HB 727

1
A bill to be entitled
2An act relating to water management district planning and
3reporting; amending s. 373.036, F.S.; authorizing
4submission of an annual strategic plan in lieu of other
5district water management plan information and providing
6requirements therefor; requiring water management
7districts to submit a consolidated annual report and
8providing requirements therefor; correcting a cross
9reference; amending ss. 11.80, 163.3177, 193.625,
10373.0397, 373.042, 373.145, 373.1961, 373.199, 373.207,
11373.414, 373.4592, 373.45926, 373.4595, 373.470, and
12373.536, F.S.; revising certain reporting requirements and
13cross references to conform; directing the Department of
14Environmental Protection to recommend to the Governor and
15Legislature additional changes to or consolidation of
16planning and reporting requirements of ch. 373, F.S.,
17relating to water resources; repealing s. 373.0395, F.S.,
18relating to groundwater basin resource availability
19inventories; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (4) of section 11.80, Florida
24Statutes, is amended to read:
25     11.80  Joint Legislative Committee on Everglades
26Oversight.--
27     (4)  Annually, no later than March January 1, as part of
28the consolidated annual report required by s. 373.036(7), the
29South Florida Water Management District shall report to the
30Joint Legislative Committee on Everglades Oversight on the
31status of the implementation of the Everglades Forever Act. Such
32report shall include, but is not limited to:
33     (a)  Progress on the Everglades Construction Project.
34     (b)  Changes to the Everglades Construction Project.
35     (c)  Actual revenues, compared to projected revenues.
36     (d)  Projected acquisition costs, construction costs,
37operation and maintenance costs, and projected revenues, over
38the succeeding 5 years.
39     Section 2.  Paragraph (c) of subsection (6) of section
40163.3177, Florida Statutes, is amended to read:
41     163.3177  Required and optional elements of comprehensive
42plan; studies and surveys.--
43     (6)  In addition to the requirements of subsections
44(1)-(5), the comprehensive plan shall include the following
45elements:
46     (c)  A general sanitary sewer, solid waste, drainage,
47potable water, and natural groundwater aquifer recharge element
48correlated to principles and guidelines for future land use,
49indicating ways to provide for future potable water, drainage,
50sanitary sewer, solid waste, and aquifer recharge protection
51requirements for the area. The element may be a detailed
52engineering plan including a topographic map depicting areas of
53prime groundwater recharge. The element shall describe the
54problems and needs and the general facilities that will be
55required for solution of the problems and needs. The element
56shall also include a topographic map depicting any areas adopted
57by a regional water management district as prime groundwater
58recharge areas for the Floridan or Biscayne aquifers, pursuant
59to s. 373.0395. These areas shall be given special consideration
60when the local government is engaged in zoning or considering
61future land use for said designated areas. For areas served by
62septic tanks, soil surveys shall be provided which indicate the
63suitability of soils for septic tanks. By December 1, 2006, the
64element must consider the appropriate water management
65district's regional water supply plan approved pursuant to s.
66373.0361. The element must include a work plan, covering at
67least a 10-year planning period, for building water supply
68facilities that are identified in the element as necessary to
69serve existing and new development and for which the local
70government is responsible. The work plan shall be updated, at a
71minimum, every 5 years within 12 months after the governing
72board of a water management district approves an updated
73regional water supply plan. Amendments to incorporate the work
74plan do not count toward the limitation on the frequency of
75adoption of amendments to the comprehensive plan.
76     Section 3.  Paragraph (b) of subsection (3) of section
77193.625, Florida Statutes, is amended to read:
78     193.625  High-water recharge lands; classification and
79assessment.--
80     (3)
81     (b)  Subject to the restrictions set out in this section,
82only lands that are used primarily for bona fide high-water
83recharge purposes may be classified as high-water recharge. The
84term "bona fide high-water recharge purposes" means good faith
85high-water recharge use of the land. In determining whether the
86use of the land for high-water recharge purposes is bona fide,
87the following factors apply:
88     1.  The land use must have been continuous.
89     2.  The land use must be vacant residential, vacant
90commercial, vacant industrial, vacant institutional,
91nonagricultural, or single-family residential. The maintenance
92of one single-family residential dwelling on part of the land
93does not in itself preclude a high-water recharge
94classification.
95     3.  The land must be located within a prime groundwater
96recharge area established in accordance with s. 373.0395 or in
97an area considered by the appropriate water management district
98to supply significant groundwater recharge. Significant
99groundwater recharge shall be assessed by the appropriate water
100management district on the basis of hydrologic characteristics
101of the soils and underlying geologic formations.
102     4.  The land must not be receiving any other special
103classification.
104     5.  There must not be in the vicinity of the land any
105activity that has the potential to contaminate the ground water,
106including, but not limited to, the presence of:
107     a.  Toxic or hazardous substances;
108     b.  Free-flowing saline artesian wells;
109     c.  Drainage wells;
110     d.  Underground storage tanks; or
111     e.  Any potential pollution source existing on a property
112that drains to the property seeking the high-water recharge
113classification.
114     6.  The owner of the property has entered into a contract
115with the county as provided in subsection (5).
116     7.  The parcel of land must be at least 10 acres.
117
118Notwithstanding the provisions of this paragraph, the property
119appraiser shall use the best available information on the high-
120water recharge characteristics of lands when making a final
121determination to grant or deny an application for high-water
122recharge assessment for the lands.
123     Section 4.  Paragraph (b) of subsection (2) of section
124373.036, Florida Statutes, is amended, paragraph (e) is added to
125said subsection, and subsection (7) is added to said section, to
126read:
127     373.036  Florida water plan; district water management
128plans.--
129     (2)  DISTRICT WATER MANAGEMENT PLANS.--
130     (b)  The district water management plan shall include, but
131not be limited to:
132     1.  The scientific methodologies for establishing minimum
133flows and levels under s. 373.042, and all established minimum
134flows and levels.
135     2.  Identification of one or more water supply planning
136regions that singly or together encompass the entire district.
137     3.  Technical data and information prepared under s. ss.
138373.0391 and 373.0395.
139     4.  A districtwide water supply assessment, to be completed
140no later than July 1, 1998, which determines for each water
141supply planning region:
142     a.  Existing legal uses, reasonably anticipated future
143needs, and existing and reasonably anticipated sources of water
144and conservation efforts; and
145     b.  Whether existing and reasonably anticipated sources of
146water and conservation efforts are adequate to supply water for
147all existing legal uses and reasonably anticipated future needs
148and to sustain the water resources and related natural systems.
149     5.  Any completed regional water supply plans.
150     (e)  At its option, a governing board may substitute an
151annual strategic plan for the requirement to develop a district
152water management plan and the district water management plan
153annual report required by subparagraph (7)(b)1., provided that
154nothing herein affects any other provision or requirement of law
155concerning the completion of the regional water supply plan and
156the strategic plan meets the following minimum requirements:
157     1.  The strategic plan establishes the water management
158district's strategic priorities for at least a future 5-year
159period.
160     2.  The strategic plan identifies the goals, strategies,
161success indicators, funding sources, deliverables, and
162milestones to accomplish the strategic priorities.
163     3.  The strategic plan development process includes at
164least one publicly noticed meeting to allow public participation
165in its development.
166     4.  The strategic plan includes separately, as an addendum,
167an annual work plan report on the implementation of the
168strategic plan for the previous fiscal year, addressing success
169indicators, deliverables, and milestones.
170     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
171REPORT.--
172     (a)  By March 1, 2006, and annually thereafter, each water
173management district shall prepare and submit to the department,
174the Governor, the President of the Senate, and the Speaker of
175the House of Representatives a consolidated water management
176district annual report on the management of water resources. In
177addition, copies must be provided by the water management
178districts to the chairs of all legislative committees having
179substantive or fiscal jurisdiction over the districts and the
180governing board of each county in the district having
181jurisdiction or deriving any funds for operations of the
182district. Copies of the consolidated annual report must be made
183available to the public, either in printed or electronic format.
184     (b)  The consolidated annual report shall contain the
185following elements, as appropriate to that water management
186district:
187     1.  A district water management plan annual report or the
188annual work plan report allowed in subparagraph (2)(e)4.
189     2.  The department-approved minimum flows and levels annual
190priority list and schedule required by s. 373.042(2).
191     3.  The annual 5-year capital improvements plan required by
192s. 373.536(6)(a)3.
193     4.  The alternative water supplies annual report required
194by s. 373.1961(2)(k).
195     5.  The final annual 5-year water resource development work
196program required by s. 373.536(6)(a)4.
197     6.  The Florida Forever Water Management District Work Plan
198annual report required by s. 373.199(7).
199     7.  The mitigation donation annual report required by s.
200373.414(1)(b)2.
201     (c)  Each of the elements listed in paragraph (b) is to be
202addressed in a separate chapter or section within the
203consolidated annual report, although information common to more
204than one of these elements may be consolidated as deemed
205appropriate by the individual water management district.
206     (d)  Each water management district may include in the
207consolidated annual report such additional information on the
208status or management of water resources within the district as
209it deems appropriate.
210     (e)  In addition to the elements specified in paragraph
211(b), the South Florida Water Management District shall include
212in the consolidated annual report the following elements:
213     1.  The Lake Okeechobee Protection Program annual progress
214report required by s. 373.4595(3)(g).
215     2.  The Everglades annual progress reports specified in s.
216373.4592(4)(d)5., (13), and (14).
217     3.     The Everglades restoration annual report required by
218s. 373.470(7).
219     4.  The Everglades Forever Act annual implementation report
220required by s. 11.80(4).
221     5.  The Everglades Trust Fund annual expenditure report
222required by s. 373.45926(3).
223     Section 5.  Section 373.0397, Florida Statutes, is amended
224to read:
225     373.0397  Floridan and Biscayne aquifers; designation of
226prime groundwater recharge areas.--Upon preparation of an
227inventory of prime groundwater recharge areas for the Floridan
228or Biscayne aquifers as a part of the requirements of s.
229373.0395(3), but prior to adoption by the governing board, the
230water management district shall publish a legal notice of public
231hearing on the designated areas for the Floridan and Biscayne
232aquifers, with a map delineating the boundaries of the areas, in
233newspapers defined in chapter 50 as having general circulation
234within the area to be affected. The notice shall be at least
235one-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
241specific land areas as areas of prime recharge to the   (name of
242aquifer)   Aquifer.
243     All concerned citizens are invited to attend a public
244hearing on the proposed designation to be held on   (date and
245time)   at   (meeting place)  .
246     A map of the affected areas follows.
247
248The governing board of the water management district shall adopt
249a designation of prime groundwater recharge areas to the
250Floridan and Biscayne aquifers by rule within 120 days after the
251public hearing, subject to the provisions of chapter 120.
252     Section 6.  Subsection (2) of section 373.042, Florida
253Statutes, is amended to read:
254     373.042  Minimum flows and levels.--
255     (2)  By November 15, 1997, and annually thereafter, each
256water management district shall submit to the department for
257review and approval a priority list and schedule for the
258establishment of minimum flows and levels for surface
259watercourses, aquifers, and surface waters within the district.
260The priority list shall also identify those water bodies for
261which the district will voluntarily undertake independent
262scientific peer review. By March 1, 2006 January 1, 1998, and
263annually thereafter, each water management district shall
264include publish its approved priority list and schedule in the
265consolidated annual report required by s. 373.036(7) Florida
266Administrative Weekly. The priority list shall be based upon the
267importance of the waters to the state or region and the
268existence of or potential for significant harm to the water
269resources or ecology of the state or region, and shall include
270those waters which are experiencing or may reasonably be
271expected to experience adverse impacts. By January 1, 2003, Each
272water management district's priority list and schedule shall
273include all first magnitude springs, and all second magnitude
274springs within state or federally owned lands purchased for
275conservation purposes. The specific schedule for establishment
276of spring minimum flows and levels shall be commensurate with
277the existing or potential threat to spring flow from consumptive
278uses. Springs within the Suwannee River Water Management
279District, or second magnitude springs in other areas of the
280state, need not be included on the priority list if the water
281management district submits a report to the Department of
282Environmental Protection demonstrating that adverse impacts are
283not now occurring nor are reasonably expected to occur from
284consumptive uses during the next 20 years. The priority list and
285schedule shall not be subject to any proceeding pursuant to
286chapter 120. Except as provided in subsection (3), the
287development of a priority list and compliance with the schedule
288for the establishment of minimum flows and levels pursuant to
289this subsection shall satisfy the requirements of subsection
290(1).
291     Section 7.  Section 373.145, Florida Statutes, is amended
292to read:
293     373.145  Information program regarding hydrologic
294conditioning and consumption of major surface and groundwater
295sources.--In order to aid in the development of a better
296understanding of the unique surface and groundwater resources of
297this state, the water management districts shall develop an
298information program designed to provide information concerning
299existing hydrologic conditions of major surface and groundwater
300sources in this state and suggestions for good conservation
301practices within those areas. The program shall be developed by
302December 31, 2002. The water management districts shall utilize
303the most efficient means to regularly distribute this
304information to members of the Legislature, the media, and the
305public. Beginning January 1, 2003, and on a regular basis no
306less than every 6 months thereafter, the information developed
307pursuant to this section shall be distributed to every member of
308the Florida Senate and the Florida House of Representatives and
309to local print and broadcast news organizations. Each water
310management district shall be responsible for the distribution of
311this information within its established geographic area.
312     Section 8.  Paragraph (k) of subsection (2) of section
313373.1961, Florida Statutes, is amended to read:
314     373.1961  Water production.--
315     (2)  The Legislature finds that, due to a combination of
316factors, vastly increased demands have been placed on natural
317supplies of fresh water, and that, absent increased development
318of alternative water supplies, such demands may increase in the
319future. The Legislature also finds that potential exists in the
320state for the production of significant quantities of
321alternative water supplies, including reclaimed water, and that
322water production includes the development of alternative water
323supplies, including reclaimed water, for appropriate uses. It is
324the intent of the Legislature that utilities develop reclaimed
325water systems, where reclaimed water is the most appropriate
326alternative water supply option, to deliver reclaimed water to
327as many users as possible through the most cost-effective means,
328and to construct reclaimed water system infrastructure to their
329owned or operated properties and facilities where they have
330reclamation capability. It is also the intent of the Legislature
331that the water management districts which levy ad valorem taxes
332for water management purposes should share a percentage of those
333tax revenues with water providers and users, including local
334governments, water, wastewater, and reuse utilities, municipal,
335industrial, and agricultural water users, and other public and
336private water users, to be used to supplement other funding
337sources in the development of alternative water supplies. The
338Legislature finds that public moneys or services provided to
339private entities for such uses constitute public purposes which
340are in the public interest. In order to further the development
341and use of alternative water supply systems, including reclaimed
342water systems, the Legislature provides the following:
343     (k)  By March 1 January 30 of each year, as part of the
344consolidated annual report required by s. 373.036(7), each water
345management district shall submit a report on an annual report to
346the Governor, the President of the Senate, and the Speaker of
347the House of Representatives which accounts for the disbursal of
348all budgeted amounts pursuant to this subsection. Such report
349shall describe all projects funded and shall account separately
350for moneys provided through grants, matching grants, revolving
351loans, and the use of district lands or facilities.
352     Section 9.  Subsection (7) of section 373.199, Florida
353Statutes, is amended to read:
354     373.199  Florida Forever Water Management District Work
355Plan.--
356     (7)  By June 1, 2001, each district shall file with the
357President of the Senate, the Speaker of the House of
358Representatives, and the Secretary of Environmental Protection
359the initial 5-year work plan as required under subsection (2).
360By March January 1 of each year thereafter, as part of the
361consolidated annual report required by s. 373.036(7), each
362district shall file with the President of the Senate, the
363Speaker of the House of Representatives, and the Secretary of
364Environmental Protection a report on of acquisitions completed
365during the year together with modifications or additions to its
3665-year work plan. Included in the report shall be:
367     (a)  A description of land management activity for each
368property or project area owned by the water management district.
369     (b)  A list of any lands surplused and the amount of
370compensation received.
371     (c)  The progress of funding, staffing, and resource
372management of every project funded pursuant to s. 259.101, s.
373259.105, or s. 373.59 for which the district is responsible.
374
375The secretary shall submit the report referenced in this
376subsection to the Board of Trustees of the Internal Improvement
377Trust Fund together with the Acquisition and Restoration
378Council's project list as required under s. 259.105.
379     Section 10.  Section 373.207, Florida Statutes, is amended
380to read:
381     373.207  Abandoned artesian wells.--
382     (1)  Each water management district shall develop a work
383plan which identifies the location of all known abandoned
384artesian wells within its jurisdictional boundaries and defines
385the actions which the district must take in order to ensure that
386each such well is plugged on or before January 1, 1992. The work
387plan shall include the following:
388     (1)(a)  An initial inventory which accounts for all known
389abandoned artesian wells in the district.
390     (2)(b)  The location and owner of each known abandoned
391well.
392     (3)(c)  The methodology proposed by the district to
393accomplish the plugging of all known abandoned wells within the
394district on or before January 1, 1992.
395     (4)(d)  Data relating to costs to be incurred for the
396plugging of all wells, including the per-well cost and personnel
397costs.
398     (5)(e)  A schedule of priority for the plugging of wells,
399which schedule is established to mitigate damage to the
400groundwater resource due to water quality degradation.
401     (2)  Each water management district shall submit an annual
402update of its work plan to the Secretary of Environmental
403Protection by January 1 of each year, until all wells identified
404by the plan are plugged.
405     Section 11.  Paragraph (b) of subsection (1) of section
406373.414, Florida Statutes, is amended to read:
407     373.414  Additional criteria for activities in surface
408waters and wetlands.--
409     (1)  As part of an applicant's demonstration that an
410activity regulated under this part will not be harmful to the
411water resources or will not be inconsistent with the overall
412objectives of the district, the governing board or the
413department shall require the applicant to provide reasonable
414assurance that state water quality standards applicable to
415waters as defined in s. 403.031(13) will not be violated and
416reasonable assurance that such activity in, on, or over surface
417waters or wetlands, as delineated in s. 373.421(1), is not
418contrary to the public interest. However, if such an activity
419significantly degrades or is within an Outstanding Florida
420Water, as provided by department rule, the applicant must
421provide reasonable assurance that the proposed activity will be
422clearly in the public interest.
423     (b)  If the applicant is unable to otherwise meet the
424criteria set forth in this subsection, the governing board or
425the department, in deciding to grant or deny a permit, shall
426consider measures proposed by or acceptable to the applicant to
427mitigate adverse effects that may be caused by the regulated
428activity. Such measures may include, but are not limited to,
429onsite mitigation, offsite mitigation, offsite regional
430mitigation, and the purchase of mitigation credits from
431mitigation banks permitted under s. 373.4136. It shall be the
432responsibility of the applicant to choose the form of
433mitigation. The mitigation must offset the adverse effects
434caused by the regulated activity.
435     1.  The department or water management districts may accept
436the donation of money as mitigation only where the donation is
437specified for use in a duly noticed environmental creation,
438preservation, enhancement, or restoration project, endorsed by
439the department or the governing board of the water management
440district, which offsets the impacts of the activity permitted
441under this part. However, the provisions of this subsection
442shall not apply to projects undertaken pursuant to s. 373.4137
443or chapter 378. Where a permit is required under this part to
444implement any project endorsed by the department or a water
445management district, all necessary permits must have been issued
446prior to the acceptance of any cash donation. After the
447effective date of this act, when money is donated to either the
448department or a water management district to offset impacts
449authorized by a permit under this part, the department or the
450water management district shall accept only a donation that
451represents the full cost to the department or water management
452district of undertaking the project that is intended to mitigate
453the adverse impacts. The full cost shall include all direct and
454indirect costs, as applicable, such as those for land
455acquisition, land restoration or enhancement, perpetual land
456management, and general overhead consisting of costs such as
457staff time, building, and vehicles. The department or the water
458management district may use a multiplier or percentage to add to
459other direct or indirect costs to estimate general overhead.
460Mitigation credit for such a donation shall be given only to the
461extent that the donation covers the full cost to the agency of
462undertaking the project that is intended to mitigate the adverse
463impacts. However, nothing herein shall be construed to prevent
464the department or a water management district from accepting a
465donation representing a portion of a larger project, provided
466that the donation covers the full cost of that portion and
467mitigation credit is given only for that portion. The department
468or water management district may deviate from the full cost
469requirements of this subparagraph to resolve a proceeding
470brought pursuant to chapter 70 or a claim for inverse
471condemnation. Nothing in this section shall be construed to
472require the owner of a private mitigation bank, permitted under
473s. 373.4136, to include the full cost of a mitigation credit in
474the price of the credit to a purchaser of said credit.
475     2.  The department and each water management district shall
476report by March 1 to the Executive Office of the Governor by
477January 31 of each year, as part of the consolidated annual
478report required by s. 373.036(7), all cash donations accepted
479under subparagraph 1. during the preceding water management
480district fiscal calendar year for wetland mitigation purposes.
481The report shall exclude those contributions pursuant to s.
482373.4137. The report shall include a description of the endorsed
483mitigation projects and, except for projects governed by s.
484373.4135(6), shall address, as applicable, success criteria,
485project implementation status and timeframe, monitoring, long-
486term management, provisions for preservation, and full cost
487accounting.
488     3.  If the applicant is unable to meet water quality
489standards because existing ambient water quality does not meet
490standards, the governing board or the department shall consider
491mitigation measures proposed by or acceptable to the applicant
492that cause net improvement of the water quality in the receiving
493body of water for those parameters which do not meet standards.
494     4.  If mitigation requirements imposed by a local
495government for surface water and wetland impacts of an activity
496regulated under this part cannot be reconciled with mitigation
497requirements approved under a permit for the same activity
498issued under this part, including application of the uniform
499wetland mitigation assessment method adopted pursuant to
500subsection (18), the mitigation requirements for surface water
501and wetland impacts shall be controlled by the permit issued
502under this part.
503     Section 12.  Paragraph (d) of subsection (4) and
504subsections (13) and (14) of section 373.4592, Florida Statutes,
505are 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
510evaluate available water quality data for the Everglades
511Protection Area and tributary waters and identify any additional
512information necessary to adequately describe water quality in
513the Everglades Protection Area and tributary waters. The
514department and the district shall also initiate a research and
515monitoring program to generate such additional information
516identified and to evaluate the effectiveness of the BMPs and
517STAs, as they are implemented, in improving water quality and
518maintaining designated and existing beneficial uses of the
519Everglades Protection Area and tributary waters. As part of the
520program, the district shall monitor all discharges into the
521Everglades Protection Area for purposes of determining
522compliance with state water quality standards.
523     2.  The research and monitoring program shall evaluate the
524ecological and hydrological needs of the Everglades Protection
525Area, including the minimum flows and levels. Consistent with
526such needs, the program shall also evaluate water quality
527standards for the Everglades Protection Area and for the canals
528of the EAA, so that these canals can be classified in the manner
529set forth in paragraph (e) and protected as an integral part of
530the water management system which includes the STAs of the
531Everglades Construction Project and allows landowners in the EAA
532to achieve applicable water quality standards compliance by BMPs
533and STA treatment to the extent this treatment is available and
534effective.
535     3.  The research and monitoring program shall include
536research seeking to optimize the design and operation of the
537STAs, including research to reduce outflow concentrations, and
538to identify other treatment and management methods and
539regulatory programs that are superior to STAs in achieving the
540intent and purposes of this section.
541     4.  The research and monitoring program shall be conducted
542to allow the department to propose a phosphorus criterion in the
543Everglades Protection Area, and to evaluate existing state water
544quality standards applicable to the Everglades Protection Area
545and existing state water quality standards and classifications
546applicable to the EAA canals. In developing the phosphorus
547criterion, the department shall also consider the minimum flows
548and levels for the Everglades Protection Area and the district's
549water supply plans for the Lower East Coast.
550     5.  Beginning March 1, 2006, as part of the consolidated
551annual report required by s. 373.036(7) January 1, 2000, the
552district and the department shall annually issue a peer-reviewed
553report regarding the research and monitoring program that
554summarizes all data and findings. The department shall provide
555copies of the report to the Governor, the President of the
556Senate, and the Speaker of the House of Representatives. The
557report shall identify water quality parameters, in addition to
558phosphorus, which exceed state water quality standards or are
559causing or contributing to adverse impacts in the Everglades
560Protection Area.
561     6.  The district shall continue research seeking to
562optimize the design and operation of STAs and to identify other
563treatment and management methods that are superior to STAs in
564achieving optimum water quality and water quantity for the
565benefit of the Everglades. The district shall optimize the
566design and operation of the STAs described in the Everglades
567Construction Project prior to expanding their size. Additional
568methods to achieve compliance with water quality standards shall
569not be limited to more intensive management of the STAs.
570     (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part of
571the consolidated annual report required by s. 373.036(7) January
5721, 1992, the district shall report on submit to the department,
573the Governor, the Speaker of the House of Representatives, the
574Minority Leader of the House of Representatives, the President
575of the Senate, and the Minority Leader of the Senate annual
576progress reports regarding implementation of the section. The
577annual report will include a summary of the water conditions in
578the Everglades Protection Area, the status of the impacted
579areas, the status of the construction of the STAs, the
580implementation of the BMPs, and actions taken to monitor and
581control exotic species. The district must prepare the report in
582coordination with federal and state agencies.
583     (14)  EVERGLADES FUND.--The South Florida Water Management
584District is directed to separately account for all moneys used
585for the purpose of funding the Everglades Construction Project
586as part of the consolidated annual report required by s.
587373.036(7).
588     Section 13.  Subsection (3) of section 373.45926, Florida
589Statutes, is amended to read:
590     373.45926  Everglades Trust Fund; allocation of revenues
591and expenditure of funds for conservation and protection of
592natural resources and abatement of water pollution.--
593     (3)  The South Florida Water Management District shall
594furnish, as part of the consolidated annual report required by
595s. 373.036(7) on a quarterly basis, a detailed copy of its
596expenditures from the Everglades Trust Fund to the Governor, the
597President of the Senate, and the Speaker of the House of
598Representatives, and shall make copies available to the public.
599The information shall be provided in a format approved by the
600Joint Legislative Committee on Everglades Oversight. At the
601direction of the Joint Legislative Committee on Everglades
602Oversight, an audit may be made from time to time by the Auditor
603General, and such audit shall be within the authority of said
604Auditor General to make.
605     Section 14.  Paragraph (g) of subsection (3) of section
606373.4595, Florida Statutes, is amended to read:
607     373.4595  Lake Okeechobee Protection Program.--
608     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
609program for Lake Okeechobee that achieves phosphorus load
610reductions for Lake Okeechobee shall be immediately implemented
611as specified in this subsection. The program shall address the
612reduction of phosphorus loading to the lake from both internal
613and external sources. Phosphorus load reductions shall be
614achieved through a phased program of implementation. Initial
615implementation actions shall be technology-based, based upon a
616consideration of both the availability of appropriate technology
617and the cost of such technology, and shall include phosphorus
618reduction measures at both the source and the regional level.
619The initial phase of phosphorus load reductions shall be based
620upon the district's Technical Publication 81-2 and the
621district's WOD program, with subsequent phases of phosphorus
622load reductions based upon the total maximum daily loads
623established in accordance with s. 403.067. In the development
624and administration of the Lake Okeechobee Protection Program,
625the coordinating agencies shall maximize opportunities provided
626by federal cost-sharing programs and opportunities for
627partnerships with the private sector.
628     (g)  Annual progress report.--Each March January 1,
629beginning in 2006 2001, the district shall report on submit to
630the Governor, the President of the Senate, and the Speaker of
631the House of Representatives annual progress reports regarding
632implementation of this section as part of the consolidated
633annual report required in s. 373.036(7). The annual report shall
634include a summary of water quality and habitat conditions in
635Lake Okeechobee and the Lake Okeechobee watershed and the status
636of the Lake Okeechobee Construction Project. The district shall
637prepare the report in cooperation with the other coordinating
638agencies.
639     Section 15.  Subsection (7) of section 373.470, Florida
640Statutes, is amended to read:
641     373.470  Everglades restoration.--
642     (7)  ANNUAL REPORT.--To provide enhanced oversight of and
643accountability for the financial commitments established under
644this section and the progress made in the implementation of the
645comprehensive plan, the following information must be prepared
646annually as part of the consolidated annual report required by
647s. 373.036(7):
648     (a)  The district, in cooperation with the department,
649shall provide the following information as it relates to
650implementation of the comprehensive plan:
651     1.  An identification of funds, by source and amount,
652received by the state and by each local sponsor during the
653fiscal year.
654     2.  An itemization of expenditures, by source and amount,
655made by the state and by each local sponsor during the fiscal
656year.
657     3.  A description of the purpose for which the funds were
658expended.
659     4.  The unencumbered balance of funds remaining in trust
660funds or other accounts designated for implementation of the
661comprehensive plan.
662     5.  A schedule of anticipated expenditures for the next
663fiscal year.
664     (b)  The department shall prepare a detailed report on all
665funds expended by the state and credited toward the state's
666share of funding for implementation of the comprehensive plan.
667The report shall include:
668     1.  A description of all expenditures, by source and
669amount, from the Conservation and Recreation Lands Trust Fund,
670the Land Acquisition Trust Fund, the Preservation 2000 Trust
671Fund, the Florida Forever Trust Fund, the Save Our Everglades
672Trust Fund, and other named funds or accounts for the
673acquisition or construction of project components or other
674features or facilities that benefit the comprehensive plan.
675     2.  A description of the purposes for which the funds were
676expended.
677     3.  The unencumbered fiscal-year-end balance that remains
678in each trust fund or account identified in subparagraph 1.
679     (c)  The district, in cooperation with the department,
680shall provide a detailed report on progress made in the
681implementation of the comprehensive plan, including the status
682of all project components initiated after the effective date of
683this act or the date of the last report prepared under this
684subsection, whichever is later.
685
686The information required in paragraphs (a), (b), and (c) shall
687be provided as part of the consolidated annual report required
688by s. 373.036(7) annually in a single report to the Governor,
689the President of the Senate, and the Speaker of the House of
690Representatives, and copies of the report must be made available
691to the public. The initial report is due by November 30, 2000,
692and each annual report thereafter is due by March 1 January 31.
693     Section 16.  Paragraph (a) of subsection (6) of section
694373.536, Florida Statutes, is amended to read:
695     373.536  District budget and hearing thereon.--
696     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
697WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
698     (a)  Each district must, by the date specified for each
699item, furnish copies of the following documents to the Governor,
700the President of the Senate, the Speaker of the House of
701Representatives, the chairs of all legislative committees and
702subcommittees having substantive or fiscal jurisdiction over the
703districts, as determined by the President of the Senate or the
704Speaker of the House of Representatives as applicable, the
705secretary of the department, and the governing board of each
706county in which the district has jurisdiction or derives any
707funds for the operations of the district:
708     1.  The adopted budget, to be furnished within 10 days
709after its adoption.
710     2.  A financial audit of its accounts and records, to be
711furnished within 10 days after its acceptance by the governing
712board. The audit must be conducted in accordance with the
713provisions of s. 11.45 and the rules adopted thereunder. In
714addition to the entities named above, the district must provide
715a copy of the audit to the Auditor General within 10 days after
716its acceptance by the governing board.
717     3.  A 5-year capital improvements plan, to be included in
718the consolidated annual report required by s. 373.036(7)
719furnished within 45 days after the adoption of the final budget.
720The plan must include expected sources of revenue for planned
721improvements and must be prepared in a manner comparable to the
722fixed capital outlay format set forth in s. 216.043.
723     4.  A 5-year water resource development work program to be
724furnished within 30 45 days after the adoption of the final
725budget. The program must describe the district's implementation
726strategy for the water resource development component of each
727approved regional water supply plan developed or revised under
728s. 373.0361. The work program must address all the elements of
729the water resource development component in the district's
730approved regional water supply plans and must identify which
731projects in the work program will provide water, explain how
732each water resource development project will produce additional
733water available for consumptive uses, estimate the quantity of
734water to be produced by each project, and provide an assessment
735of the contribution of the district's regional water supply
736plans in providing sufficient water to meet the water supply
737needs of existing and future reasonable-beneficial uses for a 1-
738in-10-year drought event. Within 30 45 days after its submittal,
739the department shall review the proposed work program and submit
740its findings, questions, and comments to the district. The
741review must include a written evaluation of the program's
742consistency with the furtherance of the district's approved
743regional water supply plans, and the adequacy of proposed
744expenditures. As part of the review, the department shall give
745interested parties the opportunity to provide written comments
746on each district's proposed work program. Within 45 60 days
747after receipt of the department's evaluation, the governing
748board shall state in writing to the department which changes
749recommended in the evaluation it will incorporate into its work
750program submitted as part of the March 1 consolidated annual
751report required by s. 373.036(7) or specify the reasons for not
752incorporating the changes. The department shall include the
753district's responses in a final evaluation report and shall
754submit a copy of the report to the Governor, the President of
755the Senate, and the Speaker of the House of Representatives.
756     Section 17.  By February 1, 2006, the Department of
757Environmental Protection, after consultation with the five water
758management districts, shall recommend to the Governor, the
759President of the Senate, and the Speaker of the House of
760Representatives any additional changes to or consolidation of
761the existing planning and reporting requirements of chapter 373,
762Florida Statutes, that it deems appropriate to efficiently and
763effectively protect and utilize the state's water resources.
764     Section 18.  Section 373.0395, Florida Statutes, is
765repealed.
766     Section 19.  This act shall take effect July 1, 2005.


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