| 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 an annual strategic plan in lieu of other |
| 5 | district water management plan information and providing |
| 6 | requirements therefor; requiring water management |
| 7 | districts to submit a consolidated annual report and |
| 8 | providing requirements therefor; correcting a cross |
| 9 | 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 |
|
| 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 |
|
| 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 for the requirement to develop a district |
| 152 | water management plan and the district water management plan |
| 153 | annual report required by subparagraph (7)(b)1., provided that |
| 154 | nothing herein affects any other provision or requirement of law |
| 155 | concerning the completion of the regional water supply plan and |
| 156 | the strategic plan meets the following minimum requirements: |
| 157 | 1. The strategic plan establishes the water management |
| 158 | district's strategic priorities for at least a future 5-year |
| 159 | period. |
| 160 | 2. The strategic plan identifies the goals, strategies, |
| 161 | success indicators, funding sources, deliverables, and |
| 162 | milestones to accomplish the strategic priorities. |
| 163 | 3. The strategic plan development process includes at |
| 164 | least one publicly noticed meeting to allow public participation |
| 165 | in its development. |
| 166 | 4. The strategic plan includes separately, as an addendum, |
| 167 | an annual work plan report on the implementation of the |
| 168 | strategic plan for the previous fiscal year, addressing success |
| 169 | indicators, deliverables, and milestones. |
| 170 | (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL |
| 171 | REPORT.-- |
| 172 | (a) By March 1, 2006, and annually thereafter, each water |
| 173 | management district shall prepare and submit to the department, |
| 174 | the Governor, the President of the Senate, and the Speaker of |
| 175 | the House of Representatives a consolidated water management |
| 176 | district annual report on the management of water resources. In |
| 177 | addition, copies must be provided by the water management |
| 178 | districts to the chairs of all legislative committees having |
| 179 | substantive or fiscal jurisdiction over the districts and the |
| 180 | governing board of each county in the district having |
| 181 | jurisdiction or deriving any funds for operations of the |
| 182 | district. Copies of the consolidated annual report must be made |
| 183 | available to the public, either in printed or electronic format. |
| 184 | (b) The consolidated annual report shall contain the |
| 185 | following elements, as appropriate to that water management |
| 186 | district: |
| 187 | 1. A district water management plan annual report or the |
| 188 | annual work plan report allowed in subparagraph (2)(e)4. |
| 189 | 2. The department-approved minimum flows and levels annual |
| 190 | priority list and schedule required by s. 373.042(2). |
| 191 | 3. The annual 5-year capital improvements plan required by |
| 192 | s. 373.536(6)(a)3. |
| 193 | 4. The alternative water supplies annual report required |
| 194 | by s. 373.1961(2)(k). |
| 195 | 5. The final annual 5-year water resource development work |
| 196 | program required by s. 373.536(6)(a)4. |
| 197 | 6. The Florida Forever Water Management District Work Plan |
| 198 | annual report required by s. 373.199(7). |
| 199 | 7. The mitigation donation annual report required by s. |
| 200 | 373.414(1)(b)2. |
| 201 | (c) Each of the elements listed in paragraph (b) is to be |
| 202 | addressed in a separate chapter or section within the |
| 203 | consolidated annual report, although information common to more |
| 204 | than one of these elements may be consolidated as deemed |
| 205 | appropriate by the individual water management district. |
| 206 | (d) Each water management district may include in the |
| 207 | consolidated annual report such additional information on the |
| 208 | status or management of water resources within the district as |
| 209 | it deems appropriate. |
| 210 | (e) In addition to the elements specified in paragraph |
| 211 | (b), the South Florida Water Management District shall include |
| 212 | in the consolidated annual report the following elements: |
| 213 | 1. The Lake Okeechobee Protection Program annual progress |
| 214 | report required by s. 373.4595(3)(g). |
| 215 | 2. The Everglades annual progress reports specified in s. |
| 216 | 373.4592(4)(d)5., (13), and (14). |
| 217 | 3. The Everglades restoration annual report required by |
| 218 | s. 373.470(7). |
| 219 | 4. The Everglades Forever Act annual implementation report |
| 220 | required by s. 11.80(4). |
| 221 | 5. The Everglades Trust Fund annual expenditure report |
| 222 | required by s. 373.45926(3). |
| 223 | Section 5. Section 373.0397, Florida Statutes, is amended |
| 224 | to read: |
| 225 | 373.0397 Floridan and Biscayne aquifers; designation of |
| 226 | prime groundwater recharge areas.--Upon preparation of an |
| 227 | inventory of prime groundwater recharge areas for the Floridan |
| 228 | or Biscayne aquifers as a part of the requirements of s. |
| 229 | 373.0395(3), but prior to adoption by the governing board, the |
| 230 | water management district shall publish a legal notice of public |
| 231 | hearing on the designated areas for the Floridan and Biscayne |
| 232 | aquifers, with a map delineating the boundaries of the areas, in |
| 233 | newspapers defined in chapter 50 as having general circulation |
| 234 | within the area to be affected. The notice shall be at least |
| 235 | one-fourth page and shall read as follows: |
| 236 |
|
| 237 | NOTICE OF PRIME RECHARGE |
| 238 | AREA DESIGNATION |
| 239 |
|
| 240 | The (name of taxing authority) proposes to designate |
| 241 | specific land areas as areas of prime recharge to the (name of |
| 242 | aquifer) Aquifer. |
| 243 | All concerned citizens are invited to attend a public |
| 244 | hearing on the proposed designation to be held on (date and |
| 245 | time) at (meeting place) . |
| 246 | A map of the affected areas follows. |
| 247 |
|
| 248 | The governing board of the water management district shall adopt |
| 249 | a designation of prime groundwater recharge areas to the |
| 250 | Floridan and Biscayne aquifers by rule within 120 days after the |
| 251 | public hearing, subject to the provisions of chapter 120. |
| 252 | Section 6. Subsection (2) of section 373.042, Florida |
| 253 | Statutes, is amended to read: |
| 254 | 373.042 Minimum flows and levels.-- |
| 255 | (2) By November 15, 1997, and annually thereafter, each |
| 256 | water management district shall submit to the department for |
| 257 | review and approval a priority list and schedule for the |
| 258 | establishment of minimum flows and levels for surface |
| 259 | watercourses, aquifers, and surface waters within the district. |
| 260 | The priority list shall also identify those water bodies for |
| 261 | which the district will voluntarily undertake independent |
| 262 | scientific peer review. By March 1, 2006 January 1, 1998, and |
| 263 | annually thereafter, each water management district shall |
| 264 | include publish its approved priority list and schedule in the |
| 265 | consolidated annual report required by s. 373.036(7) Florida |
| 266 | Administrative Weekly. The priority list shall be based upon the |
| 267 | importance of the waters to the state or region and the |
| 268 | existence of or potential for significant harm to the water |
| 269 | resources or ecology of the state or region, and shall include |
| 270 | those waters which are experiencing or may reasonably be |
| 271 | expected to experience adverse impacts. By January 1, 2003, Each |
| 272 | water management district's priority list and schedule shall |
| 273 | include all first magnitude springs, and all second magnitude |
| 274 | springs within state or federally owned lands purchased for |
| 275 | conservation purposes. The specific schedule for establishment |
| 276 | of spring minimum flows and levels shall be commensurate with |
| 277 | the existing or potential threat to spring flow from consumptive |
| 278 | uses. Springs within the Suwannee River Water Management |
| 279 | District, or second magnitude springs in other areas of the |
| 280 | state, need not be included on the priority list if the water |
| 281 | management district submits a report to the Department of |
| 282 | Environmental Protection demonstrating that adverse impacts are |
| 283 | not now occurring nor are reasonably expected to occur from |
| 284 | consumptive uses during the next 20 years. The priority list and |
| 285 | schedule shall not be subject to any proceeding pursuant to |
| 286 | chapter 120. Except as provided in subsection (3), the |
| 287 | development of a priority list and compliance with the schedule |
| 288 | for the establishment of minimum flows and levels pursuant to |
| 289 | this subsection shall satisfy the requirements of subsection |
| 290 | (1). |
| 291 | Section 7. Section 373.145, Florida Statutes, is amended |
| 292 | to read: |
| 293 | 373.145 Information program regarding hydrologic |
| 294 | conditioning and consumption of major surface and groundwater |
| 295 | sources.--In order to aid in the development of a better |
| 296 | understanding of the unique surface and groundwater resources of |
| 297 | this state, the water management districts shall develop an |
| 298 | information program designed to provide information concerning |
| 299 | existing hydrologic conditions of major surface and groundwater |
| 300 | sources in this state and suggestions for good conservation |
| 301 | practices within those areas. The program shall be developed by |
| 302 | December 31, 2002. The water management districts shall utilize |
| 303 | the most efficient means to regularly distribute this |
| 304 | information to members of the Legislature, the media, and the |
| 305 | public. Beginning January 1, 2003, and on a regular basis no |
| 306 | less than every 6 months thereafter, the information developed |
| 307 | pursuant to this section shall be distributed to every member of |
| 308 | the Florida Senate and the Florida House of Representatives and |
| 309 | to local print and broadcast news organizations. Each water |
| 310 | management district shall be responsible for the distribution of |
| 311 | this information within its established geographic area. |
| 312 | Section 8. Paragraph (k) of subsection (2) of section |
| 313 | 373.1961, Florida Statutes, is amended to read: |
| 314 | 373.1961 Water production.-- |
| 315 | (2) The Legislature finds that, due to a combination of |
| 316 | factors, vastly increased demands have been placed on natural |
| 317 | supplies of fresh water, and that, absent increased development |
| 318 | of alternative water supplies, such demands may increase in the |
| 319 | future. The Legislature also finds that potential exists in the |
| 320 | state for the production of significant quantities of |
| 321 | alternative water supplies, including reclaimed water, and that |
| 322 | water production includes the development of alternative water |
| 323 | supplies, including reclaimed water, for appropriate uses. It is |
| 324 | the intent of the Legislature that utilities develop reclaimed |
| 325 | water systems, where reclaimed water is the most appropriate |
| 326 | alternative water supply option, to deliver reclaimed water to |
| 327 | as many users as possible through the most cost-effective means, |
| 328 | and to construct reclaimed water system infrastructure to their |
| 329 | owned or operated properties and facilities where they have |
| 330 | reclamation capability. It is also the intent of the Legislature |
| 331 | that the water management districts which levy ad valorem taxes |
| 332 | for water management purposes should share a percentage of those |
| 333 | tax revenues with water providers and users, including local |
| 334 | governments, water, wastewater, and reuse utilities, municipal, |
| 335 | industrial, and agricultural water users, and other public and |
| 336 | private water users, to be used to supplement other funding |
| 337 | sources in the development of alternative water supplies. The |
| 338 | Legislature finds that public moneys or services provided to |
| 339 | private entities for such uses constitute public purposes which |
| 340 | are in the public interest. In order to further the development |
| 341 | and use of alternative water supply systems, including reclaimed |
| 342 | water systems, the Legislature provides the following: |
| 343 | (k) By March 1 January 30 of each year, as part of the |
| 344 | consolidated annual report required by s. 373.036(7), each water |
| 345 | management district shall submit a report on an annual report to |
| 346 | the Governor, the President of the Senate, and the Speaker of |
| 347 | the House of Representatives which accounts for the disbursal of |
| 348 | all budgeted amounts pursuant to this subsection. Such report |
| 349 | shall describe all projects funded and shall account separately |
| 350 | for moneys provided through grants, matching grants, revolving |
| 351 | loans, and the use of district lands or facilities. |
| 352 | Section 9. Subsection (7) of section 373.199, Florida |
| 353 | Statutes, is amended to read: |
| 354 | 373.199 Florida Forever Water Management District Work |
| 355 | Plan.-- |
| 356 | (7) By June 1, 2001, each district shall file with the |
| 357 | President of the Senate, the Speaker of the House of |
| 358 | Representatives, and the Secretary of Environmental Protection |
| 359 | the initial 5-year work plan as required under subsection (2). |
| 360 | By March January 1 of each year thereafter, as part of the |
| 361 | consolidated annual report required by s. 373.036(7), each |
| 362 | district shall file with the President of the Senate, the |
| 363 | Speaker of the House of Representatives, and the Secretary of |
| 364 | Environmental Protection a report on of acquisitions completed |
| 365 | during the year together with modifications or additions to its |
| 366 | 5-year work plan. Included in the report shall be: |
| 367 | (a) A description of land management activity for each |
| 368 | property or project area owned by the water management district. |
| 369 | (b) A list of any lands surplused and the amount of |
| 370 | compensation received. |
| 371 | (c) The progress of funding, staffing, and resource |
| 372 | management of every project funded pursuant to s. 259.101, s. |
| 373 | 259.105, or s. 373.59 for which the district is responsible. |
| 374 |
|
| 375 | The secretary shall submit the report referenced in this |
| 376 | subsection to the Board of Trustees of the Internal Improvement |
| 377 | Trust Fund together with the Acquisition and Restoration |
| 378 | Council's project list as required under s. 259.105. |
| 379 | Section 10. Section 373.207, Florida Statutes, is amended |
| 380 | to read: |
| 381 | 373.207 Abandoned artesian wells.-- |
| 382 | (1) Each water management district shall develop a work |
| 383 | plan which identifies the location of all known abandoned |
| 384 | artesian wells within its jurisdictional boundaries and defines |
| 385 | the actions which the district must take in order to ensure that |
| 386 | each such well is plugged on or before January 1, 1992. The work |
| 387 | plan shall include the following: |
| 388 | (1)(a) An initial inventory which accounts for all known |
| 389 | abandoned artesian wells in the district. |
| 390 | (2)(b) The location and owner of each known abandoned |
| 391 | well. |
| 392 | (3)(c) The methodology proposed by the district to |
| 393 | accomplish the plugging of all known abandoned wells within the |
| 394 | district on or before January 1, 1992. |
| 395 | (4)(d) Data relating to costs to be incurred for the |
| 396 | plugging of all wells, including the per-well cost and personnel |
| 397 | costs. |
| 398 | (5)(e) A schedule of priority for the plugging of wells, |
| 399 | which schedule is established to mitigate damage to the |
| 400 | groundwater resource due to water quality degradation. |
| 401 | (2) Each water management district shall submit an annual |
| 402 | update of its work plan to the Secretary of Environmental |
| 403 | Protection by January 1 of each year, until all wells identified |
| 404 | by the plan are plugged. |
| 405 | Section 11. Paragraph (b) of subsection (1) of section |
| 406 | 373.414, Florida Statutes, is amended to read: |
| 407 | 373.414 Additional criteria for activities in surface |
| 408 | waters and wetlands.-- |
| 409 | (1) As part of an applicant's demonstration that an |
| 410 | activity regulated under this part will not be harmful to the |
| 411 | water resources or will not be inconsistent with the overall |
| 412 | objectives of the district, the governing board or the |
| 413 | department shall require the applicant to provide reasonable |
| 414 | assurance that state water quality standards applicable to |
| 415 | waters as defined in s. 403.031(13) will not be violated and |
| 416 | reasonable assurance that such activity in, on, or over surface |
| 417 | waters or wetlands, as delineated in s. 373.421(1), is not |
| 418 | contrary to the public interest. However, if such an activity |
| 419 | significantly degrades or is within an Outstanding Florida |
| 420 | Water, as provided by department rule, the applicant must |
| 421 | provide reasonable assurance that the proposed activity will be |
| 422 | clearly in the public interest. |
| 423 | (b) If the applicant is unable to otherwise meet the |
| 424 | criteria set forth in this subsection, the governing board or |
| 425 | the department, in deciding to grant or deny a permit, shall |
| 426 | consider measures proposed by or acceptable to the applicant to |
| 427 | mitigate adverse effects that may be caused by the regulated |
| 428 | activity. Such measures may include, but are not limited to, |
| 429 | onsite mitigation, offsite mitigation, offsite regional |
| 430 | mitigation, and the purchase of mitigation credits from |
| 431 | mitigation banks permitted under s. 373.4136. It shall be the |
| 432 | responsibility of the applicant to choose the form of |
| 433 | mitigation. The mitigation must offset the adverse effects |
| 434 | caused by the regulated activity. |
| 435 | 1. The department or water management districts may accept |
| 436 | the donation of money as mitigation only where the donation is |
| 437 | specified for use in a duly noticed environmental creation, |
| 438 | preservation, enhancement, or restoration project, endorsed by |
| 439 | the department or the governing board of the water management |
| 440 | district, which offsets the impacts of the activity permitted |
| 441 | under this part. However, the provisions of this subsection |
| 442 | shall not apply to projects undertaken pursuant to s. 373.4137 |
| 443 | or chapter 378. Where a permit is required under this part to |
| 444 | implement any project endorsed by the department or a water |
| 445 | management district, all necessary permits must have been issued |
| 446 | prior to the acceptance of any cash donation. After the |
| 447 | effective date of this act, when money is donated to either the |
| 448 | department or a water management district to offset impacts |
| 449 | authorized by a permit under this part, the department or the |
| 450 | water management district shall accept only a donation that |
| 451 | represents the full cost to the department or water management |
| 452 | district of undertaking the project that is intended to mitigate |
| 453 | the adverse impacts. The full cost shall include all direct and |
| 454 | indirect costs, as applicable, such as those for land |
| 455 | acquisition, land restoration or enhancement, perpetual land |
| 456 | management, and general overhead consisting of costs such as |
| 457 | staff time, building, and vehicles. The department or the water |
| 458 | management district may use a multiplier or percentage to add to |
| 459 | other direct or indirect costs to estimate general overhead. |
| 460 | Mitigation credit for such a donation shall be given only to the |
| 461 | extent that the donation covers the full cost to the agency of |
| 462 | undertaking the project that is intended to mitigate the adverse |
| 463 | impacts. However, nothing herein shall be construed to prevent |
| 464 | the department or a water management district from accepting a |
| 465 | donation representing a portion of a larger project, provided |
| 466 | that the donation covers the full cost of that portion and |
| 467 | mitigation credit is given only for that portion. The department |
| 468 | or water management district may deviate from the full cost |
| 469 | requirements of this subparagraph to resolve a proceeding |
| 470 | brought pursuant to chapter 70 or a claim for inverse |
| 471 | condemnation. Nothing in this section shall be construed to |
| 472 | require the owner of a private mitigation bank, permitted under |
| 473 | s. 373.4136, to include the full cost of a mitigation credit in |
| 474 | the price of the credit to a purchaser of said credit. |
| 475 | 2. The department and each water management district shall |
| 476 | report by March 1 to the Executive Office of the Governor by |
| 477 | January 31 of each year, as part of the consolidated annual |
| 478 | report required by s. 373.036(7), all cash donations accepted |
| 479 | under subparagraph 1. during the preceding water management |
| 480 | district fiscal calendar year for wetland mitigation purposes. |
| 481 | The report shall exclude those contributions pursuant to s. |
| 482 | 373.4137. The report shall include a description of the endorsed |
| 483 | mitigation projects and, except for projects governed by s. |
| 484 | 373.4135(6), shall address, as applicable, success criteria, |
| 485 | project implementation status and timeframe, monitoring, long- |
| 486 | term management, provisions for preservation, and full cost |
| 487 | accounting. |
| 488 | 3. If the applicant is unable to meet water quality |
| 489 | standards because existing ambient water quality does not meet |
| 490 | standards, the governing board or the department shall consider |
| 491 | mitigation measures proposed by or acceptable to the applicant |
| 492 | that cause net improvement of the water quality in the receiving |
| 493 | body of water for those parameters which do not meet standards. |
| 494 | 4. If mitigation requirements imposed by a local |
| 495 | government for surface water and wetland impacts of an activity |
| 496 | regulated under this part cannot be reconciled with mitigation |
| 497 | requirements approved under a permit for the same activity |
| 498 | issued under this part, including application of the uniform |
| 499 | wetland mitigation assessment method adopted pursuant to |
| 500 | subsection (18), the mitigation requirements for surface water |
| 501 | and wetland impacts shall be controlled by the permit issued |
| 502 | under this part. |
| 503 | Section 12. Paragraph (d) of subsection (4) and |
| 504 | subsections (13) and (14) of section 373.4592, Florida Statutes, |
| 505 | are amended to read: |
| 506 | 373.4592 Everglades improvement and management.-- |
| 507 | (4) EVERGLADES PROGRAM.-- |
| 508 | (d) Everglades research and monitoring program.-- |
| 509 | 1. The department and the district shall review and |
| 510 | evaluate available water quality data for the Everglades |
| 511 | Protection Area and tributary waters and identify any additional |
| 512 | information necessary to adequately describe water quality in |
| 513 | the Everglades Protection Area and tributary waters. The |
| 514 | department and the district shall also initiate a research and |
| 515 | monitoring program to generate such additional information |
| 516 | identified and to evaluate the effectiveness of the BMPs and |
| 517 | STAs, as they are implemented, in improving water quality and |
| 518 | maintaining designated and existing beneficial uses of the |
| 519 | Everglades Protection Area and tributary waters. As part of the |
| 520 | program, the district shall monitor all discharges into the |
| 521 | Everglades Protection Area for purposes of determining |
| 522 | compliance with state water quality standards. |
| 523 | 2. The research and monitoring program shall evaluate the |
| 524 | ecological and hydrological needs of the Everglades Protection |
| 525 | Area, including the minimum flows and levels. Consistent with |
| 526 | such needs, the program shall also evaluate water quality |
| 527 | standards for the Everglades Protection Area and for the canals |
| 528 | of the EAA, so that these canals can be classified in the manner |
| 529 | set forth in paragraph (e) and protected as an integral part of |
| 530 | the water management system which includes the STAs of the |
| 531 | Everglades Construction Project and allows landowners in the EAA |
| 532 | to achieve applicable water quality standards compliance by BMPs |
| 533 | and STA treatment to the extent this treatment is available and |
| 534 | effective. |
| 535 | 3. The research and monitoring program shall include |
| 536 | research seeking to optimize the design and operation of the |
| 537 | STAs, including research to reduce outflow concentrations, and |
| 538 | to identify other treatment and management methods and |
| 539 | regulatory programs that are superior to STAs in achieving the |
| 540 | intent and purposes of this section. |
| 541 | 4. The research and monitoring program shall be conducted |
| 542 | to allow the department to propose a phosphorus criterion in the |
| 543 | Everglades Protection Area, and to evaluate existing state water |
| 544 | quality standards applicable to the Everglades Protection Area |
| 545 | and existing state water quality standards and classifications |
| 546 | applicable to the EAA canals. In developing the phosphorus |
| 547 | criterion, the department shall also consider the minimum flows |
| 548 | and levels for the Everglades Protection Area and the district's |
| 549 | water supply plans for the Lower East Coast. |
| 550 | 5. Beginning March 1, 2006, as part of the consolidated |
| 551 | annual report required by s. 373.036(7) January 1, 2000, the |
| 552 | district and the department shall annually issue a peer-reviewed |
| 553 | report regarding the research and monitoring program that |
| 554 | summarizes all data and findings. The department shall provide |
| 555 | copies of the report to the Governor, the President of the |
| 556 | Senate, and the Speaker of the House of Representatives. The |
| 557 | report shall identify water quality parameters, in addition to |
| 558 | phosphorus, which exceed state water quality standards or are |
| 559 | causing or contributing to adverse impacts in the Everglades |
| 560 | Protection Area. |
| 561 | 6. The district shall continue research seeking to |
| 562 | optimize the design and operation of STAs and to identify other |
| 563 | treatment and management methods that are superior to STAs in |
| 564 | achieving optimum water quality and water quantity for the |
| 565 | benefit of the Everglades. The district shall optimize the |
| 566 | design and operation of the STAs described in the Everglades |
| 567 | Construction Project prior to expanding their size. Additional |
| 568 | methods to achieve compliance with water quality standards shall |
| 569 | not be limited to more intensive management of the STAs. |
| 570 | (13) ANNUAL REPORTS.--Beginning March 1, 2006, as part of |
| 571 | the consolidated annual report required by s. 373.036(7) January |
| 572 | 1, 1992, the district shall report on submit to the department, |
| 573 | the Governor, the Speaker of the House of Representatives, the |
| 574 | Minority Leader of the House of Representatives, the President |
| 575 | of the Senate, and the Minority Leader of the Senate annual |
| 576 | progress reports regarding implementation of the section. The |
| 577 | annual report will include a summary of the water conditions in |
| 578 | the Everglades Protection Area, the status of the impacted |
| 579 | areas, the status of the construction of the STAs, the |
| 580 | implementation of the BMPs, and actions taken to monitor and |
| 581 | control exotic species. The district must prepare the report in |
| 582 | coordination with federal and state agencies. |
| 583 | (14) EVERGLADES FUND.--The South Florida Water Management |
| 584 | District is directed to separately account for all moneys used |
| 585 | for the purpose of funding the Everglades Construction Project |
| 586 | as part of the consolidated annual report required by s. |
| 587 | 373.036(7). |
| 588 | Section 13. Subsection (3) of section 373.45926, Florida |
| 589 | Statutes, is amended to read: |
| 590 | 373.45926 Everglades Trust Fund; allocation of revenues |
| 591 | and expenditure of funds for conservation and protection of |
| 592 | natural resources and abatement of water pollution.-- |
| 593 | (3) The South Florida Water Management District shall |
| 594 | furnish, as part of the consolidated annual report required by |
| 595 | s. 373.036(7) on a quarterly basis, a detailed copy of its |
| 596 | expenditures from the Everglades Trust Fund to the Governor, the |
| 597 | President of the Senate, and the Speaker of the House of |
| 598 | Representatives, and shall make copies available to the public. |
| 599 | The information shall be provided in a format approved by the |
| 600 | Joint Legislative Committee on Everglades Oversight. At the |
| 601 | direction of the Joint Legislative Committee on Everglades |
| 602 | Oversight, an audit may be made from time to time by the Auditor |
| 603 | General, and such audit shall be within the authority of said |
| 604 | Auditor General to make. |
| 605 | Section 14. Paragraph (g) of subsection (3) of section |
| 606 | 373.4595, Florida Statutes, is amended to read: |
| 607 | 373.4595 Lake Okeechobee Protection Program.-- |
| 608 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
| 609 | program for Lake Okeechobee that achieves phosphorus load |
| 610 | reductions for Lake Okeechobee shall be immediately implemented |
| 611 | as specified in this subsection. The program shall address the |
| 612 | reduction of phosphorus loading to the lake from both internal |
| 613 | and external sources. Phosphorus load reductions shall be |
| 614 | achieved through a phased program of implementation. Initial |
| 615 | implementation actions shall be technology-based, based upon a |
| 616 | consideration of both the availability of appropriate technology |
| 617 | and the cost of such technology, and shall include phosphorus |
| 618 | reduction measures at both the source and the regional level. |
| 619 | The initial phase of phosphorus load reductions shall be based |
| 620 | upon the district's Technical Publication 81-2 and the |
| 621 | district's WOD program, with subsequent phases of phosphorus |
| 622 | load reductions based upon the total maximum daily loads |
| 623 | established in accordance with s. 403.067. In the development |
| 624 | and administration of the Lake Okeechobee Protection Program, |
| 625 | the coordinating agencies shall maximize opportunities provided |
| 626 | by federal cost-sharing programs and opportunities for |
| 627 | partnerships with the private sector. |
| 628 | (g) Annual progress report.--Each March January 1, |
| 629 | beginning in 2006 2001, the district shall report on submit to |
| 630 | the Governor, the President of the Senate, and the Speaker of |
| 631 | the House of Representatives annual progress reports regarding |
| 632 | implementation of this section as part of the consolidated |
| 633 | annual report required in s. 373.036(7). The annual report shall |
| 634 | include a summary of water quality and habitat conditions in |
| 635 | Lake Okeechobee and the Lake Okeechobee watershed and the status |
| 636 | of the Lake Okeechobee Construction Project. The district shall |
| 637 | prepare the report in cooperation with the other coordinating |
| 638 | agencies. |
| 639 | Section 15. Subsection (7) of section 373.470, Florida |
| 640 | Statutes, is amended to read: |
| 641 | 373.470 Everglades restoration.-- |
| 642 | (7) ANNUAL REPORT.--To provide enhanced oversight of and |
| 643 | accountability for the financial commitments established under |
| 644 | this section and the progress made in the implementation of the |
| 645 | comprehensive plan, the following information must be prepared |
| 646 | annually as part of the consolidated annual report required by |
| 647 | s. 373.036(7): |
| 648 | (a) The district, in cooperation with the department, |
| 649 | shall provide the following information as it relates to |
| 650 | implementation of the comprehensive plan: |
| 651 | 1. An identification of funds, by source and amount, |
| 652 | received by the state and by each local sponsor during the |
| 653 | fiscal year. |
| 654 | 2. An itemization of expenditures, by source and amount, |
| 655 | made by the state and by each local sponsor during the fiscal |
| 656 | year. |
| 657 | 3. A description of the purpose for which the funds were |
| 658 | expended. |
| 659 | 4. The unencumbered balance of funds remaining in trust |
| 660 | funds or other accounts designated for implementation of the |
| 661 | comprehensive plan. |
| 662 | 5. A schedule of anticipated expenditures for the next |
| 663 | fiscal year. |
| 664 | (b) The department shall prepare a detailed report on all |
| 665 | funds expended by the state and credited toward the state's |
| 666 | share of funding for implementation of the comprehensive plan. |
| 667 | The report shall include: |
| 668 | 1. A description of all expenditures, by source and |
| 669 | amount, from the Conservation and Recreation Lands Trust Fund, |
| 670 | the Land Acquisition Trust Fund, the Preservation 2000 Trust |
| 671 | Fund, the Florida Forever Trust Fund, the Save Our Everglades |
| 672 | Trust Fund, and other named funds or accounts for the |
| 673 | acquisition or construction of project components or other |
| 674 | features or facilities that benefit the comprehensive plan. |
| 675 | 2. A description of the purposes for which the funds were |
| 676 | expended. |
| 677 | 3. The unencumbered fiscal-year-end balance that remains |
| 678 | in each trust fund or account identified in subparagraph 1. |
| 679 | (c) The district, in cooperation with the department, |
| 680 | shall provide a detailed report on progress made in the |
| 681 | implementation of the comprehensive plan, including the status |
| 682 | of all project components initiated after the effective date of |
| 683 | this act or the date of the last report prepared under this |
| 684 | subsection, whichever is later. |
| 685 |
|
| 686 | The information required in paragraphs (a), (b), and (c) shall |
| 687 | be provided as part of the consolidated annual report required |
| 688 | by s. 373.036(7) annually in a single report to the Governor, |
| 689 | the President of the Senate, and the Speaker of the House of |
| 690 | Representatives, and copies of the report must be made available |
| 691 | to the public. The initial report is due by November 30, 2000, |
| 692 | and each annual report thereafter is due by March 1 January 31. |
| 693 | Section 16. Paragraph (a) of subsection (6) of section |
| 694 | 373.536, Florida Statutes, is amended to read: |
| 695 | 373.536 District budget and hearing thereon.-- |
| 696 | (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; |
| 697 | WATER RESOURCE DEVELOPMENT WORK PROGRAM.-- |
| 698 | (a) Each district must, by the date specified for each |
| 699 | item, furnish copies of the following documents to the Governor, |
| 700 | the President of the Senate, the Speaker of the House of |
| 701 | Representatives, the chairs of all legislative committees and |
| 702 | subcommittees having substantive or fiscal jurisdiction over the |
| 703 | districts, as determined by the President of the Senate or the |
| 704 | Speaker of the House of Representatives as applicable, the |
| 705 | secretary of the department, and the governing board of each |
| 706 | county in which the district has jurisdiction or derives any |
| 707 | funds for the operations of the district: |
| 708 | 1. The adopted budget, to be furnished within 10 days |
| 709 | after its adoption. |
| 710 | 2. A financial audit of its accounts and records, to be |
| 711 | furnished within 10 days after its acceptance by the governing |
| 712 | board. The audit must be conducted in accordance with the |
| 713 | provisions of s. 11.45 and the rules adopted thereunder. In |
| 714 | addition to the entities named above, the district must provide |
| 715 | a copy of the audit to the Auditor General within 10 days after |
| 716 | its acceptance by the governing board. |
| 717 | 3. A 5-year capital improvements plan, to be included in |
| 718 | the consolidated annual report required by s. 373.036(7) |
| 719 | furnished within 45 days after the adoption of the final budget. |
| 720 | The plan must include expected sources of revenue for planned |
| 721 | improvements and must be prepared in a manner comparable to the |
| 722 | fixed capital outlay format set forth in s. 216.043. |
| 723 | 4. A 5-year water resource development work program to be |
| 724 | furnished within 30 45 days after the adoption of the final |
| 725 | budget. The program must describe the district's implementation |
| 726 | strategy for the water resource development component of each |
| 727 | approved regional water supply plan developed or revised under |
| 728 | s. 373.0361. The work program must address all the elements of |
| 729 | the water resource development component in the district's |
| 730 | approved regional water supply plans and must identify which |
| 731 | projects in the work program will provide water, explain how |
| 732 | each water resource development project will produce additional |
| 733 | water available for consumptive uses, estimate the quantity of |
| 734 | water to be produced by each project, and provide an assessment |
| 735 | of the contribution of the district's regional water supply |
| 736 | plans in providing sufficient water to meet the water supply |
| 737 | needs of existing and future reasonable-beneficial uses for a 1- |
| 738 | in-10-year drought event. Within 30 45 days after its submittal, |
| 739 | the department shall review the proposed work program and submit |
| 740 | its findings, questions, and comments to the district. The |
| 741 | review must include a written evaluation of the program's |
| 742 | consistency with the furtherance of the district's approved |
| 743 | regional water supply plans, and the adequacy of proposed |
| 744 | expenditures. As part of the review, the department shall give |
| 745 | interested parties the opportunity to provide written comments |
| 746 | on each district's proposed work program. Within 45 60 days |
| 747 | after receipt of the department's evaluation, the governing |
| 748 | board shall state in writing to the department which changes |
| 749 | recommended in the evaluation it will incorporate into its work |
| 750 | program submitted as part of the March 1 consolidated annual |
| 751 | report required by s. 373.036(7) or specify the reasons for not |
| 752 | incorporating the changes. The department shall include the |
| 753 | district's responses in a final evaluation report and shall |
| 754 | submit a copy of the report to the Governor, the President of |
| 755 | the Senate, and the Speaker of the House of Representatives. |
| 756 | Section 17. By February 1, 2006, the Department of |
| 757 | Environmental Protection, after consultation with the five water |
| 758 | management districts, shall recommend to the Governor, the |
| 759 | President of the Senate, and the Speaker of the House of |
| 760 | Representatives any additional changes to or consolidation of |
| 761 | the existing planning and reporting requirements of chapter 373, |
| 762 | Florida Statutes, that it deems appropriate to efficiently and |
| 763 | effectively protect and utilize the state's water resources. |
| 764 | Section 18. Section 373.0395, Florida Statutes, is |
| 765 | repealed. |
| 766 | Section 19. This act shall take effect July 1, 2005. |