Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 392
Barcode 544118
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation and Conservation
12 (Saunders) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsections (1),(2), and (3) of section
19 373.4595, Florida Statutes, are amended to read:
20 373.4595 Northern Everglades and Estuaries Lake
21 Okeechobee Protection Program.--
22 (1) FINDINGS AND INTENT.--
23 (a) The Legislature finds that Lake Okeechobee is one
24 of the most important water resources of the state, providing
25 many functions benefiting the public interest, including
26 agricultural, public, and environmental water supply; flood
27 control; fishing; navigation and recreation; and habitat to
28 endangered and threatened species and other flora and fauna.
29 (b) The Legislature finds that the Caloosahatchee and
30 St. Lucie Rivers and their estuaries provide significant
31 economic value and natural habitat and biodiversity and are
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1 critical water resources of the state.
2 (c) The Legislature finds that the volume and
3 distribution of water in the northern Everglades ecosystem can
4 result in discharges to the estuaries of the Caloosahatchee
5 and St. Lucie Rivers, which can cause adverse impacts and that
6 excess flows affect seagrasses, oysters, and other living
7 resources, including fisheries, in both systems.
8 (d)(b) The Legislature finds that land uses in the
9 Northern Everglades Lake Okeechobee watershed and the
10 construction of the Central and Southern Florida Project have
11 resulted in adverse changes to the hydrology and water quality
12 of Lake Okeechobee and the Caloosahatchee and St. Lucie Rivers
13 and their estuaries. These hydrology and water quality changes
14 have resulted in algal blooms and other adverse impacts to
15 water quality both in Lake Okeechobee and in downstream
16 receiving waters.
17 (e)(c) The Legislature finds that improvement to the
18 hydrology and water quality within the of Lake Okeechobee
19 watershed and the Caloosahatchee and St. Lucie Rivers and
20 their estuaries is essential to the protection of the
21 Everglades.
22 (f)(d) The Legislature also finds that it is
23 imperative for the state, local governments, and agricultural
24 and environmental communities to commit to restoring and
25 protecting the Lake Okeechobee watershed and downstream
26 receiving waters, and that a watershed-based approach to
27 address these issues must be developed and implemented
28 immediately.
29 (g)(e) The Legislature finds that phosphorus loads
30 from the Lake Okeechobee watershed have contributed to
31 excessive nutrient phosphorus levels throughout the in Lake
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1 Okeechobee watershed and downstream receiving waters and that
2 a reduction in levels of nutrients phosphorus will benefit the
3 ecology of these systems. The excessive levels of phosphorus
4 have also resulted in an accumulation of phosphorus in the
5 sediments of Lake Okeechobee. If not removed, internal
6 phosphorus loads from the sediments are expected to delay
7 responses of the lake to external phosphorus reductions.
8 (h)(f) The Legislature finds that the Lake Okeechobee
9 phosphorus loads set forth in the South Florida Water
10 Management District's Technical Publication 81-2 represent an
11 appropriate basis for the initial phase of phosphorus load
12 reductions to Lake Okeechobee and that subsequent phases of
13 phosphorus load reductions shall be determined by the total
14 maximum daily loads established in accordance with s. 403.067
15 represent an appropriate basis for restoration.
16 (i) The Legislature finds that the Lake Okeechobee
17 Watershed Protection Plan and the Caloosahatchee and St. Lucie
18 Estuaries Protection Plans provide the technical foundation
19 for the department to develop Basin Management Action Plans as
20 needed to achieve the total maximum daily load requirements
21 pursuant to s. 403.067.
22 (j)(g) The Legislature finds that this section, in
23 conjunction with s. 403.067, including the implementation of
24 the detailed technical plan developed and approved pursuant to
25 subsections 373.4595(3) and 373.4595(5) and any related basin
26 management action plan developed and implemented pursuant to
27 s. 403.067(7)(a), provides a reasonable means of achieving and
28 maintaining compliance with state water quality standards.
29 (k) The Legislature finds that the expeditious
30 implementation of the Lake Okeechobee Watershed Protection
31 Plan and the Caloosahatchee and St. Lucie Estuaries Protection
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1 Plans are needed to improve the quality, quantity, timing and
2 distribution of water in the northern Everglades ecosystem.
3 (l)(h) The Legislature finds that the implementation
4 of the programs contained in this section is for the benefit
5 of the public health, safety, and welfare and is in the public
6 interest.
7 (m)(i) The Legislature finds that sufficient research
8 has been conducted and sufficient plans developed to
9 immediately initiate the first phase of a program to address
10 the hydrology and water quality problems in the Lake
11 Okeechobee watershed and the Caloosahatchee and St. Lucie
12 Rivers and their downstream receiving waters.
13 (n)(j) The Legislature finds that in order to achieve
14 the goals and objectives of this section and to effectively
15 implement the Lake Okeechobee Watershed Phosphorus Control
16 Program pursuant to paragraph (3)(c), the state must
17 expeditiously implement the Lake Okeechobee Watershed
18 Protection Plan developed pursuant to paragraph (3)(a).
19 (o)(k) The Legislature finds that a continuing source
20 of funding is needed to effectively implement a nutrient
21 phosphorus control program that initially targets the most
22 significant sources contributing to nutrient phosphorus loads
23 within the Lake Okeechobee watershed and the Caloosahatchee
24 and St. Lucie Rivers and their estuaries and continues to
25 address other sources as needed to achieve the phased nutrient
26 phosphorus load reductions required under this section.
27 (p)(l) It is the intent of the Legislature to achieve
28 and maintain compliance with water quality standards in the
29 Lake Okeechobee watershed and downstream receiving waters
30 through a phased, comprehensive, and innovative protection
31 program to reduce both internal and external phosphorus loads
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1 to Lake Okeechobee through immediate actions to achieve the
2 phosphorus load reductions set forth in Technical Publication
3 81-2 and long-term solutions based upon the total maximum
4 daily loads established in accordance with s. 403.067. This
5 program shall be watershed-based, shall provide for
6 consideration of all potential phosphorus sources, and shall
7 include research and monitoring, development and
8 implementation of best management practices, refinement of
9 existing regulations, and structural and nonstructural
10 projects, including public works.
11 (q)(m) It is the intent of the Legislature that this
12 section the Lake Okeechobee Protection Program be developed
13 and implemented in coordination with and, to the greatest
14 extent practicable, through the implementation of the
15 Comprehensive Everglades Restoration Plan Restudy project
16 components and other federal programs in order to maximize
17 opportunities for the most efficient and timely expenditures
18 of public funds.
19 (r)(n) It is the intent of the Legislature that the
20 coordinating agencies encourage and support the development of
21 creative public-private partnerships and programs, including
22 opportunities for pollutant trading and credits, to facilitate
23 or further the restoration of the Lake Okeechobee, watershed
24 and the Caloosahatchee and St. Lucie Rivers and their
25 estuaries, consistent with s. 403.067.
26 (2) DEFINITIONS.--As used in this section:
27 (a) "Best management practice" means a practice or
28 combination of practices determined by the coordinating
29 agencies, based on research, field-testing, and expert review,
30 to be the most effective and practicable on-location means,
31 including economic and technological considerations, for
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1 improving water quality in agricultural and urban discharges.
2 Best management practices for agricultural discharges shall
3 reflect a balance between water quality improvements and
4 agricultural productivity.
5 (b) "Coordinating agencies" means the Department of
6 Agriculture and Consumer Services, the Department of
7 Environmental Protection, and the South Florida Water
8 Management District.
9 (c) "Corps of Engineers" means the United States Army
10 Corps of Engineers.
11 (d) "Department" means the Department of Environmental
12 Protection.
13 (e) "District" means the South Florida Water
14 Management District.
15 (f) "District's WOD program" means the program
16 implemented pursuant to rules adopted as authorized by this
17 section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,
18 373.113, 373.118, 373.451, and 373.453, entitled "Works of the
19 District Basin."
20 (g) "Estuary" or "estuaries" means the Caloosahatchee
21 River and its tributaries and estuary or the St. Lucie River
22 and its tributaries and estuary or both rivers and their
23 tributaries and estuaries.
24 (h) "Estuary Protection Plans" means the
25 Caloosahatchee Estuary Protection Plan and the St. Lucie
26 Estuary Protection Plan developed pursuant to this section.
27 (i)(g) "Lake Okeechobee Watershed Construction
28 Project" means the construction project developed pursuant to
29 paragraph (3)(b).
30 (k)(h) "Lake Okeechobee Watershed Protection Plan"
31 means the plan developed pursuant to this section and ss.
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1 373.451-373.459.
2 (i) "Lake Okeechobee watershed" means Lake Okeechobee
3 and the area surrounding and tributary to Lake Okeechobee,
4 composed of the surrounding hydrologic basins, as defined by
5 the Lake Okeechobee Watershed Protection Plan dated January 1,
6 2004.
7 (l)(j) "Lake Okeechobee Watershed Phosphorus Control
8 Program" means the program developed pursuant to paragraph
9 (3)(c).
10 (m)(k) "Project component" means any structural or
11 operational change, resulting from the Restudy, to the Central
12 and Southern Florida Project as it existed and was operated as
13 of January 1, 1999.
14 (n)(l) "Restudy" means the Comprehensive Review Study
15 of the Central and Southern Florida Project, for which federal
16 participation was authorized by the Federal Water Resources
17 Development Acts of 1992 and 1996 together with related
18 Congressional resolutions and for which participation by the
19 South Florida Water Management District is authorized by s.
20 373.1501. The term includes all actions undertaken pursuant to
21 the aforementioned authorizations which will result in
22 recommendations for modifications or additions to the Central
23 and Southern Florida Project.
24 (o)(m) "Total maximum daily load" means the sum of the
25 individual wasteload allocations for point sources and the
26 load allocations for nonpoint sources and natural background.
27 Prior to determining individual wasteload allocations and load
28 allocations, the maximum amount of a pollutant that a water
29 body or water segment can assimilate from all sources without
30 exceeding water quality standards must first be calculated.
31 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A
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1 protection program for Lake Okeechobee that achieves
2 phosphorus load reductions for Lake Okeechobee shall be
3 immediately implemented as specified in this subsection. The
4 program shall address the reduction of phosphorus loading to
5 the lake from both internal and external sources. Phosphorus
6 load reductions shall be achieved through a phased program of
7 implementation. Initial implementation actions shall be
8 technology-based, based upon a consideration of both the
9 availability of appropriate technology and the cost of such
10 technology, and shall include phosphorus reduction measures at
11 both the source and the regional level. The initial phase of
12 phosphorus load reductions shall be based upon the district's
13 Technical Publication 81-2 and the district's WOD program,
14 with subsequent phases of phosphorus load reductions
15 Phosphorus reductions shall be based upon the total maximum
16 daily loads established in accordance with s. 403.067. In the
17 development and administration of the Lake Okeechobee
18 Watershed Protection Program, the coordinating agencies shall
19 maximize opportunities provided by federal cost-sharing
20 programs and opportunities for partnerships with the private
21 sector.
22 (a) Lake Okeechobee Watershed Protection Plan.--The
23 district, in cooperation with the other coordinating agencies,
24 shall complete a Lake Okeechobee Watershed Protection Plan in
25 accordance with this section and ss. 373.451-373.459. The plan
26 shall contain an implementation schedule for subsequent phases
27 of phosphorus load reduction consistent with the total maximum
28 daily loads established in accordance with s. 403.067. The
29 plan shall consider and build upon a review and analysis of
30 the following:
31 1. The performance of projects constructed during
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1 Phase I of the Lake Okeechobee Watershed Construction Project,
2 pursuant to paragraph (b).
3 2. Relevant information resulting from the Lake
4 Okeechobee Watershed Phosphorus Control Program, pursuant to
5 paragraph (c).
6 3. Relevant information resulting from the Lake
7 Okeechobee Watershed Research and Water Quality Monitoring
8 Program, pursuant to paragraph (d).
9 4. Relevant information resulting from the Lake
10 Okeechobee Exotic Species Control Program, pursuant to
11 paragraph (e).
12 5. Relevant information resulting from the Lake
13 Okeechobee Internal Phosphorus Management Program, pursuant to
14 paragraph (f).
15 (b) Lake Okeechobee Watershed Construction
16 Project.--To improve the hydrology and water quality of Lake
17 Okeechobee and downstream receiving waters, the district shall
18 design and construct the Lake Okeechobee Watershed
19 Construction Project.
20 1. Phase I.--Phase I of the Lake Okeechobee Watershed
21 Construction Project shall consist of a series of project
22 features consistent with the recommendations of the South
23 Florida Ecosystem Restoration Working Group's Lake Okeechobee
24 Action Plan. Priority basins for such projects include S-191,
25 S-154, and Pools D and E in the Lower Kissimmee River. In
26 order to obtain phosphorus load reductions to Lake Okeechobee
27 as soon as possible, the following actions shall be
28 implemented:
29 a. The district shall serve as a full partner with the
30 Corps of Engineers in the design and construction of the
31 Grassy Island Ranch and New Palm Dairy stormwater treatment
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1 facilities as components of the Lake Okeechobee Water
2 Retention/Phosphorus Removal Critical Project. The Corps of
3 Engineers shall have the lead in design and construction of
4 these facilities. Should delays be encountered in the
5 implementation of either of these facilities, the district
6 shall notify the department and recommend corrective actions.
7 b. The district shall obtain permits and complete
8 construction of two of the isolated wetland restoration
9 projects that are part of the Lake Okeechobee Water
10 Retention/Phosphorus Removal Critical Project. The additional
11 isolated wetland projects included in this critical project
12 shall further reduce phosphorus loading to Lake Okeechobee.
13 c. The district shall work with the Corps of Engineers
14 to expedite initiation of the design process for the Taylor
15 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
16 Area, a project component of the Restudy. The district shall
17 propose to the Corps of Engineers that the district take the
18 lead in the design and construction of the Reservoir Assisted
19 Stormwater Treatment Area and receive credit towards the local
20 share of the total cost of the Restudy.
21 2. Phase II.--By February 1, 2008 the district, in
22 cooperation with the other coordinating agencies and the Corps
23 of Engineers, shall develop a technical an implementation plan
24 for Phase II of the Lake Okeechobee Watershed Construction
25 Project. Phase II shall include a detailed technical plan for
26 the achievement of water quality standards and for the
27 improvement of the quality, quantity, timing, and distribution
28 of water in the northern Everglades ecosystem, including the
29 Lake Okeechobee watershed and the estuaries. Phase II shall
30 include construction of additional facilities in the priority
31 basins identified in subparagraph (b)1., as well as facilities
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1 for other basins in the Lake Okeechobee watershed. This
2 detailed technical plan will require legislative approval
3 pursuant to paragraph (h) of this section. The technical
4 implementation plan shall:
5 a. Identify Lake Okeechobee Watershed Construction
6 Project facilities designed to achieve all applicable total
7 maximum daily loads established pursuant to s. 403.067 within
8 the Lake Okeechobee Watershed be constructed to achieve a
9 design objective of 40 parts per billion (ppb) for phosphorus
10 measured as a long-term flow weighted average concentration,
11 unless an allocation has been established pursuant to s.
12 403.067 for the Lake Okeechobee total maximum daily load.
13 b. Identify the size and location of all such Lake
14 Okeechobee Watershed Construction Project facilities.
15 c. Provide a construction schedule for all such Lake
16 Okeechobee Watershed Construction Project facilities,
17 including the sequencing and specific timeframe for
18 construction of each Lake Okeechobee Watershed Construction
19 Project facility.
20 d. Provide a land acquisition schedule for lands
21 necessary to achieve the construction schedule.
22 e. Provide a detailed schedule of costs associated
23 with the construction schedule.
24 f. Identify, to the maximum extent practicable,
25 impacts on wetlands and state-listed species expected to be
26 associated with construction of such facilities, including
27 potential alternatives to minimize and mitigate such impacts,
28 as appropriate.
29 g. Provide for additional measures to maximize water
30 storage in the basin to reduce excess water levels in Lake
31 Okeechobee and to reduce excess discharges to the estuaries.
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1 h. Provide for additional source controls needed to
2 enhance performance of the Lake Okeechobee Watershed
3 Construction Project facilities. Such additional source
4 controls shall be incorporated into the Lake Okeechobee
5 Watershed Phosphorus Control Program pursuant to paragraph (c)
6 of this section.
7 3. Evaluation.--By January 1, 2004, and every 3 years
8 thereafter, the district, in cooperation with the coordinating
9 agencies, shall conduct an evaluation of any further
10 phosphorus load reductions necessary to achieve compliance
11 with all the Lake Okeechobee watershed total maximum daily
12 loads established pursuant to s. 403.067. Additionally, the
13 district shall identify modifications to facilities of the
14 Lake Okeechobee Watershed Construction Project as appropriate
15 if the total maximum daily loads are not being met if the
16 design objective of 40 parts per billion (ppb) or the
17 allocation established pursuant to s. 403.067 for the Lake
18 Okeechobee total maximum daily load established pursuant to s.
19 403.067 is not being met. The evaluation shall be included in
20 the applicable annual progress report submitted pursuant to
21 paragraph (i)(h).
22 4. Coordination and review.--To ensure the timely
23 implementation of the Lake Okeechobee Watershed Construction
24 Project, the design of project facilities shall be coordinated
25 with the department and other interested parties to the
26 maximum extent practicable. Lake Okeechobee Watershed
27 Construction Project facilities shall be reviewed and
28 commented upon by the department prior to the execution of a
29 construction contract by the district for that facility.
30 (c) Lake Okeechobee Watershed Phosphorus Control
31 Program.--The Lake Okeechobee Watershed Phosphorus Control
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1 Program is designed to be a multifaceted approach to reducing
2 phosphorus loads by improving the management of phosphorus
3 sources within the Lake Okeechobee watershed through continued
4 implementation of existing regulations and best management
5 practices, development and implementation of improved best
6 management practices, improvement and restoration of the
7 hydrologic function of natural and managed systems, and
8 utilization of alternative technologies for nutrient
9 reduction. The coordinating agencies shall facilitate the
10 application of federal programs that offer opportunities for
11 water quality treatment, including preservation, restoration,
12 or creation of wetlands on agricultural lands.
13 1. Agricultural nonpoint source best management
14 practices, developed in accordance with s. 403.067 and
15 designed to achieve the objectives of the Lake Okeechobee
16 Watershed Protection Program, shall be implemented on an
17 expedited basis. The coordinating agencies shall develop an
18 interagency agreement pursuant to ss. 373.046 and 373.406(5)
19 that assures the development of best management practices that
20 complement existing regulatory programs and specifies how
21 those best management practices are implemented and verified.
22 The interagency agreement shall address measures to be taken
23 by the coordinating agencies during any best management
24 practice reevaluation performed pursuant to sub-subparagraph
25 d. The department shall use best professional judgment in
26 making the initial determination of best management practice
27 effectiveness.
28 a. As provided in s. 403.067(7)(c), the Department of
29 Agriculture and Consumer Services, in consultation with the
30 department, the district, and affected parties, shall initiate
31 rule development for interim measures, best management
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1 practices, conservation plans, nutrient management plans, or
2 other measures necessary for Lake Okeechobee phosphorus load
3 reduction. The rule shall include thresholds for requiring
4 conservation and nutrient management plans and criteria for
5 the contents of such plans. Development of agricultural
6 nonpoint source best management practices shall initially
7 focus on those priority basins listed in subparagraph (b)1.
8 The Department of Agriculture and Consumer Services, in
9 consultation with the department, the district, and affected
10 parties, shall conduct an ongoing program for improvement of
11 existing and development of new interim measures or best
12 management practices for the purpose of adoption of such
13 practices by rule.
14 b. Where agricultural nonpoint source best management
15 practices or interim measures have been adopted by rule of the
16 Department of Agriculture and Consumer Services, the owner or
17 operator of an agricultural nonpoint source addressed by such
18 rule shall either implement interim measures or best
19 management practices or demonstrate compliance with the
20 district's WOD program by conducting monitoring prescribed by
21 the department or the district. Owners or operators of
22 agricultural nonpoint sources who implement interim measures
23 or best management practices adopted by rule of the Department
24 of Agriculture and Consumer Services shall be subject to the
25 provisions of s. 403.067(7). The Department of Agriculture and
26 Consumer Services, in cooperation with the department and the
27 district, shall provide technical and financial assistance for
28 implementation of agricultural best management practices,
29 subject to the availability of funds.
30 c. The district or department shall conduct monitoring
31 at representative sites to verify the effectiveness of
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1 agricultural nonpoint source best management practices.
2 d. Where water quality problems are detected for
3 agricultural nonpoint sources despite the appropriate
4 implementation of adopted best management practices, the
5 Department of Agriculture and Consumer Services, in
6 consultation with the other coordinating agencies and affected
7 parties, shall institute a reevaluation of the best management
8 practices and make appropriate changes to the rule adopting
9 best management practices.
10 2. Nonagricultural nonpoint source best management
11 practices, developed in accordance with s. 403.067 and
12 designed to achieve the objectives of the Lake Okeechobee
13 Watershed Protection Program, shall be implemented on an
14 expedited basis. The department and the district shall develop
15 an interagency agreement pursuant to ss. 373.046 and
16 373.406(5) that assures the development of best management
17 practices that complement existing regulatory programs and
18 specifies how those best management practices are implemented
19 and verified. The interagency agreement shall address measures
20 to be taken by the department and the district during any best
21 management practice reevaluation performed pursuant to
22 sub-subparagraph d.
23 a. The department and the district are directed to
24 work with the University of Florida's Institute of Food and
25 Agricultural Sciences to develop appropriate nutrient
26 application rates for all nonagricultural soil amendments in
27 the watershed. As provided in s. 403.067(7)(c), the
28 department, in consultation with the district and affected
29 parties, shall develop interim measures, best management
30 practices, or other measures necessary for Lake Okeechobee
31 phosphorus load reduction. Development of nonagricultural
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1 nonpoint source best management practices shall initially
2 focus on those priority basins listed in subparagraph (b)1.
3 The department, the district, and affected parties shall
4 conduct an ongoing program for improvement of existing and
5 development of new interim measures or best management
6 practices. The district shall adopt technology-based standards
7 under the district's WOD program for nonagricultural nonpoint
8 sources of phosphorus.
9 b. Where nonagricultural nonpoint source best
10 management practices or interim measures have been developed
11 by the department and adopted by the district, the owner or
12 operator of a nonagricultural nonpoint source shall implement
13 interim measures or best management practices and be subject
14 to the provisions of s. 403.067(7). The department and
15 district shall provide technical and financial assistance for
16 implementation of nonagricultural nonpoint source best
17 management practices, subject to the availability of funds.
18 c. The district or the department shall conduct
19 monitoring at representative sites to verify the effectiveness
20 of nonagricultural nonpoint source best management practices.
21 d. Where water quality problems are detected for
22 nonagricultural nonpoint sources despite the appropriate
23 implementation of adopted best management practices, the
24 department and the district shall institute a reevaluation of
25 the best management practices.
26 3. The provisions of subparagraphs 1. and 2. shall not
27 preclude the department or the district from requiring
28 compliance with water quality standards or with current best
29 management practices requirements set forth in any applicable
30 regulatory program authorized by law for the purpose of
31 protecting water quality. Additionally, subparagraphs 1. and
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1 2. are applicable only to the extent that they do not conflict
2 with any rules promulgated by the department that are
3 necessary to maintain a federally delegated or approved
4 program.
5 4. Projects which reduce the phosphorus load
6 originating from domestic wastewater systems within the Lake
7 Okeechobee watershed shall be given funding priority in the
8 department's revolving loan program under s. 403.1835. The
9 department shall coordinate and provide assistance to those
10 local governments seeking financial assistance for such
11 priority projects.
12 5. Projects that make use of private lands, or lands
13 held in trust for Indian tribes, to reduce nutrient loadings
14 or concentrations within a basin by one or more of the
15 following methods: restoring the natural hydrology of the
16 basin, restoring wildlife habitat or impacted wetlands,
17 reducing peak flows after storm events, increasing aquifer
18 recharge, or protecting range and timberland from conversion
19 to development, are eligible for grants available under this
20 section from the coordinating agencies. For projects of
21 otherwise equal priority, special funding priority will be
22 given to those projects that make best use of the methods
23 outlined above that involve public-private partnerships or
24 that obtain federal match money. Preference ranking above the
25 special funding priority will be given to projects located in
26 a rural area of critical economic concern designated by the
27 Governor. Grant applications may be submitted by any person or
28 tribal entity, and eligible projects may include, but are not
29 limited to, the purchase of conservation and flowage
30 easements, hydrologic restoration of wetlands, creating
31 treatment wetlands, development of a management plan for
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1 natural resources, and financial support to implement a
2 management plan.
3 6.a. The department shall require all entities
4 disposing of domestic wastewater residuals within the Lake
5 Okeechobee watershed and the remaining areas of Okeechobee,
6 Glades, and Hendry Counties to develop and submit to the
7 department an agricultural use plan that limits applications
8 based upon phosphorus loading. By July 1, 2005, phosphorus
9 concentrations originating from these application sites shall
10 not exceed the limits established in the district's WOD
11 program.
12 b. Private and government-owned utilities within
13 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
14 River, Okeechobee, Highlands, Hendry, and Glades Counties that
15 dispose of wastewater residual sludge from utility operations
16 and septic removal by land spreading in the Lake Okeechobee
17 watershed may use a line item on local sewer rates to cover
18 wastewater residual treatment and disposal if such disposal
19 and treatment is done by approved alternative treatment
20 methodology at a facility located within the areas designated
21 by the Governor as rural areas of critical economic concern
22 pursuant to s. 288.0656. This additional line item is an
23 environmental protection disposal fee above the present sewer
24 rate and shall not be considered a part of the present sewer
25 rate to customers, notwithstanding provisions to the contrary
26 in chapter 367. The fee shall be established by the county
27 commission or its designated assignee in the county in which
28 the alternative method treatment facility is located. The fee
29 shall be calculated to be no higher than that necessary to
30 recover the facility's prudent cost of providing the service.
31 Upon request by an affected county commission, the Florida
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1 Public Service Commission will provide assistance in
2 establishing the fee. Further, for utilities and utility
3 authorities that use the additional line item environmental
4 protection disposal fee, such fee shall not be considered a
5 rate increase under the rules of the Public Service Commission
6 and shall be exempt from such rules. Utilities using the
7 provisions of this section may immediately include in their
8 sewer invoicing the new environmental protection disposal fee.
9 Proceeds from this environmental protection disposal fee shall
10 be used for treatment and disposal of wastewater residuals,
11 including any treatment technology that helps reduce the
12 volume of residuals that require final disposal, but such
13 proceeds shall not be used for transportation or shipment
14 costs for disposal or any costs relating to the land
15 application of residuals in the Lake Okeechobee watershed.
16 c. No less frequently than once every 3 years, the
17 Florida Public Service Commission or the county commission
18 through the services of an independent auditor shall perform a
19 financial audit of all facilities receiving compensation from
20 an environmental protection disposal fee. The Florida Public
21 Service Commission or the county commission through the
22 services of an independent auditor shall also perform an audit
23 of the methodology used in establishing the environmental
24 protection disposal fee. The Florida Public Service Commission
25 or the county commission shall, within 120 days after
26 completion of an audit, file the audit report with the
27 President of the Senate and the Speaker of the House of
28 Representatives and shall provide copies to the county
29 commissions of the counties set forth in sub-subparagraph b.
30 The books and records of any facilities receiving compensation
31 from an environmental protection disposal fee shall be open to
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1 the Florida Public Service Commission and the Auditor General
2 for review upon request.
3 7. The Department of Health shall require all entities
4 disposing of septage within the Lake Okeechobee watershed and
5 the remaining areas of Okeechobee, Glades, and Hendry Counties
6 to develop and submit to that agency an agricultural use plan
7 that limits applications based upon phosphorus loading. By
8 July 1, 2005, phosphorus concentrations originating from these
9 application sites shall not exceed the limits established in
10 the district's WOD program.
11 8. The Department of Agriculture and Consumer Services
12 shall initiate rulemaking requiring entities within the Lake
13 Okeechobee watershed and the estuaries the remaining areas of
14 Okeechobee, Glades, and Hendry Counties which land-apply
15 animal manure to develop conservation or nutrient management
16 plans that limit application, based upon nutrient phosphorus
17 loading. Such rules may include criteria and thresholds for
18 the requirement to develop a conservation or nutrient
19 management plan, requirements for plan approval, and
20 recordkeeping requirements.
21 9. Prior to authorizing a discharge into works of the
22 district, the district shall require responsible parties to
23 demonstrate that proposed changes in land use will not result
24 in increased phosphorus loading over that of existing land
25 uses.
26 10. The district, the department, or the Department of
27 Agriculture and Consumer Services, as appropriate, shall
28 implement those alternative nutrient reduction technologies
29 determined to be feasible pursuant to subparagraph (d)6.
30 (d) Lake Okeechobee Watershed Research and Water
31 Quality Monitoring Program.--The district, in cooperation with
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1 the other coordinating agencies, shall establish a Lake
2 Okeechobee Watershed Research and Water Quality Monitoring
3 Program that builds upon the district's existing Lake
4 Okeechobee research program. The program shall:
5 1. Evaluate all available existing water quality data
6 concerning total phosphorus in the Lake Okeechobee watershed,
7 develop a water quality baseline to represent existing
8 conditions for total phosphorus, monitor long-term ecological
9 changes, including water quality for total phosphorus, and
10 measure compliance with water quality standards for total
11 phosphorus, including any applicable the total maximum daily
12 load for the Lake Okeechobee watershed as established pursuant
13 to s. 403.067. The district shall also implement a total
14 phosphorus monitoring program at all inflow structures owned
15 or operated by the South Florida Water Management District and
16 within the to Lake Okeechobee watershed.
17 2. Develop a Lake Okeechobee water quality model that
18 reasonably represents phosphorus dynamics of the lake and
19 incorporates an uncertainty analysis associated with model
20 predictions.
21 3. Determine the relative contribution of phosphorus
22 from all identifiable sources and all primary and secondary
23 land uses.
24 4. Conduct an assessment of the sources of phosphorus
25 from the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga,
26 and their relative contribution to the water quality of Lake
27 Okeechobee. The results of this assessment shall be used by
28 the coordinating agencies to develop interim measures, best
29 management practices, or regulation, as applicable.
30 5. Assess current water management practices within
31 the Lake Okeechobee watershed and develop recommendations for
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1 structural and operational improvements. Such recommendations
2 shall balance water supply, flood control, estuarine salinity,
3 maintenance of a healthy lake littoral zone, and water quality
4 considerations.
5 6. Evaluate the feasibility of alternative nutrient
6 reduction technologies, including sediment traps, canal and
7 ditch maintenance, fish production or other aquaculture,
8 bioenergy conversion processes, and algal or other biological
9 treatment technologies.
10 (e) Lake Okeechobee Exotic Species Control
11 Program.--The coordinating agencies shall identify the exotic
12 species that threaten the native flora and fauna within the
13 Lake Okeechobee watershed and develop and implement measures
14 to protect the native flora and fauna.
15 (f) Lake Okeechobee Internal Phosphorus Management
16 Program.--The district, in cooperation with the other
17 coordinating agencies and interested parties, shall complete a
18 Lake Okeechobee internal phosphorus load removal feasibility
19 study. The feasibility study shall be based on technical
20 feasibility, as well as economic considerations, and address
21 all reasonable methods of phosphorus removal. If methods are
22 found to be feasible, the district shall immediately pursue
23 the design, funding, and permitting for implementing such
24 methods.
25 (g) Lake Okeechobee Watershed Protection Plan
26 implementation.--The coordinating agencies shall be jointly
27 responsible for implementing the Lake Okeechobee Watershed
28 Protection Plan, consistent with the statutory authority and
29 responsibility of each agency. Annual funding priorities shall
30 be jointly established, and the highest priority shall be
31 assigned to programs and projects that address phosphorus
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1 sources that have the highest relative contribution to
2 phosphorus loading and the greatest potential for phosphorus
3 reduction. In determining funding priorities, the coordinating
4 agencies shall also consider the need for regulatory
5 compliance, the extent to which the program or project is
6 ready to proceed, and the availability of federal matching
7 funds or other nonstate funding, including public-private
8 partnerships. Federal and other nonstate funding shall be
9 maximized to the greatest extent practicable.
10 (h) Legislative approval--The coordinating agencies
11 shall submit the Phase II technical plan developed pursuant to
12 paragraph (b) of this section to the President of the Senate
13 and the Speaker of the House of Representatives prior to the
14 2008 Legislative session for review. If the Legislature takes
15 no action on the plan during the 2008-089islative Session, the
16 plan is deemed approved and may be implemented.
17 (i)(h) Annual progress report.--Each March 1,
18 beginning in 2006, the district shall report on implementation
19 of this section as part of the consolidated annual report
20 required in s. 373.036(7). The annual report shall include a
21 summary of water quality and habitat conditions in Lake
22 Okeechobee and the Lake Okeechobee watershed and the status of
23 the Lake Okeechobee Watershed Construction Project. The
24 district shall prepare the report in cooperation with the
25 other coordinating agencies.
26 Section 2. Subsections (5),(6),(7),(8), and (9) of
27 section 373.4595, Florida Statutes, are renumbered as
28 subsections (7),(8),(9),(10), and (11), respectively, and new
29 subsections (5) and (6) are added to said section, to read:
30 373.4595 Lake Okeechobee Protection Program.--
31 (5) CALOOSAHATCHEE AND ST. LUCIE RIVER AND ESTUARY
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1 PROTECTION PROGRAM.--A protection program for the estuaries
2 shall be developed and implemented as specified in this
3 subsection. The program shall address the reduction of
4 pollutant loadings to the estuaries, restoration of natural
5 hydrology, and compliance with applicable state water quality
6 standards. The program shall be achieved through a phased
7 program of implementation. In addition, pollutant load
8 reductions based upon adopted total maximum daily loads
9 established in accordance with s. 403.067 shall serve as a
10 program objective. In the development and administration of
11 the program, the coordinating agencies shall maximize
12 opportunities provided by federal and local government
13 cost-sharing programs and opportunities for partnerships with
14 the private sector and local governments.
15 (a) Caloosahatchee Estuary Protection Plan.--No later
16 than January 1, 2009, the district, in cooperation with the
17 other coordinating agencies, Lee County, Hendry County and
18 other affected local governments, shall complete an Estuary
19 Protection Plan in accordance with this subsection. The plan
20 shall contain an implementation schedule for pollutant load
21 reductions consistent with any adopted total maximum daily
22 loads and compliance with applicable state water quality
23 standards. The Caloosahatchee Estuary protection Plan shall
24 include:
25 1. Caloosahatchee Estuary Construction Project.--To
26 improve the hydrology, water quality, and habitats within the
27 estuaries, the district shall, no later than January 1, 2012,
28 plan, design, and construct the initial phase of estuary
29 construction projects. In doing so, the district shall:
30 a. Develop and designate the Estuary Construction
31 Project facilities to be constructed to achieve stated goals
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1 and objectives of the Caloosahatchee Estuary Protection Plan.
2 b. Identify the size and location of all such
3 Caloosahatchee Estuary Construction Project facilities.
4 c. Provide a construction schedule for all such
5 Estuary Construction Project facilities, including the
6 sequencing and specific timeframe for construction of each
7 Caloosahatchee Estuary Construction Project facility.
8 d. Provide a schedule for the acquisition of lands or
9 sufficient interests necessary to achieve the construction
10 schedule.
11 e. Provide a schedule of costs and benefits associated
12 with each construction project and identify funding sources.
13 f. To ensure the timely implementation of the Estuary
14 Construction Project, the design, scheduling and sequencing of
15 project facilities shall be coordinated with the coordinating
16 agencies, Lee County, Hendry County, other interested parties,
17 and other affected local governments.
18 2. Caloosahatchee Estuary Watershed Pollutant Control
19 Program.--The Caloosahatchee Estuary Watershed Pollutant
20 Control Program is designed to be a multifaceted approach to
21 reducing pollutant loads by improving the management of
22 pollutant sources within the estuary watersheds through
23 continued implementation of existing regulations and best
24 management practices, development and implementation of
25 improved best management practices, improvement and
26 restoration of the hydrologic function of natural and managed
27 systems, and utilization of alternative technologies for
28 pollutant reduction. The coordinating agencies shall
29 facilitate the utilization of federal programs that offer
30 opportunities for water quality treatment, including
31 preservation, restoration, or creation of wetlands on
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1 agricultural lands.
2 a. Nonpoint source best management practices, designed
3 to achieve the objectives of the Estuary Protection Program,
4 shall be implemented on an expedited basis. The coordinating
5 agencies shall develop an intergovernmental agreement that
6 ensures the development of best management practices that
7 complement existing regulatory programs and specifies how such
8 best management practices are implemented and verified. The
9 coordinating agencies may enter into intergovernmental
10 agreements with local governments. The coordinating agencies
11 shall develop an intergovernmental agreement with Lee County
12 to implement this subsection within their respective
13 geographic boundaries.
14 b. Nothing in this subsection precludes the department
15 or the district from requiring compliance with water quality
16 standards, adopted total maximum daily loads, or current best
17 management practices requirements set forth in any applicable
18 regulatory program authorized by law for the purpose of
19 protecting water quality. This subsection is applicable only
20 to the extent that it does not conflict with any rules
21 promulgated by the department or district that are necessary
22 to maintain a federally delegated or approved program.
23 c. Projects that make use of private lands, or lands
24 held in trust for Indian tribes, to reduce pollutant loadings
25 or concentrations within a basin, or that reduce the volume of
26 harmful discharges from Lake Okeechobee or the estuary
27 watersheds, by one or more of the following methods:
28 restoring the natural hydrology of the basin, restoring
29 wildlife habitat or impacted wetlands, reducing peak flows
30 after storm events, or increasing aquifer recharge, are
31 eligible for grants available under this section from the
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1 coordinating agencies.
2 d. Assess current water management practices within
3 the estuary watersheds and develop recommendations for
4 structural, nonstructural, and operational improvements. Such
5 recommendations shall consider and balance water supply, flood
6 control, estuarine salinity, estuarine habitat, and water
7 quality considerations.
8 (b) St. Lucie Estuary Protection Plan.--No later than
9 January 1, 2009 the district, in cooperation with the other
10 coordinating agencies, Martin County, St. Lucie County, and
11 other affected local governments, shall complete an Estuary
12 Protection Plan in accordance with this subsection. The plan
13 shall contain an implementation schedule for pollutant load
14 reductions consistent with any adopted total maximum daily
15 loads and compliance with applicable state water quality
16 standards. The St. Lucie Estuary Protection Plan shall
17 include:
18 1. St. Lucie Estuary Construction Project.--To improve
19 the hydrology, water quality, and habitats within the
20 estuaries, the district shall, no later than January 1, 2012,
21 plan, design, and construct the initial phase of estuary
22 construction projects. In doing so, the district shall;
23 a. Develop and designate the Estuary Construction
24 Project facilities to be constructed to achieve stated goals
25 and objectives of the St. Lucie Estuary Protection Plan.
26 b. Identify the size and location of all such St.
27 Lucie Estuary Construction Project facilities.
28 c. Provide a construction schedule for all such
29 Estuary Construction Project facilities, including the
30 sequencing and specific timeframe for construction of each St.
31 Lucie Estuary Construction Project facility.
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1 d. Provide a schedule for the acquisition of lands or
2 sufficient interests necessary to achieve the construction
3 schedule.
4 e. Provide a schedule of costs and benefits associated
5 with each construction project and identify funding sources.
6 f. To ensure the timely implementation of the Estuary
7 Construction Project, the design, scheduling and sequencing of
8 project facilities shall be coordinated with the coordinating
9 agencies, Martin County, St. Lucie County, other interested
10 parties, and other affected local governments.
11 2. St. Lucie Estuary Watershed Pollutant Control
12 Program.--The St. Lucie Estuary Watershed Pollutant Control
13 Program is designed to be a multifaceted approach to reducing
14 pollutant loads by improving the management of pollutant
15 sources within the estuary watersheds through continued
16 implementation of existing regulations and best management
17 practices, development and implementation of improved best
18 management practices, improvement and restoration of the
19 hydrologic function of natural and managed systems, and
20 utilization of alternative technologies for pollutant
21 reduction. The coordinating agencies shall facilitate the
22 utilization of federal programs that offer opportunities for
23 water quality treatment, including preservation, restoration,
24 or creation of wetlands on agricultural lands.
25 a. Nonpoint source best management practices, designed
26 to achieve the objectives of the St. Lucie Estuary Protection
27 Program, shall be implemented on an expedited basis. The
28 coordinating agencies shall develop an intergovernmental
29 agreement that ensures the development of best management
30 practices that complement existing regulatory programs and
31 specifies how such best management practices are implemented
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1 and verified. The coordinating agencies may enter into
2 intergovernmental agreements with local governments. The
3 coordinating agencies shall develop an intergovernmental
4 agreement with Martin County to implement this subsection
5 within their respective geographic boundaries.
6 b. Nothing in this subsection precludes the department
7 or the district from requiring compliance with water quality
8 standards, adopted total maximum daily loads, or current best
9 management practices requirements set forth in any applicable
10 regulatory program authorized by law for the purpose of
11 protecting water quality. This subsection is applicable only
12 to the extent that it does not conflict with any rules
13 promulgated by the department or district that are necessary
14 to maintain a federally delegated or approved program.
15 c. Projects that make use of private lands, or lands
16 held in trust for Indian tribes, to reduce pollutant loadings
17 or concentrations within a basin, or that reduce the volume of
18 harmful discharges from Lake Okeechobee or the estuary
19 watersheds, by one or more of the following methods:
20 restoring the natural hydrology of the basin, restoring
21 wildlife habitat or impacted wetlands, reducing peak flows
22 after storm events, or increasing aquifer recharge, are
23 eligible for grants available under this section from the
24 coordinating agencies.
25 d. Assess current water management practices within
26 the estuary watersheds and develop recommendations for
27 structural, nonstructural, and operational improvements. Such
28 recommendations shall consider and balance water supply, flood
29 control, estuarine salinity, estuarine habitat, and water
30 quality considerations.
31 (c) Estuary Protection Plan implementation.--The
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1 coordinating agencies shall be jointly responsible for
2 implementing the Caloosahatchee and St. Lucie Estuary
3 Protection Plans, consistent with the statutory authority and
4 responsibility of each agency. Annual funding priorities
5 shall be jointly established, and the highest priority shall
6 be assigned to programs and projects that have the greatest
7 potential for achieving the goals and objectives of the plan.
8 In determining funding priorities, the coordinating agencies
9 shall also consider the need for regulatory compliance, the
10 extent to which the program or project is ready to proceed,
11 and the availability of federal or local government matching
12 funds. Federal and other non-state funding shall be maximized
13 to the greatest extent practicable.
14 (d) Legislative approval.--The coordinating agencies
15 shall submit the Caloosahatchee and St. Lucie Estuary
16 Protection Plans, developed pursuant to paragraphs (a) and (b)
17 of this section to the President of the Senate, and the
18 Speaker of the House of Representatives prior to the 2009
19 Legislative Session for review. If the Legislature takes no
20 action on the plan during the 2009 Legislative Session, the
21 plan is deemed approved and may be implemented.
22 (6) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS AND
23 DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.--Upon
24 legislative approval of the Phase II technical plan developed
25 pursuant to paragraph (3)(b) and the Estuary Protection Plans
26 developed pursuant to paragraphs (5)(a) and (b), the
27 department shall initiate development of basin management
28 action plans as provided in s. 403.067(7)(a) as follows:
29 (a) Basin management action plans shall be developed
30 as determined necessary by the department to achieve the total
31 maximum daily loads established for the Lake Okeechobee
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1 watershed and the estuaries.
2 (b) The Phase II technical plan developed pursuant to
3 paragraph (3)(b), and the Estuary Protection Plans developed
4 pursuant to paragraphs (5)(a) and (b), shall provide the basis
5 for basin management action plans developed by the department.
6 (c) As determined necessary by the department in order
7 to achieve the total maximum daily loads, additional or
8 modified projects or programs which complement those in the
9 legislatively approved plans may be included during the
10 development of the basin management action plan.
11 (d) Development of basin management action plans which
12 implement the provisions of the legislatively approved plans
13 shall be initiated by the department no later than September
14 30 of the year in which the applicable plan is approved.
15 Where a total maximum daily load has not been established at
16 the time of plan approval, development of basin management
17 action plans shall be initiated no later than 90 days
18 following adoption of the applicable total maximum daily load.
19 Section 3. Subsection (8) of section 373.4595, Florida
20 Statutes, is amended to read:
21 373.4595 Lake Okeechobee Protection Program.--
22 (8) RELATIONSHIP TO STATE WATER QUALITY
23 STANDARDS.--Nothing in this section shall be construed to
24 modify any existing state water quality standard or to modify
25 the provisions of ss. 403.067(6) and (7)(a).
26 Section 4. Subsection (8) of section 373.026, Florida
27 Statutes, is amended to read:
28 373.026 General powers and duties of the
29 department.--The department, or its successor agency, shall be
30 responsible for the administration of this chapter at the
31 state level. However, it is the policy of the state that, to
31
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1 the greatest extent possible, the department may enter into
2 interagency or interlocal agreements with any other state
3 agency, any water management district, or any local government
4 conducting programs related to or materially affecting the
5 water resources of the state. All such agreements shall be
6 subject to the provisions of s. 373.046. In addition to its
7 other powers and duties, the department shall, to the greatest
8 extent possible:
9 (8)(a) Provide such coordination, cooperation, or
10 approval necessary to the effectuation of any plan or project
11 of the Federal Government in connection with or concerning the
12 waters in the state. Unless otherwise provided by state or
13 federal law, the department shall, subject to confirmation by
14 the Legislature, have the power to approve or disapprove such
15 federal plans or projects on behalf of the state. If such plan
16 or project is for a coastal inlet, the department shall first
17 determine the impact of the plan or project on the sandy
18 beaches in the state. If the department determines that the
19 plan will have a significant adverse impact on the sandy
20 beaches, the department may not approve the plan or project
21 unless it is revised to mitigate those impacts.
22 (b) To ensure to the greatest extent possible that
23 project components will go forward as planned, the department
24 shall collaborate with the South Florida Water Management
25 District in implementing the comprehensive plan as defined in
26 s. 373.470(2)(a), the Lake Okeechobee Watershed Protection
27 Plan as defined in s. 373.4595(2), and the Estuary Plans as
28 defined in s. 373.4595(5). Before any project component is
29 submitted to Congress for authorization or receives an
30 appropriation of state funds, the department must approve, or
31 approve with amendments, each project component within 60 days
32
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1 following formal submittal of the project component to the
2 department. For the release of state funds for the
3 implementation of the comprehensive plan, department approval
4 shall be based upon a determination of the South Florida Water
5 Management District's compliance with s. 373.1501(5). For the
6 release of state funds for the implementation of the Lake
7 Okeechobee Watershed Protection Plan or the Estuary Plans,
8 department approval shall be based upon a determination of the
9 South Florida Water Management District's compliance with s.
10 373.45955. Once a project component is approved, the South
11 Florida Water Management District shall provide to the Joint
12 Legislative Committee on Everglades Oversight a schedule for
13 implementing the project component, the estimated total cost
14 of the project component, any existing federal or nonfederal
15 credits, the estimated remaining federal and nonfederal share
16 of costs, and an estimate of the amount of state funds that
17 will be needed to implement the project component. All
18 requests for an appropriation of state funds needed to
19 implement the project component shall be submitted to the
20 department, and such requests shall be included in the
21 department's annual request to the Governor.
22 (c) Notwithstanding paragraph (b), the use of state
23 funds for land purchases from willing sellers is authorized
24 for projects within the South Florida Water Management
25 District's approved 5-year plan of acquisition pursuant to s.
26 373.59 or within the South Florida Water Management District's
27 approved Florida Forever water management district work plan
28 pursuant to s. 373.199.
29 (d) The Executive Office of the Governor, pursuant to
30 its duties under s. 373.536(5) to approve or disapprove, in
31 whole or in part, the budget of each water management
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1 district, shall review all proposed expenditures for project
2 components in the district's budget.
3 (e) The department, subject to confirmation by the
4 Legislature, shall act on behalf of the state in the
5 negotiation and consummation of any agreement or compact with
6 another state or states concerning waters of the state.
7 Section 5. Section 373.45955, Florida Statutes, is
8 created to read:
9 373.45955 South Florida Water Management District
10 responsibilities.--
11 (1) The South Florida Water Management District shall
12 comply with its responsibilities under s. 373.4595 and
13 implement project components though appropriate provisions of
14 this section. In the development of project components, the
15 district shall:
16 (a) Analyze and evaluate all needs to be met in a
17 comprehensive manner and consider all applicable water
18 resource issues, including water supply, water quality, flood
19 protection, threatened and endangered species, and other
20 natural system and habitat needs;
21 (b) Determine with reasonable certainty that all
22 project components are feasible based upon standard
23 engineering practices and technologies and are the most
24 efficient and cost-effective of feasible alternatives, or
25 combination of alternatives, consistent with the Lake
26 Okeechobee Watershed Protection Plan and Estuary Protection
27 Plan purposes, implementation of project components, and
28 operation of the project;
29 (c) Determine with reasonable certainty that all
30 project components are consistent with applicable law and
31 regulations, and can be permitted and operated as proposed.
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1 For purposes of such determination:
2 1. The district shall convene a preapplication
3 conference with all state and federal agencies with applicable
4 regulatory jurisdiction;
5 2. State agencies with applicable regulatory
6 jurisdiction shall participate in the preapplication
7 conference and provide information necessary for the
8 district's determination; and
9 3. The district shall request that federal agencies
10 with applicable regulatory jurisdiction participate in the
11 preapplication conference and provide information necessary
12 for the district's determination.
13 (d) Ensure that implementation of project components
14 is coordinated with existing utilities and public
15 infrastructure and that impacts to and relocation of existing
16 utility or public infrastructure are minimized.
17 (2) Notwithstanding any provision of this section,
18 nothing herein shall be construed to modify or supplant the
19 authority of the district or the department to prevent harm to
20 the water resources as provided in this chapter.
21 (3) Final agency action with regard to any project
22 component subject to s. 373.026(8)(b) shall be taken by the
23 department. Actions taken by the district pursuant to
24 subsection (1) shall not be considered final agency action.
25 Any petition for formal proceedings filed pursuant to ss.
26 120.569 and 120.57 shall require a hearing under the summary
27 hearing provisions of s. 120.574, which shall be mandatory.
28 The final hearing under this section shall be held within 30
29 days after receipt of the petition by the Division of
30 Administrative Hearings.
31 Section 6. This act shall take effect July 1, 2007.
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to watershed restoration;
8 amending s. 373.4595, F.S.; providing
9 Legislative findings as to the importance of
10 the Lake Okeechobee watershed, the
11 Caloosahatchee Estuary, and the St. Lucie
12 Estuary; providing Legislative findings that
13 the Lake Okeechobee Watershed Protection Plan,
14 the Caloosahatchee Estuary Protection Plan, and
15 the st. Lucie Estuary Protection Plan provide
16 the foundation for establishing basin
17 Management Action Plans and Total Maximum Daily
18 Loads; providing Legislative finding that the
19 expeditious implementation of the Lake
20 Okeechobee Watershed Protection Plan is needed
21 to improve water quality and water quantity in
22 the Northern Everglades; providing Legislative
23 finding that the Caloosahatchee Estuary and the
24 St. Lucie Estuary be included to received
25 sources of funding for nutrient control
26 programs; providing Legislative intent that
27 coordinating agencies include the
28 Caloosahatchee Estuary and the St. Lucie
29 Estuary when creating partnerships and programs
30 relating to Everglades restoration; providing
31 that a technical plan be developed by a
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 392
Barcode 544118
1 specified date; providing required elements to
2 be included in the technical plan; requiring
3 Legislative approval of the technical plan;
4 revising requirements for implementation of a
5 total phosphorus monitoring program by the
6 South Florida Water Management District;
7 conforming cross-references; creating the
8 Caloosahatchee Estuary and the St. Lucie
9 Estuary Protection Program; creating a process
10 that requires Legislative approval of the plans
11 developed under both programs; requiring the
12 implementation of Total Maximum Daily Loads and
13 development of Basin Management Action Plans;
14 amends subsection (8) of s. 373.4595, F.S.;
15 conforming cross-reference; creating s.
16 373.45955, F.S.; detailing the responsibilities
17 of the South Florida Water Management District;
18 providing an effective date.
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