Senate Bill sb2462
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Florida Senate - 2005 SB 2462
By Senator Atwater
25-726-05
1 A bill to be entitled
2 An act relating to water resource planning and
3 reporting; amending s. 373.036, F.S.; deleting
4 a requirement for a water management district
5 to use an inventory of groundwater resource
6 availability information in its district plan;
7 authorizing the governing board of each water
8 management district to substitute a strategic
9 plan for a water management plan and a water
10 resource development 5-year work program
11 otherwise required; providing criteria for the
12 substitute plan; providing for consolidation of
13 specified reports, plans, or accountings
14 required of water management districts into an
15 annual report; providing for distribution of
16 the consolidated annual district report;
17 authorizing inclusion of information in the
18 consolidated report; providing for the format
19 of the consolidated report; requiring the
20 consolidated report of the South Florida Water
21 Management District to include additional
22 specified plans, reports, and accountings;
23 repealing s. 373.0395, F.S., relating to an
24 inventory of groundwater resource availability
25 by each district, which regional planning
26 councils, counties, and municipalities must
27 review and reflect in local comprehensive
28 planning; amending s. 373.0397, F.S.;
29 eliminating a requirement that notice of a
30 public hearing on designation of prime
31 groundwater recharge areas to the Floridan and
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1 Biscayne aquifers by the governing board of the
2 South Florida Water Management District be
3 published upon preparation of the inventory of
4 groundwater resource availability, to conform;
5 amending s. 11.80, F.S.; revising the deadline
6 for a report on implementation of the
7 Everglades Forever Act by the South Florida
8 Water Management District; including such
9 report in the consolidated annual report;
10 amending s. 373.042, F.S.; revising the
11 deadline for a report by each district on the
12 priority list and schedule for minimum flows
13 and levels of certain waters; eliminating
14 requirement that the list and schedule be
15 published in the Florida Administrative Weekly;
16 including the report in the consolidated annual
17 report; amending s. 373.145, F.S.; eliminating
18 a requirement that the districts distribute
19 information regarding conditions of major
20 surface and groundwater sources and suggested
21 conservation practices at least every 6 months;
22 requiring that the districts distribute such
23 information to the public, the members of the
24 Legislature, and the media; eliminating a
25 requirement that each district distribute such
26 information in its geographic area; amending s.
27 373.1961, F.S.; revising the deadline for a
28 report by each district regarding dispersal of
29 moneys or facilities to water providers and
30 users to develop alternative water supplies;
31 including the report in the consolidated annual
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1 report; amending s. 373.199, F.S.; revising the
2 deadline for a report by each district
3 regarding acquisitions under or modifications
4 to its Florida Forever 5-year work plan;
5 including the report in the consolidated annual
6 report; amending s. 373.207, F.S.; eliminating
7 a requirement that each district provide an
8 annual report of its work plan regarding
9 abandoned artesian wells to the Department of
10 Environmental Protection; amending s. 373.414,
11 F.S.; revising the deadline and reporting
12 period for a report by the districts and the
13 Department of Environmental Protection
14 regarding projects or donations to mitigate
15 wetland impacts; including the report in the
16 consolidated annual report; amending s.
17 373.4592, F.S.; revising the deadline for a
18 report on the Everglades research and
19 monitoring program by the South Florida Water
20 Management District and the Department of
21 Environmental Protection; revising the deadline
22 for a report by the South Florida Water
23 Management District regarding implementation of
24 provisions regarding Everglades improvement and
25 management; including such reports, and an
26 accounting required of the South Florida Water
27 Management District regarding moneys used for
28 the Everglades Construction project, in the
29 district's consolidated annual report; amending
30 s. 373.45926, F.S; including a report by the
31 South Florida Water Management District
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1 regarding expenditures from the Everglades
2 Trust Fund in the district's consolidated
3 annual report; amending s. 373.4595, F.S.;
4 revising the deadline for a report on
5 implementation of the Lake Okeechobee
6 Protection Program by the South Florida Water
7 Management District; including the report in
8 the district's consolidated annual report;
9 amending s. 373.470, F.S.; revising the
10 deadline for a report by the South Florida
11 Water Management District regarding financial
12 commitments and implementation of a plan
13 relating to Everglades restoration; including
14 the report in the district's consolidated
15 report; amending s. 373.536, F.S.; revising the
16 deadline for reports by each district regarding
17 its 5-year capital improvements plan and its
18 5-year water resource development work program;
19 including the reports in each district's
20 consolidated annual report; revising the
21 deadline for review by the Department of
22 Environmental Protection of each district's
23 5-year water resource development work plan;
24 directing the Department of Environmental
25 Protection, in consultation with the districts,
26 to recommend additional reforms or
27 consolidations of planning and reporting
28 requirements; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (b) of subsection (2) of section
2 373.036, Florida Statutes, is amended, paragraph (e) is added
3 to that subsection, and subsection (7) is added to that
4 section, to read:
5 373.036 Florida water plan; district water management
6 plans.--
7 (2) DISTRICT WATER MANAGEMENT PLANS.--
8 (b) The district water management plan shall include,
9 but not be limited to:
10 1. The scientific methodologies for establishing
11 minimum flows and levels under s. 373.042, and all established
12 minimum flows and levels.
13 2. Identification of one or more water supply planning
14 regions that singly or together encompass the entire district.
15 3. Technical data and information prepared under s.
16 ss. 373.0391 and 373.0395.
17 4. A districtwide water supply assessment, to be
18 completed no later than July 1, 1998, which determines for
19 each water supply planning region:
20 a. Existing legal uses, reasonably anticipated future
21 needs, and existing and reasonably anticipated sources of
22 water and conservation efforts; and
23 b. Whether existing and reasonably anticipated sources
24 of water and conservation efforts are adequate to supply water
25 for all existing legal uses and reasonably anticipated future
26 needs and to sustain the water resources and related natural
27 systems.
28 5. Any completed regional water supply plans.
29 (e) A governing board may develop and submit an annual
30 strategic plan to substitute for the district water management
31 district plan required in subsection (2) and the final 5-year
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1 water resource development work program required by s.
2 373.536(6), if the substitute plan:
3 1. Establishes the water management district's
4 strategic priorities for a future period that includes, at
5 minimum, 5 years;
6 2. Identifies the goals, strategies, success
7 indicators, funding sources, deliverables, and milestones to
8 accomplish such strategic purposes;
9 3. Was developed following a process that includes at
10 least one publicly noticed meeting to allow timely public
11 input before finalization of the plan; and
12 4. Includes separately, as an addendum, an annual work
13 plan report on the implementation of the strategic plan for
14 the previous fiscal year, addressing success indicators,
15 deliverables, and milestones.
16 (7)(a) By March 1, 2006, and annually thereafter, each
17 water management district shall prepare and submit to the
18 department, the Governor, the President of the Senate, and the
19 Speaker of the House of Representatives a consolidated water
20 management district annual report on the management of water
21 resources. Each district must provide a copy to each chair of
22 any legislative committees having substantive or fiscal
23 jurisdiction over the districts and to the governing board of
24 each county within that district's boundaries or which derives
25 any funds from operations of the district. Each district must
26 also make copies available to the public in printed or
27 electronic format.
28 (b) The consolidated water management district annual
29 report must contain the following elements, as appropriate to
30 the water management district that prepares the report:
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1 1. The annual report of a district water management
2 plan required, or the option for the annual substitute
3 strategic plan allowed, by s. 373.036(2).
4 2. The district priority list and schedule regarding
5 minimum flows and levels of certain waters which have been
6 approved under s. 373.042(2) by the department.
7 3. The annual 5-year capital improvements plan
8 required by s. 373.536(6).
9 4. The final annual 5-year water resource development
10 work program required by s. 373.536(6).
11 5. The annual report accounting for dispersals
12 regarding alternative water supply system projects as required
13 by s. 373.1961(2).
14 6. The annual report of modifications or additions to
15 the Florida Forever Water Management District Work Plan and
16 acquisitions completed under that plan as required by s.
17 373.199(7).
18 7. The report of wetland mitigation projects or cash
19 donations accepted for wetland mitigation as required by s.
20 373.414(1).
21 (c) Each of the elements in paragraph (b) must be
22 addressed in a separate chapter in the consolidated annual
23 report, although information common to more than one of these
24 elements may be consolidated as deemed appropriate by the
25 water management district that prepares the consolidated
26 report.
27 (d) Each water management district may include in the
28 consolidated annual report such additional information on the
29 status or management of water resources within the district as
30 it deems appropriate.
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1 (e) In addition to the elements specified in paragraph
2 (b), the South Florida Water Management District shall include
3 in its consolidated annual report the following elements:
4 1. The annual progress report regarding the Lake
5 Okeechobee Protection Program required by s. 373.4595(3)(g);
6 2. The annual report regarding the Everglades research
7 and monitoring program required by s. 373.4592(4)(d), the
8 annual progress report regarding the Everglades required by s.
9 373.4592(13), and the separate accounting required by s.
10 373.4592(14);
11 3. The annual report regarding Everglades restoration
12 required by s. 373.470(7);
13 4. The annual report on the status of restoration
14 required by s. 373.470(7);
15 5. The annual report on the status of implementation
16 of the Everglades Forever Act required by s. 11.80; and
17 6. The report regarding expenditures from the
18 Everglades Trust Fund required by s. 373.45926(3).
19 Section 2. Section 373.0395, Florida Statutes, is
20 repealed.
21 Section 3. Section 373.0397, Florida Statutes, is
22 amended to read:
23 373.0397 Floridan and Biscayne aquifers; designation
24 of prime groundwater recharge areas.--Upon preparation of an
25 inventory of prime groundwater recharge areas for the Floridan
26 or Biscayne aquifers as a part of the requirements of s.
27 373.0395(3), but prior to adoption by the governing board, the
28 water management district shall publish a legal notice of
29 public hearing on the designated areas for the Floridan and
30 Biscayne aquifers, with a map delineating the boundaries of
31 the areas, in newspapers defined in chapter 50 as having
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1 general circulation within the area to be affected. The
2 notice shall be at least one-fourth page and shall read as
3 follows:
4
5 NOTICE OF PRIME RECHARGE
6 AREA DESIGNATION
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8 The ...(name of taxing authority)... proposes to
9 designate specific land areas as areas of prime recharge to
10 the ...(name of aquifer)... Aquifer.
11 All concerned citizens are invited to attend a public
12 hearing on the proposed designation to be held on ...(date and
13 time)... at ...(meeting place)....
14 A map of the affected areas follows.
15
16 The governing board of the water management district shall
17 adopt a designation of prime groundwater recharge areas to the
18 Floridan and Biscayne aquifers by rule within 120 days after
19 the public hearing, subject to the provisions of chapter 120.
20 Section 4. Subsection (4) of section 11.80, Florida
21 Statutes, is amended to read:
22 11.80 Joint Legislative Committee on Everglades
23 Oversight.--
24 (4) Annually, no later than March January 1, the South
25 Florida Water Management District shall report to the Joint
26 Legislative Committee on Everglades Oversight, as part of the
27 consolidated annual report required by s. 373.036(7), on the
28 status of the implementation of the Everglades Forever Act.
29 Such report shall include, but is not limited to:
30 (a) Progress on the Everglades Construction Project.
31 (b) Changes to the Everglades Construction Project.
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1 (c) Actual revenues, compared to projected revenues.
2 (d) Projected acquisition costs, construction costs,
3 operation and maintenance costs, and projected revenues, over
4 the succeeding 5 years.
5 Section 5. Subsection (2) of section 373.042, Florida
6 Statutes, is amended to read:
7 373.042 Minimum flows and levels.--
8 (2) By November 15, 1997, and annually thereafter,
9 each water management district shall submit to the department
10 for review and approval a priority list and schedule for the
11 establishment of minimum flows and levels for surface
12 watercourses, aquifers, and surface waters within the
13 district. The priority list shall also identify those water
14 bodies for which the district will voluntarily undertake
15 independent scientific peer review. By March 1, 2006 January
16 1, 1998, and annually thereafter, each water management
17 district shall include publish its approved priority list and
18 schedule in the consolidated annual report required by s.
19 373.036(7) Florida Administrative Weekly. The priority list
20 shall be based upon the importance of the waters to the state
21 or region and the existence of or potential for significant
22 harm to the water resources or ecology of the state or region,
23 and shall include those waters which are experiencing or may
24 reasonably be expected to experience adverse impacts. By
25 January 1, 2003, Each water management district's priority
26 list and schedule shall include all first magnitude springs,
27 and all second magnitude springs within state or federally
28 owned lands purchased for conservation purposes. The specific
29 schedule for establishment of spring minimum flows and levels
30 shall be commensurate with the existing or potential threat to
31 spring flow from consumptive uses. Springs within the Suwannee
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1 River Water Management District, or second magnitude springs
2 in other areas of the state, need not be included on the
3 priority list if the water management district submits a
4 report to the Department of Environmental Protection
5 demonstrating that adverse impacts are not now occurring nor
6 are reasonably expected to occur from consumptive uses during
7 the next 20 years. The priority list and schedule shall not
8 be subject to any proceeding pursuant to chapter 120. Except
9 as provided in subsection (3), the development of a priority
10 list and compliance with the schedule for the establishment of
11 minimum flows and levels pursuant to this subsection shall
12 satisfy the requirements of subsection (1).
13 Section 6. Section 373.145, Florida Statutes, is
14 amended to read:
15 373.145 Information program regarding hydrologic
16 conditioning and consumption of major surface and groundwater
17 sources.--In order to aid in the development of a better
18 understanding of the unique surface and groundwater resources
19 of this state, the water management districts shall develop an
20 information program designed to provide information concerning
21 existing hydrologic conditions of major surface and
22 groundwater sources in this state and suggestions for good
23 conservation practices within those areas. The program shall
24 be developed by December 31, 2002. The districts shall use the
25 most efficient means to regularly distribute the information
26 developed pursuant to this section to members of the Florida
27 Legislature, the media, and the public Beginning January 1,
28 2003, and on a regular basis no less than every 6 months
29 thereafter, the information developed pursuant to this section
30 shall be distributed to every member of the Florida Senate and
31 the Florida House of Representatives and to local print and
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1 broadcast news organizations. Each water management district
2 shall be responsible for the distribution of this information
3 within its established geographic area.
4 Section 7. Paragraph (k) of subsection (2) of section
5 373.1961, Florida Statutes, is amended to read:
6 373.1961 Water production.--
7 (2) The Legislature finds that, due to a combination
8 of factors, vastly increased demands have been placed on
9 natural supplies of fresh water, and that, absent increased
10 development of alternative water supplies, such demands may
11 increase in the future. The Legislature also finds that
12 potential exists in the state for the production of
13 significant quantities of alternative water supplies,
14 including reclaimed water, and that water production includes
15 the development of alternative water supplies, including
16 reclaimed water, for appropriate uses. It is the intent of the
17 Legislature that utilities develop reclaimed water systems,
18 where reclaimed water is the most appropriate alternative
19 water supply option, to deliver reclaimed water to as many
20 users as possible through the most cost-effective means, and
21 to construct reclaimed water system infrastructure to their
22 owned or operated properties and facilities where they have
23 reclamation capability. It is also the intent of the
24 Legislature that the water management districts which levy ad
25 valorem taxes for water management purposes should share a
26 percentage of those tax revenues with water providers and
27 users, including local governments, water, wastewater, and
28 reuse utilities, municipal, industrial, and agricultural water
29 users, and other public and private water users, to be used to
30 supplement other funding sources in the development of
31 alternative water supplies. The Legislature finds that public
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1 moneys or services provided to private entities for such uses
2 constitute public purposes which are in the public interest.
3 In order to further the development and use of alternative
4 water supply systems, including reclaimed water systems, the
5 Legislature provides the following:
6 (k) By March 1 January 30 of each year, each water
7 management district shall submit, as part of the consolidated
8 annual report required by s. 373.036(7), an accounting an
9 annual report to the Governor, the President of the Senate,
10 and the Speaker of the House of Representatives which accounts
11 for the disbursal of all budgeted amounts pursuant to this
12 subsection. Such report shall describe all projects funded and
13 shall account separately for moneys provided through grants,
14 matching grants, revolving loans, and the use of district
15 lands or facilities.
16 Section 8. Subsection (7) of section 373.199, Florida
17 Statutes, is amended to read:
18 373.199 Florida Forever Water Management District Work
19 Plan.--
20 (7) By June 1, 2001, each district shall file with the
21 President of the Senate, the Speaker of the House of
22 Representatives, and the Secretary of Environmental Protection
23 the initial 5-year work plan as required under subsection (2).
24 By March 1, 2006, and January 1 of each year thereafter, as
25 part of the consolidated annual report required by s.
26 373.036(7), each district shall file with the President of the
27 Senate, the Speaker of the House of Representatives, and the
28 Secretary of Environmental Protection a report on the of
29 acquisitions completed during the year together with
30 modifications or additions to its 5-year work plan. Included
31 in the report shall be:
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1 (a) A description of land management activity for each
2 property or project area owned by the water management
3 district.
4 (b) A list of any lands surplused and the amount of
5 compensation received.
6 (c) The progress of funding, staffing, and resource
7 management of every project funded pursuant to s. 259.101, s.
8 259.105, or s. 373.59 for which the district is responsible.
9
10 The secretary shall submit the report referenced in this
11 subsection to the Board of Trustees of the Internal
12 Improvement Trust Fund together with the Acquisition and
13 Restoration Council's project list as required under s.
14 259.105.
15 Section 9. Section 373.207, Florida Statutes, is
16 amended to read:
17 373.207 Abandoned artesian wells.--
18 (1) Each water management district shall develop a
19 work plan which identifies the location of all known abandoned
20 artesian wells within its jurisdictional boundaries and
21 defines the actions which the district must take in order to
22 ensure that each such well is plugged on or before January 1,
23 1992. The work plan shall include the following:
24 (1)(a) An initial inventory which accounts for all
25 known abandoned artesian wells in the district.
26 (2)(b) The location and owner of each known abandoned
27 well.
28 (3)(c) The methodology proposed by the district to
29 accomplish the plugging of all known abandoned wells within
30 the district on or before January 1, 1992.
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1 (4)(d) Data relating to costs to be incurred for the
2 plugging of all wells, including the per-well cost and
3 personnel costs.
4 (5)(e) A schedule of priority for the plugging of
5 wells, which schedule is established to mitigate damage to the
6 groundwater resource due to water quality degradation.
7 (2) Each water management district shall submit an
8 annual update of its work plan to the Secretary of
9 Environmental Protection by January 1 of each year, until all
10 wells identified by the plan are plugged.
11 Section 10. Paragraph (b) of subsection (1) of section
12 373.414, Florida Statutes, is amended to read:
13 373.414 Additional criteria for activities in surface
14 waters and wetlands.--
15 (1) As part of an applicant's demonstration that an
16 activity regulated under this part will not be harmful to the
17 water resources or will not be inconsistent with the overall
18 objectives of the district, the governing board or the
19 department shall require the applicant to provide reasonable
20 assurance that state water quality standards applicable to
21 waters as defined in s. 403.031(13) will not be violated and
22 reasonable assurance that such activity in, on, or over
23 surface waters or wetlands, as delineated in s. 373.421(1), is
24 not contrary to the public interest. However, if such an
25 activity significantly degrades or is within an Outstanding
26 Florida Water, as provided by department rule, the applicant
27 must provide reasonable assurance that the proposed activity
28 will be clearly in the public interest.
29 (b) If the applicant is unable to otherwise meet the
30 criteria set forth in this subsection, the governing board or
31 the department, in deciding to grant or deny a permit, shall
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1 consider measures proposed by or acceptable to the applicant
2 to mitigate adverse effects that may be caused by the
3 regulated activity. Such measures may include, but are not
4 limited to, onsite mitigation, offsite mitigation, offsite
5 regional mitigation, and the purchase of mitigation credits
6 from mitigation banks permitted under s. 373.4136. It shall
7 be the responsibility of the applicant to choose the form of
8 mitigation. The mitigation must offset the adverse effects
9 caused by the regulated activity.
10 1. The department or water management districts may
11 accept the donation of money as mitigation only where the
12 donation is specified for use in a duly noticed environmental
13 creation, preservation, enhancement, or restoration project,
14 endorsed by the department or the governing board of the water
15 management district, which offsets the impacts of the activity
16 permitted under this part. However, the provisions of this
17 subsection shall not apply to projects undertaken pursuant to
18 s. 373.4137 or chapter 378. Where a permit is required under
19 this part to implement any project endorsed by the department
20 or a water management district, all necessary permits must
21 have been issued prior to the acceptance of any cash donation.
22 After the effective date of this act, when money is donated to
23 either the department or a water management district to offset
24 impacts authorized by a permit under this part, the department
25 or the water management district shall accept only a donation
26 that represents the full cost to the department or water
27 management district of undertaking the project that is
28 intended to mitigate the adverse impacts. The full cost shall
29 include all direct and indirect costs, as applicable, such as
30 those for land acquisition, land restoration or enhancement,
31 perpetual land management, and general overhead consisting of
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1 costs such as staff time, building, and vehicles. The
2 department or the water management district may use a
3 multiplier or percentage to add to other direct or indirect
4 costs to estimate general overhead. Mitigation credit for
5 such a donation shall be given only to the extent that the
6 donation covers the full cost to the agency of undertaking the
7 project that is intended to mitigate the adverse impacts.
8 However, nothing herein shall be construed to prevent the
9 department or a water management district from accepting a
10 donation representing a portion of a larger project, provided
11 that the donation covers the full cost of that portion and
12 mitigation credit is given only for that portion. The
13 department or water management district may deviate from the
14 full cost requirements of this subparagraph to resolve a
15 proceeding brought pursuant to chapter 70 or a claim for
16 inverse condemnation. Nothing in this section shall be
17 construed to require the owner of a private mitigation bank,
18 permitted under s. 373.4136, to include the full cost of a
19 mitigation credit in the price of the credit to a purchaser of
20 said credit.
21 2. The department and each water management district
22 shall report by March 1 to the Executive Office of the
23 Governor by January 31 of each year, as part of the
24 consolidated annual report required by s. 373.036(7), all cash
25 donations accepted under subparagraph 1. during the preceding
26 fiscal calendar year of the water management district for
27 wetland mitigation purposes. The report shall exclude those
28 contributions pursuant to s. 373.4137. The report shall
29 include a description of the endorsed mitigation projects and,
30 except for projects governed by s. 373.4135(6), shall address,
31 as applicable, success criteria, project implementation status
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1 and timeframe, monitoring, long-term management, provisions
2 for preservation, and full cost accounting.
3 3. If the applicant is unable to meet water quality
4 standards because existing ambient water quality does not meet
5 standards, the governing board or the department shall
6 consider mitigation measures proposed by or acceptable to the
7 applicant that cause net improvement of the water quality in
8 the receiving body of water for those parameters which do not
9 meet standards.
10 4. If mitigation requirements imposed by a local
11 government for surface water and wetland impacts of an
12 activity regulated under this part cannot be reconciled with
13 mitigation requirements approved under a permit for the same
14 activity issued under this part, including application of the
15 uniform wetland mitigation assessment method adopted pursuant
16 to subsection (18), the mitigation requirements for surface
17 water and wetland impacts shall be controlled by the permit
18 issued under this part.
19 Section 11. Paragraph (d) of subsection (4) and
20 subsections (13) and (14) of section 373.4592, Florida
21 Statutes, are amended to read:
22 373.4592 Everglades improvement and management.--
23 (4) EVERGLADES PROGRAM.--
24 (d) Everglades research and monitoring program.--
25 1. The department and the district shall review and
26 evaluate available water quality data for the Everglades
27 Protection Area and tributary waters and identify any
28 additional information necessary to adequately describe water
29 quality in the Everglades Protection Area and tributary
30 waters. The department and the district shall also initiate a
31 research and monitoring program to generate such additional
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1 information identified and to evaluate the effectiveness of
2 the BMPs and STAs, as they are implemented, in improving water
3 quality and maintaining designated and existing beneficial
4 uses of the Everglades Protection Area and tributary waters.
5 As part of the program, the district shall monitor all
6 discharges into the Everglades Protection Area for purposes of
7 determining compliance with state water quality standards.
8 2. The research and monitoring program shall evaluate
9 the ecological and hydrological needs of the Everglades
10 Protection Area, including the minimum flows and levels.
11 Consistent with such needs, the program shall also evaluate
12 water quality standards for the Everglades Protection Area and
13 for the canals of the EAA, so that these canals can be
14 classified in the manner set forth in paragraph (e) and
15 protected as an integral part of the water management system
16 which includes the STAs of the Everglades Construction Project
17 and allows landowners in the EAA to achieve applicable water
18 quality standards compliance by BMPs and STA treatment to the
19 extent this treatment is available and effective.
20 3. The research and monitoring program shall include
21 research seeking to optimize the design and operation of the
22 STAs, including research to reduce outflow concentrations, and
23 to identify other treatment and management methods and
24 regulatory programs that are superior to STAs in achieving the
25 intent and purposes of this section.
26 4. The research and monitoring program shall be
27 conducted to allow the department to propose a phosphorus
28 criterion in the Everglades Protection Area, and to evaluate
29 existing state water quality standards applicable to the
30 Everglades Protection Area and existing state water quality
31 standards and classifications applicable to the EAA canals. In
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1 developing the phosphorus criterion, the department shall also
2 consider the minimum flows and levels for the Everglades
3 Protection Area and the district's water supply plans for the
4 Lower East Coast.
5 5. Beginning March 1, 2006, as part of the
6 consolidated annual report required by s. 373.036(7) January
7 1, 2000, the district and the department shall annually issue
8 a peer-reviewed report regarding the research and monitoring
9 program that summarizes all data and findings. The department
10 shall provide copies of the report to the Governor, the
11 President of the Senate, and the Speaker of the House of
12 Representatives. The report shall identify water quality
13 parameters, in addition to phosphorus, which exceed state
14 water quality standards or are causing or contributing to
15 adverse impacts in the Everglades Protection Area.
16 6. The district shall continue research seeking to
17 optimize the design and operation of STAs and to identify
18 other treatment and management methods that are superior to
19 STAs in achieving optimum water quality and water quantity for
20 the benefit of the Everglades. The district shall optimize the
21 design and operation of the STAs described in the Everglades
22 Construction Project prior to expanding their size. Additional
23 methods to achieve compliance with water quality standards
24 shall not be limited to more intensive management of the STAs.
25 (13) ANNUAL REPORTS.--Beginning March 1, 2006 January
26 1, 1992, the district shall, as part of the consolidated
27 annual report required by s. 373.036(7), report on submit to
28 the department, the Governor, the Speaker of the House of
29 Representatives, the Minority Leader of the House of
30 Representatives, the President of the Senate, and the Minority
31 Leader of the Senate annual progress reports regarding
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1 implementation of this the section. The annual report must
2 will include a summary of the water conditions in the
3 Everglades Protection Area, the status of the impacted areas,
4 the status of the construction of the STAs, the implementation
5 of the BMPs, and actions taken to monitor and control exotic
6 species. The district must prepare the report in coordination
7 with federal and state agencies.
8 (14) EVERGLADES FUND.--The South Florida Water
9 Management District is directed to separately account for all
10 moneys used for the purpose of funding the Everglades
11 Construction Project, as part of the consolidated report
12 required by s. 373.036(7).
13 Section 12. Subsection (3) of section 373.45926,
14 Florida Statutes, is amended to read:
15 373.45926 Everglades Trust Fund; allocation of
16 revenues and expenditure of funds for conservation and
17 protection of natural resources and abatement of water
18 pollution.--
19 (3) The South Florida Water Management District shall
20 furnish, as part of the consolidated annual report required by
21 s. 373.036(7) on a quarterly basis, a detailed copy of its
22 expenditures from the Everglades Trust Fund to the Governor,
23 the President of the Senate, and the Speaker of the House of
24 Representatives, and shall make copies available to the
25 public. The information shall be provided in a format approved
26 by the Joint Legislative Committee on Everglades Oversight. At
27 the direction of the Joint Legislative Committee on Everglades
28 Oversight, an audit may be made from time to time by the
29 Auditor General, and such audit shall be within the authority
30 of said Auditor General to make.
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1 Section 13. Paragraph (g) of subsection (3) of section
2 373.4595, Florida Statutes, is amended to read:
3 373.4595 Lake Okeechobee Protection Program.--
4 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
5 program for Lake Okeechobee that achieves phosphorus load
6 reductions for Lake Okeechobee shall be immediately
7 implemented as specified in this subsection. The program shall
8 address the reduction of phosphorus loading to the lake from
9 both internal and external sources. Phosphorus load reductions
10 shall be achieved through a phased program of implementation.
11 Initial implementation actions shall be technology-based,
12 based upon a consideration of both the availability of
13 appropriate technology and the cost of such technology, and
14 shall include phosphorus reduction measures at both the source
15 and the regional level. The initial phase of phosphorus load
16 reductions shall be based upon the district's Technical
17 Publication 81-2 and the district's WOD program, with
18 subsequent phases of phosphorus load reductions based upon the
19 total maximum daily loads established in accordance with s.
20 403.067. In the development and administration of the Lake
21 Okeechobee Protection Program, the coordinating agencies shall
22 maximize opportunities provided by federal cost-sharing
23 programs and opportunities for partnerships with the private
24 sector.
25 (g) Annual progress report.--Beginning March 1, 2006
26 Each January 1, beginning in 2001, the district shall, as part
27 of the consolidated annual report required by s. 373.036(7),
28 report on the submit to the Governor, the President of the
29 Senate, and the Speaker of the House of Representatives annual
30 progress reports regarding implementation of this section. The
31 annual report shall include a summary of water quality and
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1 habitat conditions in Lake Okeechobee and the Lake Okeechobee
2 watershed and the status of the Lake Okeechobee Construction
3 Project. The district shall prepare the report in cooperation
4 with the other coordinating agencies.
5 Section 14. Subsection (7) of section 373.470, Florida
6 Statutes, is amended to read:
7 373.470 Everglades restoration.--
8 (7) ANNUAL REPORT.--To provide enhanced oversight of
9 and accountability for the financial commitments established
10 under this section and the progress made in the implementation
11 of the comprehensive plan, the following information must be
12 prepared annually, as part of the consolidated annual report
13 required by s. 373.036(7):
14 (a) The district, in cooperation with the department,
15 shall provide the following information as it relates to
16 implementation of the comprehensive plan:
17 1. An identification of funds, by source and amount,
18 received by the state and by each local sponsor during the
19 fiscal year.
20 2. An itemization of expenditures, by source and
21 amount, made by the state and by each local sponsor during the
22 fiscal year.
23 3. A description of the purpose for which the funds
24 were expended.
25 4. The unencumbered balance of funds remaining in
26 trust funds or other accounts designated for implementation of
27 the comprehensive plan.
28 5. A schedule of anticipated expenditures for the next
29 fiscal year.
30 (b) The department shall prepare a detailed report on
31 all funds expended by the state and credited toward the
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1 state's share of funding for implementation of the
2 comprehensive plan. The report shall include:
3 1. A description of all expenditures, by source and
4 amount, from the Conservation and Recreation Lands Trust Fund,
5 the Land Acquisition Trust Fund, the Preservation 2000 Trust
6 Fund, the Florida Forever Trust Fund, the Save Our Everglades
7 Trust Fund, and other named funds or accounts for the
8 acquisition or construction of project components or other
9 features or facilities that benefit the comprehensive plan.
10 2. A description of the purposes for which the funds
11 were expended.
12 3. The unencumbered fiscal-year-end balance that
13 remains in each trust fund or account identified in
14 subparagraph 1.
15 (c) The district, in cooperation with the department,
16 shall provide a detailed report on progress made in the
17 implementation of the comprehensive plan, including the status
18 of all project components initiated after the effective date
19 of this act or the date of the last report prepared under this
20 subsection, whichever is later.
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22 The information required in paragraphs (a), (b), and (c) shall
23 be provided as part of the consolidated annual report required
24 by s. 373.036(7) annually in a single report to the Governor,
25 the President of the Senate, and the Speaker of the House of
26 Representatives, and copies of the report must be made
27 available to the public. The initial report is due by November
28 30, 2000, and each annual report thereafter is due by March 1
29 January 31.
30 Section 15. Paragraph (a) of subsection (6) of section
31 373.536, Florida Statutes, is amended to read:
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1 373.536 District budget and hearing thereon.--
2 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS
3 PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
4 (a) Each district must, by the date specified for each
5 item, furnish copies of the following documents to the
6 Governor, the President of the Senate, the Speaker of the
7 House of Representatives, the chairs of all legislative
8 committees and subcommittees having substantive or fiscal
9 jurisdiction over the districts, as determined by the
10 President of the Senate or the Speaker of the House of
11 Representatives as applicable, the secretary of the
12 department, and the governing board of each county in which
13 the district has jurisdiction or derives any funds for the
14 operations of the district:
15 1. The adopted budget, to be furnished within 10 days
16 after its adoption.
17 2. A financial audit of its accounts and records, to
18 be furnished within 10 days after its acceptance by the
19 governing board. The audit must be conducted in accordance
20 with the provisions of s. 11.45 and the rules adopted
21 thereunder. In addition to the entities named above, the
22 district must provide a copy of the audit to the Auditor
23 General within 10 days after its acceptance by the governing
24 board.
25 3. A 5-year capital improvements plan, to be included
26 in the consolidated annual report required by s. 373.036(7)
27 furnished within 45 days after the adoption of the final
28 budget. The plan must include expected sources of revenue for
29 planned improvements and must be prepared in a manner
30 comparable to the fixed capital outlay format set forth in s.
31 216.043.
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1 4. A 5-year water resource development work program to
2 be furnished within 45 days after the adoption of the final
3 budget. The program must describe the district's
4 implementation strategy for the water resource development
5 component of each approved regional water supply plan
6 developed or revised under s. 373.0361. The work program must
7 address all the elements of the water resource development
8 component in the district's approved regional water supply
9 plans and must identify which projects in the work program
10 will provide water, explain how each water resource
11 development project will produce additional water available
12 for consumptive uses, estimate the quantity of water to be
13 produced by each project, and provide an assessment of the
14 contribution of the district's regional water supply plans in
15 providing sufficient water to meet the water supply needs of
16 existing and future reasonable-beneficial uses for a
17 1-in-10-year drought event. Within 30 45 days after its
18 submittal, the department shall review the proposed work
19 program and submit its findings, questions, and comments to
20 the district. The review must include a written evaluation of
21 the program's consistency with the furtherance of the
22 district's approved regional water supply plans, and the
23 adequacy of proposed expenditures. As part of the review, the
24 department shall give interested parties the opportunity to
25 provide written comments on each district's proposed work
26 program. Within 45 60 days after receipt of the department's
27 evaluation, the governing board shall state in writing to the
28 department which changes recommended in the evaluation it will
29 incorporate into its work program submitted as part of the
30 March 1 consolidated annual report required by s. 373.036(7)
31 or specify the reasons for not incorporating the changes. The
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1 department shall include the district's responses in a final
2 evaluation report and shall submit a copy of the report to the
3 Governor, the President of the Senate, and the Speaker of the
4 House of Representatives.
5 Section 16. By February 1, 2006, the Department of
6 Environmental Protection, after consultation with the five
7 water management districts, shall recommend to the President
8 of the Senate and the Speaker of the House of Representatives
9 any reforms or consolidations, in addition to those made by
10 this act, to the planning and reporting requirements in
11 chapter 373, Florida Statutes, which the department deems
12 appropriate to efficiently and effectively protect and use the
13 state's water resources.
14 Section 17. This act shall take effect upon becoming a
15 law.
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2 SENATE SUMMARY
3 Repeals s. 373.0395, F.S., relating to an inventory of
groundwater resource availability by each water
4 management district which regional planning councils,
counties, and municipalities must review and reflect in
5 local comprehensive planning. Makes a conforming
amendment to delete the requirement to use groundwater
6 resource inventory information. Makes conforming
amendment to delete a requirement that notice of a public
7 hearing on designation of prime groundwater recharge
areas to the Floridan and Biscayne aquifers by the
8 governing board of the South Florida Water Management
District be published upon preparation of the inventory.
9 Eliminates the requirement that each district provide an
annual report of the district's work plan regarding
10 abandoned artesian wells to the Department of
Environmental Protection. Authorizes the governing board
11 of each district to substitute a strategic plan for a
water management plan and a water resource development
12 5-year work program otherwise required. Provides for
consolidation of specified reports, plans, or accountings
13 required of water management districts into an annual
report. Provides for distribution of the consolidated
14 annual district report. Requires the consolidated report
of the South Florida Water Management District to include
15 additional specified plans and reports. Changes the
deadline for: a report on implementation of the
16 Everglades Forever Act by the South Florida Water
Management District; a report by each district on the
17 priority list and schedule regarding the minimum flows
and levels of certain waters, a report by each district
18 regarding dispersal of moneys or facilities to water
providers and users to develop alternative water
19 supplies, a report by each district regarding
acquisitions under or modifications to that district's
20 Florida Forever 5-year work plan, a report by the
districts and the Department of Environmental Protection
21 regarding projects or donations to mitigate wetland
impacts, a report on the Everglades research and
22 monitoring program by the South Florida Water Management
District and the Department of Environmental Protection.
23 Changes the deadline for a report on implementation of
the Lake Okeechobee Protection Program by the South
24 Florida Water Management District, a report by the South
Florida Water Management District regarding financial
25 commitments and implementation of a plan relating to
Everglades restoration, reports by each district
26 regarding its 5-year capital improvements plan and its
5-year water resource development work program, and
27 review by the Department of Environmental Protection of
the districts' 5-year water resource development work
28 plans. Changes the deadline for a report by the South
Florida Water Management District regarding
29 implementation of provisions regarding Everglades
improvement and management. Includes such reports, and an
30 accounting required of the South Florida Water Management
District regarding moneys used for the Everglades
31 Construction project, in the district's consolidated
annual report. Includes a report by the South Florida
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1 Water Management District regarding Everglades Trust Fund
expenditures in the district's consolidated annual
2 report. Directs the Department of Environmental
Protection to recommend additional reforms or
3 consolidations of planning and reporting requirements.
Eliminates a requirement that the districts distribute
4 information regarding conditions of major surface and
groundwater sources and suggested conservation practices
5 at least every 6 months. (See bill for details.)
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