1695	Section 9.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.