1 | A bill to be entitled |
2 | An act relating to water management district planning and |
3 | reporting; amending s. 373.036, F.S.; authorizing |
4 | submission of a strategic plan and associated reports in |
5 | lieu of other district water management plan information |
6 | and providing requirements therefor; requiring water |
7 | management districts to submit a consolidated annual |
8 | report and providing requirements therefor; correcting a |
9 | cross reference; amending ss. 11.80, 163.3177, 193.625, |
10 | 373.0397, 373.042, 373.145, 373.1961, 373.199, 373.207, |
11 | 373.414, 373.4592, 373.45926, 373.4595, 373.470, and |
12 | 373.536, F.S.; revising certain reporting requirements and |
13 | cross references to conform; directing the Department of |
14 | Environmental Protection to recommend to the Governor and |
15 | Legislature additional changes to or consolidation of |
16 | planning and reporting requirements of ch. 373, F.S., |
17 | relating to water resources; repealing s. 373.0395, F.S., |
18 | relating to groundwater basin resource availability |
19 | inventories; providing an effective date. |
20 |
|
21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Subsection (4) of section 11.80, Florida |
24 | Statutes, is amended to read: |
25 | 11.80 Joint Legislative Committee on Everglades |
26 | Oversight.-- |
27 | (4) Annually, no later than March January 1, as part of |
28 | the consolidated annual report required by s. 373.036(7), the |
29 | South Florida Water Management District shall report to the |
30 | Joint Legislative Committee on Everglades Oversight on the |
31 | status of the implementation of the Everglades Forever Act. Such |
32 | report shall include, but is not limited to: |
33 | (a) Progress on the Everglades Construction Project. |
34 | (b) Changes to the Everglades Construction Project. |
35 | (c) Actual revenues, compared to projected revenues. |
36 | (d) Projected acquisition costs, construction costs, |
37 | operation and maintenance costs, and projected revenues, over |
38 | the succeeding 5 years. |
39 | Section 2. Paragraph (c) of subsection (6) of section |
40 | 163.3177, Florida Statutes, is amended to read: |
41 | 163.3177 Required and optional elements of comprehensive |
42 | plan; studies and surveys.-- |
43 | (6) In addition to the requirements of subsections |
44 | (1)-(5), the comprehensive plan shall include the following |
45 | elements: |
46 | (c) A general sanitary sewer, solid waste, drainage, |
47 | potable water, and natural groundwater aquifer recharge element |
48 | correlated to principles and guidelines for future land use, |
49 | indicating ways to provide for future potable water, drainage, |
50 | sanitary sewer, solid waste, and aquifer recharge protection |
51 | requirements for the area. The element may be a detailed |
52 | engineering plan including a topographic map depicting areas of |
53 | prime groundwater recharge. The element shall describe the |
54 | problems and needs and the general facilities that will be |
55 | required for solution of the problems and needs. The element |
56 | shall also include a topographic map depicting any areas adopted |
57 | by a regional water management district as prime groundwater |
58 | recharge areas for the Floridan or Biscayne aquifers, pursuant |
59 | to s. 373.0395. These areas shall be given special consideration |
60 | when the local government is engaged in zoning or considering |
61 | future land use for said designated areas. For areas served by |
62 | septic tanks, soil surveys shall be provided which indicate the |
63 | suitability of soils for septic tanks. By December 1, 2006, the |
64 | element must consider the appropriate water management |
65 | district's regional water supply plan approved pursuant to s. |
66 | 373.0361. The element must include a work plan, covering at |
67 | least a 10-year planning period, for building water supply |
68 | facilities that are identified in the element as necessary to |
69 | serve existing and new development and for which the local |
70 | government is responsible. The work plan shall be updated, at a |
71 | minimum, every 5 years within 12 months after the governing |
72 | board of a water management district approves an updated |
73 | regional water supply plan. Amendments to incorporate the work |
74 | plan do not count toward the limitation on the frequency of |
75 | adoption of amendments to the comprehensive plan. |
76 | Section 3. Paragraph (b) of subsection (3) of section |
77 | 193.625, Florida Statutes, is amended to read: |
78 | 193.625 High-water recharge lands; classification and |
79 | assessment.-- |
80 | (3) |
81 | (b) Subject to the restrictions set out in this section, |
82 | only lands that are used primarily for bona fide high-water |
83 | recharge purposes may be classified as high-water recharge. The |
84 | term "bona fide high-water recharge purposes" means good faith |
85 | high-water recharge use of the land. In determining whether the |
86 | use of the land for high-water recharge purposes is bona fide, |
87 | the following factors apply: |
88 | 1. The land use must have been continuous. |
89 | 2. The land use must be vacant residential, vacant |
90 | commercial, vacant industrial, vacant institutional, |
91 | nonagricultural, or single-family residential. The maintenance |
92 | of one single-family residential dwelling on part of the land |
93 | does not in itself preclude a high-water recharge |
94 | classification. |
95 | 3. The land must be located within a prime groundwater |
96 | recharge area established in accordance with s. 373.0395 or in |
97 | an area considered by the appropriate water management district |
98 | to supply significant groundwater recharge. Significant |
99 | groundwater recharge shall be assessed by the appropriate water |
100 | management district on the basis of hydrologic characteristics |
101 | of the soils and underlying geologic formations. |
102 | 4. The land must not be receiving any other special |
103 | classification. |
104 | 5. There must not be in the vicinity of the land any |
105 | activity that has the potential to contaminate the ground water, |
106 | including, but not limited to, the presence of: |
107 | a. Toxic or hazardous substances; |
108 | b. Free-flowing saline artesian wells; |
109 | c. Drainage wells; |
110 | d. Underground storage tanks; or |
111 | e. Any potential pollution source existing on a property |
112 | that drains to the property seeking the high-water recharge |
113 | classification. |
114 | 6. The owner of the property has entered into a contract |
115 | with the county as provided in subsection (5). |
116 | 7. The parcel of land must be at least 10 acres. |
117 |
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118 | Notwithstanding the provisions of this paragraph, the property |
119 | appraiser shall use the best available information on the high- |
120 | water recharge characteristics of lands when making a final |
121 | determination to grant or deny an application for high-water |
122 | recharge assessment for the lands. |
123 | Section 4. Paragraph (b) of subsection (2) of section |
124 | 373.036, Florida Statutes, is amended, paragraph (e) is added to |
125 | said subsection, and subsection (7) is added to said section, to |
126 | read: |
127 | 373.036 Florida water plan; district water management |
128 | plans.-- |
129 | (2) DISTRICT WATER MANAGEMENT PLANS.-- |
130 | (b) The district water management plan shall include, but |
131 | not be limited to: |
132 | 1. The scientific methodologies for establishing minimum |
133 | flows and levels under s. 373.042, and all established minimum |
134 | flows and levels. |
135 | 2. Identification of one or more water supply planning |
136 | regions that singly or together encompass the entire district. |
137 | 3. Technical data and information prepared under s. ss. |
138 | 373.0391 and 373.0395. |
139 | 4. A districtwide water supply assessment, to be completed |
140 | no later than July 1, 1998, which determines for each water |
141 | supply planning region: |
142 | a. Existing legal uses, reasonably anticipated future |
143 | needs, and existing and reasonably anticipated sources of water |
144 | and conservation efforts; and |
145 | b. Whether existing and reasonably anticipated sources of |
146 | water and conservation efforts are adequate to supply water for |
147 | all existing legal uses and reasonably anticipated future needs |
148 | and to sustain the water resources and related natural systems. |
149 | 5. Any completed regional water supply plans. |
150 | (e) At its option, a governing board may substitute an |
151 | annual strategic plan and associated reports for the |
152 | requirements in paragraphs (a) and (b) to develop a district |
153 | water management plan and the district water management plan |
154 | annual report required by subparagraph (7)(b)5., provided that |
155 | the strategic plan meets the following minimum requirements: |
156 | 1. The strategic plan establishes the water management |
157 | district's strategic priorities for at least a future 5-year |
158 | period. |
159 | 2. The strategic plan identifies the goals, strategies, |
160 | success indicators, funding sources, deliverables, and |
161 | milestones to accomplish the strategic priorities. |
162 | 3. The strategic plan development process includes at |
163 | least one publicly noticed meeting to allow public participation |
164 | in its development. |
165 | 4. The strategic plan includes separately, as an addendum, |
166 | an annual work plan report on the implementation of the |
167 | strategic plan for the previous fiscal year, addressing success |
168 | indicators, deliverables, and milestones. |
169 | (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL |
170 | REPORT.-- |
171 | (a) By March 1, 2006, and annually thereafter, each water |
172 | management district shall prepare and submit to the department, |
173 | the Governor, the President of the Senate, and the Speaker of |
174 | the House of Representatives a consolidated water management |
175 | district annual report on the management of water resources. In |
176 | addition, copies must be provided by the water management |
177 | districts to the chairs of all legislative committees having |
178 | substantive or fiscal jurisdiction over the districts and the |
179 | governing board of each county in the district having |
180 | jurisdiction or deriving any funds for operations of the |
181 | district. Copies of the consolidated annual report must be made |
182 | available to the public, either in printed or electronic format. |
183 | (b) The consolidated annual report shall contain the |
184 | following elements, as appropriate to that water management |
185 | district: |
186 | 1. A district water management plan annual report or the |
187 | annual strategic plan option provided in paragraph (2)(e). |
188 | 2. The department-approved minimum flows and levels annual |
189 | priority list and schedule required by s. 373.042(2). |
190 | 3. The annual 5-year capital improvements plan required by |
191 | s. 373.536(6)(a)3. |
192 | 4. The alternative water supplies annual report required |
193 | by s. 373.1961(2)(k). |
194 | 5. The final annual 5-year water resource development work |
195 | program required by s. 373.536(6)(a)4. |
196 | 6. The Florida Forever Water Management District Work Plan |
197 | annual report required by s. 373.199(7). |
198 | 7. The mitigation donation annual report required by s. |
199 | 373.414(1)(b)2. |
200 | (c) Each of the elements listed in paragraph (b) is to be |
201 | addressed in a separate chapter within the consolidated annual |
202 | report, although information common to more than one of these |
203 | elements may be consolidated as deemed appropriate by the |
204 | individual water management district. |
205 | (d) Each water management district may include in the |
206 | consolidated annual report such additional information on the |
207 | status or management of water resources within the district as |
208 | it deems appropriate. |
209 | (e) In addition to the elements specified in paragraph |
210 | (b), the South Florida Water Management District shall include |
211 | in the consolidated annual report the following elements: |
212 | 1. The Lake Okeechobee Protection Program annual progress |
213 | report required by s. 373.4595(3)(g). |
214 | 2. The Everglades annual progress reports specified in s. |
215 | 373.4592(4)(d)5., (13), and (14). |
216 | 3. The Everglades restoration annual report required by |
217 | s. 373.470(7). |
218 | 4. The Everglades Forever Act annual implementation report |
219 | required by s. 11.80(4). |
220 | 5. The Everglades Trust Fund annual expenditure report |
221 | required by s. 373.45926(3). |
222 | Section 5. Section 373.0397, Florida Statutes, is amended |
223 | to read: |
224 | 373.0397 Floridan and Biscayne aquifers; designation of |
225 | prime groundwater recharge areas.--Upon preparation of an |
226 | inventory of prime groundwater recharge areas for the Floridan |
227 | or Biscayne aquifers as a part of the requirements of s. |
228 | 373.0395(3), but prior to adoption by the governing board, the |
229 | water management district shall publish a legal notice of public |
230 | hearing on the designated areas for the Floridan and Biscayne |
231 | aquifers, with a map delineating the boundaries of the areas, in |
232 | newspapers defined in chapter 50 as having general circulation |
233 | within the area to be affected. The notice shall be at least |
234 | one-fourth page and shall read as follows: |
235 |
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236 | NOTICE OF PRIME RECHARGE |
237 | AREA DESIGNATION |
238 |
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239 | The (name of taxing authority) proposes to designate |
240 | specific land areas as areas of prime recharge to the (name of |
241 | aquifer) Aquifer. |
242 | All concerned citizens are invited to attend a public |
243 | hearing on the proposed designation to be held on (date and |
244 | time) at (meeting place) . |
245 | A map of the affected areas follows. |
246 |
|
247 | The governing board of the water management district shall adopt |
248 | a designation of prime groundwater recharge areas to the |
249 | Floridan and Biscayne aquifers by rule within 120 days after the |
250 | public hearing, subject to the provisions of chapter 120. |
251 | Section 6. Subsection (2) of section 373.042, Florida |
252 | Statutes, is amended to read: |
253 | 373.042 Minimum flows and levels.-- |
254 | (2) By November 15, 1997, and annually thereafter, each |
255 | water management district shall submit to the department for |
256 | review and approval a priority list and schedule for the |
257 | establishment of minimum flows and levels for surface |
258 | watercourses, aquifers, and surface waters within the district. |
259 | The priority list shall also identify those water bodies for |
260 | which the district will voluntarily undertake independent |
261 | scientific peer review. By March 1, 2006 January 1, 1998, and |
262 | annually thereafter, each water management district shall |
263 | include publish its approved priority list and schedule in the |
264 | consolidated annual report required by s. 373.036(7) Florida |
265 | Administrative Weekly. The priority list shall be based upon the |
266 | importance of the waters to the state or region and the |
267 | existence of or potential for significant harm to the water |
268 | resources or ecology of the state or region, and shall include |
269 | those waters which are experiencing or may reasonably be |
270 | expected to experience adverse impacts. By January 1, 2003, Each |
271 | water management district's priority list and schedule shall |
272 | include all first magnitude springs, and all second magnitude |
273 | springs within state or federally owned lands purchased for |
274 | conservation purposes. The specific schedule for establishment |
275 | of spring minimum flows and levels shall be commensurate with |
276 | the existing or potential threat to spring flow from consumptive |
277 | uses. Springs within the Suwannee River Water Management |
278 | District, or second magnitude springs in other areas of the |
279 | state, need not be included on the priority list if the water |
280 | management district submits a report to the Department of |
281 | Environmental Protection demonstrating that adverse impacts are |
282 | not now occurring nor are reasonably expected to occur from |
283 | consumptive uses during the next 20 years. The priority list and |
284 | schedule shall not be subject to any proceeding pursuant to |
285 | chapter 120. Except as provided in subsection (3), the |
286 | development of a priority list and compliance with the schedule |
287 | for the establishment of minimum flows and levels pursuant to |
288 | this subsection shall satisfy the requirements of subsection |
289 | (1). |
290 | Section 7. Section 373.145, Florida Statutes, is amended |
291 | to read: |
292 | 373.145 Information program regarding hydrologic |
293 | conditioning and consumption of major surface and groundwater |
294 | sources.--In order to aid in the development of a better |
295 | understanding of the unique surface and groundwater resources of |
296 | this state, the water management districts shall develop an |
297 | information program designed to provide information concerning |
298 | existing hydrologic conditions of major surface and groundwater |
299 | sources in this state and suggestions for good conservation |
300 | practices within those areas. The program shall be developed by |
301 | December 31, 2002. The water management districts shall utilize |
302 | the most efficient means to regularly distribute this |
303 | information to members of the Legislature, the media, and the |
304 | public. Beginning January 1, 2003, and on a regular basis no |
305 | less than every 6 months thereafter, the information developed |
306 | pursuant to this section shall be distributed to every member of |
307 | the Florida Senate and the Florida House of Representatives and |
308 | to local print and broadcast news organizations. Each water |
309 | management district shall be responsible for the distribution of |
310 | this information within its established geographic area. |
311 | Section 8. Paragraph (k) of subsection (2) of section |
312 | 373.1961, Florida Statutes, is amended to read: |
313 | 373.1961 Water production.-- |
314 | (2) The Legislature finds that, due to a combination of |
315 | factors, vastly increased demands have been placed on natural |
316 | supplies of fresh water, and that, absent increased development |
317 | of alternative water supplies, such demands may increase in the |
318 | future. The Legislature also finds that potential exists in the |
319 | state for the production of significant quantities of |
320 | alternative water supplies, including reclaimed water, and that |
321 | water production includes the development of alternative water |
322 | supplies, including reclaimed water, for appropriate uses. It is |
323 | the intent of the Legislature that utilities develop reclaimed |
324 | water systems, where reclaimed water is the most appropriate |
325 | alternative water supply option, to deliver reclaimed water to |
326 | as many users as possible through the most cost-effective means, |
327 | and to construct reclaimed water system infrastructure to their |
328 | owned or operated properties and facilities where they have |
329 | reclamation capability. It is also the intent of the Legislature |
330 | that the water management districts which levy ad valorem taxes |
331 | for water management purposes should share a percentage of those |
332 | tax revenues with water providers and users, including local |
333 | governments, water, wastewater, and reuse utilities, municipal, |
334 | industrial, and agricultural water users, and other public and |
335 | private water users, to be used to supplement other funding |
336 | sources in the development of alternative water supplies. The |
337 | Legislature finds that public moneys or services provided to |
338 | private entities for such uses constitute public purposes which |
339 | are in the public interest. In order to further the development |
340 | and use of alternative water supply systems, including reclaimed |
341 | water systems, the Legislature provides the following: |
342 | (k) By March 1 January 30 of each year, as part of the |
343 | consolidated annual report required by s. 373.036(7), each water |
344 | management district shall submit a report on an annual report to |
345 | the Governor, the President of the Senate, and the Speaker of |
346 | the House of Representatives which accounts for the disbursal of |
347 | all budgeted amounts pursuant to this subsection. Such report |
348 | shall describe all projects funded and shall account separately |
349 | for moneys provided through grants, matching grants, revolving |
350 | loans, and the use of district lands or facilities. |
351 | Section 9. Subsection (7) of section 373.199, Florida |
352 | Statutes, is amended to read: |
353 | 373.199 Florida Forever Water Management District Work |
354 | Plan.-- |
355 | (7) By June 1, 2001, each district shall file with the |
356 | President of the Senate, the Speaker of the House of |
357 | Representatives, and the Secretary of Environmental Protection |
358 | the initial 5-year work plan as required under subsection (2). |
359 | By March January 1 of each year thereafter, as part of the |
360 | consolidated annual report required by s. 373.036(7), each |
361 | district shall file with the President of the Senate, the |
362 | Speaker of the House of Representatives, and the Secretary of |
363 | Environmental Protection a report on of acquisitions completed |
364 | during the year together with modifications or additions to its |
365 | 5-year work plan. Included in the report shall be: |
366 | (a) A description of land management activity for each |
367 | property or project area owned by the water management district. |
368 | (b) A list of any lands surplused and the amount of |
369 | compensation received. |
370 | (c) The progress of funding, staffing, and resource |
371 | management of every project funded pursuant to s. 259.101, s. |
372 | 259.105, or s. 373.59 for which the district is responsible. |
373 |
|
374 | The secretary shall submit the report referenced in this |
375 | subsection to the Board of Trustees of the Internal Improvement |
376 | Trust Fund together with the Acquisition and Restoration |
377 | Council's project list as required under s. 259.105. |
378 | Section 10. Section 373.207, Florida Statutes, is amended |
379 | to read: |
380 | 373.207 Abandoned artesian wells.-- |
381 | (1) Each water management district shall develop a work |
382 | plan which identifies the location of all known abandoned |
383 | artesian wells within its jurisdictional boundaries and defines |
384 | the actions which the district must take in order to ensure that |
385 | each such well is plugged on or before January 1, 1992. The work |
386 | plan shall include the following: |
387 | (1)(a) An initial inventory which accounts for all known |
388 | abandoned artesian wells in the district. |
389 | (2)(b) The location and owner of each known abandoned |
390 | well. |
391 | (3)(c) The methodology proposed by the district to |
392 | accomplish the plugging of all known abandoned wells within the |
393 | district on or before January 1, 1992. |
394 | (4)(d) Data relating to costs to be incurred for the |
395 | plugging of all wells, including the per-well cost and personnel |
396 | costs. |
397 | (5)(e) A schedule of priority for the plugging of wells, |
398 | which schedule is established to mitigate damage to the |
399 | groundwater resource due to water quality degradation. |
400 | (2) Each water management district shall submit an annual |
401 | update of its work plan to the Secretary of Environmental |
402 | Protection by January 1 of each year, until all wells identified |
403 | by the plan are plugged. |
404 | Section 11. Paragraph (b) of subsection (1) of section |
405 | 373.414, Florida Statutes, is amended to read: |
406 | 373.414 Additional criteria for activities in surface |
407 | waters and wetlands.-- |
408 | (1) As part of an applicant's demonstration that an |
409 | activity regulated under this part will not be harmful to the |
410 | water resources or will not be inconsistent with the overall |
411 | objectives of the district, the governing board or the |
412 | department shall require the applicant to provide reasonable |
413 | assurance that state water quality standards applicable to |
414 | waters as defined in s. 403.031(13) will not be violated and |
415 | reasonable assurance that such activity in, on, or over surface |
416 | waters or wetlands, as delineated in s. 373.421(1), is not |
417 | contrary to the public interest. However, if such an activity |
418 | significantly degrades or is within an Outstanding Florida |
419 | Water, as provided by department rule, the applicant must |
420 | provide reasonable assurance that the proposed activity will be |
421 | clearly in the public interest. |
422 | (b) If the applicant is unable to otherwise meet the |
423 | criteria set forth in this subsection, the governing board or |
424 | the department, in deciding to grant or deny a permit, shall |
425 | consider measures proposed by or acceptable to the applicant to |
426 | mitigate adverse effects that may be caused by the regulated |
427 | activity. Such measures may include, but are not limited to, |
428 | onsite mitigation, offsite mitigation, offsite regional |
429 | mitigation, and the purchase of mitigation credits from |
430 | mitigation banks permitted under s. 373.4136. It shall be the |
431 | responsibility of the applicant to choose the form of |
432 | mitigation. The mitigation must offset the adverse effects |
433 | caused by the regulated activity. |
434 | 1. The department or water management districts may accept |
435 | the donation of money as mitigation only where the donation is |
436 | specified for use in a duly noticed environmental creation, |
437 | preservation, enhancement, or restoration project, endorsed by |
438 | the department or the governing board of the water management |
439 | district, which offsets the impacts of the activity permitted |
440 | under this part. However, the provisions of this subsection |
441 | shall not apply to projects undertaken pursuant to s. 373.4137 |
442 | or chapter 378. Where a permit is required under this part to |
443 | implement any project endorsed by the department or a water |
444 | management district, all necessary permits must have been issued |
445 | prior to the acceptance of any cash donation. After the |
446 | effective date of this act, when money is donated to either the |
447 | department or a water management district to offset impacts |
448 | authorized by a permit under this part, the department or the |
449 | water management district shall accept only a donation that |
450 | represents the full cost to the department or water management |
451 | district of undertaking the project that is intended to mitigate |
452 | the adverse impacts. The full cost shall include all direct and |
453 | indirect costs, as applicable, such as those for land |
454 | acquisition, land restoration or enhancement, perpetual land |
455 | management, and general overhead consisting of costs such as |
456 | staff time, building, and vehicles. The department or the water |
457 | management district may use a multiplier or percentage to add to |
458 | other direct or indirect costs to estimate general overhead. |
459 | Mitigation credit for such a donation shall be given only to the |
460 | extent that the donation covers the full cost to the agency of |
461 | undertaking the project that is intended to mitigate the adverse |
462 | impacts. However, nothing herein shall be construed to prevent |
463 | the department or a water management district from accepting a |
464 | donation representing a portion of a larger project, provided |
465 | that the donation covers the full cost of that portion and |
466 | mitigation credit is given only for that portion. The department |
467 | or water management district may deviate from the full cost |
468 | requirements of this subparagraph to resolve a proceeding |
469 | brought pursuant to chapter 70 or a claim for inverse |
470 | condemnation. Nothing in this section shall be construed to |
471 | require the owner of a private mitigation bank, permitted under |
472 | s. 373.4136, to include the full cost of a mitigation credit in |
473 | the price of the credit to a purchaser of said credit. |
474 | 2. The department and each water management district shall |
475 | report by March 1 to the Executive Office of the Governor by |
476 | January 31 of each year, as part of the consolidated annual |
477 | report required by s. 373.036(7), all cash donations accepted |
478 | under subparagraph 1. during the preceding water management |
479 | district fiscal calendar year for wetland mitigation purposes. |
480 | The report shall exclude those contributions pursuant to s. |
481 | 373.4137. The report shall include a description of the endorsed |
482 | mitigation projects and, except for projects governed by s. |
483 | 373.4135(6), shall address, as applicable, success criteria, |
484 | project implementation status and timeframe, monitoring, long- |
485 | term management, provisions for preservation, and full cost |
486 | accounting. |
487 | 3. If the applicant is unable to meet water quality |
488 | standards because existing ambient water quality does not meet |
489 | standards, the governing board or the department shall consider |
490 | mitigation measures proposed by or acceptable to the applicant |
491 | that cause net improvement of the water quality in the receiving |
492 | body of water for those parameters which do not meet standards. |
493 | 4. If mitigation requirements imposed by a local |
494 | government for surface water and wetland impacts of an activity |
495 | regulated under this part cannot be reconciled with mitigation |
496 | requirements approved under a permit for the same activity |
497 | issued under this part, including application of the uniform |
498 | wetland mitigation assessment method adopted pursuant to |
499 | subsection (18), the mitigation requirements for surface water |
500 | and wetland impacts shall be controlled by the permit issued |
501 | under this part. |
502 | Section 12. Paragraph (d) of subsection (4) and |
503 | subsections (13) and (14) of section 373.4592, Florida Statutes, |
504 | are amended to read: |
505 | 373.4592 Everglades improvement and management.-- |
506 | (4) EVERGLADES PROGRAM.-- |
507 | (d) Everglades research and monitoring program.-- |
508 | 1. The department and the district shall review and |
509 | evaluate available water quality data for the Everglades |
510 | Protection Area and tributary waters and identify any additional |
511 | information necessary to adequately describe water quality in |
512 | the Everglades Protection Area and tributary waters. The |
513 | department and the district shall also initiate a research and |
514 | monitoring program to generate such additional information |
515 | identified and to evaluate the effectiveness of the BMPs and |
516 | STAs, as they are implemented, in improving water quality and |
517 | maintaining designated and existing beneficial uses of the |
518 | Everglades Protection Area and tributary waters. As part of the |
519 | program, the district shall monitor all discharges into the |
520 | Everglades Protection Area for purposes of determining |
521 | compliance with state water quality standards. |
522 | 2. The research and monitoring program shall evaluate the |
523 | ecological and hydrological needs of the Everglades Protection |
524 | Area, including the minimum flows and levels. Consistent with |
525 | such needs, the program shall also evaluate water quality |
526 | standards for the Everglades Protection Area and for the canals |
527 | of the EAA, so that these canals can be classified in the manner |
528 | set forth in paragraph (e) and protected as an integral part of |
529 | the water management system which includes the STAs of the |
530 | Everglades Construction Project and allows landowners in the EAA |
531 | to achieve applicable water quality standards compliance by BMPs |
532 | and STA treatment to the extent this treatment is available and |
533 | effective. |
534 | 3. The research and monitoring program shall include |
535 | research seeking to optimize the design and operation of the |
536 | STAs, including research to reduce outflow concentrations, and |
537 | to identify other treatment and management methods and |
538 | regulatory programs that are superior to STAs in achieving the |
539 | intent and purposes of this section. |
540 | 4. The research and monitoring program shall be conducted |
541 | to allow the department to propose a phosphorus criterion in the |
542 | Everglades Protection Area, and to evaluate existing state water |
543 | quality standards applicable to the Everglades Protection Area |
544 | and existing state water quality standards and classifications |
545 | applicable to the EAA canals. In developing the phosphorus |
546 | criterion, the department shall also consider the minimum flows |
547 | and levels for the Everglades Protection Area and the district's |
548 | water supply plans for the Lower East Coast. |
549 | 5. Beginning March 1, 2006, as part of the consolidated |
550 | annual report required by s. 373.036(7) January 1, 2000, the |
551 | district and the department shall annually issue a peer-reviewed |
552 | report regarding the research and monitoring program that |
553 | summarizes all data and findings. The department shall provide |
554 | copies of the report to the Governor, the President of the |
555 | Senate, and the Speaker of the House of Representatives. The |
556 | report shall identify water quality parameters, in addition to |
557 | phosphorus, which exceed state water quality standards or are |
558 | causing or contributing to adverse impacts in the Everglades |
559 | Protection Area. |
560 | 6. The district shall continue research seeking to |
561 | optimize the design and operation of STAs and to identify other |
562 | treatment and management methods that are superior to STAs in |
563 | achieving optimum water quality and water quantity for the |
564 | benefit of the Everglades. The district shall optimize the |
565 | design and operation of the STAs described in the Everglades |
566 | Construction Project prior to expanding their size. Additional |
567 | methods to achieve compliance with water quality standards shall |
568 | not be limited to more intensive management of the STAs. |
569 | (13) ANNUAL REPORTS.--Beginning March 1, 2006, as part of |
570 | the consolidated annual report required by s. 373.036(7) January |
571 | 1, 1992, the district shall report on submit to the department, |
572 | the Governor, the Speaker of the House of Representatives, the |
573 | Minority Leader of the House of Representatives, the President |
574 | of the Senate, and the Minority Leader of the Senate annual |
575 | progress reports regarding implementation of the section. The |
576 | annual report will include a summary of the water conditions in |
577 | the Everglades Protection Area, the status of the impacted |
578 | areas, the status of the construction of the STAs, the |
579 | implementation of the BMPs, and actions taken to monitor and |
580 | control exotic species. The district must prepare the report in |
581 | coordination with federal and state agencies. |
582 | (14) EVERGLADES FUND.--The South Florida Water Management |
583 | District is directed to separately account for all moneys used |
584 | for the purpose of funding the Everglades Construction Project |
585 | as part of the consolidated annual report required by s. |
586 | 373.036(7). |
587 | Section 13. Subsection (3) of section 373.45926, Florida |
588 | Statutes, is amended to read: |
589 | 373.45926 Everglades Trust Fund; allocation of revenues |
590 | and expenditure of funds for conservation and protection of |
591 | natural resources and abatement of water pollution.-- |
592 | (3) The South Florida Water Management District shall |
593 | furnish, as part of the consolidated annual report required by |
594 | s. 373.036(7) on a quarterly basis, a detailed copy of its |
595 | expenditures from the Everglades Trust Fund to the Governor, the |
596 | President of the Senate, and the Speaker of the House of |
597 | Representatives, and shall make copies available to the public. |
598 | The information shall be provided in a format approved by the |
599 | Joint Legislative Committee on Everglades Oversight. At the |
600 | direction of the Joint Legislative Committee on Everglades |
601 | Oversight, an audit may be made from time to time by the Auditor |
602 | General, and such audit shall be within the authority of said |
603 | Auditor General to make. |
604 | Section 14. Paragraph (g) of subsection (3) of section |
605 | 373.4595, Florida Statutes, is amended to read: |
606 | 373.4595 Lake Okeechobee Protection Program.-- |
607 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
608 | program for Lake Okeechobee that achieves phosphorus load |
609 | reductions for Lake Okeechobee shall be immediately implemented |
610 | as specified in this subsection. The program shall address the |
611 | reduction of phosphorus loading to the lake from both internal |
612 | and external sources. Phosphorus load reductions shall be |
613 | achieved through a phased program of implementation. Initial |
614 | implementation actions shall be technology-based, based upon a |
615 | consideration of both the availability of appropriate technology |
616 | and the cost of such technology, and shall include phosphorus |
617 | reduction measures at both the source and the regional level. |
618 | The initial phase of phosphorus load reductions shall be based |
619 | upon the district's Technical Publication 81-2 and the |
620 | district's WOD program, with subsequent phases of phosphorus |
621 | load reductions based upon the total maximum daily loads |
622 | established in accordance with s. 403.067. In the development |
623 | and administration of the Lake Okeechobee Protection Program, |
624 | the coordinating agencies shall maximize opportunities provided |
625 | by federal cost-sharing programs and opportunities for |
626 | partnerships with the private sector. |
627 | (g) Annual progress report.--Each March January 1, |
628 | beginning in 2006 2001, the district shall report on submit to |
629 | the Governor, the President of the Senate, and the Speaker of |
630 | the House of Representatives annual progress reports regarding |
631 | implementation of this section as part of the consolidated |
632 | annual report required in s. 373.036(7). The annual report shall |
633 | include a summary of water quality and habitat conditions in |
634 | Lake Okeechobee and the Lake Okeechobee watershed and the status |
635 | of the Lake Okeechobee Construction Project. The district shall |
636 | prepare the report in cooperation with the other coordinating |
637 | agencies. |
638 | Section 15. Subsection (7) of section 373.470, Florida |
639 | Statutes, is amended to read: |
640 | 373.470 Everglades restoration.-- |
641 | (7) ANNUAL REPORT.--To provide enhanced oversight of and |
642 | accountability for the financial commitments established under |
643 | this section and the progress made in the implementation of the |
644 | comprehensive plan, the following information must be prepared |
645 | annually as part of the consolidated annual report required by |
646 | s. 373.036(7): |
647 | (a) The district, in cooperation with the department, |
648 | shall provide the following information as it relates to |
649 | implementation of the comprehensive plan: |
650 | 1. An identification of funds, by source and amount, |
651 | received by the state and by each local sponsor during the |
652 | fiscal year. |
653 | 2. An itemization of expenditures, by source and amount, |
654 | made by the state and by each local sponsor during the fiscal |
655 | year. |
656 | 3. A description of the purpose for which the funds were |
657 | expended. |
658 | 4. The unencumbered balance of funds remaining in trust |
659 | funds or other accounts designated for implementation of the |
660 | comprehensive plan. |
661 | 5. A schedule of anticipated expenditures for the next |
662 | fiscal year. |
663 | (b) The department shall prepare a detailed report on all |
664 | funds expended by the state and credited toward the state's |
665 | share of funding for implementation of the comprehensive plan. |
666 | The report shall include: |
667 | 1. A description of all expenditures, by source and |
668 | amount, from the Conservation and Recreation Lands Trust Fund, |
669 | the Land Acquisition Trust Fund, the Preservation 2000 Trust |
670 | Fund, the Florida Forever Trust Fund, the Save Our Everglades |
671 | Trust Fund, and other named funds or accounts for the |
672 | acquisition or construction of project components or other |
673 | features or facilities that benefit the comprehensive plan. |
674 | 2. A description of the purposes for which the funds were |
675 | expended. |
676 | 3. The unencumbered fiscal-year-end balance that remains |
677 | in each trust fund or account identified in subparagraph 1. |
678 | (c) The district, in cooperation with the department, |
679 | shall provide a detailed report on progress made in the |
680 | implementation of the comprehensive plan, including the status |
681 | of all project components initiated after the effective date of |
682 | this act or the date of the last report prepared under this |
683 | subsection, whichever is later. |
684 |
|
685 | The information required in paragraphs (a), (b), and (c) shall |
686 | be provided as part of the consolidated annual report required |
687 | by s. 373.036(7) annually in a single report to the Governor, |
688 | the President of the Senate, and the Speaker of the House of |
689 | Representatives, and copies of the report must be made available |
690 | to the public. The initial report is due by November 30, 2000, |
691 | and each annual report thereafter is due by March 1 January 31. |
692 | Section 16. Paragraph (a) of subsection (6) of section |
693 | 373.536, Florida Statutes, is amended to read: |
694 | 373.536 District budget and hearing thereon.-- |
695 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
696 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- |
697 | (a) Each district must, by the date specified for each |
698 | item, furnish copies of the following documents to the Governor, |
699 | the President of the Senate, the Speaker of the House of |
700 | Representatives, the chairs of all legislative committees and |
701 | subcommittees having substantive or fiscal jurisdiction over the |
702 | districts, as determined by the President of the Senate or the |
703 | Speaker of the House of Representatives as applicable, the |
704 | secretary of the department, and the governing board of each |
705 | county in which the district has jurisdiction or derives any |
706 | funds for the operations of the district: |
707 | 1. The adopted budget, to be furnished within 10 days |
708 | after its adoption. |
709 | 2. A financial audit of its accounts and records, to be |
710 | furnished within 10 days after its acceptance by the governing |
711 | board. The audit must be conducted in accordance with the |
712 | provisions of s. 11.45 and the rules adopted thereunder. In |
713 | addition to the entities named above, the district must provide |
714 | a copy of the audit to the Auditor General within 10 days after |
715 | its acceptance by the governing board. |
716 | 3. A 5-year capital improvements plan, to be included in |
717 | the consolidated annual report required by s. 373.036(7) |
718 | furnished within 45 days after the adoption of the final budget. |
719 | The plan must include expected sources of revenue for planned |
720 | improvements and must be prepared in a manner comparable to the |
721 | fixed capital outlay format set forth in s. 216.043. |
722 | 4. A 5-year water resource development work program to be |
723 | furnished within 30 45 days after the adoption of the final |
724 | budget. The program must describe the district's implementation |
725 | strategy for the water resource development component of each |
726 | approved regional water supply plan developed or revised under |
727 | s. 373.0361. The work program must address all the elements of |
728 | the water resource development component in the district's |
729 | approved regional water supply plans and must identify which |
730 | projects in the work program will provide water, explain how |
731 | each water resource development project will produce additional |
732 | water available for consumptive uses, estimate the quantity of |
733 | water to be produced by each project, and provide an assessment |
734 | of the contribution of the district's regional water supply |
735 | plans in providing sufficient water to meet the water supply |
736 | needs of existing and future reasonable-beneficial uses for a 1- |
737 | in-10-year drought event. Within 30 45 days after its submittal, |
738 | the department shall review the proposed work program and submit |
739 | its findings, questions, and comments to the district. The |
740 | review must include a written evaluation of the program's |
741 | consistency with the furtherance of the district's approved |
742 | regional water supply plans, and the adequacy of proposed |
743 | expenditures. As part of the review, the department shall give |
744 | interested parties the opportunity to provide written comments |
745 | on each district's proposed work program. Within 45 60 days |
746 | after receipt of the department's evaluation, the governing |
747 | board shall state in writing to the department which changes |
748 | recommended in the evaluation it will incorporate into its work |
749 | program submitted as part of the March 1 consolidated annual |
750 | report required by s. 373.036(7) or specify the reasons for not |
751 | incorporating the changes. The department shall include the |
752 | district's responses in a final evaluation report and shall |
753 | submit a copy of the report to the Governor, the President of |
754 | the Senate, and the Speaker of the House of Representatives. |
755 | Section 17. By February 1, 2006, the Department of |
756 | Environmental Protection, after consultation with the five water |
757 | management districts, shall recommend to the Governor, the |
758 | President of the Senate, and the Speaker of the House of |
759 | Representatives any additional changes to or consolidation of |
760 | the existing planning and reporting requirements of chapter 373, |
761 | Florida Statutes, that it deems appropriate to efficiently and |
762 | effectively protect and utilize the state's water resources. |
763 | Section 18. Section 373.0395, Florida Statutes, is |
764 | repealed. |
765 | Section 19. This act shall take effect July 1, 2005. |