HB 0727

1
A bill to be entitled
2An act relating to water management district planning and
3reporting; amending s. 373.036, F.S.; authorizing
4submission of a strategic plan and associated reports in
5lieu of other district water management plan information
6and providing requirements therefor; requiring water
7management districts to submit a consolidated annual
8report and providing requirements therefor; correcting a
9cross reference; amending ss. 11.80, 163.3177, 193.625,
10373.0397, 373.042, 373.145, 373.1961, 373.199, 373.207,
11373.414, 373.4592, 373.45926, 373.4595, 373.470, and
12373.536, F.S.; revising certain reporting requirements and
13cross references to conform; directing the Department of
14Environmental Protection to recommend to the Governor and
15Legislature additional changes to or consolidation of
16planning and reporting requirements of ch. 373, F.S.,
17relating to water resources; repealing s. 373.0395, F.S.,
18relating to groundwater basin resource availability
19inventories; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (4) of section 11.80, Florida
24Statutes, is amended to read:
25     11.80  Joint Legislative Committee on Everglades
26Oversight.--
27     (4)  Annually, no later than March January 1, as part of
28the consolidated annual report required by s. 373.036(7), the
29South Florida Water Management District shall report to the
30Joint Legislative Committee on Everglades Oversight on the
31status of the implementation of the Everglades Forever Act. Such
32report 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,
37operation and maintenance costs, and projected revenues, over
38the succeeding 5 years.
39     Section 2.  Paragraph (c) of subsection (6) of section
40163.3177, Florida Statutes, is amended to read:
41     163.3177  Required and optional elements of comprehensive
42plan; studies and surveys.--
43     (6)  In addition to the requirements of subsections
44(1)-(5), the comprehensive plan shall include the following
45elements:
46     (c)  A general sanitary sewer, solid waste, drainage,
47potable water, and natural groundwater aquifer recharge element
48correlated to principles and guidelines for future land use,
49indicating ways to provide for future potable water, drainage,
50sanitary sewer, solid waste, and aquifer recharge protection
51requirements for the area. The element may be a detailed
52engineering plan including a topographic map depicting areas of
53prime groundwater recharge. The element shall describe the
54problems and needs and the general facilities that will be
55required for solution of the problems and needs. The element
56shall also include a topographic map depicting any areas adopted
57by a regional water management district as prime groundwater
58recharge areas for the Floridan or Biscayne aquifers, pursuant
59to s. 373.0395. These areas shall be given special consideration
60when the local government is engaged in zoning or considering
61future land use for said designated areas. For areas served by
62septic tanks, soil surveys shall be provided which indicate the
63suitability of soils for septic tanks. By December 1, 2006, the
64element must consider the appropriate water management
65district's regional water supply plan approved pursuant to s.
66373.0361. The element must include a work plan, covering at
67least a 10-year planning period, for building water supply
68facilities that are identified in the element as necessary to
69serve existing and new development and for which the local
70government is responsible. The work plan shall be updated, at a
71minimum, every 5 years within 12 months after the governing
72board of a water management district approves an updated
73regional water supply plan. Amendments to incorporate the work
74plan do not count toward the limitation on the frequency of
75adoption of amendments to the comprehensive plan.
76     Section 3.  Paragraph (b) of subsection (3) of section
77193.625, Florida Statutes, is amended to read:
78     193.625  High-water recharge lands; classification and
79assessment.--
80     (3)
81     (b)  Subject to the restrictions set out in this section,
82only lands that are used primarily for bona fide high-water
83recharge purposes may be classified as high-water recharge. The
84term "bona fide high-water recharge purposes" means good faith
85high-water recharge use of the land. In determining whether the
86use of the land for high-water recharge purposes is bona fide,
87the following factors apply:
88     1.  The land use must have been continuous.
89     2.  The land use must be vacant residential, vacant
90commercial, vacant industrial, vacant institutional,
91nonagricultural, or single-family residential. The maintenance
92of one single-family residential dwelling on part of the land
93does not in itself preclude a high-water recharge
94classification.
95     3.  The land must be located within a prime groundwater
96recharge area established in accordance with s. 373.0395 or in
97an area considered by the appropriate water management district
98to supply significant groundwater recharge. Significant
99groundwater recharge shall be assessed by the appropriate water
100management district on the basis of hydrologic characteristics
101of the soils and underlying geologic formations.
102     4.  The land must not be receiving any other special
103classification.
104     5.  There must not be in the vicinity of the land any
105activity that has the potential to contaminate the ground water,
106including, 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
112that drains to the property seeking the high-water recharge
113classification.
114     6.  The owner of the property has entered into a contract
115with the county as provided in subsection (5).
116     7.  The parcel of land must be at least 10 acres.
117
118Notwithstanding the provisions of this paragraph, the property
119appraiser shall use the best available information on the high-
120water recharge characteristics of lands when making a final
121determination to grant or deny an application for high-water
122recharge assessment for the lands.
123     Section 4.  Paragraph (b) of subsection (2) of section
124373.036, Florida Statutes, is amended, paragraph (e) is added to
125said subsection, and subsection (7) is added to said section, to
126read:
127     373.036  Florida water plan; district water management
128plans.--
129     (2)  DISTRICT WATER MANAGEMENT PLANS.--
130     (b)  The district water management plan shall include, but
131not be limited to:
132     1.  The scientific methodologies for establishing minimum
133flows and levels under s. 373.042, and all established minimum
134flows and levels.
135     2.  Identification of one or more water supply planning
136regions that singly or together encompass the entire district.
137     3.  Technical data and information prepared under s. ss.
138373.0391 and 373.0395.
139     4.  A districtwide water supply assessment, to be completed
140no later than July 1, 1998, which determines for each water
141supply planning region:
142     a.  Existing legal uses, reasonably anticipated future
143needs, and existing and reasonably anticipated sources of water
144and conservation efforts; and
145     b.  Whether existing and reasonably anticipated sources of
146water and conservation efforts are adequate to supply water for
147all existing legal uses and reasonably anticipated future needs
148and 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
151annual strategic plan and associated reports for the
152requirements in paragraphs (a) and (b) to develop a district
153water management plan and the district water management plan
154annual report required by subparagraph (7)(b)5., provided that
155the strategic plan meets the following minimum requirements:
156     1.  The strategic plan establishes the water management
157district's strategic priorities for at least a future 5-year
158period.
159     2.  The strategic plan identifies the goals, strategies,
160success indicators, funding sources, deliverables, and
161milestones to accomplish the strategic priorities.
162     3.  The strategic plan development process includes at
163least one publicly noticed meeting to allow public participation
164in its development.
165     4.  The strategic plan includes separately, as an addendum,
166an annual work plan report on the implementation of the
167strategic plan for the previous fiscal year, addressing success
168indicators, deliverables, and milestones.
169     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
170REPORT.--
171     (a)  By March 1, 2006, and annually thereafter, each water
172management district shall prepare and submit to the department,
173the Governor, the President of the Senate, and the Speaker of
174the House of Representatives a consolidated water management
175district annual report on the management of water resources. In
176addition, copies must be provided by the water management
177districts to the chairs of all legislative committees having
178substantive or fiscal jurisdiction over the districts and the
179governing board of each county in the district having
180jurisdiction or deriving any funds for operations of the
181district. Copies of the consolidated annual report must be made
182available to the public, either in printed or electronic format.
183     (b)  The consolidated annual report shall contain the
184following elements, as appropriate to that water management
185district:
186     1.  A district water management plan annual report or the
187annual strategic plan option provided in paragraph (2)(e).
188     2.  The department-approved minimum flows and levels annual
189priority list and schedule required by s. 373.042(2).
190     3.  The annual 5-year capital improvements plan required by
191s. 373.536(6)(a)3.
192     4.  The alternative water supplies annual report required
193by s. 373.1961(2)(k).
194     5.  The final annual 5-year water resource development work
195program required by s. 373.536(6)(a)4.
196     6.  The Florida Forever Water Management District Work Plan
197annual report required by s. 373.199(7).
198     7.  The mitigation donation annual report required by s.
199373.414(1)(b)2.
200     (c)  Each of the elements listed in paragraph (b) is to be
201addressed in a separate chapter within the consolidated annual
202report, although information common to more than one of these
203elements may be consolidated as deemed appropriate by the
204individual water management district.
205     (d)  Each water management district may include in the
206consolidated annual report such additional information on the
207status or management of water resources within the district as
208it deems appropriate.
209     (e)  In addition to the elements specified in paragraph
210(b), the South Florida Water Management District shall include
211in the consolidated annual report the following elements:
212     1.  The Lake Okeechobee Protection Program annual progress
213report required by s. 373.4595(3)(g).
214     2.  The Everglades annual progress reports specified in s.
215373.4592(4)(d)5., (13), and (14).
216     3.     The Everglades restoration annual report required by
217s. 373.470(7).
218     4.  The Everglades Forever Act annual implementation report
219required by s. 11.80(4).
220     5.  The Everglades Trust Fund annual expenditure report
221required by s. 373.45926(3).
222     Section 5.  Section 373.0397, Florida Statutes, is amended
223to read:
224     373.0397  Floridan and Biscayne aquifers; designation of
225prime groundwater recharge areas.--Upon preparation of an
226inventory of prime groundwater recharge areas for the Floridan
227or Biscayne aquifers as a part of the requirements of s.
228373.0395(3), but prior to adoption by the governing board, the
229water management district shall publish a legal notice of public
230hearing on the designated areas for the Floridan and Biscayne
231aquifers, with a map delineating the boundaries of the areas, in
232newspapers defined in chapter 50 as having general circulation
233within the area to be affected. The notice shall be at least
234one-fourth page and shall read as follows:
235
236
NOTICE OF PRIME RECHARGE
237
AREA DESIGNATION
238
239     The   (name of taxing authority)   proposes to designate
240specific land areas as areas of prime recharge to the   (name of
241aquifer)   Aquifer.
242     All concerned citizens are invited to attend a public
243hearing on the proposed designation to be held on   (date and
244time)   at   (meeting place)  .
245     A map of the affected areas follows.
246
247The governing board of the water management district shall adopt
248a designation of prime groundwater recharge areas to the
249Floridan and Biscayne aquifers by rule within 120 days after the
250public hearing, subject to the provisions of chapter 120.
251     Section 6.  Subsection (2) of section 373.042, Florida
252Statutes, is amended to read:
253     373.042  Minimum flows and levels.--
254     (2)  By November 15, 1997, and annually thereafter, each
255water management district shall submit to the department for
256review and approval a priority list and schedule for the
257establishment of minimum flows and levels for surface
258watercourses, aquifers, and surface waters within the district.
259The priority list shall also identify those water bodies for
260which the district will voluntarily undertake independent
261scientific peer review. By March 1, 2006 January 1, 1998, and
262annually thereafter, each water management district shall
263include publish its approved priority list and schedule in the
264consolidated annual report required by s. 373.036(7) Florida
265Administrative Weekly. The priority list shall be based upon the
266importance of the waters to the state or region and the
267existence of or potential for significant harm to the water
268resources or ecology of the state or region, and shall include
269those waters which are experiencing or may reasonably be
270expected to experience adverse impacts. By January 1, 2003, Each
271water management district's priority list and schedule shall
272include all first magnitude springs, and all second magnitude
273springs within state or federally owned lands purchased for
274conservation purposes. The specific schedule for establishment
275of spring minimum flows and levels shall be commensurate with
276the existing or potential threat to spring flow from consumptive
277uses. Springs within the Suwannee River Water Management
278District, or second magnitude springs in other areas of the
279state, need not be included on the priority list if the water
280management district submits a report to the Department of
281Environmental Protection demonstrating that adverse impacts are
282not now occurring nor are reasonably expected to occur from
283consumptive uses during the next 20 years. The priority list and
284schedule shall not be subject to any proceeding pursuant to
285chapter 120. Except as provided in subsection (3), the
286development of a priority list and compliance with the schedule
287for the establishment of minimum flows and levels pursuant to
288this subsection shall satisfy the requirements of subsection
289(1).
290     Section 7.  Section 373.145, Florida Statutes, is amended
291to read:
292     373.145  Information program regarding hydrologic
293conditioning and consumption of major surface and groundwater
294sources.--In order to aid in the development of a better
295understanding of the unique surface and groundwater resources of
296this state, the water management districts shall develop an
297information program designed to provide information concerning
298existing hydrologic conditions of major surface and groundwater
299sources in this state and suggestions for good conservation
300practices within those areas. The program shall be developed by
301December 31, 2002. The water management districts shall utilize
302the most efficient means to regularly distribute this
303information to members of the Legislature, the media, and the
304public. Beginning January 1, 2003, and on a regular basis no
305less than every 6 months thereafter, the information developed
306pursuant to this section shall be distributed to every member of
307the Florida Senate and the Florida House of Representatives and
308to local print and broadcast news organizations. Each water
309management district shall be responsible for the distribution of
310this information within its established geographic area.
311     Section 8.  Paragraph (k) of subsection (2) of section
312373.1961, Florida Statutes, is amended to read:
313     373.1961  Water production.--
314     (2)  The Legislature finds that, due to a combination of
315factors, vastly increased demands have been placed on natural
316supplies of fresh water, and that, absent increased development
317of alternative water supplies, such demands may increase in the
318future. The Legislature also finds that potential exists in the
319state for the production of significant quantities of
320alternative water supplies, including reclaimed water, and that
321water production includes the development of alternative water
322supplies, including reclaimed water, for appropriate uses. It is
323the intent of the Legislature that utilities develop reclaimed
324water systems, where reclaimed water is the most appropriate
325alternative water supply option, to deliver reclaimed water to
326as many users as possible through the most cost-effective means,
327and to construct reclaimed water system infrastructure to their
328owned or operated properties and facilities where they have
329reclamation capability. It is also the intent of the Legislature
330that the water management districts which levy ad valorem taxes
331for water management purposes should share a percentage of those
332tax revenues with water providers and users, including local
333governments, water, wastewater, and reuse utilities, municipal,
334industrial, and agricultural water users, and other public and
335private water users, to be used to supplement other funding
336sources in the development of alternative water supplies. The
337Legislature finds that public moneys or services provided to
338private entities for such uses constitute public purposes which
339are in the public interest. In order to further the development
340and use of alternative water supply systems, including reclaimed
341water systems, the Legislature provides the following:
342     (k)  By March 1 January 30 of each year, as part of the
343consolidated annual report required by s. 373.036(7), each water
344management district shall submit a report on an annual report to
345the Governor, the President of the Senate, and the Speaker of
346the House of Representatives which accounts for the disbursal of
347all budgeted amounts pursuant to this subsection. Such report
348shall describe all projects funded and shall account separately
349for moneys provided through grants, matching grants, revolving
350loans, and the use of district lands or facilities.
351     Section 9.  Subsection (7) of section 373.199, Florida
352Statutes, is amended to read:
353     373.199  Florida Forever Water Management District Work
354Plan.--
355     (7)  By June 1, 2001, each district shall file with the
356President of the Senate, the Speaker of the House of
357Representatives, and the Secretary of Environmental Protection
358the initial 5-year work plan as required under subsection (2).
359By March January 1 of each year thereafter, as part of the
360consolidated annual report required by s. 373.036(7), each
361district shall file with the President of the Senate, the
362Speaker of the House of Representatives, and the Secretary of
363Environmental Protection a report on of acquisitions completed
364during the year together with modifications or additions to its
3655-year work plan. Included in the report shall be:
366     (a)  A description of land management activity for each
367property or project area owned by the water management district.
368     (b)  A list of any lands surplused and the amount of
369compensation received.
370     (c)  The progress of funding, staffing, and resource
371management of every project funded pursuant to s. 259.101, s.
372259.105, or s. 373.59 for which the district is responsible.
373
374The secretary shall submit the report referenced in this
375subsection to the Board of Trustees of the Internal Improvement
376Trust Fund together with the Acquisition and Restoration
377Council's project list as required under s. 259.105.
378     Section 10.  Section 373.207, Florida Statutes, is amended
379to read:
380     373.207  Abandoned artesian wells.--
381     (1)  Each water management district shall develop a work
382plan which identifies the location of all known abandoned
383artesian wells within its jurisdictional boundaries and defines
384the actions which the district must take in order to ensure that
385each such well is plugged on or before January 1, 1992. The work
386plan shall include the following:
387     (1)(a)  An initial inventory which accounts for all known
388abandoned artesian wells in the district.
389     (2)(b)  The location and owner of each known abandoned
390well.
391     (3)(c)  The methodology proposed by the district to
392accomplish the plugging of all known abandoned wells within the
393district on or before January 1, 1992.
394     (4)(d)  Data relating to costs to be incurred for the
395plugging of all wells, including the per-well cost and personnel
396costs.
397     (5)(e)  A schedule of priority for the plugging of wells,
398which schedule is established to mitigate damage to the
399groundwater resource due to water quality degradation.
400     (2)  Each water management district shall submit an annual
401update of its work plan to the Secretary of Environmental
402Protection by January 1 of each year, until all wells identified
403by the plan are plugged.
404     Section 11.  Paragraph (b) of subsection (1) of section
405373.414, Florida Statutes, is amended to read:
406     373.414  Additional criteria for activities in surface
407waters and wetlands.--
408     (1)  As part of an applicant's demonstration that an
409activity regulated under this part will not be harmful to the
410water resources or will not be inconsistent with the overall
411objectives of the district, the governing board or the
412department shall require the applicant to provide reasonable
413assurance that state water quality standards applicable to
414waters as defined in s. 403.031(13) will not be violated and
415reasonable assurance that such activity in, on, or over surface
416waters or wetlands, as delineated in s. 373.421(1), is not
417contrary to the public interest. However, if such an activity
418significantly degrades or is within an Outstanding Florida
419Water, as provided by department rule, the applicant must
420provide reasonable assurance that the proposed activity will be
421clearly in the public interest.
422     (b)  If the applicant is unable to otherwise meet the
423criteria set forth in this subsection, the governing board or
424the department, in deciding to grant or deny a permit, shall
425consider measures proposed by or acceptable to the applicant to
426mitigate adverse effects that may be caused by the regulated
427activity. Such measures may include, but are not limited to,
428onsite mitigation, offsite mitigation, offsite regional
429mitigation, and the purchase of mitigation credits from
430mitigation banks permitted under s. 373.4136. It shall be the
431responsibility of the applicant to choose the form of
432mitigation. The mitigation must offset the adverse effects
433caused by the regulated activity.
434     1.  The department or water management districts may accept
435the donation of money as mitigation only where the donation is
436specified for use in a duly noticed environmental creation,
437preservation, enhancement, or restoration project, endorsed by
438the department or the governing board of the water management
439district, which offsets the impacts of the activity permitted
440under this part. However, the provisions of this subsection
441shall not apply to projects undertaken pursuant to s. 373.4137
442or chapter 378. Where a permit is required under this part to
443implement any project endorsed by the department or a water
444management district, all necessary permits must have been issued
445prior to the acceptance of any cash donation. After the
446effective date of this act, when money is donated to either the
447department or a water management district to offset impacts
448authorized by a permit under this part, the department or the
449water management district shall accept only a donation that
450represents the full cost to the department or water management
451district of undertaking the project that is intended to mitigate
452the adverse impacts. The full cost shall include all direct and
453indirect costs, as applicable, such as those for land
454acquisition, land restoration or enhancement, perpetual land
455management, and general overhead consisting of costs such as
456staff time, building, and vehicles. The department or the water
457management district may use a multiplier or percentage to add to
458other direct or indirect costs to estimate general overhead.
459Mitigation credit for such a donation shall be given only to the
460extent that the donation covers the full cost to the agency of
461undertaking the project that is intended to mitigate the adverse
462impacts. However, nothing herein shall be construed to prevent
463the department or a water management district from accepting a
464donation representing a portion of a larger project, provided
465that the donation covers the full cost of that portion and
466mitigation credit is given only for that portion. The department
467or water management district may deviate from the full cost
468requirements of this subparagraph to resolve a proceeding
469brought pursuant to chapter 70 or a claim for inverse
470condemnation. Nothing in this section shall be construed to
471require the owner of a private mitigation bank, permitted under
472s. 373.4136, to include the full cost of a mitigation credit in
473the price of the credit to a purchaser of said credit.
474     2.  The department and each water management district shall
475report by March 1 to the Executive Office of the Governor by
476January 31 of each year, as part of the consolidated annual
477report required by s. 373.036(7), all cash donations accepted
478under subparagraph 1. during the preceding water management
479district fiscal calendar year for wetland mitigation purposes.
480The report shall exclude those contributions pursuant to s.
481373.4137. The report shall include a description of the endorsed
482mitigation projects and, except for projects governed by s.
483373.4135(6), shall address, as applicable, success criteria,
484project implementation status and timeframe, monitoring, long-
485term management, provisions for preservation, and full cost
486accounting.
487     3.  If the applicant is unable to meet water quality
488standards because existing ambient water quality does not meet
489standards, the governing board or the department shall consider
490mitigation measures proposed by or acceptable to the applicant
491that cause net improvement of the water quality in the receiving
492body of water for those parameters which do not meet standards.
493     4.  If mitigation requirements imposed by a local
494government for surface water and wetland impacts of an activity
495regulated under this part cannot be reconciled with mitigation
496requirements approved under a permit for the same activity
497issued under this part, including application of the uniform
498wetland mitigation assessment method adopted pursuant to
499subsection (18), the mitigation requirements for surface water
500and wetland impacts shall be controlled by the permit issued
501under this part.
502     Section 12.  Paragraph (d) of subsection (4) and
503subsections (13) and (14) of section 373.4592, Florida Statutes,
504are 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
509evaluate available water quality data for the Everglades
510Protection Area and tributary waters and identify any additional
511information necessary to adequately describe water quality in
512the Everglades Protection Area and tributary waters. The
513department and the district shall also initiate a research and
514monitoring program to generate such additional information
515identified and to evaluate the effectiveness of the BMPs and
516STAs, as they are implemented, in improving water quality and
517maintaining designated and existing beneficial uses of the
518Everglades Protection Area and tributary waters. As part of the
519program, the district shall monitor all discharges into the
520Everglades Protection Area for purposes of determining
521compliance with state water quality standards.
522     2.  The research and monitoring program shall evaluate the
523ecological and hydrological needs of the Everglades Protection
524Area, including the minimum flows and levels. Consistent with
525such needs, the program shall also evaluate water quality
526standards for the Everglades Protection Area and for the canals
527of the EAA, so that these canals can be classified in the manner
528set forth in paragraph (e) and protected as an integral part of
529the water management system which includes the STAs of the
530Everglades Construction Project and allows landowners in the EAA
531to achieve applicable water quality standards compliance by BMPs
532and STA treatment to the extent this treatment is available and
533effective.
534     3.  The research and monitoring program shall include
535research seeking to optimize the design and operation of the
536STAs, including research to reduce outflow concentrations, and
537to identify other treatment and management methods and
538regulatory programs that are superior to STAs in achieving the
539intent and purposes of this section.
540     4.  The research and monitoring program shall be conducted
541to allow the department to propose a phosphorus criterion in the
542Everglades Protection Area, and to evaluate existing state water
543quality standards applicable to the Everglades Protection Area
544and existing state water quality standards and classifications
545applicable to the EAA canals. In developing the phosphorus
546criterion, the department shall also consider the minimum flows
547and levels for the Everglades Protection Area and the district's
548water supply plans for the Lower East Coast.
549     5.  Beginning March 1, 2006, as part of the consolidated
550annual report required by s. 373.036(7) January 1, 2000, the
551district and the department shall annually issue a peer-reviewed
552report regarding the research and monitoring program that
553summarizes all data and findings. The department shall provide
554copies of the report to the Governor, the President of the
555Senate, and the Speaker of the House of Representatives. The
556report shall identify water quality parameters, in addition to
557phosphorus, which exceed state water quality standards or are
558causing or contributing to adverse impacts in the Everglades
559Protection Area.
560     6.  The district shall continue research seeking to
561optimize the design and operation of STAs and to identify other
562treatment and management methods that are superior to STAs in
563achieving optimum water quality and water quantity for the
564benefit of the Everglades. The district shall optimize the
565design and operation of the STAs described in the Everglades
566Construction Project prior to expanding their size. Additional
567methods to achieve compliance with water quality standards shall
568not be limited to more intensive management of the STAs.
569     (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part of
570the consolidated annual report required by s. 373.036(7) January
5711, 1992, the district shall report on submit to the department,
572the Governor, the Speaker of the House of Representatives, the
573Minority Leader of the House of Representatives, the President
574of the Senate, and the Minority Leader of the Senate annual
575progress reports regarding implementation of the section. The
576annual report will include a summary of the water conditions in
577the Everglades Protection Area, the status of the impacted
578areas, the status of the construction of the STAs, the
579implementation of the BMPs, and actions taken to monitor and
580control exotic species. The district must prepare the report in
581coordination with federal and state agencies.
582     (14)  EVERGLADES FUND.--The South Florida Water Management
583District is directed to separately account for all moneys used
584for the purpose of funding the Everglades Construction Project
585as part of the consolidated annual report required by s.
586373.036(7).
587     Section 13.  Subsection (3) of section 373.45926, Florida
588Statutes, is amended to read:
589     373.45926  Everglades Trust Fund; allocation of revenues
590and expenditure of funds for conservation and protection of
591natural resources and abatement of water pollution.--
592     (3)  The South Florida Water Management District shall
593furnish, as part of the consolidated annual report required by
594s. 373.036(7) on a quarterly basis, a detailed copy of its
595expenditures from the Everglades Trust Fund to the Governor, the
596President of the Senate, and the Speaker of the House of
597Representatives, and shall make copies available to the public.
598The information shall be provided in a format approved by the
599Joint Legislative Committee on Everglades Oversight. At the
600direction of the Joint Legislative Committee on Everglades
601Oversight, an audit may be made from time to time by the Auditor
602General, and such audit shall be within the authority of said
603Auditor General to make.
604     Section 14.  Paragraph (g) of subsection (3) of section
605373.4595, Florida Statutes, is amended to read:
606     373.4595  Lake Okeechobee Protection Program.--
607     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
608program for Lake Okeechobee that achieves phosphorus load
609reductions for Lake Okeechobee shall be immediately implemented
610as specified in this subsection. The program shall address the
611reduction of phosphorus loading to the lake from both internal
612and external sources. Phosphorus load reductions shall be
613achieved through a phased program of implementation. Initial
614implementation actions shall be technology-based, based upon a
615consideration of both the availability of appropriate technology
616and the cost of such technology, and shall include phosphorus
617reduction measures at both the source and the regional level.
618The initial phase of phosphorus load reductions shall be based
619upon the district's Technical Publication 81-2 and the
620district's WOD program, with subsequent phases of phosphorus
621load reductions based upon the total maximum daily loads
622established in accordance with s. 403.067. In the development
623and administration of the Lake Okeechobee Protection Program,
624the coordinating agencies shall maximize opportunities provided
625by federal cost-sharing programs and opportunities for
626partnerships with the private sector.
627     (g)  Annual progress report.--Each March January 1,
628beginning in 2006 2001, the district shall report on submit to
629the Governor, the President of the Senate, and the Speaker of
630the House of Representatives annual progress reports regarding
631implementation of this section as part of the consolidated
632annual report required in s. 373.036(7). The annual report shall
633include a summary of water quality and habitat conditions in
634Lake Okeechobee and the Lake Okeechobee watershed and the status
635of the Lake Okeechobee Construction Project. The district shall
636prepare the report in cooperation with the other coordinating
637agencies.
638     Section 15.  Subsection (7) of section 373.470, Florida
639Statutes, is amended to read:
640     373.470  Everglades restoration.--
641     (7)  ANNUAL REPORT.--To provide enhanced oversight of and
642accountability for the financial commitments established under
643this section and the progress made in the implementation of the
644comprehensive plan, the following information must be prepared
645annually as part of the consolidated annual report required by
646s. 373.036(7):
647     (a)  The district, in cooperation with the department,
648shall provide the following information as it relates to
649implementation of the comprehensive plan:
650     1.  An identification of funds, by source and amount,
651received by the state and by each local sponsor during the
652fiscal year.
653     2.  An itemization of expenditures, by source and amount,
654made by the state and by each local sponsor during the fiscal
655year.
656     3.  A description of the purpose for which the funds were
657expended.
658     4.  The unencumbered balance of funds remaining in trust
659funds or other accounts designated for implementation of the
660comprehensive plan.
661     5.  A schedule of anticipated expenditures for the next
662fiscal year.
663     (b)  The department shall prepare a detailed report on all
664funds expended by the state and credited toward the state's
665share of funding for implementation of the comprehensive plan.
666The report shall include:
667     1.  A description of all expenditures, by source and
668amount, from the Conservation and Recreation Lands Trust Fund,
669the Land Acquisition Trust Fund, the Preservation 2000 Trust
670Fund, the Florida Forever Trust Fund, the Save Our Everglades
671Trust Fund, and other named funds or accounts for the
672acquisition or construction of project components or other
673features or facilities that benefit the comprehensive plan.
674     2.  A description of the purposes for which the funds were
675expended.
676     3.  The unencumbered fiscal-year-end balance that remains
677in each trust fund or account identified in subparagraph 1.
678     (c)  The district, in cooperation with the department,
679shall provide a detailed report on progress made in the
680implementation of the comprehensive plan, including the status
681of all project components initiated after the effective date of
682this act or the date of the last report prepared under this
683subsection, whichever is later.
684
685The information required in paragraphs (a), (b), and (c) shall
686be provided as part of the consolidated annual report required
687by s. 373.036(7) annually in a single report to the Governor,
688the President of the Senate, and the Speaker of the House of
689Representatives, and copies of the report must be made available
690to the public. The initial report is due by November 30, 2000,
691and each annual report thereafter is due by March 1 January 31.
692     Section 16.  Paragraph (a) of subsection (6) of section
693373.536, Florida Statutes, is amended to read:
694     373.536  District budget and hearing thereon.--
695     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
696WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
697     (a)  Each district must, by the date specified for each
698item, furnish copies of the following documents to the Governor,
699the President of the Senate, the Speaker of the House of
700Representatives, the chairs of all legislative committees and
701subcommittees having substantive or fiscal jurisdiction over the
702districts, as determined by the President of the Senate or the
703Speaker of the House of Representatives as applicable, the
704secretary of the department, and the governing board of each
705county in which the district has jurisdiction or derives any
706funds for the operations of the district:
707     1.  The adopted budget, to be furnished within 10 days
708after its adoption.
709     2.  A financial audit of its accounts and records, to be
710furnished within 10 days after its acceptance by the governing
711board. The audit must be conducted in accordance with the
712provisions of s. 11.45 and the rules adopted thereunder. In
713addition to the entities named above, the district must provide
714a copy of the audit to the Auditor General within 10 days after
715its acceptance by the governing board.
716     3.  A 5-year capital improvements plan, to be included in
717the consolidated annual report required by s. 373.036(7)
718furnished within 45 days after the adoption of the final budget.
719The plan must include expected sources of revenue for planned
720improvements and must be prepared in a manner comparable to the
721fixed capital outlay format set forth in s. 216.043.
722     4.  A 5-year water resource development work program to be
723furnished within 30 45 days after the adoption of the final
724budget. The program must describe the district's implementation
725strategy for the water resource development component of each
726approved regional water supply plan developed or revised under
727s. 373.0361. The work program must address all the elements of
728the water resource development component in the district's
729approved regional water supply plans and must identify which
730projects in the work program will provide water, explain how
731each water resource development project will produce additional
732water available for consumptive uses, estimate the quantity of
733water to be produced by each project, and provide an assessment
734of the contribution of the district's regional water supply
735plans in providing sufficient water to meet the water supply
736needs of existing and future reasonable-beneficial uses for a 1-
737in-10-year drought event. Within 30 45 days after its submittal,
738the department shall review the proposed work program and submit
739its findings, questions, and comments to the district. The
740review must include a written evaluation of the program's
741consistency with the furtherance of the district's approved
742regional water supply plans, and the adequacy of proposed
743expenditures. As part of the review, the department shall give
744interested parties the opportunity to provide written comments
745on each district's proposed work program. Within 45 60 days
746after receipt of the department's evaluation, the governing
747board shall state in writing to the department which changes
748recommended in the evaluation it will incorporate into its work
749program submitted as part of the March 1 consolidated annual
750report required by s. 373.036(7) or specify the reasons for not
751incorporating the changes. The department shall include the
752district's responses in a final evaluation report and shall
753submit a copy of the report to the Governor, the President of
754the Senate, and the Speaker of the House of Representatives.
755     Section 17.  By February 1, 2006, the Department of
756Environmental Protection, after consultation with the five water
757management districts, shall recommend to the Governor, the
758President of the Senate, and the Speaker of the House of
759Representatives any additional changes to or consolidation of
760the existing planning and reporting requirements of chapter 373,
761Florida Statutes, that it deems appropriate to efficiently and
762effectively protect and utilize the state's water resources.
763     Section 18.  Section 373.0395, Florida Statutes, is
764repealed.
765     Section 19.  This act shall take effect July 1, 2005.


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