HB 7157

1
A bill to be entitled
2An act relating to watershed restoration; amending s.
3215.619, F.S.; providing for expanded uses of bonds issued
4for Everglades restoration; amending s. 373.026, F.S.;
5providing certain requirements before the release of state
6funds for specified comprehensive and watershed protection
7plans; amending ss. 373.036 and 373.1502, F.S.; conforming
8cross-references; amending s. 373.4595, F.S.; expanding
9and renaming the Lake Okeechobee Protection Program as the
10Northern Everglades and Estuaries Protection Program;
11providing legislative findings and intent; providing
12definitions; providing a deadline and additional
13components for the Phase II Lake Okeechobee Watershed
14Construction Project; prohibiting the disposal of
15wastewater residuals within the Lake Okeechobee watershed
16pursuant to certain conditions; providing for the
17inclusion of a water volume assessment in the Lake
18Okeechobee Watershed Research and Water Quality Monitoring
19Program; creating the Caloosahatchee and St. Lucie River
20Watershed Protection Program; creating the Caloosahatchee
21River Watershed Protection Plan; providing deadlines for
22plans submission; providing for required plan elements;
23creating the Caloosahatchee River Watershed Pollutant
24Control Program; providing requirements of the program;
25creating the Caloosahatchee River Watershed Research and
26Water Quality Monitoring Program; providing program
27requirements; creating the St. Lucie River Watershed
28Protection Plan; providing deadlines for plans submission;
29providing for required plan elements; creating the St.
30Lucie River Watershed Pollutant Control Program; providing
31requirements for the program; creating the St. Lucie River
32Watershed Research and Water Quality Monitoring Program;
33providing program requirements; providing for the
34evaluation of the plans; providing for legislative
35ratification of the plans; establishing a deadline for the
36establishment of total maximum daily loads for the
37Caloosahatchee River and estuary; providing for progress
38reports; providing rulemaking authority; amending s.
39373.470, F.S.; providing definitions; expanding sources
40from which funds may be deposited into the Save Our
41Everglades Trust Fund; extending the period of time in
42which funds may be deposited into the trust fund;
43providing for additional distributions from the trust
44fund; amending s. 373.472, F.S.; expanding authorized uses
45of funds deposited into the Save Our Everglades Trust
46Fund; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Subsections (1) and (6) of section 215.619,
51Florida Statutes, are amended to read:
52     215.619  Bonds for Everglades restoration.--
53     (1)  The issuance of Everglades restoration bonds to
54finance or refinance the cost of acquisition and improvement of
55land, water areas, and related property interests and resources
56for the purpose of implementing the Comprehensive Everglades
57Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
58Protection Plan under s. 373.4595, the Caloosahatchee River
59Watershed Protection Plan under s. 373.4595, and the St. Lucie
60River Watershed Protection Plan under s. 373.4595 is authorized
61in accordance with s. 11(e), Art. VII of the State Constitution.
62Everglades restoration bonds, except refunding bonds, may be
63issued only in fiscal years 2002-2003 through 2009-2010 and may
64not be issued in an amount exceeding $100 million per fiscal
65year unless the Department of Environmental Protection has
66requested additional amounts in order to achieve cost savings or
67accelerate the purchase of land. The duration of Everglades
68restoration bonds may not exceed 20 annual maturities, and those
69bonds must mature by December 31, 2030. Except for refunding
70bonds, a series of bonds may not be issued unless an amount
71equal to the debt service coming due in the year of issuance has
72been appropriated by the Legislature.
73     (6)  Lands purchased using bond proceeds under this section
74paragraph which are later determined by the South Florida Water
75Management District and the Department of Environmental
76Protection as not needed to implement the comprehensive plan,
77the Lake Okeechobee Watershed Protection Plan, the
78Caloosahatchee River Watershed Protection Plan, or the St. Lucie
79River Watershed Protection Plan, respectively, shall either be
80surplused at no less than appraised value, and the proceeds from
81the sale of such lands shall be deposited into the Save Our
82Everglades Trust Fund to be used to implement the respective
83plans comprehensive plan, or the South Florida Water Management
84District shall use a different source of funds to pay for or
85reimburse the Save Our Everglades Trust Fund for that portion of
86land not needed to implement the respective plans comprehensive
87plan.
88     Section 2.  Subsection (8) of section 373.026, Florida
89Statutes, is amended to read:
90     373.026  General powers and duties of the department.--The
91department, or its successor agency, shall be responsible for
92the administration of this chapter at the state level. However,
93it is the policy of the state that, to the greatest extent
94possible, the department may enter into interagency or
95interlocal agreements with any other state agency, any water
96management district, or any local government conducting programs
97related to or materially affecting the water resources of the
98state. All such agreements shall be subject to the provisions of
99s. 373.046. In addition to its other powers and duties, the
100department shall, to the greatest extent possible:
101     (8)(a)  Provide such coordination, cooperation, or approval
102necessary to the effectuation of any plan or project of the
103Federal Government in connection with or concerning the waters
104in the state. Unless otherwise provided by state or federal law,
105the department shall, subject to confirmation by the
106Legislature, have the power to approve or disapprove such
107federal plans or projects on behalf of the state. If such plan
108or project is for a coastal inlet, the department shall first
109determine the impact of the plan or project on the sandy beaches
110in the state. If the department determines that the plan will
111have a significant adverse impact on the sandy beaches, the
112department may not approve the plan or project unless it is
113revised to mitigate those impacts.
114     (b)  To ensure to the greatest extent possible that project
115components will go forward as planned, the department shall
116collaborate with the South Florida Water Management District in
117implementing the comprehensive plan as defined in s.
118373.470(2)(b)(a), the Lake Okeechobee Watershed Protection Plan
119as defined in s. 373.4595(2), and the River Watershed Protection
120Plans as defined in s. 373.4595(2). Before any project component
121is submitted to Congress for authorization or receives an
122appropriation of state funds, the department must approve, or
123approve with amendments, each project component within 60 days
124following formal submittal of the project component to the
125department. Prior to the release of state funds for the
126implementation of the comprehensive plan, department approval
127shall be based upon a determination of the South Florida Water
128Management District's compliance with s. 373.1501(5). Once a
129project component is approved, the South Florida Water
130Management District shall provide to the Joint Legislative
131Committee on Everglades Oversight a schedule for implementing
132the project component, the estimated total cost of the project
133component, any existing federal or nonfederal credits, the
134estimated remaining federal and nonfederal share of costs, and
135an estimate of the amount of state funds that will be needed to
136implement the project component. All requests for an
137appropriation of state funds needed to implement the project
138component shall be submitted to the department, and such
139requests shall be included in the department's annual request to
140the Governor. Prior to the release of state funds for the
141implementation of the Lake Okeechobee Watershed Protection Plan
142or the River Watershed Protection Plans, on an annual basis, the
143South Florida Water Management District shall prepare an annual
144work plan as part of the consolidated annual report required in
145s. 373.036(7). Upon a determination by the secretary of the
146annual work plan's consistency with the goals and objectives of
147s. 373.4595, the secretary may approve the release of state
148funds. Any modifications to the annual work plan shall be
149submitted to the secretary for review and approval.
150     (c)  Notwithstanding paragraph (b), the use of state funds
151for land purchases from willing sellers is authorized for
152projects within the South Florida Water Management District's
153approved 5-year plan of acquisition pursuant to s. 373.59 or
154within the South Florida Water Management District's approved
155Florida Forever water management district work plan pursuant to
156s. 373.199.
157     (d)  The Executive Office of the Governor, pursuant to its
158duties under s. 373.536(5) to approve or disapprove, in whole or
159in part, the budget of each water management district, shall
160review all proposed expenditures for project components in the
161district's budget.
162     (e)  The department, subject to confirmation by the
163Legislature, shall act on behalf of the state in the negotiation
164and consummation of any agreement or compact with another state
165or states concerning waters of the state.
166     Section 3.  Paragraph (e) of subsection (7) of section
167373.036, Florida Statutes, is amended to read:
168     373.036  Florida water plan; district water management
169plans.--
170     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
171-
172     (e)  In addition to the elements specified in paragraph
173(b), the South Florida Water Management District shall include
174in the consolidated annual report the following elements:
175     1.  The Northern Everglades and Estuaries Lake Okeechobee
176Protection Program annual progress report required by s.
177373.4595(6)(3)(g).
178     2.  The Everglades annual progress reports specified in s.
179373.4592(4)(d)5., (13), and (14).
180     3.  The Everglades restoration annual report required by s.
181373.470(7).
182     4.  The Everglades Forever Act annual implementation report
183required by s. 11.80(4).
184     5.  The Everglades Trust Fund annual expenditure report
185required by s. 373.45926(3).
186     Section 4.  Paragraph (a) of subsection (2) of section
187373.1502, Florida Statutes, is amended to read:
188     373.1502  Regulation of comprehensive plan project
189components.--
190     (2)  FINDINGS; INTENT.--
191     (a)  The Legislature finds that implementation of the
192comprehensive plan, as defined in s. 373.470(2)(b)(a), is in the
193public interest and is necessary for restoring, preserving, and
194protecting the South Florida ecosystem, providing for the
195protection of water quality in and the reduction of the loss of
196fresh water from the Everglades, and providing such features as
197are necessary to meet the other water-related needs of the
198region, including flood control, the enhancement of water
199supplies, and other objectives served by the project.
200     Section 5.  Section 373.4595, Florida Statutes, is amended
201to read:
202     373.4595  Northern Everglades and Estuaries Lake Okeechobee
203Protection Program.--
204     (1)  FINDINGS AND INTENT.--
205     (a)  The Legislature finds that the Lake Okeechobee
206watershed, the Caloosahatchee River watershed, and the St. Lucie
207River watershed are critical is one of the most important water
208resources of the state, providing many economic, natural
209habitat, and biodiversity functions benefiting the public
210interest, including agricultural, public, and environmental
211water supply; flood control; fishing; navigation and recreation;
212and habitat to endangered and threatened species and other flora
213and fauna.
214     (b)  The Legislature finds that changes in land uses, in
215the Lake Okeechobee watershed and the construction of the
216Central and Southern Florida Project, and the loss of surface
217water storage have resulted in adverse changes to the hydrology
218and water quality of Lake Okeechobee and the Caloosahatchee and
219St. Lucie Rivers and their estuaries. These hydrology and water
220quality changes have resulted in algal blooms and other adverse
221impacts to water quality both in Lake Okeechobee and in
222downstream receiving waters.
223     (c)  The Legislature finds that improvement to the
224hydrology, and water quality, and associated aquatic habitats
225within the of Lake Okeechobee watershed, the Caloosahatchee
226River watershed, and the St. Lucie River watershed is essential
227to the protection of the greater Everglades ecosystem.
228     (d)  The Legislature also finds that it is imperative for
229the state, local governments, and agricultural and environmental
230communities to commit to restoring and protecting the surface
231water resources of the Lake Okeechobee watershed, the
232Caloosahatchee River watershed, and the St. Lucie River
233watershed and downstream receiving waters, and that a watershed-
234based approach to address these issues must be developed and
235implemented immediately.
236     (e)  The Legislature finds that phosphorus loads from the
237Lake Okeechobee watershed have contributed to excessive
238phosphorus levels throughout the in Lake Okeechobee watershed
239and downstream receiving waters and that a reduction in levels
240of phosphorus will benefit the ecology of these systems. The
241excessive levels of phosphorus have also resulted in an
242accumulation of phosphorus in the sediments of Lake Okeechobee.
243If not removed, internal phosphorus loads from the sediments are
244expected to delay responses of the lake to external phosphorus
245reductions.
246     (f)  The Legislature finds that the Lake Okeechobee
247phosphorus loads set forth in the South Florida Water Management
248District's Technical Publication 81-2 represent an appropriate
249basis for the initial phase of phosphorus load reductions to
250Lake Okeechobee and that subsequent phases of phosphorus load
251reductions shall be determined by the total maximum daily loads
252established in accordance with s. 403.067 represent an
253appropriate basis for restoration of the Lake Okeechobee
254watershed.
255     (g)  The Legislature finds that, in addition to phosphorus,
256other pollutants are contributing to water quality problems in
257the Lake Okeechobee watershed, the Caloosahatchee River
258watershed, and the St. Lucie River watershed and that the total
259maximum daily load requirements of s. 403.067 provide a means of
260identifying and addressing these problems.
261     (h)  The Legislature finds that the expeditious
262implementation of the Lake Okeechobee Watershed Protection Plan
263and the River Watershed Protection Plans is needed to improve
264the quality, quantity, timing, and distribution of water in the
265northern Everglades ecosystem and that this section, in
266conjunction with s. 403.067, including the implementation of the
267plans developed and approved pursuant to subsections (3) and (4)
268and any related basin management action plan developed and
269implemented pursuant to s. 403.067(7)(a), provide a reasonable
270means of achieving the total maximum daily load requirements and
271achieving and maintaining compliance with state water quality
272standards.
273     (g)  The Legislature finds that this section, in
274conjunction with s. 403.067, provides a reasonable means of
275achieving and maintaining compliance with state water quality
276standards.
277     (i)(h)  The Legislature finds that the implementation of
278the programs contained in this section is for the benefit of the
279public health, safety, and welfare and is in the public
280interest.
281     (j)(i)  The Legislature finds that sufficient research has
282been conducted and sufficient plans developed to immediately
283expand and accelerate programs initiate the first phase of a
284program to address the hydrology and water quality problems in
285the Lake Okeechobee watershed, the Caloosahatchee River
286watershed, and the St. Lucie River watershed and downstream
287receiving waters.
288     (j)  The Legislature finds that in order to achieve the
289goals and objectives of this section and to effectively
290implement the Lake Okeechobee Watershed Phosphorus Control
291Program pursuant to paragraph (3)(c), the state must
292expeditiously implement the Lake Okeechobee Protection Plan
293developed pursuant to paragraph (3)(a).
294     (k)  The Legislature finds that a continuing source of
295funding is needed to effectively implement the programs
296developed and approved under this section that are needed to
297address the hydrology and water quality problems a phosphorus
298control program that initially targets the most significant
299sources contributing to phosphorus loads within the Lake
300Okeechobee watershed, the Caloosahatchee River watershed, and
301the St. Lucie River watershed and continues to address other
302sources as needed to achieve the phased phosphorus load
303reductions required under this section.
304     (l)  It is the intent of the Legislature to protect and
305restore surface water resources and achieve and maintain
306compliance with water quality standards in the Lake Okeechobee
307watershed, the Caloosahatchee River watershed, and the St. Lucie
308River watershed, and downstream receiving waters, through the a
309phased, comprehensive, and innovative protection program set
310forth in this section that includes to reduce both internal and
311external phosphorus loads to Lake Okeechobee through immediate
312actions to achieve the phosphorus load reductions set forth in
313Technical Publication 81-2 and long-term solutions based upon
314the total maximum daily loads established in accordance with s.
315403.067. This program shall be watershed-based, shall provide
316for consideration of all water quality issues needed to meet the
317total maximum daily load potential phosphorus sources, and shall
318include research and monitoring, development and implementation
319of best management practices, refinement of existing
320regulations, and structural and nonstructural projects,
321including public works.
322     (m)  It is the intent of the Legislature that this section
323the Lake Okeechobee Protection Program be developed and
324implemented in coordination with the Comprehensive Everglades
325Restoration Plan and, to the greatest extent practicable,
326through the implementation of Restudy project components and
327other federal programs in order to maximize opportunities for
328the most efficient and timely expenditures of public funds.
329     (n)  It is the intent of the Legislature that the
330coordinating agencies encourage and support the development of
331creative public-private partnerships and programs, including
332opportunities for water storage and quality improvement on
333private lands and water quality credit trading pollutant trading
334and credits, to facilitate or further the restoration of the
335surface water resources of the Lake Okeechobee watershed, the
336Caloosahatchee River watershed, and the St. Lucie River
337watershed, consistent with s. 403.067.
338     (2)  DEFINITIONS.--As used in this section:
339     (a)  "Best management practice" means a practice or
340combination of practices determined by the coordinating
341agencies, based on research, field-testing, and expert review,
342to be the most effective and practicable on-location means,
343including economic and technological considerations, for
344improving water quality in agricultural and urban discharges.
345Best management practices for agricultural discharges shall
346reflect a balance between water quality improvements and
347agricultural productivity.
348     (b)  "Caloosahatchee River watershed" means the
349Caloosahatchee River, its tributaries, its estuary, and the area
350within Charlotte, Glades, Hendry, and Lee Counties from which
351surface water flow is directed or drains, naturally or by
352constructed works, to the river, its tributaries, or its
353estuary.
354     (c)(b)  "Coordinating agencies" means the Department of
355Agriculture and Consumer Services, the Department of
356Environmental Protection, and the South Florida Water Management
357District.
358     (d)(c)  "Corps of Engineers" means the United States Army
359Corps of Engineers.
360     (e)(d)  "Department" means the Department of Environmental
361Protection.
362     (f)(e)  "District" means the South Florida Water Management
363District.
364     (g)(f)  "District's WOD program" means the program
365implemented pursuant to rules adopted as authorized by this
366section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,
367373.113, 373.118, 373.451, and 373.453, entitled "Works of the
368District Basin."
369     (h)(g)  "Lake Okeechobee Watershed Construction Project"
370means the construction project developed pursuant to paragraph
371(3)(b).
372     (i)(h)  "Lake Okeechobee Watershed Protection Plan" means
373the plan developed pursuant to this section and ss. 373.451-
374373.459.
375     (j)(i)  "Lake Okeechobee watershed" means Lake Okeechobee,
376its tributaries, and the area within which surface water flow is
377directed or drains, naturally or by constructed works, to the
378lake or its tributaries and the area surrounding and tributary
379to Lake Okeechobee, composed of the surrounding hydrologic
380basins, as defined by the Lake Okeechobee Protection Plan dated
381January 1, 2004.
382     (k)(j)  "Lake Okeechobee Watershed Phosphorus Control
383Program" means the program developed pursuant to paragraph
384(3)(c).
385     (l)  "Northern Everglades" means the Lake Okeechobee
386watershed, the Caloosahatchee River watershed, and the St. Lucie
387River watershed.
388     (m)(k)  "Project component" means any structural or
389operational change, resulting from the Restudy, to the Central
390and Southern Florida Project as it existed and was operated as
391of January 1, 1999.
392     (n)(l)  "Restudy" means the Comprehensive Review Study of
393the Central and Southern Florida Project, for which federal
394participation was authorized by the Federal Water Resources
395Development Acts of 1992 and 1996 together with related
396Congressional resolutions and for which participation by the
397South Florida Water Management District is authorized by s.
398373.1501. The term includes all actions undertaken pursuant to
399the aforementioned authorizations which will result in
400recommendations for modifications or additions to the Central
401and Southern Florida Project.
402     (o)  "River Watershed Protection Plans" means the
403Caloosahatchee River Watershed Protection Plan and the St. Lucie
404River Watershed Protection Plan developed pursuant to this
405section.
406     (p)  "St. Lucie River watershed" means the St. Lucie River,
407its tributaries, its estuary, and the area within Martin,
408Okeechobee, and St. Lucie Counties from which surface water flow
409is directed or drains, naturally or by constructed works, to the
410river, its tributaries, or its estuary.
411     (q)(m)  "Total maximum daily load" means the sum of the
412individual wasteload allocations for point sources and the load
413allocations for nonpoint sources and natural background. Prior
414to determining individual wasteload allocations and load
415allocations, the maximum amount of a pollutant that a water body
416or water segment can assimilate from all sources without
417exceeding water quality standards must first be calculated.
418     (3)  LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A
419protection program for Lake Okeechobee that achieves phosphorus
420load reductions for Lake Okeechobee shall be immediately
421implemented as specified in this subsection. The program shall
422address the reduction of phosphorus loading to the lake from
423both internal and external sources. Phosphorus load reductions
424shall be achieved through a phased program of implementation.
425Initial implementation actions shall be technology-based, based
426upon a consideration of both the availability of appropriate
427technology and the cost of such technology, and shall include
428phosphorus reduction measures at both the source and the
429regional level. The initial phase of phosphorus load reductions
430shall be based upon the district's Technical Publication 81-2
431and the district's WOD program, with subsequent phases of
432phosphorus load reductions based upon the total maximum daily
433loads established in accordance with s. 403.067. In the
434development and administration of the Lake Okeechobee Watershed
435Protection Program, the coordinating agencies shall maximize
436opportunities provided by federal cost-sharing programs and
437opportunities for partnerships with the private sector.
438     (a)  Lake Okeechobee Watershed Protection Plan.--In order
439to protect and restore surface water resources, the district, in
440cooperation with the other coordinating agencies, shall complete
441a Lake Okeechobee Watershed Protection Plan in accordance with
442this section and ss. 373.451-373.459. The plan shall identify
443the geographic extent of the watershed, be coordinated with the
444plans developed pursuant to paragraphs (4)(a) and (b), and
445contain an implementation schedule for subsequent phases of
446phosphorus load reduction consistent with the total maximum
447daily loads established in accordance with s. 403.067. The plan
448shall consider and build upon a review and analysis of the
449following:
450     1.  The performance of projects constructed during Phase I
451and Phase II of the Lake Okeechobee Watershed Construction
452Project, pursuant to paragraph (b).
453     2.  Relevant information resulting from the Lake Okeechobee
454Watershed Phosphorus Control Program, pursuant to paragraph (c).
455     3.  Relevant information resulting from the Lake Okeechobee
456Watershed Research and Water Quality Monitoring Program,
457pursuant to paragraph (d).
458     4.  Relevant information resulting from the Lake Okeechobee
459Exotic Species Control Program, pursuant to paragraph (e).
460     5.  Relevant information resulting from the Lake Okeechobee
461Internal Phosphorus Management Program, pursuant to paragraph
462(f).
463     (b)  Lake Okeechobee Watershed Construction Project.--To
464improve the hydrology and water quality of Lake Okeechobee and
465downstream receiving waters, including the Caloosahatchee and
466St. Lucie Rivers and their estuaries, the district shall design
467and construct the Lake Okeechobee Watershed Construction
468Project.
469     1.  Phase I.--Phase I of the Lake Okeechobee Watershed
470Construction Project shall consist of a series of project
471features consistent with the recommendations of the South
472Florida Ecosystem Restoration Working Group's Lake Okeechobee
473Action Plan. Priority basins for such projects include S-191, S-
474154, and Pools D and E in the Lower Kissimmee River. In order to
475obtain phosphorus load reductions to Lake Okeechobee as soon as
476possible, the following actions shall be implemented:
477     a.  The district shall serve as a full partner with the
478Corps of Engineers in the design and construction of the Grassy
479Island Ranch and New Palm Dairy stormwater treatment facilities
480as components of the Lake Okeechobee Water Retention/Phosphorus
481Removal Critical Project. The Corps of Engineers shall have the
482lead in design and construction of these facilities. Should
483delays be encountered in the implementation of either of these
484facilities, the district shall notify the department and
485recommend corrective actions.
486     b.  The district shall obtain permits and complete
487construction of two of the isolated wetland restoration projects
488that are part of the Lake Okeechobee Water Retention/Phosphorus
489Removal Critical Project. The additional isolated wetland
490projects included in this critical project shall further reduce
491phosphorus loading to Lake Okeechobee.
492     c.  The district shall work with the Corps of Engineers to
493expedite initiation of the design process for the Taylor
494Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
495Area, a project component of the Comprehensive Everglades
496Restoration Plan Restudy. The district shall propose to the
497Corps of Engineers that the district take the lead in the design
498and construction of the Reservoir Assisted Stormwater Treatment
499Area and receive credit towards the local share of the total
500cost of the Comprehensive Everglades Restoration Plan Restudy.
501     2.  Phase II.--By February 1, 2008, the district, in
502cooperation with the other coordinating agencies and the Corps
503of Engineers, shall develop a detailed technical an
504implementation plan for Phase II of the Lake Okeechobee
505Watershed Construction Project. The detailed technical plan
506shall include measures for the improvement of the quality,
507quantity, timing, and distribution of water in the northern
508Everglades ecosystem, including the Lake Okeechobee watershed
509and the estuaries, and for facilitating the achievement of water
510quality standards. Use of cost-effective biologically based,
511hybrid wetland-chemical, and other innovative nutrient control
512technologies shall be incorporated in the plan where
513appropriate. The detailed technical plan shall also include a
514process development and engineering component to finalize the
515detail and design of Phase II projects and identify additional
516measures needed to increase the certainty that the overall
517objectives for improving water quality and quantity can be met.
518Based on information and recommendations from the process
519development and engineering component, the Phase II detailed
520technical plan shall be periodically updated. Phase II shall
521include construction of additional facilities in the priority
522basins identified in subparagraph (b)1., as well as facilities
523for other basins in the Lake Okeechobee watershed. This detailed
524technical plan requires legislative ratification pursuant to
525paragraph (i). The technical implementation plan shall:
526     a.  Identify Lake Okeechobee Watershed Construction Project
527facilities designed to contribute to achieving all applicable
528total maximum daily loads established pursuant to s. 403.067
529within the Lake Okeechobee watershed be constructed to achieve a
530design objective of 40 parts per billion (ppb) for phosphorus
531measured as a long-term flow weighted average concentration,
532unless an allocation has been established pursuant to s. 403.067
533for the Lake Okeechobee total maximum daily load.
534     b.  Identify the size and location of all such Lake
535Okeechobee Watershed Construction Project facilities.
536     c.  Provide a construction schedule for all such Lake
537Okeechobee Watershed Construction Project facilities, including
538the sequencing and specific timeframe for construction of each
539Lake Okeechobee Watershed Construction Project facility.
540     d.  Provide a land acquisition schedule for the acquisition
541of lands or sufficient interests lands necessary to achieve the
542construction schedule.
543     e.  Provide a detailed schedule of costs associated with
544the construction schedule.
545     f.  Identify, to the maximum extent practicable, impacts on
546wetlands and state-listed species expected to be associated with
547construction of such facilities, including potential
548alternatives to minimize and mitigate such impacts, as
549appropriate.
550     g.  Provide for additional measures, including voluntary
551water storage and quality improvements on private land, to
552increase water storage and reduce excess water levels in Lake
553Okeechobee and to reduce excess discharges to the estuaries. The
554technical plan shall also develop the appropriate water quantity
555storage goal to achieve the desired Lake Okeechobee range of
556lake levels and inflow volumes to the Caloosahatchee and St.
557Lucie estuaries while meeting the other water-related needs of
558the region, including water supply and flood protection.
559     h.  Provide for additional source controls needed to
560enhance performance of the Lake Okeechobee Watershed
561Construction Project facilities. Such additional source controls
562shall be incorporated into the Lake Okeechobee Watershed
563Phosphorous Control Program pursuant to paragraph (c).
564     3.  Evaluation.--By January 1, 2004, and every 3 years
565thereafter, the district, in cooperation with the coordinating
566agencies, shall conduct an evaluation of any further phosphorus
567load reductions necessary to achieve compliance with all the
568Lake Okeechobee watershed total maximum daily loads load
569established pursuant to s. 403.067. Additionally, the district
570shall identify modifications to facilities of the Lake
571Okeechobee Watershed Construction Project as appropriate to meet
572the total maximum daily loads if the design objective of 40
573parts per billion (ppb) or the allocation established pursuant
574to s. 403.067 for the Lake Okeechobee total maximum daily load
575established pursuant to s. 403.067 is not being met. The
576evaluation shall be included in the applicable annual progress
577report submitted pursuant to subsection (6) paragraph (h).
578     4.  Coordination and review.--To ensure the timely
579implementation of the Lake Okeechobee Watershed Construction
580Project, the design of project facilities shall be coordinated
581with the department and other interested parties, including
582affected local governments, to the maximum extent practicable.
583Lake Okeechobee Watershed Construction Project facilities shall
584be reviewed and commented upon by the department prior to the
585execution of a construction contract by the district for that
586facility.
587     (c)  Lake Okeechobee Watershed Phosphorus Control
588Program.--The Lake Okeechobee Watershed Phosphorus Control
589Program is designed to be a multifaceted approach to reducing
590phosphorus loads by improving the management of phosphorus
591sources within the Lake Okeechobee watershed through continued
592implementation of existing regulations and best management
593practices, development and implementation of improved best
594management practices, improvement and restoration of the
595hydrologic function of natural and managed systems, and
596utilization of alternative technologies for nutrient reduction.
597The coordinating agencies shall facilitate the application of
598federal programs that offer opportunities for water quality
599treatment, including preservation, restoration, or creation of
600wetlands on agricultural lands.
601     1.  Agricultural nonpoint source best management practices,
602developed in accordance with s. 403.067 and designed to achieve
603the objectives of the Lake Okeechobee Watershed Protection
604Program, shall be implemented on an expedited basis. The
605coordinating agencies shall develop an interagency agreement
606pursuant to ss. 373.046 and 373.406(5) that assures the
607development of best management practices that complement
608existing regulatory programs and specifies how those best
609management practices are implemented and verified. The
610interagency agreement shall address measures to be taken by the
611coordinating agencies during any best management practice
612reevaluation performed pursuant to sub-subparagraph d. The
613department shall use best professional judgment in making the
614initial determination of best management practice effectiveness.
615     a.  As provided in s. 403.067(7)(c), the Department of
616Agriculture and Consumer Services, in consultation with the
617department, the district, and affected parties, shall initiate
618rule development for interim measures, best management
619practices, conservation plans, nutrient management plans, or
620other measures necessary for Lake Okeechobee watershed total
621maximum daily phosphorus load reduction. The rule shall include
622thresholds for requiring conservation and nutrient management
623plans and criteria for the contents of such plans. Development
624of agricultural nonpoint source best management practices shall
625initially focus on those priority basins listed in subparagraph
626(b)1. The Department of Agriculture and Consumer Services, in
627consultation with the department, the district, and affected
628parties, shall conduct an ongoing program for improvement of
629existing and development of new interim measures or best
630management practices for the purpose of adoption of such
631practices by rule. The Department of Agriculture and Consumer
632Services shall work with the University of Florida's Institute
633of Food and Agricultural Sciences to review and, where
634appropriate, develop revised nutrient application rates for all
635agricultural soil amendments in the watershed.
636     b.  Where agricultural nonpoint source best management
637practices or interim measures have been adopted by rule of the
638Department of Agriculture and Consumer Services, the owner or
639operator of an agricultural nonpoint source addressed by such
640rule shall either implement interim measures or best management
641practices or demonstrate compliance with the district's WOD
642program by conducting monitoring prescribed by the department or
643the district. Owners or operators of agricultural nonpoint
644sources who implement interim measures or best management
645practices adopted by rule of the Department of Agriculture and
646Consumer Services shall be subject to the provisions of s.
647403.067(7). The Department of Agriculture and Consumer Services,
648in cooperation with the department and the district, shall
649provide technical and financial assistance for implementation of
650agricultural best management practices, subject to the
651availability of funds.
652     c.  The district or department shall conduct monitoring at
653representative sites to verify the effectiveness of agricultural
654nonpoint source best management practices.
655     d.  Where water quality problems are detected for
656agricultural nonpoint sources despite the appropriate
657implementation of adopted best management practices, the
658Department of Agriculture and Consumer Services, in consultation
659with the other coordinating agencies and affected parties, shall
660institute a reevaluation of the best management practices and
661make appropriate changes to the rule adopting best management
662practices.
663     2.  Nonagricultural nonpoint source best management
664practices, developed in accordance with s. 403.067 and designed
665to achieve the objectives of the Lake Okeechobee Watershed
666Protection Program, shall be implemented on an expedited basis.
667The department and the district shall develop an interagency
668agreement pursuant to ss. 373.046 and 373.406(5) that assures
669the development of best management practices that complement
670existing regulatory programs and specifies how those best
671management practices are implemented and verified. The
672interagency agreement shall address measures to be taken by the
673department and the district during any best management practice
674reevaluation performed pursuant to sub-subparagraph d.
675     a.  The department and the district are directed to work
676with the University of Florida's Institute of Food and
677Agricultural Sciences to develop appropriate nutrient
678application rates for all nonagricultural soil amendments in the
679watershed. As provided in s. 403.067(7)(c), the department, in
680consultation with the district and affected parties, shall
681develop interim measures, best management practices, or other
682measures necessary for Lake Okeechobee watershed total maximum
683daily phosphorus load reduction. Development of nonagricultural
684nonpoint source best management practices shall initially focus
685on those priority basins listed in subparagraph (b)1. The
686department, the district, and affected parties shall conduct an
687ongoing program for improvement of existing and development of
688new interim measures or best management practices. The district
689shall adopt technology-based standards under the district's WOD
690program for nonagricultural nonpoint sources of phosphorus.
691     b.  Where nonagricultural nonpoint source best management
692practices or interim measures have been developed by the
693department and adopted by the district, the owner or operator of
694a nonagricultural nonpoint source shall implement interim
695measures or best management practices and be subject to the
696provisions of s. 403.067(7). The department and district shall
697provide technical and financial assistance for implementation of
698nonagricultural nonpoint source best management practices,
699subject to the availability of funds.
700     c.  The district or the department shall conduct monitoring
701at representative sites to verify the effectiveness of
702nonagricultural nonpoint source best management practices.
703     d.  Where water quality problems are detected for
704nonagricultural nonpoint sources despite the appropriate
705implementation of adopted best management practices, the
706department and the district shall institute a reevaluation of
707the best management practices.
708     3.  The provisions of subparagraphs 1. and 2. shall not
709preclude the department or the district from requiring
710compliance with water quality standards or with current best
711management practices requirements set forth in any applicable
712regulatory program authorized by law for the purpose of
713protecting water quality. Additionally, subparagraphs 1. and 2.
714are applicable only to the extent that they do not conflict with
715any rules promulgated by the department that are necessary to
716maintain a federally delegated or approved program.
717     4.  Projects that which reduce the phosphorus load
718originating from domestic wastewater systems within the Lake
719Okeechobee watershed shall be given funding priority in the
720department's revolving loan program under s. 403.1835. The
721department shall coordinate and provide assistance to those
722local governments seeking financial assistance for such priority
723projects.
724     5.  Projects that make use of private lands, or lands held
725in trust for Indian tribes, to reduce nutrient loadings or
726concentrations within a basin by one or more of the following
727methods: restoring the natural hydrology of the basin, restoring
728wildlife habitat or impacted wetlands, reducing peak flows after
729storm events, increasing aquifer recharge, or protecting range
730and timberland from conversion to development, are eligible for
731grants available under this section from the coordinating
732agencies. For projects of otherwise equal priority, special
733funding priority will be given to those projects that make best
734use of the methods outlined above that involve public-private
735partnerships or that obtain federal match money. Preference
736ranking above the special funding priority will be given to
737projects located in a rural area of critical economic concern
738designated by the Governor. Grant applications may be submitted
739by any person or tribal entity, and eligible projects may
740include, but are not limited to, the purchase of conservation
741and flowage easements, hydrologic restoration of wetlands,
742creating treatment wetlands, development of a management plan
743for natural resources, and financial support to implement a
744management plan.
745     6.a.  The department shall require all entities disposing
746of domestic wastewater residuals within the Lake Okeechobee
747watershed and the remaining areas of Okeechobee, Glades, and
748Hendry Counties to develop and submit to the department an
749agricultural use plan that limits applications based upon
750phosphorus loading. By July 1, 2005, phosphorus concentrations
751originating from these application sites shall not exceed the
752limits established in the district's WOD program. After December
75331, 2007, the department may not authorize the disposal of
754domestic wastewater residuals within the Lake Okeechobee
755watershed unless the applicant can affirmatively demonstrate
756that the phosphorus in the residuals will not add to phosphorus
757loadings in Lake Okeechobee or its tributaries. This
758demonstration shall be based on achieving a net balance between
759phosphorus imports relative to exports on the permitted
760application site. Exports shall include only phosphorus removed
761from the Lake Okeechobee watershed through products generated on
762the permitted application site. This prohibition does not apply
763to Class AA residuals that are marketed and distributed as
764fertilizer products in accordance with department rule.
765     b.  Private and government-owned utilities within Monroe,
766Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
767Okeechobee, Highlands, Hendry, and Glades Counties that dispose
768of wastewater residual sludge from utility operations and septic
769removal by land spreading in the Lake Okeechobee watershed may
770use a line item on local sewer rates to cover wastewater
771residual treatment and disposal if such disposal and treatment
772is done by approved alternative treatment methodology at a
773facility located within the areas designated by the Governor as
774rural areas of critical economic concern pursuant to s.
775288.0656. This additional line item is an environmental
776protection disposal fee above the present sewer rate and shall
777not be considered a part of the present sewer rate to customers,
778notwithstanding provisions to the contrary in chapter 367. The
779fee shall be established by the county commission or its
780designated assignee in the county in which the alternative
781method treatment facility is located. The fee shall be
782calculated to be no higher than that necessary to recover the
783facility's prudent cost of providing the service. Upon request
784by an affected county commission, the Florida Public Service
785Commission will provide assistance in establishing the fee.
786Further, for utilities and utility authorities that use the
787additional line item environmental protection disposal fee, such
788fee shall not be considered a rate increase under the rules of
789the Public Service Commission and shall be exempt from such
790rules. Utilities using the provisions of this section may
791immediately include in their sewer invoicing the new
792environmental protection disposal fee. Proceeds from this
793environmental protection disposal fee shall be used for
794treatment and disposal of wastewater residuals, including any
795treatment technology that helps reduce the volume of residuals
796that require final disposal, but such proceeds shall not be used
797for transportation or shipment costs for disposal or any costs
798relating to the land application of residuals in the Lake
799Okeechobee watershed.
800     c.  No less frequently than once every 3 years, the Florida
801Public Service Commission or the county commission through the
802services of an independent auditor shall perform a financial
803audit of all facilities receiving compensation from an
804environmental protection disposal fee. The Florida Public
805Service Commission or the county commission through the services
806of an independent auditor shall also perform an audit of the
807methodology used in establishing the environmental protection
808disposal fee. The Florida Public Service Commission or the
809county commission shall, within 120 days after completion of an
810audit, file the audit report with the President of the Senate
811and the Speaker of the House of Representatives and shall
812provide copies to the county commissions of the counties set
813forth in sub-subparagraph b. The books and records of any
814facilities receiving compensation from an environmental
815protection disposal fee shall be open to the Florida Public
816Service Commission and the Auditor General for review upon
817request.
818     7.  The Department of Health shall require all entities
819disposing of septage within the Lake Okeechobee watershed and
820the remaining areas of Okeechobee, Glades, and Hendry Counties
821to develop and submit to that agency an agricultural use plan
822that limits applications based upon phosphorus loading. By July
8231, 2005, phosphorus concentrations originating from these
824application sites shall not exceed the limits established in the
825district's WOD program.
826     8.  The Department of Agriculture and Consumer Services
827shall initiate rulemaking requiring entities within the Lake
828Okeechobee watershed that and the remaining areas of Okeechobee,
829Glades, and Hendry Counties which land-apply animal manure to
830develop resource management system level conservation plans,
831according to United States Department of Agriculture criteria,
832that or nutrient management plans that limit such application,
833based upon phosphorus loading. Such rules may include criteria
834and thresholds for the requirement to develop a conservation or
835nutrient management plan, requirements for plan approval, and
836recordkeeping requirements.
837     9.  Prior to authorizing a discharge into works of the
838district, the district shall require responsible parties to
839demonstrate that proposed changes in land use will not result in
840increased phosphorus loading over that of existing land uses.
841     10.  The district, the department, or the Department of
842Agriculture and Consumer Services, as appropriate, shall
843implement those alternative nutrient reduction technologies
844determined to be feasible pursuant to subparagraph (d)6.
845     (d)  Lake Okeechobee Watershed Research and Water Quality
846Monitoring Program.--The district, in cooperation with the other
847coordinating agencies, shall establish a Lake Okeechobee
848Watershed Research and Water Quality Monitoring Program that
849builds upon the district's existing Lake Okeechobee research
850program. The program shall:
851     1.  Evaluate all available existing water quality data
852concerning total phosphorus in the Lake Okeechobee watershed,
853develop a water quality baseline to represent existing
854conditions for total phosphorus, monitor long-term ecological
855changes, including water quality for total phosphorus, and
856measure compliance with water quality standards for total
857phosphorus, including any applicable the total maximum daily
858load for the Lake Okeechobee watershed as established pursuant
859to s. 403.067. Every 3 years, the district shall reevaluate
860water quality and quantity data to ensure that the appropriate
861projects are being designated and implemented to meet the water
862quality and storage goals of the plan. The district shall also
863implement a total phosphorus monitoring program at appropriate
864all inflow structures owned or operated by the South Florida
865Water Management District and within the to Lake Okeechobee
866watershed.
867     2.  Develop a Lake Okeechobee water quality model that
868reasonably represents phosphorus dynamics of the lake and
869incorporates an uncertainty analysis associated with model
870predictions.
871     3.  Determine the relative contribution of phosphorus from
872all identifiable sources and all primary and secondary land
873uses.
874     4.  Conduct an assessment of the sources of phosphorus from
875the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
876relative contribution to the water quality of Lake Okeechobee.
877The results of this assessment shall be used by the coordinating
878agencies to develop interim measures, best management practices,
879or regulation, as applicable.
880     5.  Assess current water management practices within the
881Lake Okeechobee watershed and develop recommendations for
882structural and operational improvements. Such recommendations
883shall balance water supply, flood control, estuarine salinity,
884maintenance of a healthy lake littoral zone, and water quality
885considerations.
886     6.  Evaluate the feasibility of alternative nutrient
887reduction technologies, including sediment traps, canal and
888ditch maintenance, fish production or other aquaculture,
889bioenergy conversion processes, and algal or other biological
890treatment technologies.
891     7.  Conduct an assessment of the water volumes and timing
892from the Lake Okeechobee watershed and their relative
893contribution to the water level changes in Lake Okeechobee and
894to the timing and volume of water delivered to the estuaries.
895     (e)  Lake Okeechobee Exotic Species Control Program.--The
896coordinating agencies shall identify the exotic species that
897threaten the native flora and fauna within the Lake Okeechobee
898watershed and develop and implement measures to protect the
899native flora and fauna.
900     (f)  Lake Okeechobee Internal Phosphorus Management
901Program.--The district, in cooperation with the other
902coordinating agencies and interested parties, shall complete a
903Lake Okeechobee internal phosphorus load removal feasibility
904study. The feasibility study shall be based on technical
905feasibility, as well as economic considerations, and address all
906reasonable methods of phosphorus removal. If methods are found
907to be feasible, the district shall immediately pursue the
908design, funding, and permitting for implementing such methods.
909     (g)  Lake Okeechobee Watershed Protection Plan
910implementation.--The coordinating agencies shall be jointly
911responsible for implementing the Lake Okeechobee Watershed
912Protection Plan, consistent with the statutory authority and
913responsibility of each agency. Annual funding priorities shall
914be jointly established, and the highest priority shall be
915assigned to programs and projects that address phosphorus
916sources that have the highest relative contribution to
917phosphorus loading and the greatest potential for reductions
918needed to meet the total maximum daily loads phosphorus
919reduction. In determining funding priorities, the coordinating
920agencies shall also consider the need for regulatory compliance,
921the extent to which the program or project is ready to proceed,
922and the availability of federal matching funds or other nonstate
923funding, including public-private partnerships. Federal and
924other nonstate funding shall be maximized to the greatest extent
925practicable.
926     (h)  Priorities and implementation schedules.--The
927coordinating agencies are authorized and directed to establish
928priorities and implementation schedules for the achievement of
929total maximum daily loads, compliance with the requirements of
930s. 403.067, and compliance with applicable water quality
931standards within the waters and watersheds subject to this
932section.
933     (i)  Legislative ratification.--The coordinating agencies
934shall submit the Phase II technical plan developed pursuant to
935paragraph (b) to the President of the Senate and the Speaker of
936the House of Representatives prior to the 2009 legislative
937session for review. If the Legislature takes no action on the
938plan during the 2009 legislative session, the plan is deemed
939approved and may be implemented.
940     (h)  Annual progress report.--Each March 1, beginning in
9412006, the district shall report on implementation of this
942section as part of the consolidated annual report required in s.
943373.036(7). The annual report shall include a summary of water
944quality and habitat conditions in Lake Okeechobee and the Lake
945Okeechobee watershed and the status of the Lake Okeechobee
946Construction Project. The district shall prepare the report in
947cooperation with the other coordinating agencies.
948     (4)  CALOOSAHATCHEE AND ST. LUCIE RIVER WATERSHED
949PROTECTION PROGRAM.--A protection program for the watersheds
950shall be developed and implemented as specified in this
951subsection. In order to protect and restore surface water
952resources, the program shall address the reduction of pollutant
953loadings, restoration of natural hydrology, and compliance with
954applicable state water quality standards. The program shall be
955achieved through a phased program of implementation. In
956addition, pollutant load reductions based upon adopted total
957maximum daily loads established in accordance with s. 403.067
958shall serve as a program objective. In the development and
959administration of the program, the coordinating agencies shall
960maximize opportunities provided by federal and local government
961cost-sharing programs and opportunities for partnerships with
962the private sector and local government. The plan shall include
963a goal for salinity envelopes and freshwater inflow targets for
964the estuaries based upon existing research and documentation and
965may be revised as new information is available. The goal shall
966seek to reduce the frequency and duration of undesirable
967salinity ranges while meeting the other water-related needs of
968the region, including water supply and flood protection, and
969recognizing the extent to which water inflows are within the
970control and jurisdiction of the district.
971     (a)  Caloosahatchee River Watershed Protection Plan.--No
972later than January 1, 2009, the district, in cooperation with
973the other coordinating agencies, Lee County, and affected
974counties and municipalities, shall complete a River Watershed
975Protection Plan in accordance with this subsection. The plan
976shall identify the geographic extent of the watershed, be
977coordinated as needed with the plans developed pursuant to
978paragraph (b) and paragraph (3)(a), and contain an
979implementation schedule for pollutant load reductions consistent
980with any adopted total maximum daily loads and compliance with
981applicable state water quality standards. The plan shall
982include:
983     1.  Caloosahatchee River Watershed Construction
984Project.--To improve the hydrology, water quality, and aquatic
985habitats within the watershed, the district shall, no later than
986January 1, 2012, plan, design, and construct the initial phase
987of the Watershed Construction Project. In doing so, the district
988shall:
989     a.  Develop and designate the facilities to be constructed
990to achieve stated goals and objectives of the Caloosahatchee
991River Watershed Protection Plan.
992     b.  Conduct scientific studies that are necessary to
993support the design of the Caloosahatchee River Watershed
994Construction Project facilities.
995     c.  Identify the size and location of all such facilities.
996     d.  Provide a construction schedule for all such
997facilities, including the sequencing and specific timeframe for
998construction of each facility.
999     e.  Provide a schedule for the acquisition of lands or
1000sufficient interests necessary to achieve the construction
1001schedule.
1002     f.  Provide a schedule of costs and benefits associated
1003with each construction project and identify funding sources.
1004     g.  Coordinate the design, scheduling, and sequencing of
1005project facilities with the coordinating agencies, Lee County,
1006other affected counties and municipalities, and other affected
1007parties to ensure timely implementation.
1008     2.  Caloosahatchee River Watershed Pollutant Control
1009Program.--The Caloosahatchee River Watershed Pollutant Control
1010Program is designed to be a multifaceted approach to reducing
1011pollutant loads by improving the management of pollutant sources
1012within the Caloosahatchee River watershed through implementation
1013of regulations and best management practices, development and
1014implementation of improved best management practices,
1015improvement and restoration of the hydrologic function of
1016natural and managed systems, and utilization of alternative
1017technologies for pollutant reduction, such as cost-effective
1018biologically based, hybrid wetland-chemical, and other
1019innovative nutrient control technologies. The coordinating
1020agencies shall facilitate the utilization of federal programs
1021that offer opportunities for water quality treatment, including
1022preservation, restoration, or creation of wetlands on
1023agricultural lands.
1024     a.  Nonpoint source best management practices consistent
1025with paragraph (3)(c), designed to achieve the objectives of the
1026Caloosahatchee River Watershed Protection Program, shall be
1027implemented on an expedited basis. The coordinating agencies may
1028develop an intergovernmental agreement with local governments to
1029implement the nonagricultural, nonpoint source best management
1030practices within their respective geographic boundaries.
1031     b.  This subsection does not preclude the department or the
1032district from requiring compliance with water quality standards,
1033adopted total maximum daily loads, or current best management
1034practices requirements set forth in any applicable regulatory
1035program authorized by law for the purpose of protecting water
1036quality. This subsection applies only to the extent that it does
1037not conflict with any rules adopted by the department or
1038district that are necessary to maintain a federally delegated or
1039approved program.
1040     c.  Projects that make use of private lands, or lands held
1041in trust for Indian tribes, to reduce pollutant loadings or
1042concentrations within a basin, or that reduce the volume of
1043harmful discharges, by one or more of the following methods:
1044restoring the natural hydrology of the basin, restoring wildlife
1045habitat or impacted wetlands, reducing peak flows after storm
1046events, or increasing aquifer recharge, are eligible for grants
1047available under this section from the coordinating agencies.
1048     d.  The Caloosahatchee River Watershed Pollutant Control
1049Program shall require assessment of current water management
1050practices within the watershed and shall require development of
1051recommendations for structural, nonstructural, and operational
1052improvements. Such recommendations shall consider and balance
1053water supply, flood control, estuarine salinity, aquatic
1054habitat, and water quality considerations.
1055     e.  After December 31, 2007, the department may not
1056authorize the disposal of domestic wastewater residuals within
1057the Caloosahatchee River watershed unless the applicant can
1058affirmatively demonstrate that the nutrients in the residuals
1059will not add to nutrient loadings in the watershed. This
1060demonstration shall be based on achieving a net balance between
1061nutrient imports relative to exports on the permitted
1062application site. Exports shall include only nutrients removed
1063from the watershed through products generated on the permitted
1064application site. This prohibition does not apply to Class AA
1065residuals that are marketed and distributed as fertilizer
1066products in accordance with department rule.
1067     f.  The Department of Health shall require all entities
1068disposing of septage within the Caloosahatchee River watershed
1069to develop and submit to that agency an agricultural use plan
1070that limits applications based upon nutrient loading. By July 1,
10712008, nutrient concentrations originating from these application
1072sites may not exceed the limits established in the district's
1073WOD program.
1074     g.  The Department of Agriculture and Consumer Services
1075shall initiate rulemaking requiring entities within the
1076Caloosahatchee River watershed that land-apply animal manure to
1077develop a resource management system level conservation plan
1078according to United States Department of Agriculture criteria
1079that limits such application. Such rules may include criteria
1080and thresholds for the requirement to develop a conservation or
1081nutrient management plan, requirements for plan approval, and
1082recordkeeping requirements.
1083     3.  Caloosahatchee River Watershed Research and Water
1084Quality Monitoring Program.--The district, in cooperation with
1085the other coordinating agencies and local governments, shall
1086establish a Caloosahatchee River Watershed Research and Water
1087Quality Monitoring Program that builds upon the district's
1088existing research program and that is sufficient to carry out,
1089comply with, or assess the plans, programs, and other
1090responsibilities created by this subsection. The program shall
1091also conduct an assessment of the water volumes and timing from
1092the Lake Okeechobee and Caloosahatchee River watersheds and
1093their relative contributions to the timing and volume of water
1094delivered to the estuary.
1095     (b)  St. Lucie River Watershed Protection Plan.--No later
1096than January 1, 2009, the district, in cooperation with the
1097other coordinating agencies, Martin County, and affected
1098counties and municipalities, shall complete a plan in accordance
1099with this subsection. The plan shall identify the geographic
1100extent of the watershed, be coordinated as needed with the plans
1101developed pursuant to paragraph (a) and paragraph (3)(a), and
1102contain an implementation schedule for pollutant load reductions
1103consistent with any adopted total maximum daily loads and
1104compliance with applicable state water quality standards. The
1105plan shall include the following elements:
1106     1.  St. Lucie River Watershed Construction Project.--To
1107improve the hydrology, water quality, and aquatic habitats
1108within the watershed, the district shall, no later than January
11091, 2012, plan, design, and construct the initial phase of
1110watershed construction projects. In doing so, the district
1111shall:
1112     a.  Develop and designate the facilities to be constructed
1113to achieve stated goals and objectives of the St. Lucie River
1114Watershed Protection Plan.
1115     b.  Identify the size and location of all such facilities.
1116     c.  Provide a construction schedule for all such
1117facilities, including the sequencing and specific timeframe for
1118construction of each facility.
1119     d.  Provide a schedule for the acquisition of lands or
1120sufficient interests necessary to achieve the construction
1121schedule.
1122     e.  Provide a schedule of costs and benefits associated
1123with each construction project and identify funding sources.
1124     f.  Coordinate the design, scheduling, and sequencing of
1125project facilities with the coordinating agencies, Martin
1126County, St. Lucie County, other interested parties, and other
1127affected local governments to ensure timely implementation.
1128     2.  St. Lucie River Watershed Pollutant Control
1129Program.--The St. Lucie River Watershed Pollutant Control
1130Program is designed to be a multifaceted approach to reducing
1131pollutant loads by improving the management of pollutant sources
1132within the St. Lucie River watershed through implementation of
1133regulations and best management practices, development and
1134implementation of improved best management practices,
1135improvement and restoration of the hydrologic function of
1136natural and managed systems, and utilization of alternative
1137technologies for pollutant reduction, such as cost-effective
1138biologically based, hybrid wetland-chemical and other innovative
1139nutrient control technologies. The coordinating agencies shall
1140facilitate the utilization of federal programs that offer
1141opportunities for water quality treatment, including
1142preservation, restoration, or creation of wetlands on
1143agricultural lands.
1144     a.  Nonpoint source best management practices consistent
1145with paragraph (3)(c), designed to achieve the objectives of the
1146St. Lucie River Watershed Protection Program, shall be
1147implemented on an expedited basis. The coordinating agencies may
1148develop an intergovernmental agreement with local governments to
1149implement the nonagricultural nonpoint source best management
1150practices within their respective geographic boundaries.
1151     b.  This subsection does not preclude the department or the
1152district from requiring compliance with water quality standards,
1153adopted total maximum daily loads, or current best management
1154practices requirements set forth in any applicable regulatory
1155program authorized by law for the purpose of protecting water
1156quality. This subsection applies only to the extent that it does
1157not conflict with any rules adopted by the department or
1158district that are necessary to maintain a federally delegated or
1159approved program.
1160     c.  Projects that make use of private lands, or lands held
1161in trust for Indian tribes, to reduce pollutant loadings or
1162concentrations within a basin or that reduce the volume of
1163harmful discharges by one or more of the following methods:
1164restoring the natural hydrology of the basin, restoring wildlife
1165habitat or impacted wetlands, reducing peak flows after storm
1166events, or increasing aquifer recharge, are eligible for grants
1167available under this section from the coordinating agencies.
1168     d.  The St. Lucie River Watershed Pollutant Control Program
1169shall require assessment of current water management practices
1170within the watershed and shall require development of
1171recommendations for structural, nonstructural, and operational
1172improvements. Such recommendations shall consider and balance
1173water supply, flood control, estuarine salinity, aquatic
1174habitat, and water quality considerations.
1175     e.  After December 31, 2007, the department may not
1176authorize the disposal of domestic wastewater residuals within
1177the St. Lucie River watershed unless the applicant can
1178affirmatively demonstrate that the nutrients in the residuals
1179will not add to nutrient loadings in the watershed. This
1180demonstration shall be based on achieving a net balance between
1181nutrient imports relative to exports on the permitted
1182application site. Exports shall include only nutrients removed
1183from the St. Lucie River watershed through products generated on
1184the permitted application site. This prohibition does not apply
1185to Class AA residuals that are marketed and distributed as
1186fertilizer products in accordance with department rule.
1187     f.  The Department of Health shall require all entities
1188disposing of septage within the St. Lucie River watershed to
1189develop and submit to that agency an agricultural use plan that
1190limits applications based upon nutrient loading. By July 1,
11912008, nutrient concentrations originating from these application
1192sites may not exceed the limits established in the district's
1193WOD program.
1194     g.  The Department of Agriculture and Consumer Services
1195shall initiate rulemaking requiring entities within the St.
1196Lucie River watershed that land-apply animal manure to develop a
1197resource management system level conservation plan, according to
1198United States Department of Agriculture criteria, that limits
1199such application. Such rules may include criteria and thresholds
1200for the requirement to develop a conservation or nutrient
1201management plan, requirements for plan approval, and
1202recordkeeping requirements.
1203     3.  St. Lucie River Watershed Research and Water Quality
1204Monitoring Program.--The district, in cooperation with the other
1205coordinating agencies and local governments, shall establish a
1206St. Lucie River Watershed Research and Water Quality Monitoring
1207Program that builds upon the district's existing research
1208program and that is sufficient to carry out, comply with, or
1209assess the plans, programs, and other responsibilities created
1210by this subsection. The program shall also conduct an assessment
1211of the water volumes and timing from the Lake Okeechobee and St.
1212Lucie River watersheds and their relative contributions to the
1213timing and volume of water delivered to the estuary.
1214     (c)  River Watershed Protection Plans implementation.--The
1215coordinating agencies shall be jointly responsible for
1216implementing the River Watershed Protection Plans, consistent
1217with the statutory authority and responsibility of each agency.
1218Annual funding priorities shall be jointly established, and the
1219highest priority shall be assigned to programs and projects that
1220have the greatest potential for achieving the goals and
1221objectives of the plans. In determining funding priorities, the
1222coordinating agencies shall also consider the need for
1223regulatory compliance, the extent to which the program or
1224project is ready to proceed, and the availability of federal or
1225local government matching funds. Federal and other nonstate
1226funding shall be maximized to the greatest extent practicable.
1227     (d)  Evaluation.--By March 1, 2012, and every 3 years
1228thereafter, the district, in cooperation with the coordinating
1229agencies, shall conduct an evaluation of any pollutant load
1230reduction goals, and any other specific objectives and goals, as
1231stated in the River Watershed Protection Plans. Additionally,
1232the district shall identify modifications to facilities of the
1233River Watershed Construction Projects, as appropriate, or any
1234other elements of the River Watershed Protection Plans. The
1235evaluation shall be included in the annual progress report
1236submitted pursuant to this section.
1237     (e)  Priorities and implementation schedules.--The
1238coordinating agencies are authorized and directed to establish
1239priorities and implementation schedules for the achievement of
1240total maximum daily loads, the requirements of s. 403.067, and
1241compliance with applicable water quality standards within the
1242waters and watersheds subject to this section.
1243     (f)  Legislative ratification.--The coordinating agencies
1244shall submit the River Watershed Protection Plans developed
1245pursuant to paragraphs (a) and (b) to the President of the
1246Senate and the Speaker of the House of Representatives prior to
1247the 2009 legislative session for review. If the Legislature
1248takes no action on the plan during the 2009 legislative session,
1249the plans are deemed approved and may be implemented.
1250     (5)  ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
1251LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.--The
1252department is directed to expedite development and adoption of
1253total maximum daily loads for the Caloosahatchee River and
1254estuary. The department is further directed to, no later than
1255December 31, 2008, propose for final agency action total maximum
1256daily loads for nutrients in the tidal portions of the
1257Caloosahatchee River and estuary. The department shall initiate
1258development of basin management action plans as provided in s.
1259403.067(7)(a) as follows:
1260     (a)  Basin management action plans shall be developed as
1261soon as practicable as determined necessary by the department to
1262achieve the total maximum daily loads established for the Lake
1263Okeechobee watershed and the estuaries.
1264     (b)  The Phase II technical plan developed pursuant to
1265paragraph (3)(b) and the River Watershed Protection Plans
1266developed pursuant to paragraphs (4)(a) and (b) shall provide
1267the basis for basin management action plans developed by the
1268department.
1269     (c)  As determined necessary by the department to achieve
1270the total maximum daily loads, additional or modified projects
1271or programs that complement those in the legislatively ratified
1272plans may be included during the development of the basin
1273management action plan.
1274     (d)  Development of basin management action plans that
1275implement the provisions of the legislatively ratified plans
1276shall be initiated by the department no later than September 30
1277of the year in which the applicable plan is ratified. Where a
1278total maximum daily load has not been established at the time of
1279plan ratification, development of basin management action plans
1280shall be initiated no later than 90 days following adoption of
1281the applicable total maximum daily load.
1282     (6)  ANNUAL PROGRESS REPORT.--Each March 1, the district
1283shall report on implementation of this section as part of the
1284consolidated annual report required in s. 373.036(7). The annual
1285report shall include a summary of the conditions of the
1286hydrology, water quality, and aquatic habitat in the northern
1287Everglades based on the results of the Research and Water
1288Quality Monitoring Programs, the status of the Lake Okeechobee
1289Watershed Construction Project, the status of the Caloosahatchee
1290River Watershed Construction Project, and the status of the St.
1291Lucie River Watershed Construction Project. In addition, the
1292report shall contain an annual accounting of the expenditure of
1293funds from the Save Our Everglades Trust Fund. At a minimum, the
1294annual report shall provide detail by program and plan,
1295including specific information concerning the amount and use of
1296funds from federal, state, or local government sources. In
1297detailing the use of these funds, the district shall indicate
1298those designated to meet requirements for matching funds. The
1299district shall prepare the report in cooperation with the other
1300coordinating agencies and affected local governments.
1301     (7)(4)  LAKE OKEECHOBEE PROTECTION PERMITS.--
1302     (a)  The Legislature finds that the Lake Okeechobee
1303Protection Program will benefit Lake Okeechobee and downstream
1304receiving waters and is consistent with the public interest. The
1305Lake Okeechobee Construction Project and structures discharging
1306into or from Lake Okeechobee shall be constructed, operated, and
1307maintained in accordance with this section.
1308     (b)  Permits obtained pursuant to this section are in lieu
1309of all other permits under this chapter or chapter 403, except
1310those issued under s. 403.0885, if applicable. No additional
1311permits are required for the Lake Okeechobee Construction
1312Project or structures discharging into or from Lake Okeechobee,
1313if permitted under this section. Construction activities related
1314to implementation of the Lake Okeechobee Construction Project
1315may be initiated prior to final agency action, or notice of
1316intended agency action, on any permit from the department under
1317this section.
1318     (c)  Within 90 days of completion of the diversion plans
1319set forth in Department Consent Orders 91-0694, 91-0707, 91-
13200706, 91-0705, and RT50-205564, owners or operators of existing
1321structures which discharge into or from Lake Okeechobee that are
1322subject to the provisions of s. 373.4592(4)(a) shall apply for a
1323permit from the department to operate and maintain such
1324structures. By September 1, 2000, owners or operators of all
1325other existing structures which discharge into or from Lake
1326Okeechobee shall apply for a permit from the department to
1327operate and maintain such structures. The department shall issue
1328one or more such permits for a term of 5 years upon the
1329demonstration of reasonable assurance that schedules and
1330strategies to achieve and maintain compliance with water quality
1331standards have been provided for, to the maximum extent
1332practicable, and that operation of the structures otherwise
1333complies with provisions of ss. 373.413 and 373.416.
1334     1.  Permits issued under this paragraph shall also contain
1335reasonable conditions to ensure that discharges of waters
1336through structures:
1337     a.  Are adequately and accurately monitored;
1338     b.  Will not degrade existing Lake Okeechobee water quality
1339and will result in an overall reduction of phosphorus input into
1340Lake Okeechobee, as set forth in the district's Technical
1341Publication 81-2 and the total maximum daily load established in
1342accordance with s. 403.067, to the maximum extent practicable;
1343and
1344     c.  Do not pose a serious danger to public health, safety,
1345or welfare.
1346     2.  For the purposes of this paragraph, owners and
1347operators of existing structures which are subject to the
1348provisions of s. 373.4592(4)(a) and which discharge into or from
1349Lake Okeechobee shall be deemed in compliance with the term
1350"maximum extent practicable" if they are in full compliance with
1351the conditions of permits under chapters 40E-61 and 40E-63,
1352Florida Administrative Code.
1353     3.  By January 1, 2004, the district shall submit to the
1354department a permit modification to the Lake Okeechobee
1355structure permits to incorporate proposed changes necessary to
1356ensure that discharges through the structures covered by this
1357permit achieve state water quality standards, including the
1358total maximum daily load established in accordance with s.
1359403.067. These changes shall be designed to achieve such
1360compliance with state water quality standards no later than
1361January 1, 2015.
1362     (d)  The department shall require permits for Lake
1363Okeechobee Construction Project facilities. However, projects
1364identified in sub-subparagraph (3)(b)1.b. that qualify as exempt
1365pursuant to s. 373.406 shall not need permits under this
1366section. Such permits shall be issued for a term of 5 years upon
1367the demonstration of reasonable assurances that:
1368     1.  The Lake Okeechobee Construction Project facility,
1369based upon the conceptual design documents and any subsequent
1370detailed design documents developed by the district, will
1371achieve the design objectives for phosphorus required in
1372paragraph (3)(b);
1373     2.  For water quality standards other than phosphorus, the
1374quality of water discharged from the facility is of equal or
1375better quality than the inflows;
1376     3.  Discharges from the facility do not pose a serious
1377danger to public health, safety, or welfare; and
1378     4.  Any impacts on wetlands or state-listed species
1379resulting from implementation of that facility of the Lake
1380Okeechobee Construction Project are minimized and mitigated, as
1381appropriate.
1382     (e)  At least 60 days prior to the expiration of any permit
1383issued under this section, the permittee may apply for a renewal
1384thereof for a period of 5 years.
1385     (f)  Permits issued under this section may include any
1386standard conditions provided by department rule which are
1387appropriate and consistent with this section.
1388     (g)  Permits issued pursuant to this section may be
1389modified, as appropriate, upon review and approval by the
1390department.
1391     (8)(5)  RESTRICTIONS ON WATER DIVERSIONS.--The South
1392Florida Water Management District shall not divert waters to the
1393St. Lucie River, the Indian River estuary, the Caloosahatchee
1394River or its estuary, or the Everglades National Park, in such a
1395way that the state water quality standards are violated, that
1396the nutrients in such diverted waters adversely affect
1397indigenous vegetation communities or wildlife, or that fresh
1398waters diverted to the St. Lucie River or the Caloosahatchee or
1399Indian River estuaries adversely affect the estuarine vegetation
1400or wildlife, unless the receiving waters will biologically
1401benefit by the diversion.  However, diversion is permitted when
1402an emergency is declared by the water management district, if
1403the Secretary of Environmental Protection concurs.
1404     (9)(6)  PRESERVATION OF PROVISIONS RELATING TO THE
1405EVERGLADES.--Nothing in this section shall be construed to
1406modify any provision of s. 373.4592.
1407     (10)(7)  RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing in
1408this section is intended to diminish or alter the governmental
1409authority and powers of the Seminole Tribe of Florida, or
1410diminish or alter the rights of that tribe, including, but not
1411limited to, rights under the water rights compact among the
1412Seminole Tribe of Florida, the state, and the South Florida
1413Water Management District as enacted by Pub. L. No. 100-228, 101
1414Stat. 1556, and chapter 87-292, Laws of Florida, and codified in
1415s. 285.165, and rights under any other agreement between the
1416Seminole Tribe of Florida and the state or its agencies.  No
1417land of the Seminole Tribe of Florida shall be used for water
1418storage or stormwater treatment without the consent of the
1419tribe.
1420     (11)(8)  RELATIONSHIP TO STATE WATER QUALITY
1421STANDARDS.--Nothing in this section shall be construed to modify
1422any existing state water quality standard or to modify the
1423provisions of s. 403.067(6) and (7)(a).
1424     (12)  RULES.--The governing board of the district is
1425authorized to adopt rules pursuant to ss. 120.536(1) and 120.54
1426to implement the provisions of this section.
1427     (13)(9)  PRESERVATION OF AUTHORITY.--Nothing in this
1428section shall be construed to restrict the authority otherwise
1429granted to agencies pursuant to chapters 373 and 403, and
1430provisions of this section shall be deemed supplemental to the
1431authority granted to agencies pursuant to chapters 373 and 403.
1432     Section 6.  Subsections (2), (4), (5), and (6) of section
1433373.470, Florida Statutes, are amended to read:
1434     373.470  Everglades restoration.--
1435     (2)  DEFINITIONS.--As used in this section, the term:
1436     (a)  "Caloosahatchee River Watershed Protection Plan" means
1437the plan developed pursuant to s. 373.4595.
1438     (b)(a)  "Comprehensive plan" means the recommended
1439comprehensive plan contained within the "Final Integrated
1440Feasibility Report and Programmatic Environmental Impact
1441Statement, April 1999" and submitted to Congress on July 1,
14421999.
1443     (c)(b)  "Corps" means the United States Army Corps of
1444Engineers.
1445     (d)(c)  "District" means the South Florida Water Management
1446District.
1447     (e)  "Lake Okeechobee Watershed Protection Plan" means the
1448plan developed pursuant to s. 375.4595 and ss. 373.451-373.459.
1449     (f)(d)  "Project" means the Central and Southern Florida
1450Project authorized under the heading "CENTRAL AND SOUTHERN
1451FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat.
14521176), and any modification to the project authorized by law.
1453     (g)(e)  "Project component" means any structural or
1454operational change, resulting from the comprehensive plan, to
1455the project as it existed and was operated as of January 1,
14561999.
1457     (h)(f)  "Project implementation report" means the project
1458implementation report as described in the "Final Integrated
1459Feasibility Report and Programmatic Environmental Impact
1460Statement, April 1999" and submitted to Congress on July 1,
14611999.
1462     (i)  "River Watershed Protection Plans" means the
1463Caloosahatchee River Watershed Protection Plan and the St. Lucie
1464River Watershed Protection Plan as defined in this subsection.
1465     (j)  "St. Lucie River Watershed Protection Plan" means the
1466plan developed pursuant to s. 373.4595.
1467     (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
1468DEPOSIT.--The following funds may be deposited into the Save Our
1469Everglades Trust Fund created by s. 373.472 to finance
1470implementation of the comprehensive plan, the Lake Okeechobee
1471Watershed Protection Plan, and the River Watershed Protection
1472Plans:
1473     (a)  In fiscal year 2000-2001, funds described in s.
1474259.101(3).
1475     (a)(b)  Funds described in subsection (5).
1476     (b)(c)  Federal funds appropriated by Congress for
1477implementation of the comprehensive plan, the Lake Okeechobee
1478Watershed Protection Plan, or the River Watershed Protection
1479Plans.
1480     (c)(d)  Any additional funds appropriated by the
1481Legislature for the purpose of implementing the comprehensive
1482plan, the Lake Okeechobee Watershed Protection Plan, or the
1483River Watershed Protection Plans.
1484     (d)(e)  Gifts designated for implementation of the
1485comprehensive plan, the Lake Okeechobee Watershed Protection
1486Plan, or the River Watershed Protection Plans from individuals,
1487corporations, or other entities.
1488     (e)(f)  Funds made available pursuant to s. 201.15 for debt
1489service for Everglades restoration bonds.
1490     (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
1491     (a)1.  For fiscal year 2000-2001, $50 million of state
1492funds shall be deposited into the Save Our Everglades Trust Fund
1493created by s. 373.472.
1494     (a)2.  For each year of the 13 9 consecutive years
1495beginning with fiscal year 2007-2008 2001-2002, $75 million of
1496state funds may shall be deposited into the Save Our Everglades
1497Trust Fund created by s. 373.472.
1498     (b)3.  As an alternative to subparagraph 2., Proceeds of
1499bonds issued under s. 215.619 may be deposited into the Save Our
1500Everglades Trust Fund created under s. 373.472.  To enhance
1501flexibility, funds to be deposited into the Save Our Everglades
1502Trust Fund may consist of any combination of state funds and
1503Everglades restoration bonds.
1504     (b)  For each year of the 2 consecutive years beginning
1505with fiscal year 2000-2001, the department shall deposit $25
1506million of the funds allocated to the district by the department
1507under s. 259.105(11)(a) into the Save Our Everglades Trust Fund
1508created by s. 373.472.
1509     (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.--
1510     (a)  Except for funds appropriated for debt service, the
1511department shall distribute funds in the Save Our Everglades
1512Trust Fund to the district in accordance with a legislative
1513appropriation and s. 373.026(8)(b) and (c). Distribution of
1514funds to the district from the Save Our Everglades Trust Fund
1515shall be equally matched by the cumulative contributions from
1516the district all local sponsors by fiscal year 2019-2020 2009-
15172010 by providing funding or credits toward project components.
1518The dollar value of in-kind project design and construction work
1519by the district local sponsors in furtherance of the
1520comprehensive plan and existing interest in public lands needed
1521for a project component are credits towards the district's local
1522sponsors' contributions.
1523     (b)  The department shall distribute funds in the Save Our
1524Everglades Trust Fund to the district in accordance with a
1525legislative appropriation for debt service for Everglades
1526restoration bonds.
1527     (c)  To the extent that funds are available, the department
1528may reserve a minimum of $10 million dollars annually from the
1529Save Our Everglades Trust Fund for the purpose of implementation
1530of the River Watershed Protection Plans within the Northern
1531Everglades as identified in s. 373.4595. Distribution of funds
1532from the Save Our Everglades Trust Fund for the implementation
1533of the River Watershed Protection Plans shall be in accordance
1534with paragraph (a) and shall be equally matched by the district
1535and Lee and Martin Counties by fiscal year 2019-2020 by
1536providing funding or credits toward project components. The
1537dollar value of in-kind project design and construction work by
1538the district or the counties in furtherance of the River
1539Watershed Protection Plans and existing interest in public lands
1540needed for a project component are credits towards the
1541district's and counties' contributions.
1542     (d)  Subject to a specific appropriation to the Department
1543of Agriculture and Consumer Services for the purpose of
1544implementing agricultural nonpoint source controls as identified
1545in s. 373.4595 or the legislatively ratified Lake Okeechobee
1546Watershed Protection Plan and the River Watershed Protection
1547Plans, and upon written request by the Department of Agriculture
1548and Consumer Services for the transfer, the department shall
1549transfer an amount equal to such specific appropriation from the
1550Save Our Everglades Trust Fund to the Department of Agriculture
1551and Consumer Services General Inspection Trust Fund. All
1552interest earned on the investment of funds transferred from the
1553Save Our Everglades Trust Fund to the General Inspection Trust
1554Fund shall be credited to the Save Our Everglades Trust Fund by
1555June 30 of each year.
1556     Section 7.  Subsection (1) of section 373.472, Florida
1557Statutes, is amended to read:
1558     373.472  Save Our Everglades Trust Fund.--
1559     (1)  There is created within the Department of
1560Environmental Protection the Save Our Everglades Trust Fund.
1561Funds in the trust fund shall be expended to implement the
1562comprehensive plan defined in s. 373.470(2)(b)(a), the Lake
1563Okeechobee Watershed Protection Plan defined in s. 373.4595(2),
1564the Caloosahatchee River Watershed Protection Plan defined in s.
1565373.4595(2), and the St. Lucie River Watershed Protection Plan
1566defined in s. 373.4595(2), and to pay debt service for
1567Everglades restoration bonds issued pursuant to s. 215.619. The
1568trust fund shall serve as the repository for state, local, and
1569federal project contributions in accordance with s. 373.470(4).
1570     Section 8.  This act shall take effect July 1, 2007.


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