HB 0727CS

CHAMBER ACTION



1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to water management district planning and
8reporting; amending s. 373.036, F.S.; authorizing
9submission of an annual strategic plan in lieu of other
10district water management plan information and providing
11requirements therefor; requiring water management
12districts to submit a consolidated annual report and
13providing requirements therefor; correcting a cross
14reference; amending ss. 11.80, 163.3177, 193.625,
15373.0397, 373.042, 373.145, 373.1961, 373.199, 373.207,
16373.414, 373.4592, 373.45926, 373.4595, 373.470, and
17373.536, F.S.; revising certain reporting requirements and
18cross references to conform; directing the Department of
19Environmental Protection to recommend to the Governor and
20Legislature additional changes to or consolidation of
21planning and reporting requirements of ch. 373, F.S.,
22relating to water resources; repealing s. 373.0395, F.S.,
23relating to groundwater basin resource availability
24inventories; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (4) of section 11.80, Florida
29Statutes, is amended to read:
30     11.80  Joint Legislative Committee on Everglades
31Oversight.--
32     (4)  Annually, no later than March January 1, as part of
33the consolidated annual report required by s. 373.036(7), the
34South Florida Water Management District shall report to the
35Joint Legislative Committee on Everglades Oversight on the
36status of the implementation of the Everglades Forever Act. Such
37report shall include, but is not limited to:
38     (a)  Progress on the Everglades Construction Project.
39     (b)  Changes to the Everglades Construction Project.
40     (c)  Actual revenues, compared to projected revenues.
41     (d)  Projected acquisition costs, construction costs,
42operation and maintenance costs, and projected revenues, over
43the succeeding 5 years.
44     Section 2.  Paragraph (c) of subsection (6) of section
45163.3177, Florida Statutes, is amended to read:
46     163.3177  Required and optional elements of comprehensive
47plan; studies and surveys.--
48     (6)  In addition to the requirements of subsections
49(1)-(5), the comprehensive plan shall include the following
50elements:
51     (c)  A general sanitary sewer, solid waste, drainage,
52potable water, and natural groundwater aquifer recharge element
53correlated to principles and guidelines for future land use,
54indicating ways to provide for future potable water, drainage,
55sanitary sewer, solid waste, and aquifer recharge protection
56requirements for the area. The element may be a detailed
57engineering plan including a topographic map depicting areas of
58prime groundwater recharge. The element shall describe the
59problems and needs and the general facilities that will be
60required for solution of the problems and needs. The element
61shall also include a topographic map depicting any areas adopted
62by a regional water management district as prime groundwater
63recharge areas for the Floridan or Biscayne aquifers, pursuant
64to s. 373.0395. These areas shall be given special consideration
65when the local government is engaged in zoning or considering
66future land use for said designated areas. For areas served by
67septic tanks, soil surveys shall be provided which indicate the
68suitability of soils for septic tanks. By December 1, 2006, the
69element must consider the appropriate water management
70district's regional water supply plan approved pursuant to s.
71373.0361. The element must include a work plan, covering at
72least a 10-year planning period, for building water supply
73facilities that are identified in the element as necessary to
74serve existing and new development and for which the local
75government is responsible. The work plan shall be updated, at a
76minimum, every 5 years within 12 months after the governing
77board of a water management district approves an updated
78regional water supply plan. Amendments to incorporate the work
79plan do not count toward the limitation on the frequency of
80adoption of amendments to the comprehensive plan.
81     Section 3.  Paragraph (b) of subsection (3) of section
82193.625, Florida Statutes, is amended to read:
83     193.625  High-water recharge lands; classification and
84assessment.--
85     (3)
86     (b)  Subject to the restrictions set out in this section,
87only lands that are used primarily for bona fide high-water
88recharge purposes may be classified as high-water recharge. The
89term "bona fide high-water recharge purposes" means good faith
90high-water recharge use of the land. In determining whether the
91use of the land for high-water recharge purposes is bona fide,
92the following factors apply:
93     1.  The land use must have been continuous.
94     2.  The land use must be vacant residential, vacant
95commercial, vacant industrial, vacant institutional,
96nonagricultural, or single-family residential. The maintenance
97of one single-family residential dwelling on part of the land
98does not in itself preclude a high-water recharge
99classification.
100     3.  The land must be located within a prime groundwater
101recharge area established in accordance with s. 373.0395 or in
102an area considered by the appropriate water management district
103to supply significant groundwater recharge. Significant
104groundwater recharge shall be assessed by the appropriate water
105management district on the basis of hydrologic characteristics
106of the soils and underlying geologic formations.
107     4.  The land must not be receiving any other special
108classification.
109     5.  There must not be in the vicinity of the land any
110activity that has the potential to contaminate the ground water,
111including, but not limited to, the presence of:
112     a.  Toxic or hazardous substances;
113     b.  Free-flowing saline artesian wells;
114     c.  Drainage wells;
115     d.  Underground storage tanks; or
116     e.  Any potential pollution source existing on a property
117that drains to the property seeking the high-water recharge
118classification.
119     6.  The owner of the property has entered into a contract
120with the county as provided in subsection (5).
121     7.  The parcel of land must be at least 10 acres.
122
123Notwithstanding the provisions of this paragraph, the property
124appraiser shall use the best available information on the high-
125water recharge characteristics of lands when making a final
126determination to grant or deny an application for high-water
127recharge assessment for the lands.
128     Section 4.  Paragraph (b) of subsection (2) of section
129373.036, Florida Statutes, is amended, paragraph (e) is added to
130said subsection, and subsection (7) is added to said section, to
131read:
132     373.036  Florida water plan; district water management
133plans.--
134     (2)  DISTRICT WATER MANAGEMENT PLANS.--
135     (b)  The district water management plan shall include, but
136not be limited to:
137     1.  The scientific methodologies for establishing minimum
138flows and levels under s. 373.042, and all established minimum
139flows and levels.
140     2.  Identification of one or more water supply planning
141regions that singly or together encompass the entire district.
142     3.  Technical data and information prepared under s. ss.
143373.0391 and 373.0395.
144     4.  A districtwide water supply assessment, to be completed
145no later than July 1, 1998, which determines for each water
146supply planning region:
147     a.  Existing legal uses, reasonably anticipated future
148needs, and existing and reasonably anticipated sources of water
149and conservation efforts; and
150     b.  Whether existing and reasonably anticipated sources of
151water and conservation efforts are adequate to supply water for
152all existing legal uses and reasonably anticipated future needs
153and to sustain the water resources and related natural systems.
154     5.  Any completed regional water supply plans.
155     (e)  At its option, a governing board may substitute an
156annual strategic plan for the requirement to develop a district
157water management plan and the district water management plan
158annual report required by subparagraph (7)(b)1., provided that
159the strategic plan meets the following minimum requirements:
160     1.  The strategic plan establishes the water management
161district's strategic priorities for at least a future 5-year
162period.
163     2.  The strategic plan identifies the goals, strategies,
164success indicators, funding sources, deliverables, and
165milestones to accomplish the strategic priorities.
166     3.  The strategic plan development process includes at
167least one publicly noticed meeting to allow public participation
168in its development.
169     4.  The strategic plan includes separately, as an addendum,
170an annual work plan report on the implementation of the
171strategic plan for the previous fiscal year, addressing success
172indicators, deliverables, and milestones.
173     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
174REPORT.--
175     (a)  By March 1, 2006, and annually thereafter, each water
176management district shall prepare and submit to the department,
177the Governor, the President of the Senate, and the Speaker of
178the House of Representatives a consolidated water management
179district annual report on the management of water resources. In
180addition, copies must be provided by the water management
181districts to the chairs of all legislative committees having
182substantive or fiscal jurisdiction over the districts and the
183governing board of each county in the district having
184jurisdiction or deriving any funds for operations of the
185district. Copies of the consolidated annual report must be made
186available to the public, either in printed or electronic format.
187     (b)  The consolidated annual report shall contain the
188following elements, as appropriate to that water management
189district:
190     1.  A district water management plan annual report or the
191annual work plan report allowed in subparagraph (2)(e)4.
192     2.  The department-approved minimum flows and levels annual
193priority list and schedule required by s. 373.042(2).
194     3.  The annual 5-year capital improvements plan required by
195s. 373.536(6)(a)3.
196     4.  The alternative water supplies annual report required
197by s. 373.1961(2)(k).
198     5.  The final annual 5-year water resource development work
199program required by s. 373.536(6)(a)4.
200     6.  The Florida Forever Water Management District Work Plan
201annual report required by s. 373.199(7).
202     7.  The mitigation donation annual report required by s.
203373.414(1)(b)2.
204     (c)  Each of the elements listed in paragraph (b) is to be
205addressed in a separate chapter or section within the
206consolidated annual report, although information common to more
207than one of these elements may be consolidated as deemed
208appropriate by the individual water management district.
209     (d)  Each water management district may include in the
210consolidated annual report such additional information on the
211status or management of water resources within the district as
212it deems appropriate.
213     (e)  In addition to the elements specified in paragraph
214(b), the South Florida Water Management District shall include
215in the consolidated annual report the following elements:
216     1.  The Lake Okeechobee Protection Program annual progress
217report required by s. 373.4595(3)(g).
218     2.  The Everglades annual progress reports specified in s.
219373.4592(4)(d)5., (13), and (14).
220     3.     The Everglades restoration annual report required by
221s. 373.470(7).
222     4.  The Everglades Forever Act annual implementation report
223required by s. 11.80(4).
224     5.  The Everglades Trust Fund annual expenditure report
225required by s. 373.45926(3).
226     Section 5.  Section 373.0397, Florida Statutes, is amended
227to read:
228     373.0397  Floridan and Biscayne aquifers; designation of
229prime groundwater recharge areas.--Upon preparation of an
230inventory of prime groundwater recharge areas for the Floridan
231or Biscayne aquifers as a part of the requirements of s.
232373.0395(3), but prior to adoption by the governing board, the
233water management district shall publish a legal notice of public
234hearing on the designated areas for the Floridan and Biscayne
235aquifers, with a map delineating the boundaries of the areas, in
236newspapers defined in chapter 50 as having general circulation
237within the area to be affected. The notice shall be at least
238one-fourth page and shall read as follows:
239
240
NOTICE OF PRIME RECHARGE
241
AREA DESIGNATION
242
243     The   (name of taxing authority)   proposes to designate
244specific land areas as areas of prime recharge to the   (name of
245aquifer)   Aquifer.
246     All concerned citizens are invited to attend a public
247hearing on the proposed designation to be held on   (date and
248time)   at   (meeting place)  .
249     A map of the affected areas follows.
250
251The governing board of the water management district shall adopt
252a designation of prime groundwater recharge areas to the
253Floridan and Biscayne aquifers by rule within 120 days after the
254public hearing, subject to the provisions of chapter 120.
255     Section 6.  Subsection (2) of section 373.042, Florida
256Statutes, is amended to read:
257     373.042  Minimum flows and levels.--
258     (2)  By November 15, 1997, and annually thereafter, each
259water management district shall submit to the department for
260review and approval a priority list and schedule for the
261establishment of minimum flows and levels for surface
262watercourses, aquifers, and surface waters within the district.
263The priority list shall also identify those water bodies for
264which the district will voluntarily undertake independent
265scientific peer review. By March 1, 2006 January 1, 1998, and
266annually thereafter, each water management district shall
267include publish its approved priority list and schedule in the
268consolidated annual report required by s. 373.036(7) Florida
269Administrative Weekly. The priority list shall be based upon the
270importance of the waters to the state or region and the
271existence of or potential for significant harm to the water
272resources or ecology of the state or region, and shall include
273those waters which are experiencing or may reasonably be
274expected to experience adverse impacts. By January 1, 2003, Each
275water management district's priority list and schedule shall
276include all first magnitude springs, and all second magnitude
277springs within state or federally owned lands purchased for
278conservation purposes. The specific schedule for establishment
279of spring minimum flows and levels shall be commensurate with
280the existing or potential threat to spring flow from consumptive
281uses. Springs within the Suwannee River Water Management
282District, or second magnitude springs in other areas of the
283state, need not be included on the priority list if the water
284management district submits a report to the Department of
285Environmental Protection demonstrating that adverse impacts are
286not now occurring nor are reasonably expected to occur from
287consumptive uses during the next 20 years. The priority list and
288schedule shall not be subject to any proceeding pursuant to
289chapter 120. Except as provided in subsection (3), the
290development of a priority list and compliance with the schedule
291for the establishment of minimum flows and levels pursuant to
292this subsection shall satisfy the requirements of subsection
293(1).
294     Section 7.  Section 373.145, Florida Statutes, is amended
295to read:
296     373.145  Information program regarding hydrologic
297conditioning and consumption of major surface and groundwater
298sources.--In order to aid in the development of a better
299understanding of the unique surface and groundwater resources of
300this state, the water management districts shall develop an
301information program designed to provide information concerning
302existing hydrologic conditions of major surface and groundwater
303sources in this state and suggestions for good conservation
304practices within those areas. The program shall be developed by
305December 31, 2002. The water management districts shall utilize
306the most efficient means to regularly distribute this
307information to members of the Legislature, the media, and the
308public. Beginning January 1, 2003, and on a regular basis no
309less than every 6 months thereafter, the information developed
310pursuant to this section shall be distributed to every member of
311the Florida Senate and the Florida House of Representatives and
312to local print and broadcast news organizations. Each water
313management district shall be responsible for the distribution of
314this information within its established geographic area.
315     Section 8.  Paragraph (k) of subsection (2) of section
316373.1961, Florida Statutes, is amended to read:
317     373.1961  Water production.--
318     (2)  The Legislature finds that, due to a combination of
319factors, vastly increased demands have been placed on natural
320supplies of fresh water, and that, absent increased development
321of alternative water supplies, such demands may increase in the
322future. The Legislature also finds that potential exists in the
323state for the production of significant quantities of
324alternative water supplies, including reclaimed water, and that
325water production includes the development of alternative water
326supplies, including reclaimed water, for appropriate uses. It is
327the intent of the Legislature that utilities develop reclaimed
328water systems, where reclaimed water is the most appropriate
329alternative water supply option, to deliver reclaimed water to
330as many users as possible through the most cost-effective means,
331and to construct reclaimed water system infrastructure to their
332owned or operated properties and facilities where they have
333reclamation capability. It is also the intent of the Legislature
334that the water management districts which levy ad valorem taxes
335for water management purposes should share a percentage of those
336tax revenues with water providers and users, including local
337governments, water, wastewater, and reuse utilities, municipal,
338industrial, and agricultural water users, and other public and
339private water users, to be used to supplement other funding
340sources in the development of alternative water supplies. The
341Legislature finds that public moneys or services provided to
342private entities for such uses constitute public purposes which
343are in the public interest. In order to further the development
344and use of alternative water supply systems, including reclaimed
345water systems, the Legislature provides the following:
346     (k)  By March 1 January 30 of each year, as part of the
347consolidated annual report required by s. 373.036(7), each water
348management district shall submit a report on an annual report to
349the Governor, the President of the Senate, and the Speaker of
350the House of Representatives which accounts for the disbursal of
351all budgeted amounts pursuant to this subsection. Such report
352shall describe all projects funded and shall account separately
353for moneys provided through grants, matching grants, revolving
354loans, and the use of district lands or facilities.
355     Section 9.  Subsection (7) of section 373.199, Florida
356Statutes, is amended to read:
357     373.199  Florida Forever Water Management District Work
358Plan.--
359     (7)  By June 1, 2001, each district shall file with the
360President of the Senate, the Speaker of the House of
361Representatives, and the Secretary of Environmental Protection
362the initial 5-year work plan as required under subsection (2).
363By March January 1 of each year thereafter, as part of the
364consolidated annual report required by s. 373.036(7), each
365district shall file with the President of the Senate, the
366Speaker of the House of Representatives, and the Secretary of
367Environmental Protection a report on of acquisitions completed
368during the year together with modifications or additions to its
3695-year work plan. Included in the report shall be:
370     (a)  A description of land management activity for each
371property or project area owned by the water management district.
372     (b)  A list of any lands surplused and the amount of
373compensation received.
374     (c)  The progress of funding, staffing, and resource
375management of every project funded pursuant to s. 259.101, s.
376259.105, or s. 373.59 for which the district is responsible.
377
378The secretary shall submit the report referenced in this
379subsection to the Board of Trustees of the Internal Improvement
380Trust Fund together with the Acquisition and Restoration
381Council's project list as required under s. 259.105.
382     Section 10.  Section 373.207, Florida Statutes, is amended
383to read:
384     373.207  Abandoned artesian wells.--
385     (1)  Each water management district shall develop a work
386plan which identifies the location of all known abandoned
387artesian wells within its jurisdictional boundaries and defines
388the actions which the district must take in order to ensure that
389each such well is plugged on or before January 1, 1992. The work
390plan shall include the following:
391     (1)(a)  An initial inventory which accounts for all known
392abandoned artesian wells in the district.
393     (2)(b)  The location and owner of each known abandoned
394well.
395     (3)(c)  The methodology proposed by the district to
396accomplish the plugging of all known abandoned wells within the
397district on or before January 1, 1992.
398     (4)(d)  Data relating to costs to be incurred for the
399plugging of all wells, including the per-well cost and personnel
400costs.
401     (5)(e)  A schedule of priority for the plugging of wells,
402which schedule is established to mitigate damage to the
403groundwater resource due to water quality degradation.
404     (2)  Each water management district shall submit an annual
405update of its work plan to the Secretary of Environmental
406Protection by January 1 of each year, until all wells identified
407by the plan are plugged.
408     Section 11.  Paragraph (b) of subsection (1) of section
409373.414, Florida Statutes, is amended to read:
410     373.414  Additional criteria for activities in surface
411waters and wetlands.--
412     (1)  As part of an applicant's demonstration that an
413activity regulated under this part will not be harmful to the
414water resources or will not be inconsistent with the overall
415objectives of the district, the governing board or the
416department shall require the applicant to provide reasonable
417assurance that state water quality standards applicable to
418waters as defined in s. 403.031(13) will not be violated and
419reasonable assurance that such activity in, on, or over surface
420waters or wetlands, as delineated in s. 373.421(1), is not
421contrary to the public interest. However, if such an activity
422significantly degrades or is within an Outstanding Florida
423Water, as provided by department rule, the applicant must
424provide reasonable assurance that the proposed activity will be
425clearly in the public interest.
426     (b)  If the applicant is unable to otherwise meet the
427criteria set forth in this subsection, the governing board or
428the department, in deciding to grant or deny a permit, shall
429consider measures proposed by or acceptable to the applicant to
430mitigate adverse effects that may be caused by the regulated
431activity. Such measures may include, but are not limited to,
432onsite mitigation, offsite mitigation, offsite regional
433mitigation, and the purchase of mitigation credits from
434mitigation banks permitted under s. 373.4136. It shall be the
435responsibility of the applicant to choose the form of
436mitigation. The mitigation must offset the adverse effects
437caused by the regulated activity.
438     1.  The department or water management districts may accept
439the donation of money as mitigation only where the donation is
440specified for use in a duly noticed environmental creation,
441preservation, enhancement, or restoration project, endorsed by
442the department or the governing board of the water management
443district, which offsets the impacts of the activity permitted
444under this part. However, the provisions of this subsection
445shall not apply to projects undertaken pursuant to s. 373.4137
446or chapter 378. Where a permit is required under this part to
447implement any project endorsed by the department or a water
448management district, all necessary permits must have been issued
449prior to the acceptance of any cash donation. After the
450effective date of this act, when money is donated to either the
451department or a water management district to offset impacts
452authorized by a permit under this part, the department or the
453water management district shall accept only a donation that
454represents the full cost to the department or water management
455district of undertaking the project that is intended to mitigate
456the adverse impacts. The full cost shall include all direct and
457indirect costs, as applicable, such as those for land
458acquisition, land restoration or enhancement, perpetual land
459management, and general overhead consisting of costs such as
460staff time, building, and vehicles. The department or the water
461management district may use a multiplier or percentage to add to
462other direct or indirect costs to estimate general overhead.
463Mitigation credit for such a donation shall be given only to the
464extent that the donation covers the full cost to the agency of
465undertaking the project that is intended to mitigate the adverse
466impacts. However, nothing herein shall be construed to prevent
467the department or a water management district from accepting a
468donation representing a portion of a larger project, provided
469that the donation covers the full cost of that portion and
470mitigation credit is given only for that portion. The department
471or water management district may deviate from the full cost
472requirements of this subparagraph to resolve a proceeding
473brought pursuant to chapter 70 or a claim for inverse
474condemnation. Nothing in this section shall be construed to
475require the owner of a private mitigation bank, permitted under
476s. 373.4136, to include the full cost of a mitigation credit in
477the price of the credit to a purchaser of said credit.
478     2.  The department and each water management district shall
479report by March 1 to the Executive Office of the Governor by
480January 31 of each year, as part of the consolidated annual
481report required by s. 373.036(7), all cash donations accepted
482under subparagraph 1. during the preceding water management
483district fiscal calendar year for wetland mitigation purposes.
484The report shall exclude those contributions pursuant to s.
485373.4137. The report shall include a description of the endorsed
486mitigation projects and, except for projects governed by s.
487373.4135(6), shall address, as applicable, success criteria,
488project implementation status and timeframe, monitoring, long-
489term management, provisions for preservation, and full cost
490accounting.
491     3.  If the applicant is unable to meet water quality
492standards because existing ambient water quality does not meet
493standards, the governing board or the department shall consider
494mitigation measures proposed by or acceptable to the applicant
495that cause net improvement of the water quality in the receiving
496body of water for those parameters which do not meet standards.
497     4.  If mitigation requirements imposed by a local
498government for surface water and wetland impacts of an activity
499regulated under this part cannot be reconciled with mitigation
500requirements approved under a permit for the same activity
501issued under this part, including application of the uniform
502wetland mitigation assessment method adopted pursuant to
503subsection (18), the mitigation requirements for surface water
504and wetland impacts shall be controlled by the permit issued
505under this part.
506     Section 12.  Paragraph (d) of subsection (4) and
507subsections (13) and (14) of section 373.4592, Florida Statutes,
508are amended to read:
509     373.4592  Everglades improvement and management.--
510     (4)  EVERGLADES PROGRAM.--
511     (d)  Everglades research and monitoring program.--
512     1.  The department and the district shall review and
513evaluate available water quality data for the Everglades
514Protection Area and tributary waters and identify any additional
515information necessary to adequately describe water quality in
516the Everglades Protection Area and tributary waters. The
517department and the district shall also initiate a research and
518monitoring program to generate such additional information
519identified and to evaluate the effectiveness of the BMPs and
520STAs, as they are implemented, in improving water quality and
521maintaining designated and existing beneficial uses of the
522Everglades Protection Area and tributary waters. As part of the
523program, the district shall monitor all discharges into the
524Everglades Protection Area for purposes of determining
525compliance with state water quality standards.
526     2.  The research and monitoring program shall evaluate the
527ecological and hydrological needs of the Everglades Protection
528Area, including the minimum flows and levels. Consistent with
529such needs, the program shall also evaluate water quality
530standards for the Everglades Protection Area and for the canals
531of the EAA, so that these canals can be classified in the manner
532set forth in paragraph (e) and protected as an integral part of
533the water management system which includes the STAs of the
534Everglades Construction Project and allows landowners in the EAA
535to achieve applicable water quality standards compliance by BMPs
536and STA treatment to the extent this treatment is available and
537effective.
538     3.  The research and monitoring program shall include
539research seeking to optimize the design and operation of the
540STAs, including research to reduce outflow concentrations, and
541to identify other treatment and management methods and
542regulatory programs that are superior to STAs in achieving the
543intent and purposes of this section.
544     4.  The research and monitoring program shall be conducted
545to allow the department to propose a phosphorus criterion in the
546Everglades Protection Area, and to evaluate existing state water
547quality standards applicable to the Everglades Protection Area
548and existing state water quality standards and classifications
549applicable to the EAA canals. In developing the phosphorus
550criterion, the department shall also consider the minimum flows
551and levels for the Everglades Protection Area and the district's
552water supply plans for the Lower East Coast.
553     5.  Beginning March 1, 2006, as part of the consolidated
554annual report required by s. 373.036(7) January 1, 2000, the
555district and the department shall annually issue a peer-reviewed
556report regarding the research and monitoring program that
557summarizes all data and findings. The department shall provide
558copies of the report to the Governor, the President of the
559Senate, and the Speaker of the House of Representatives. The
560report shall identify water quality parameters, in addition to
561phosphorus, which exceed state water quality standards or are
562causing or contributing to adverse impacts in the Everglades
563Protection Area.
564     6.  The district shall continue research seeking to
565optimize the design and operation of STAs and to identify other
566treatment and management methods that are superior to STAs in
567achieving optimum water quality and water quantity for the
568benefit of the Everglades. The district shall optimize the
569design and operation of the STAs described in the Everglades
570Construction Project prior to expanding their size. Additional
571methods to achieve compliance with water quality standards shall
572not be limited to more intensive management of the STAs.
573     (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part of
574the consolidated annual report required by s. 373.036(7) January
5751, 1992, the district shall report on submit to the department,
576the Governor, the Speaker of the House of Representatives, the
577Minority Leader of the House of Representatives, the President
578of the Senate, and the Minority Leader of the Senate annual
579progress reports regarding implementation of the section. The
580annual report will include a summary of the water conditions in
581the Everglades Protection Area, the status of the impacted
582areas, the status of the construction of the STAs, the
583implementation of the BMPs, and actions taken to monitor and
584control exotic species. The district must prepare the report in
585coordination with federal and state agencies.
586     (14)  EVERGLADES FUND.--The South Florida Water Management
587District is directed to separately account for all moneys used
588for the purpose of funding the Everglades Construction Project
589as part of the consolidated annual report required by s.
590373.036(7).
591     Section 13.  Subsection (3) of section 373.45926, Florida
592Statutes, is amended to read:
593     373.45926  Everglades Trust Fund; allocation of revenues
594and expenditure of funds for conservation and protection of
595natural resources and abatement of water pollution.--
596     (3)  The South Florida Water Management District shall
597furnish, as part of the consolidated annual report required by
598s. 373.036(7) on a quarterly basis, a detailed copy of its
599expenditures from the Everglades Trust Fund to the Governor, the
600President of the Senate, and the Speaker of the House of
601Representatives, and shall make copies available to the public.
602The information shall be provided in a format approved by the
603Joint Legislative Committee on Everglades Oversight. At the
604direction of the Joint Legislative Committee on Everglades
605Oversight, an audit may be made from time to time by the Auditor
606General, and such audit shall be within the authority of said
607Auditor General to make.
608     Section 14.  Paragraph (g) of subsection (3) of section
609373.4595, Florida Statutes, is amended to read:
610     373.4595  Lake Okeechobee Protection Program.--
611     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
612program for Lake Okeechobee that achieves phosphorus load
613reductions for Lake Okeechobee shall be immediately implemented
614as specified in this subsection. The program shall address the
615reduction of phosphorus loading to the lake from both internal
616and external sources. Phosphorus load reductions shall be
617achieved through a phased program of implementation. Initial
618implementation actions shall be technology-based, based upon a
619consideration of both the availability of appropriate technology
620and the cost of such technology, and shall include phosphorus
621reduction measures at both the source and the regional level.
622The initial phase of phosphorus load reductions shall be based
623upon the district's Technical Publication 81-2 and the
624district's WOD program, with subsequent phases of phosphorus
625load reductions based upon the total maximum daily loads
626established in accordance with s. 403.067. In the development
627and administration of the Lake Okeechobee Protection Program,
628the coordinating agencies shall maximize opportunities provided
629by federal cost-sharing programs and opportunities for
630partnerships with the private sector.
631     (g)  Annual progress report.--Each March January 1,
632beginning in 2006 2001, the district shall report on submit to
633the Governor, the President of the Senate, and the Speaker of
634the House of Representatives annual progress reports regarding
635implementation of this section as part of the consolidated
636annual report required in s. 373.036(7). The annual report shall
637include a summary of water quality and habitat conditions in
638Lake Okeechobee and the Lake Okeechobee watershed and the status
639of the Lake Okeechobee Construction Project. The district shall
640prepare the report in cooperation with the other coordinating
641agencies.
642     Section 15.  Subsection (7) of section 373.470, Florida
643Statutes, is amended to read:
644     373.470  Everglades restoration.--
645     (7)  ANNUAL REPORT.--To provide enhanced oversight of and
646accountability for the financial commitments established under
647this section and the progress made in the implementation of the
648comprehensive plan, the following information must be prepared
649annually as part of the consolidated annual report required by
650s. 373.036(7):
651     (a)  The district, in cooperation with the department,
652shall provide the following information as it relates to
653implementation of the comprehensive plan:
654     1.  An identification of funds, by source and amount,
655received by the state and by each local sponsor during the
656fiscal year.
657     2.  An itemization of expenditures, by source and amount,
658made by the state and by each local sponsor during the fiscal
659year.
660     3.  A description of the purpose for which the funds were
661expended.
662     4.  The unencumbered balance of funds remaining in trust
663funds or other accounts designated for implementation of the
664comprehensive plan.
665     5.  A schedule of anticipated expenditures for the next
666fiscal year.
667     (b)  The department shall prepare a detailed report on all
668funds expended by the state and credited toward the state's
669share of funding for implementation of the comprehensive plan.
670The report shall include:
671     1.  A description of all expenditures, by source and
672amount, from the Conservation and Recreation Lands Trust Fund,
673the Land Acquisition Trust Fund, the Preservation 2000 Trust
674Fund, the Florida Forever Trust Fund, the Save Our Everglades
675Trust Fund, and other named funds or accounts for the
676acquisition or construction of project components or other
677features or facilities that benefit the comprehensive plan.
678     2.  A description of the purposes for which the funds were
679expended.
680     3.  The unencumbered fiscal-year-end balance that remains
681in each trust fund or account identified in subparagraph 1.
682     (c)  The district, in cooperation with the department,
683shall provide a detailed report on progress made in the
684implementation of the comprehensive plan, including the status
685of all project components initiated after the effective date of
686this act or the date of the last report prepared under this
687subsection, whichever is later.
688
689The information required in paragraphs (a), (b), and (c) shall
690be provided as part of the consolidated annual report required
691by s. 373.036(7) annually in a single report to the Governor,
692the President of the Senate, and the Speaker of the House of
693Representatives, and copies of the report must be made available
694to the public. The initial report is due by November 30, 2000,
695and each annual report thereafter is due by March 1 January 31.
696     Section 16.  Paragraph (a) of subsection (6) of section
697373.536, Florida Statutes, is amended to read:
698     373.536  District budget and hearing thereon.--
699     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
700WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
701     (a)  Each district must, by the date specified for each
702item, furnish copies of the following documents to the Governor,
703the President of the Senate, the Speaker of the House of
704Representatives, the chairs of all legislative committees and
705subcommittees having substantive or fiscal jurisdiction over the
706districts, as determined by the President of the Senate or the
707Speaker of the House of Representatives as applicable, the
708secretary of the department, and the governing board of each
709county in which the district has jurisdiction or derives any
710funds for the operations of the district:
711     1.  The adopted budget, to be furnished within 10 days
712after its adoption.
713     2.  A financial audit of its accounts and records, to be
714furnished within 10 days after its acceptance by the governing
715board. The audit must be conducted in accordance with the
716provisions of s. 11.45 and the rules adopted thereunder. In
717addition to the entities named above, the district must provide
718a copy of the audit to the Auditor General within 10 days after
719its acceptance by the governing board.
720     3.  A 5-year capital improvements plan, to be included in
721the consolidated annual report required by s. 373.036(7)
722furnished within 45 days after the adoption of the final budget.
723The plan must include expected sources of revenue for planned
724improvements and must be prepared in a manner comparable to the
725fixed capital outlay format set forth in s. 216.043.
726     4.  A 5-year water resource development work program to be
727furnished within 30 45 days after the adoption of the final
728budget. The program must describe the district's implementation
729strategy for the water resource development component of each
730approved regional water supply plan developed or revised under
731s. 373.0361. The work program must address all the elements of
732the water resource development component in the district's
733approved regional water supply plans and must identify which
734projects in the work program will provide water, explain how
735each water resource development project will produce additional
736water available for consumptive uses, estimate the quantity of
737water to be produced by each project, and provide an assessment
738of the contribution of the district's regional water supply
739plans in providing sufficient water to meet the water supply
740needs of existing and future reasonable-beneficial uses for a 1-
741in-10-year drought event. Within 30 45 days after its submittal,
742the department shall review the proposed work program and submit
743its findings, questions, and comments to the district. The
744review must include a written evaluation of the program's
745consistency with the furtherance of the district's approved
746regional water supply plans, and the adequacy of proposed
747expenditures. As part of the review, the department shall give
748interested parties the opportunity to provide written comments
749on each district's proposed work program. Within 45 60 days
750after receipt of the department's evaluation, the governing
751board shall state in writing to the department which changes
752recommended in the evaluation it will incorporate into its work
753program submitted as part of the March 1 consolidated annual
754report required by s. 373.036(7) or specify the reasons for not
755incorporating the changes. The department shall include the
756district's responses in a final evaluation report and shall
757submit a copy of the report to the Governor, the President of
758the Senate, and the Speaker of the House of Representatives.
759     Section 17.  By February 1, 2006, the Department of
760Environmental Protection, after consultation with the five water
761management districts, shall recommend to the Governor, the
762President of the Senate, and the Speaker of the House of
763Representatives any additional changes to or consolidation of
764the existing planning and reporting requirements of chapter 373,
765Florida Statutes, that it deems appropriate to efficiently and
766effectively protect and utilize the state's water resources.
767     Section 18.  Section 373.0395, Florida Statutes, is
768repealed.
769     Section 19.  This act shall take effect July 1, 2005.


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