Senate Bill sb2462c2

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    Florida Senate - 2005                    CS for CS for SB 2462

    By the Committees on Government Efficiency Appropriations;
    Environmental Preservation; and Senator Atwater




    593-2118-05

  1                      A bill to be entitled

  2         An act relating to water resource planning and

  3         reporting; amending s. 373.036, F.S.;

  4         authorizing submission of an annual strategic

  5         plan in lieu of other district water management

  6         plan information and providing requirements

  7         therefor; requiring water management districts

  8         to submit a consolidated annual report and

  9         providing requirements therefor; correcting a

10         cross-reference; amending ss. 11.80, 163.3177,

11         193.625, 373.0397, 373.042, 373.145, 373.1961,

12         373.199, 373.207, 373.414, 373.4592, 373.45926,

13         373.4595, 373.470, and 373.536, F.S.; revising

14         certain reporting requirements and

15         cross-references to conform; directing the

16         Department of Environmental Protection to

17         recommend to the Governor and Legislature

18         additional changes to or consolidation of

19         planning and reporting requirements of ch. 373,

20         F.S., relating to water resources; repealing s.

21         373.0395, F.S., relating to groundwater basin

22         resource availability inventories; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsection (4) of section 11.80, Florida

28  Statutes, is amended to read:

29         11.80  Joint Legislative Committee on Everglades

30  Oversight.--

31  

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 1         (4)  Annually, no later than March January 1, as part

 2  of the consolidated annual report required by s. 373.036(7),

 3  the South Florida Water Management District shall report to

 4  the Joint Legislative Committee on Everglades Oversight on the

 5  status of the implementation of the Everglades Forever Act.

 6  Such report shall include, but is not limited to:

 7         (a)  Progress on the Everglades Construction Project.

 8         (b)  Changes to the Everglades Construction Project.

 9         (c)  Actual revenues, compared to projected revenues.

10         (d)  Projected acquisition costs, construction costs,

11  operation and maintenance costs, and projected revenues, over

12  the succeeding 5 years.

13         Section 2.  Paragraph (c) of subsection (6) of section

14  163.3177, Florida Statutes, is amended to read:

15         163.3177  Required and optional elements of

16  comprehensive plan; studies and surveys.--

17         (6)  In addition to the requirements of subsections

18  (1)-(5), the comprehensive plan shall include the following

19  elements:

20         (c)  A general sanitary sewer, solid waste, drainage,

21  potable water, and natural groundwater aquifer recharge

22  element correlated to principles and guidelines for future

23  land use, indicating ways to provide for future potable water,

24  drainage, sanitary sewer, solid waste, and aquifer recharge

25  protection requirements for the area. The element may be a

26  detailed engineering plan including a topographic map

27  depicting areas of prime groundwater recharge. The element

28  shall describe the problems and needs and the general

29  facilities that will be required for solution of the problems

30  and needs. The element shall also include a topographic map

31  depicting any areas adopted by a regional water management

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 1  district as prime groundwater recharge areas for the Floridan

 2  or Biscayne aquifers, pursuant to s. 373.0395. These areas

 3  shall be given special consideration when the local government

 4  is engaged in zoning or considering future land use for said

 5  designated areas. For areas served by septic tanks, soil

 6  surveys shall be provided which indicate the suitability of

 7  soils for septic tanks. By December 1, 2006, the element must

 8  consider the appropriate water management district's regional

 9  water supply plan approved pursuant to s. 373.0361. The

10  element must include a work plan, covering at least a 10-year

11  planning period, for building water supply facilities that are

12  identified in the element as necessary to serve existing and

13  new development and for which the local government is

14  responsible. The work plan shall be updated, at a minimum,

15  every 5 years within 12 months after the governing board of a

16  water management district approves an updated regional water

17  supply plan. Amendments to incorporate the work plan do not

18  count toward the limitation on the frequency of adoption of

19  amendments to the comprehensive plan.

20         Section 3.  Paragraph (b) of subsection (3) of section

21  193.625, Florida Statutes, is amended to read:

22         193.625  High-water recharge lands; classification and

23  assessment.--

24         (3)

25         (b)  Subject to the restrictions set out in this

26  section, only lands that are used primarily for bona fide

27  high-water recharge purposes may be classified as high-water

28  recharge.  The term "bona fide high-water recharge purposes"

29  means good faith high-water recharge use of the land.  In

30  determining whether the use of the land for high-water

31  recharge purposes is bona fide, the following factors apply:

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 1         1.  The land use must have been continuous.

 2         2.  The land use must be vacant residential, vacant

 3  commercial, vacant industrial, vacant institutional,

 4  nonagricultural, or single-family residential.  The

 5  maintenance of one single-family residential dwelling on part

 6  of the land does not in itself preclude a high-water recharge

 7  classification.

 8         3.  The land must be located within a prime groundwater

 9  recharge area established in accordance with s. 373.0395 or in

10  an area considered by the appropriate water management

11  district to supply significant groundwater recharge.

12  Significant groundwater recharge shall be assessed by the

13  appropriate water management district on the basis of

14  hydrologic characteristics of the soils and underlying

15  geologic formations.

16         4.  The land must not be receiving any other special

17  classification.

18         5.  There must not be in the vicinity of the land any

19  activity that has the potential to contaminate the ground

20  water, including, but not limited to, the presence of:

21         a.  Toxic or hazardous substances;

22         b.  Free-flowing saline artesian wells;

23         c.  Drainage wells;

24         d.  Underground storage tanks; or

25         e.  Any potential pollution source existing on a

26  property that drains to the property seeking the high-water

27  recharge classification.

28         6.  The owner of the property has entered into a

29  contract with the county as provided in subsection (5).

30         7.  The parcel of land must be at least 10 acres.

31  

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 1  Notwithstanding the provisions of this paragraph, the property

 2  appraiser shall use the best available information on the

 3  high-water recharge characteristics of lands when making a

 4  final determination to grant or deny an application for

 5  high-water recharge assessment for the lands.

 6         Section 4.  Paragraph (b) of subsection (2) of section

 7  373.036, Florida Statutes, is amended, paragraph (e) is added

 8  to that subsection, and subsection (7) is added to that

 9  section, to read:

10         373.036  Florida water plan; district water management

11  plans.--

12         (2)  DISTRICT WATER MANAGEMENT PLANS.--

13         (b)  The district water management plan shall include,

14  but not be limited to:

15         1.  The scientific methodologies for establishing

16  minimum flows and levels under s. 373.042, and all established

17  minimum flows and levels.

18         2.  Identification of one or more water supply planning

19  regions that singly or together encompass the entire district.

20         3.  Technical data and information prepared under s.

21  ss. 373.0391 and 373.0395.

22         4.  A districtwide water supply assessment, to be

23  completed no later than July 1, 1998, which determines for

24  each water supply planning region:

25         a.  Existing legal uses, reasonably anticipated future

26  needs, and existing and reasonably anticipated sources of

27  water and conservation efforts; and

28         b.  Whether existing and reasonably anticipated sources

29  of water and conservation efforts are adequate to supply water

30  for all existing legal uses and reasonably anticipated future

31  

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 1  needs and to sustain the water resources and related natural

 2  systems.

 3         5.  Any completed regional water supply plans.

 4         (e)  At its option, a governing board may substitute an

 5  annual strategic plan for the requirement to develop a

 6  district water management plan and the district water

 7  management plan annual report required by subparagraph

 8  (7)(b)1., provided that the strategic plan meets the following

 9  minimum requirements, and provided further that nothing in

10  this section affects any other provision or requirement of law

11  concerning the completion of regional water supply plans:

12         1.  The strategic plan establishes the water management

13  district's strategic priorities for at least a future 5-year

14  period.

15         2.  The strategic plan identifies the goals,

16  strategies, success indicators, funding sources, deliverables,

17  and milestones to accomplish the strategic priorities.

18         3.  The strategic plan development process includes at

19  least one publicly noticed meeting to allow public

20  participation in its development.

21         4.  The strategic plan includes separately, as an

22  addendum, an annual work plan report on the implementation of

23  the strategic plan for the previous fiscal year, addressing

24  success indicators, deliverables, and milestones. 

25         (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL

26  REPORT.--

27         (a)  By March 1, 2006, and annually thereafter, each

28  water management district shall prepare and submit to the

29  department, the Governor, the President of the Senate, and the

30  Speaker of the House of Representatives a consolidated water

31  management district annual report on the management of water

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 1  resources. In addition, copies must be provided by the water

 2  management districts to the chairs of all legislative

 3  committees having substantive or fiscal jurisdiction over the

 4  districts and the governing board of each county in the

 5  district having jurisdiction or deriving any funds for

 6  operations of the district. Copies of the consolidated annual

 7  report must be made available to the public either in printed

 8  or electronic format.

 9         (b)  The consolidated water management district annual

10  report must contain the following elements, as appropriate to

11  the water management district:

12         1.  A district water management plan annual report or

13  the annual work plan allowed in subparagraph (2)(e)4.

14         2.  The department-approved minimum flows and levels

15  annual priority list and schedule required by s. 373.042(2).

16         3.  The annual 5-year capital improvements plan

17  required by s. 373.536(6)(a)3.

18         4.  The alternative water supplies annual report

19  required by s. 373.1961(2)(k).

20         5.  The final annual 5-year water resource development

21  work program required by s. 373.536(6)(a)4.

22         6.  The Florida Forever Water Management District Work

23  Plan annual report required by s. 373.199(7).

24         7.  The mitigation donation annual report required by

25  s. 373.414(1)(b)2.

26         (c)  Each of the elements in paragraph (b) must be

27  addressed in a separate chapter within the consolidated annual

28  report, although information common to more than one of these

29  elements may be consolidated as deemed appropriate by the

30  water management district.

31  

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 1         (d)  Each water management district may include in the

 2  consolidated annual report such additional information on the

 3  status or management of water resources within the district as

 4  it considers appropriate.

 5         (e)  In addition to the elements specified in paragraph

 6  (b), the South Florida Water Management District shall include

 7  in the consolidated annual report the following elements:

 8         1.  The Lake Okeechobee Protection Program annual

 9  report required by s. 373.4595(3)(g).

10         2.  The Everglades annual progress reports specified in

11  s. 373.4592(4)(d)5., (13), and (14).

12         3.  The Everglades restoration annual report required

13  by s. 373.470(7).

14         4.  The Everglades Forever Act annual implementation

15  report required by s. 11.80(4).

16         5.  The Everglades Trust Fund annual expenditure report

17  required by s. 373.45926(3).

18         Section 5.  Section 373.0397, Florida Statutes, is

19  amended to read:

20         373.0397  Floridan and Biscayne aquifers; designation

21  of prime groundwater recharge areas.--Upon preparation of an

22  inventory of prime groundwater recharge areas for the Floridan

23  or Biscayne aquifers as a part of the requirements of s.

24  373.0395(3), but prior to adoption by the governing board, the

25  water management district shall publish a legal notice of

26  public hearing on the designated areas for the Floridan and

27  Biscayne aquifers, with a map delineating the boundaries of

28  the areas, in newspapers defined in chapter 50 as having

29  general circulation within the area to be affected.  The

30  notice shall be at least one-fourth page and shall read as

31  follows:

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 1  

 2                     NOTICE OF PRIME RECHARGE

 3                         AREA DESIGNATION

 4  

 5         The ...(name of taxing authority)... proposes to

 6  designate specific land areas as areas of prime recharge to

 7  the ...(name of aquifer)... Aquifer.

 8         All concerned citizens are invited to attend a public

 9  hearing on the proposed designation to be held on ...(date and

10  time)... at ...(meeting place)....

11         A map of the affected areas follows.

12  

13  The governing board of the water management district shall

14  adopt a designation of prime groundwater recharge areas to the

15  Floridan and Biscayne aquifers by rule within 120 days after

16  the public hearing, subject to the provisions of chapter 120.

17         Section 6.  Subsection (2) of section 373.042, Florida

18  Statutes, is amended to read:

19         373.042  Minimum flows and levels.--

20         (2)  By November 15, 1997, and annually thereafter,

21  each water management district shall submit to the department

22  for review and approval a priority list and schedule for the

23  establishment of minimum flows and levels for surface

24  watercourses, aquifers, and surface waters within the

25  district. The priority list shall also identify those water

26  bodies for which the district will voluntarily undertake

27  independent scientific peer review. By March 1, 2006 January

28  1, 1998, and annually thereafter, each water management

29  district shall include publish its approved priority list and

30  schedule in the consolidated annual report required by s.

31  373.036(7) Florida Administrative Weekly. The priority list

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 1  shall be based upon the importance of the waters to the state

 2  or region and the existence of or potential for significant

 3  harm to the water resources or ecology of the state or region,

 4  and shall include those waters which are experiencing or may

 5  reasonably be expected to experience adverse impacts. By

 6  January 1, 2003, Each water management district's priority

 7  list and schedule shall include all first magnitude springs,

 8  and all second magnitude springs within state or federally

 9  owned lands purchased for conservation purposes. The specific

10  schedule for establishment of spring minimum flows and levels

11  shall be commensurate with the existing or potential threat to

12  spring flow from consumptive uses. Springs within the Suwannee

13  River Water Management District, or second magnitude springs

14  in other areas of the state, need not be included on the

15  priority list if the water management district submits a

16  report to the Department of Environmental Protection

17  demonstrating that adverse impacts are not now occurring nor

18  are reasonably expected to occur from consumptive uses during

19  the next 20 years.  The priority list and schedule shall not

20  be subject to any proceeding pursuant to chapter 120. Except

21  as provided in subsection (3), the development of a priority

22  list and compliance with the schedule for the establishment of

23  minimum flows and levels pursuant to this subsection shall

24  satisfy the requirements of subsection (1).

25         Section 7.  Section 373.145, Florida Statutes, is

26  amended to read:

27         373.145  Information program regarding hydrologic

28  conditioning and consumption of major surface and groundwater

29  sources.--In order to aid in the development of a better

30  understanding of the unique surface and groundwater resources

31  of this state, the water management districts shall develop an

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 1  information program designed to provide information concerning

 2  existing hydrologic conditions of major surface and

 3  groundwater sources in this state and suggestions for good

 4  conservation practices within those areas. The program shall

 5  be developed by December 31, 2002. The water management

 6  districts shall use the most efficient means to regularly

 7  distribute the information to members of the Legislature, the

 8  media, and the public Beginning January 1, 2003, and on a

 9  regular basis no less than every 6 months thereafter, the

10  information developed pursuant to this section shall be

11  distributed to every member of the Florida Senate and the

12  Florida House of Representatives and to local print and

13  broadcast news organizations. Each water management district

14  shall be responsible for the distribution of this information

15  within its established geographic area.

16         Section 8.  Paragraph (k) of subsection (2) of section

17  373.1961, Florida Statutes, is amended to read:

18         373.1961  Water production.--

19         (2)  The Legislature finds that, due to a combination

20  of factors, vastly increased demands have been placed on

21  natural supplies of fresh water, and that, absent increased

22  development of alternative water supplies, such demands may

23  increase in the future. The Legislature also finds that

24  potential exists in the state for the production of

25  significant quantities of alternative water supplies,

26  including reclaimed water, and that water production includes

27  the development of alternative water supplies, including

28  reclaimed water, for appropriate uses. It is the intent of the

29  Legislature that utilities develop reclaimed water systems,

30  where reclaimed water is the most appropriate alternative

31  water supply option, to deliver reclaimed water to as many

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 1  users as possible through the most cost-effective means, and

 2  to construct reclaimed water system infrastructure to their

 3  owned or operated properties and facilities where they have

 4  reclamation capability. It is also the intent of the

 5  Legislature that the water management districts which levy ad

 6  valorem taxes for water management purposes should share a

 7  percentage of those tax revenues with water providers and

 8  users, including local governments, water, wastewater, and

 9  reuse utilities, municipal, industrial, and agricultural water

10  users, and other public and private water users, to be used to

11  supplement other funding sources in the development of

12  alternative water supplies. The Legislature finds that public

13  moneys or services provided to private entities for such uses

14  constitute public purposes which are in the public interest.

15  In order to further the development and use of alternative

16  water supply systems, including reclaimed water systems, the

17  Legislature provides the following:

18         (k)  By March 1 January 30 of each year, as part of the

19  consolidated annual report required by s. 373.036(7), each

20  water management district shall submit a report on an annual

21  report to the Governor, the President of the Senate, and the

22  Speaker of the House of Representatives which accounts for the

23  disbursal of all budgeted amounts pursuant to this subsection.

24  Such report shall describe all projects funded and shall

25  account separately for moneys provided through grants,

26  matching grants, revolving loans, and the use of district

27  lands or facilities.

28         Section 9.  Subsection (7) of section 373.199, Florida

29  Statutes, is amended to read:

30         373.199  Florida Forever Water Management District Work

31  Plan.--

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 1         (7)  By June 1, 2001, each district shall file with the

 2  President of the Senate, the Speaker of the House of

 3  Representatives, and the Secretary of Environmental Protection

 4  the initial 5-year work plan as required under subsection (2).

 5  By March 1 January 1 of each year thereafter, as part of the

 6  consolidated annual report required by s. 373.036(7), each

 7  district shall file with the President of the Senate, the

 8  Speaker of the House of Representatives, and the Secretary of

 9  Environmental Protection a report on of acquisitions completed

10  during the year together with modifications or additions to

11  its 5-year work plan. Included in the report shall be:

12         (a)  A description of land management activity for each

13  property or project area owned by the water management

14  district.

15         (b)  A list of any lands surplused and the amount of

16  compensation received.

17         (c)  The progress of funding, staffing, and resource

18  management of every project funded pursuant to s. 259.101, s.

19  259.105, or s. 373.59 for which the district is responsible.

20  

21  The secretary shall submit the report referenced in this

22  subsection to the Board of Trustees of the Internal

23  Improvement Trust Fund together with the Acquisition and

24  Restoration Council's project list as required under s.

25  259.105.

26         Section 10.  Section 373.207, Florida Statutes, is

27  amended to read:

28         373.207  Abandoned artesian wells.--

29         (1)  Each water management district shall develop a

30  work plan which identifies the location of all known abandoned

31  artesian wells within its jurisdictional boundaries and

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 1  defines the actions which the district must take in order to

 2  ensure that each such well is plugged on or before January 1,

 3  1992.  The work plan shall include the following:

 4         (1)(a)  An initial inventory which accounts for all

 5  known abandoned artesian wells in the district.

 6         (2)(b)  The location and owner of each known abandoned

 7  well.

 8         (3)(c)  The methodology proposed by the district to

 9  accomplish the plugging of all known abandoned wells within

10  the district on or before January 1, 1992.

11         (4)(d)  Data relating to costs to be incurred for the

12  plugging of all wells, including the per-well cost and

13  personnel costs.

14         (5)(e)  A schedule of priority for the plugging of

15  wells, which schedule is established to mitigate damage to the

16  groundwater resource due to water quality degradation.

17         (2)  Each water management district shall submit an

18  annual update of its work plan to the Secretary of

19  Environmental Protection by January 1 of each year, until all

20  wells identified by the plan are plugged.

21         Section 11.  Paragraph (b) of subsection (1) of section

22  373.414, Florida Statutes, is amended to read:

23         373.414  Additional criteria for activities in surface

24  waters and wetlands.--

25         (1)  As part of an applicant's demonstration that an

26  activity regulated under this part will not be harmful to the

27  water resources or will not be inconsistent with the overall

28  objectives of the district, the governing board or the

29  department shall require the applicant to provide reasonable

30  assurance that state water quality standards applicable to

31  waters as defined in s. 403.031(13) will not be violated and

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 1  reasonable assurance that such activity in, on, or over

 2  surface waters or wetlands, as delineated in s. 373.421(1), is

 3  not contrary to the public interest. However, if such an

 4  activity significantly degrades or is within an Outstanding

 5  Florida Water, as provided by department rule, the applicant

 6  must provide reasonable assurance that the proposed activity

 7  will be clearly in the public interest.

 8         (b)  If the applicant is unable to otherwise meet the

 9  criteria set forth in this subsection, the governing board or

10  the department, in deciding to grant or deny a permit, shall

11  consider measures proposed by or acceptable to the applicant

12  to mitigate adverse effects that may be caused by the

13  regulated activity.  Such measures may include, but are not

14  limited to, onsite mitigation, offsite mitigation, offsite

15  regional mitigation, and the purchase of mitigation credits

16  from mitigation banks permitted under s. 373.4136.  It shall

17  be the responsibility of the applicant to choose the form of

18  mitigation. The mitigation must offset the adverse effects

19  caused by the regulated activity.

20         1.  The department or water management districts may

21  accept the donation of money as mitigation only where the

22  donation is specified for use in a duly noticed environmental

23  creation, preservation, enhancement, or restoration project,

24  endorsed by the department or the governing board of the water

25  management district, which offsets the impacts of the activity

26  permitted under this part.  However, the provisions of this

27  subsection shall not apply to projects undertaken pursuant to

28  s. 373.4137 or chapter 378. Where a permit is required under

29  this part to implement any project endorsed by the department

30  or a water management district, all necessary permits must

31  have been issued prior to the acceptance of any cash donation.

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 1  After the effective date of this act, when money is donated to

 2  either the department or a water management district to offset

 3  impacts authorized by a permit under this part, the department

 4  or the water management district shall accept only a donation

 5  that represents the full cost to the department or water

 6  management district of undertaking the project that is

 7  intended to mitigate the adverse impacts. The full cost shall

 8  include all direct and indirect costs, as applicable, such as

 9  those for land acquisition, land restoration or enhancement,

10  perpetual land management, and general overhead consisting of

11  costs such as staff time, building, and vehicles.  The

12  department or the water management district may use a

13  multiplier or percentage to add to other direct or indirect

14  costs to estimate general overhead.  Mitigation credit for

15  such a donation shall be given only to the extent that the

16  donation covers the full cost to the agency of undertaking the

17  project that is intended to mitigate the adverse impacts.

18  However, nothing herein shall be construed to prevent the

19  department or a water management district from accepting a

20  donation representing a portion of a larger project, provided

21  that the donation covers the full cost of that portion and

22  mitigation credit is given only for that portion.  The

23  department or water management district may deviate from the

24  full cost requirements of this subparagraph to resolve a

25  proceeding brought pursuant to chapter 70 or a claim for

26  inverse condemnation.  Nothing in this section shall be

27  construed to require the owner of a private mitigation bank,

28  permitted under s. 373.4136, to include the full cost of a

29  mitigation credit in the price of the credit to a purchaser of

30  said credit.

31  

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 1         2.  The department and each water management district

 2  shall report by March 1 to the Executive Office of the

 3  Governor by January 31 of each year, as part of the

 4  consolidated annual report required by s. 373.036(7), all cash

 5  donations accepted under subparagraph 1. during the preceding

 6  water management district fiscal calendar year for wetland

 7  mitigation purposes. The report shall exclude those

 8  contributions pursuant to s. 373.4137. The report shall

 9  include a description of the endorsed mitigation projects and,

10  except for projects governed by s. 373.4135(6), shall address,

11  as applicable, success criteria, project implementation status

12  and timeframe, monitoring, long-term management, provisions

13  for preservation, and full cost accounting.

14         3.  If the applicant is unable to meet water quality

15  standards because existing ambient water quality does not meet

16  standards, the governing board or the department shall

17  consider mitigation measures proposed by or acceptable to the

18  applicant that cause net improvement of the water quality in

19  the receiving body of water for those parameters which do not

20  meet standards.

21         4.  If mitigation requirements imposed by a local

22  government for surface water and wetland impacts of an

23  activity regulated under this part cannot be reconciled with

24  mitigation requirements approved under a permit for the same

25  activity issued under this part, including application of the

26  uniform wetland mitigation assessment method adopted pursuant

27  to subsection (18), the mitigation requirements for surface

28  water and wetland impacts shall be controlled by the permit

29  issued under this part.

30  

31  

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 1         Section 12.  Paragraph (d) of subsection (4) and

 2  subsections (13) and (14) of section 373.4592, Florida

 3  Statutes, are amended to read:

 4         373.4592  Everglades improvement and management.--

 5         (4)  EVERGLADES PROGRAM.--

 6         (d)  Everglades research and monitoring program.--

 7         1.  The department and the district shall review and

 8  evaluate available water quality data for the Everglades

 9  Protection Area and tributary waters and identify any

10  additional information necessary to adequately describe water

11  quality in the Everglades Protection Area and tributary

12  waters. The department and the district shall also initiate a

13  research and monitoring program to generate such additional

14  information identified and to evaluate the effectiveness of

15  the BMPs and STAs, as they are implemented, in improving water

16  quality and maintaining designated and existing beneficial

17  uses of the Everglades Protection Area and tributary waters.

18  As part of the program, the district shall monitor all

19  discharges into the Everglades Protection Area for purposes of

20  determining compliance with state water quality standards.

21         2.  The research and monitoring program shall evaluate

22  the ecological and hydrological needs of the Everglades

23  Protection Area, including the minimum flows and levels.

24  Consistent with such needs, the program shall also evaluate

25  water quality standards for the Everglades Protection Area and

26  for the canals of the EAA, so that these canals can be

27  classified in the manner set forth in paragraph (e) and

28  protected as an integral part of the water management system

29  which includes the STAs of the Everglades Construction Project

30  and allows landowners in the EAA to achieve applicable water

31  

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 1  quality standards compliance by BMPs and STA treatment to the

 2  extent this treatment is available and effective.

 3         3.  The research and monitoring program shall include

 4  research seeking to optimize the design and operation of the

 5  STAs, including research to reduce outflow concentrations, and

 6  to identify other treatment and management methods and

 7  regulatory programs that are superior to STAs in achieving the

 8  intent and purposes of this section.

 9         4.  The research and monitoring program shall be

10  conducted to allow the department to propose a phosphorus

11  criterion in the Everglades Protection Area, and to evaluate

12  existing state water quality standards applicable to the

13  Everglades Protection Area and existing state water quality

14  standards and classifications applicable to the EAA canals. In

15  developing the phosphorus criterion, the department shall also

16  consider the minimum flows and levels for the Everglades

17  Protection Area and the district's water supply plans for the

18  Lower East Coast.

19         5.  Beginning March 1, 2006, as part of the

20  consolidated annual report required by s. 373.036(7) January

21  1, 2000, the district and the department shall annually issue

22  a peer-reviewed report regarding the research and monitoring

23  program that summarizes all data and findings. The department

24  shall provide copies of the report to the Governor, the

25  President of the Senate, and the Speaker of the House of

26  Representatives. The report shall identify water quality

27  parameters, in addition to phosphorus, which exceed state

28  water quality standards or are causing or contributing to

29  adverse impacts in the Everglades Protection Area.

30         6.  The district shall continue research seeking to

31  optimize the design and operation of STAs and to identify

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 1  other treatment and management methods that are superior to

 2  STAs in achieving optimum water quality and water quantity for

 3  the benefit of the Everglades. The district shall optimize the

 4  design and operation of the STAs described in the Everglades

 5  Construction Project prior to expanding their size. Additional

 6  methods to achieve compliance with water quality standards

 7  shall not be limited to more intensive management of the STAs.

 8         (13)  ANNUAL REPORTS.--Beginning March 1, 2006 January

 9  1, 1992, as part of the consolidated annual report required by

10  s. 373.036(7), the district shall report on submit to the

11  department, the Governor, the Speaker of the House of

12  Representatives, the Minority Leader of the House of

13  Representatives, the President of the Senate, and the Minority

14  Leader of the Senate annual progress reports regarding

15  implementation of the section. The annual report must will

16  include a summary of the water conditions in the Everglades

17  Protection Area, the status of the impacted areas, the status

18  of the construction of the STAs, the implementation of the

19  BMPs, and actions taken to monitor and control exotic species.

20  The district must prepare the report in coordination with

21  federal and state agencies.

22         (14)  EVERGLADES FUND.--The South Florida Water

23  Management District is directed to separately account for all

24  moneys used for the purpose of funding the Everglades

25  Construction Project, as part of the consolidated report

26  required by s. 373.036(7).

27         Section 13.  Subsection (3) of section 373.45926,

28  Florida Statutes, is amended to read:

29         373.45926  Everglades Trust Fund; allocation of

30  revenues and expenditure of funds for conservation and

31  

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 1  protection of natural resources and abatement of water

 2  pollution.--

 3         (3)  The South Florida Water Management District shall

 4  furnish, as part of the consolidated annual report required by

 5  s. 373.036(7) on a quarterly basis, a detailed copy of its

 6  expenditures from the Everglades Trust Fund to the Governor,

 7  the President of the Senate, and the Speaker of the House of

 8  Representatives, and shall make copies available to the

 9  public. The information shall be provided in a format approved

10  by the Joint Legislative Committee on Everglades Oversight. At

11  the direction of the Joint Legislative Committee on Everglades

12  Oversight, an audit may be made from time to time by the

13  Auditor General, and such audit shall be within the authority

14  of said Auditor General to make.

15         Section 14.  Paragraph (g) of subsection (3) of section

16  373.4595, Florida Statutes, is amended to read:

17         373.4595  Lake Okeechobee Protection Program.--

18         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

19  program for Lake Okeechobee that achieves phosphorus load

20  reductions for Lake Okeechobee shall be immediately

21  implemented as specified in this subsection. The program shall

22  address the reduction of phosphorus loading to the lake from

23  both internal and external sources. Phosphorus load reductions

24  shall be achieved through a phased program of implementation.

25  Initial implementation actions shall be technology-based,

26  based upon a consideration of both the availability of

27  appropriate technology and the cost of such technology, and

28  shall include phosphorus reduction measures at both the source

29  and the regional level. The initial phase of phosphorus load

30  reductions shall be based upon the district's Technical

31  Publication 81-2 and the district's WOD program, with

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 1  subsequent phases of phosphorus load reductions based upon the

 2  total maximum daily loads established in accordance with s.

 3  403.067. In the development and administration of the Lake

 4  Okeechobee Protection Program, the coordinating agencies shall

 5  maximize opportunities provided by federal cost-sharing

 6  programs and opportunities for partnerships with the private

 7  sector.

 8         (g)  Annual progress report.--Each March 1 Each January

 9  1, beginning in 2006 2001, the district shall report on submit

10  to the Governor, the President of the Senate, and the Speaker

11  of the House of Representatives annual progress reports

12  regarding implementation of this section as part of the

13  consolidated annual report required in s. 373.036(7). The

14  annual report shall include a summary of water quality and

15  habitat conditions in Lake Okeechobee and the Lake Okeechobee

16  watershed and the status of the Lake Okeechobee Construction

17  Project. The district shall prepare the report in cooperation

18  with the other coordinating agencies.

19         Section 15.  Subsection (7) of section 373.470, Florida

20  Statutes, is amended to read:

21         373.470  Everglades restoration.--

22         (7)  ANNUAL REPORT.--To provide enhanced oversight of

23  and accountability for the financial commitments established

24  under this section and the progress made in the implementation

25  of the comprehensive plan, the following information must be

26  prepared annually, as part of the consolidated annual report

27  required by s. 373.036(7):

28         (a)  The district, in cooperation with the department,

29  shall provide the following information as it relates to

30  implementation of the comprehensive plan:

31  

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 1         1.  An identification of funds, by source and amount,

 2  received by the state and by each local sponsor during the

 3  fiscal year.

 4         2.  An itemization of expenditures, by source and

 5  amount, made by the state and by each local sponsor during the

 6  fiscal year.

 7         3.  A description of the purpose for which the funds

 8  were expended.

 9         4.  The unencumbered balance of funds remaining in

10  trust funds or other accounts designated for implementation of

11  the comprehensive plan.

12         5.  A schedule of anticipated expenditures for the next

13  fiscal year.

14         (b)  The department shall prepare a detailed report on

15  all funds expended by the state and credited toward the

16  state's share of funding for implementation of the

17  comprehensive plan. The report shall include:

18         1.  A description of all expenditures, by source and

19  amount, from the Conservation and Recreation Lands Trust Fund,

20  the Land Acquisition Trust Fund, the Preservation 2000 Trust

21  Fund, the Florida Forever Trust Fund, the Save Our Everglades

22  Trust Fund, and other named funds or accounts for the

23  acquisition or construction of project components or other

24  features or facilities that benefit the comprehensive plan.

25         2.  A description of the purposes for which the funds

26  were expended.

27         3.  The unencumbered fiscal-year-end balance that

28  remains in each trust fund or account identified in

29  subparagraph 1.

30         (c)  The district, in cooperation with the department,

31  shall provide a detailed report on progress made in the

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 1  implementation of the comprehensive plan, including the status

 2  of all project components initiated after the effective date

 3  of this act or the date of the last report prepared under this

 4  subsection, whichever is later.

 5  

 6  The information required in paragraphs (a), (b), and (c) shall

 7  be provided as part of the consolidated annual report required

 8  by s. 373.036(7) annually in a single report to the Governor,

 9  the President of the Senate, and the Speaker of the House of

10  Representatives, and copies of the report must be made

11  available to the public. The initial report is due by November

12  30, 2000, and each annual report thereafter is due by March 1

13  January 31.

14         Section 16.  Paragraph (a) of subsection (6) of section

15  373.536, Florida Statutes, is amended to read:

16         373.536  District budget and hearing thereon.--

17         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

18  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

19         (a)  Each district must, by the date specified for each

20  item, furnish copies of the following documents to the

21  Governor, the President of the Senate, the Speaker of the

22  House of Representatives, the chairs of all legislative

23  committees and subcommittees having substantive or fiscal

24  jurisdiction over the districts, as determined by the

25  President of the Senate or the Speaker of the House of

26  Representatives as applicable, the secretary of the

27  department, and the governing board of each county in which

28  the district has jurisdiction or derives any funds for the

29  operations of the district:

30         1.  The adopted budget, to be furnished within 10 days

31  after its adoption.

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 1         2.  A financial audit of its accounts and records, to

 2  be furnished within 10 days after its acceptance by the

 3  governing board. The audit must be conducted in accordance

 4  with the provisions of s. 11.45 and the rules adopted

 5  thereunder. In addition to the entities named above, the

 6  district must provide a copy of the audit to the Auditor

 7  General within 10 days after its acceptance by the governing

 8  board.

 9         3.  A 5-year capital improvements plan, to be included

10  in the consolidated annual report required by s. 373.036(7)

11  furnished within 45 days after the adoption of the final

12  budget. The plan must include expected sources of revenue for

13  planned improvements and must be prepared in a manner

14  comparable to the fixed capital outlay format set forth in s.

15  216.043.

16         4.  A 5-year water resource development work program to

17  be furnished within 30 45 days after the adoption of the final

18  budget. The program must describe the district's

19  implementation strategy for the water resource development

20  component of each approved regional water supply plan

21  developed or revised under s. 373.0361. The work program must

22  address all the elements of the water resource development

23  component in the district's approved regional water supply

24  plans and must identify which projects in the work program

25  will provide water, explain how each water resource

26  development project will produce additional water available

27  for consumptive uses, estimate the quantity of water to be

28  produced by each project, and provide an assessment of the

29  contribution of the district's regional water supply plans in

30  providing sufficient water to meet the water supply needs of

31  existing and future reasonable-beneficial uses for a

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 1  1-in-10-year drought event. Within 30 45 days after its

 2  submittal, the department shall review the proposed work

 3  program and submit its findings, questions, and comments to

 4  the district. The review must include a written evaluation of

 5  the program's consistency with the furtherance of the

 6  district's approved regional water supply plans, and the

 7  adequacy of proposed expenditures. As part of the review, the

 8  department shall give interested parties the opportunity to

 9  provide written comments on each district's proposed work

10  program. Within 45 60 days after receipt of the department's

11  evaluation, the governing board shall state in writing to the

12  department which changes recommended in the evaluation it will

13  incorporate into its work program submitted as part of the

14  March 1 consolidated annual report required by s. 373.036(7)

15  or specify the reasons for not incorporating the changes. The

16  department shall include the district's responses in a final

17  evaluation report and shall submit a copy of the report to the

18  Governor, the President of the Senate, and the Speaker of the

19  House of Representatives.

20         Section 17.  By February 1, 2006, the Department of

21  Environmental Protection, after consultation with the five

22  water management districts, shall recommend to the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives any additional changes to or consolidation of

25  the existing planning and reporting requirements in chapter

26  373, Florida Statutes, which it deems appropriate to

27  efficiently and effectively protect and use the state's water

28  resources.

29         Section 18.  Section 373.0395, Florida Statutes, is

30  repealed.

31  

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 1         Section 19.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                            CS/SB 2462

 6                                 

 7  The committee substitute for the committee substitute
    clarifies that the bill's provision allowing a water
 8  management district board to substitute an annual strategic
    plan for the required district water management plan and
 9  annual report does not affect any other provision or
    requirement of law concerning the completion of the regional
10  water supply plan.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

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