Florida Senate - 2015 CS for CS for SB 918
By the Committees on Appropriations; and Environmental
Preservation and Conservation; and Senators Dean and Margolis
576-04510A-15 2015918c2
1 A bill to be entitled
2 An act relating to environmental resources; amending
3 s. 259.032, F.S.; requiring the Department of
4 Environmental Protection to publish, update, and
5 maintain a database of conservation lands; requiring
6 the department to submit a report by a certain date
7 each year to the Governor and the Legislature
8 identifying the percentage of such lands which the
9 public has access to and the efforts the department
10 has undertaken to increase public access; amending ss.
11 260.0144 and 335.065, F.S.; conforming provisions to
12 changes made by the act; creating s. 339.81, F.S.;
13 creating the Florida Shared-Use Nonmotorized Trail
14 Network; specifying the composition of the network;
15 requiring the network to be included in the Department
16 of Transportation’s work program; declaring the
17 planning, development, operation, and maintenance of
18 the network to be a public purpose; authorizing the
19 department to transfer maintenance responsibilities to
20 certain state agencies and contract with not-for
21 profit or private sector entities to provide
22 maintenance services; authorizing the department to
23 adopt rules; providing an appropriation; creating s.
24 339.82, F.S.; requiring the department to develop a
25 network plan for the Florida Shared-Use Nonmotorized
26 Trail Network; creating s. 339.83, F.S.; authorizing
27 the department to enter into concession agreements
28 with not-for-profit or private sector entities for
29 certain commercial sponsorship signs, markings, and
30 exhibits; authorizing the department to contract for
31 the provision of certain services related to the trail
32 sponsorship program; authorizing the department to
33 adopt rules; amending s. 373.019, F.S.; revising the
34 definition of the term “water resource development” to
35 include technical assistance to self-suppliers under
36 certain circumstances; amending s. 373.036, F.S.;
37 requiring certain information to be included in the
38 consolidated annual report for all projects related to
39 water quality or water quantity; creating s. 373.037,
40 F.S.; defining terms; providing legislative findings;
41 authorizing certain water management districts to
42 designate and implement pilot projects; providing
43 powers and limitations for the governing boards of
44 such water management districts; requiring a
45 participating water management district to submit a
46 report to the Governor and the Legislature on the
47 effectiveness of its pilot project by a certain date;
48 amending s. 373.042, F.S.; requiring the Department of
49 Environmental Protection or the governing board of a
50 water management district to adopt a minimum flow or
51 minimum water level for an Outstanding Florida Spring
52 using emergency rulemaking authority under certain
53 circumstances; requiring collaboration in the
54 development and implementation of recovery or
55 prevention strategies under certain circumstances;
56 authorizing the department to use emergency rulemaking
57 procedures under certain circumstances; amending s.
58 373.0421, F.S.; directing the department or the water
59 management district governing boards to adopt and
60 implement certain recovery or prevention strategies
61 concurrent with the adoption of minimum flows and
62 minimum water levels; providing criteria for such
63 recovery or prevention strategies; requiring certain
64 amendments to regional water supply plans to be
65 concurrent with relevant portions of the recovery or
66 prevention strategy; directing water management
67 districts to notify the department when water use
68 permit applications are denied for a specified reason;
69 providing for the review and update of regional water
70 supply plans in such cases; creating s. 373.0465,
71 F.S.; providing legislative intent; defining the term
72 “Central Florida Water Initiative Area”; requiring the
73 department, the St. Johns River Water Management
74 District, the South Florida Water Management District,
75 the Southwest Florida Water Management District, and
76 the Department of Agriculture and Consumer Services to
77 develop and implement a multidistrict regional water
78 supply plan; providing plan criteria and requirements;
79 providing applicability; requiring the department to
80 adopt rules; amending s. 373.1501, F.S.; specifying
81 authority of the South Florida Water Management
82 District to allocate quantities of, and assign
83 priorities for the use of, water within its
84 jurisdiction; directing the district to provide
85 recommendations to the United States Army Corps of
86 Engineers when developing or implementing certain
87 water control plans or regulation schedules; amending
88 s. 373.219, F.S.; requiring the department to adopt
89 certain uniform rules; amending s. 373.223, F.S.;
90 requiring consumptive use permits authorizing over a
91 certain amount to be monitored on a specified basis;
92 amending s. 373.2234, F.S.; directing water management
93 district governing boards to consider the
94 identification of preferred water supply sources for
95 certain water users; amending s. 373.227, F.S.;
96 prohibiting water management districts from modifying
97 permitted allocation amounts under certain
98 circumstances; requiring the water management
99 districts to adopt rules to promote water conservation
100 incentives; amending s. 373.233, F.S.; providing
101 conditions under which the department and water
102 management district governing boards are directed to
103 give preference to certain applications; amending s.
104 373.4591, F.S.; providing priority consideration to
105 certain public-private partnerships for water storage,
106 groundwater recharge, and water quality improvements
107 on private agricultural lands; amending s. 373.4595,
108 F.S.; revising and providing definitions relating to
109 the Northern Everglades and Estuaries Protection
110 Program; clarifying provisions of the Lake Okeechobee
111 Watershed Protection Program; directing the South
112 Florida Water Management District to revise certain
113 rules and provide for a watershed research and water
114 quality monitoring program; revising provisions for
115 the Caloosahatchee River Watershed Protection Program
116 and the St. Lucie River Watershed Protection Program;
117 revising permitting and annual reporting requirements
118 relating to the Northern Everglades and Estuaries
119 Protection Program; revising requirements for certain
120 basin management action plans; amending s.
121 373.467, F.S.; revising the qualifications for
122 membership on the Harris Chain of Lakes Restoration
123 Council; authorizing the Lake County legislative
124 delegation to waive such membership qualifications for
125 good cause; providing for council vacancies; amending
126 s. 373.536, F.S.; requiring a water management
127 district to include an annual funding plan in the
128 water resource development work program; directing the
129 department to post the work program on its website;
130 amending s. 373.703, F.S.; authorizing water
131 management districts to join with private landowners
132 for the purpose of carrying out their powers; amending
133 s. 373.705, F.S.; revising legislative intent;
134 requiring water management district governing boards
135 to include certain information in their annual budget
136 submittals; requiring water management districts to
137 promote expanded cost-share criteria for additional
138 conservation practices; amending s. 373.707, F.S.;
139 authorizing water management districts to provide
140 technical and financial assistance to certain self
141 suppliers and to waive certain construction costs of
142 alternative water supply development projects
143 sponsored by certain water users; amending s. 373.709,
144 F.S.; requiring regional water supply plans to include
145 traditional and alternative water supply project
146 options that are technically and financially feasible;
147 directing the department to include certain funding
148 analyses and project explanations in regional water
149 supply planning reports; creating part VIII of ch.
150 373, F.S., entitled the “Florida Springs and Aquifer
151 Protection Act”; creating s. 373.801, F.S.; providing
152 legislative findings and intent; creating s. 373.802,
153 F.S.; defining terms; creating s. 373.803, F.S.;
154 requiring the department to delineate a priority focus
155 area for each Outstanding Florida Spring by a certain
156 date; creating s. 373.805, F.S.; requiring a water
157 management district or the department to adopt or
158 revise various recovery or prevention strategies under
159 certain circumstances; providing minimum requirements
160 for recovery or prevention strategies for Outstanding
161 Florida Springs; authorizing local governments to
162 apply for an extension for projects in an adopted
163 recovery or prevention strategy; creating s. 373.807,
164 F.S.; requiring the department to initiate assessments
165 of Outstanding Florida Springs by a certain date;
166 requiring the department to develop basin management
167 action plans; authorizing local governments to apply
168 for an extension for projects in an adopted basin
169 management action plan; requiring certain local
170 governments to develop, enact, and implement an urban
171 fertilizer ordinance by a certain date; requiring the
172 department in consultation with the Department of
173 Health and relevant local governments and utilities,
174 to develop onsite sewage treatment and disposal system
175 remediation plans under certain circumstances;
176 creating s. 373.811, F.S.; specifying prohibited
177 activities within a priority focus area of an
178 Outstanding Florida Spring; creating s. 373.813, F.S.;
179 providing rulemaking authority; amending s. 403.061,
180 F.S.; requiring the department to create a
181 consolidated water resources work plan; directing the
182 department to adopt by rule a specific surface water
183 classification to protect surface waters used for
184 treated potable water supply; providing criteria for
185 such rule; authorizing the reclassification of surface
186 waters used for treated potable water supply
187 notwithstanding such rule; requiring the department to
188 create and maintain a web-based interactive map;
189 creating s. 403.0616, F.S.; creating the Florida Water
190 Resources Advisory Council to provide the Legislature
191 with recommendations for projects submitted by
192 governmental entities; requiring the council to
193 consolidate various reports to enhance the water
194 resources of this state; requiring the department to
195 adopt rules; creating s. 403.0617, F.S.; requiring the
196 department to propose for adoption rules to
197 competitively evaluate and rank projects for selection
198 and prioritization by the Water Resources Advisory
199 Council by a certain date; amending s. 403.0623, F.S.;
200 requiring the department to establish certain
201 standards; requiring state agencies and water
202 management districts to show that they followed the
203 department’s standards in order to receive certain
204 funding; amending s. 403.067, F.S.; providing
205 requirements for new or revised best management action
206 plans; requiring the department adopt rules relating
207 to the enforcement and verification of best management
208 action plans and management strategies; creating s.
209 403.0675, F.S.; requiring the department and the
210 Department of Agriculture and Consumer Services to
211 post annual progress reports on their websites and
212 submit such reports to the Governor and the
213 Legislature; requiring each water management district
214 to post the Department of Environmental Protection’s
215 report on its website; amending s. 403.861, F.S.;
216 directing the department to add treated potable water
217 supply as a designated use of a surface water segment
218 under certain circumstances; providing an effective
219 date.
220
221 Be It Enacted by the Legislature of the State of Florida:
222
223 Section 1. Paragraph (g) is added to subsection (11) of
224 section 259.032, Florida Statutes, to read:
225 259.032 Conservation and Recreation Lands Trust Fund;
226 purpose.—
227 (11)
228 (g) In order to ensure that the public has knowledge of and
229 access to conservation lands, as defined in s. 253.034(2)(c),
230 the department shall publish, update, and maintain a database of
231 such lands where public access is compatible with conservation
232 and recreation purposes.
233 1. By July 1, 2016, the database must be available to the
234 public online and must include, at a minimum, the location,
235 types of allowable recreational opportunities, points of public
236 access, facilities or other amenities, restrictions, and any
237 other information the department deems appropriate to increase
238 public awareness of recreational opportunities on conservation
239 lands. Such data must be electronically accessible, searchable,
240 and downloadable in a generally acceptable format.
241 2. The department, through its own efforts or through
242 partnership with a third-party entity, shall create an
243 application downloadable on mobile devices to be used to locate
244 state lands available for public access using the user’s
245 locational information or based upon an activity of interest.
246 3. The database and application must include information
247 for all state conservation lands to which the public has a right
248 of access for recreational purposes. Beginning January 1, 2018,
249 to the greatest extent practicable, the database shall include
250 similar information for lands owned by federal and local
251 government entities that allow access for recreational purposes.
252 4. By January 1 of each year, the department shall provide
253 a report to the Governor, the President of the Senate, and the
254 Speaker of the House of Representatives describing the
255 percentage of public lands acquired under this chapter to which
256 the public has access and efforts undertaken by the department
257 to increase public access to such lands.
258 Section 2. Section 260.0144, Florida Statutes, is amended
259 to read:
260 260.0144 Sponsorship of state greenways and trails.—The
261 department may enter into a concession agreement with a not-for
262 profit entity or private sector business or entity for
263 commercial sponsorship to be displayed on state greenway and
264 trail facilities not included within the Shared-Use Nonmotorized
265 Trail Network established in chapter 339 or property specified
266 in this section. The department may establish the cost for
267 entering into a concession agreement.
268 (1) A concession agreement shall be administered by the
269 department and must include the requirements found in this
270 section.
271 (2)(a) Space for a commercial sponsorship display may be
272 provided through a concession agreement on certain state-owned
273 greenway or trail facilities or property.
274 (b) Signage or displays erected under this section shall
275 comply with the provisions of s. 337.407 and chapter 479, and
276 shall be limited as follows:
277 1. One large sign or display, not to exceed 16 square feet
278 in area, may be located at each trailhead or parking area.
279 2. One small sign or display, not to exceed 4 square feet
280 in area, may be located at each designated trail public access
281 point.
282 (c) Before installation, each name or sponsorship display
283 must be approved by the department.
284 (d) The department shall ensure that the size, color,
285 materials, construction, and location of all signs are
286 consistent with the management plan for the property and the
287 standards of the department, do not intrude on natural and
288 historic settings, and contain only a logo selected by the
289 sponsor and the following sponsorship wording:
290
291 ...(Name of the sponsor)... proudly sponsors the costs
292 of maintaining the ...(Name of the greenway or
293 trail)....
294
295 (e) Sponsored state greenways and trails are authorized at
296 the following facilities or property:
297 1. Florida Keys Overseas Heritage Trail.
298 2. Blackwater Heritage Trail.
299 3. Tallahassee-St. Marks Historic Railroad State Trail.
300 4. Nature Coast State Trail.
301 5. Withlacoochee State Trail.
302 6. General James A. Van Fleet State Trail.
303 7. Palatka-Lake Butler State Trail.
304 (e)(f) The department may enter into commercial sponsorship
305 agreements for other state greenways or trails as authorized in
306 this section. A qualified entity that desires to enter into a
307 commercial sponsorship agreement shall apply to the department
308 on forms adopted by department rule.
309 (f)(g) All costs of a display, including development,
310 construction, installation, operation, maintenance, and removal
311 costs, shall be paid by the concessionaire.
312 (3) A concession agreement shall be for a minimum of 1
313 year, but may be for a longer period under a multiyear
314 agreement, and may be terminated for just cause by the
315 department upon 60 days’ advance notice. Just cause for
316 termination of a concession agreement includes, but is not
317 limited to, violation of the terms of the concession agreement
318 or any provision of this section.
319 (4) Commercial sponsorship pursuant to a concession
320 agreement is for public relations or advertising purposes of the
321 not-for-profit entity or private sector business or entity, and
322 may not be construed by that not-for-profit entity or private
323 sector business or entity as having a relationship to any other
324 actions of the department.
325 (5) This section does not create a proprietary or
326 compensable interest in any sign, display site, or location.
327 (6) Proceeds from concession agreements shall be
328 distributed as follows:
329 (a) Eighty-five percent shall be deposited into the
330 appropriate department trust fund that is the source of funding
331 for management and operation of state greenway and trail
332 facilities and properties.
333 (b) Fifteen percent shall be deposited into the State
334 Transportation Trust Fund for use in the Traffic and Bicycle
335 Safety Education Program and the Safe Paths to School Program
336 administered by the Department of Transportation.
337 (7) The department may adopt rules to administer this
338 section.
339 Section 3. Subsections (3) and (4) of section 335.065,
340 Florida Statutes, are amended to read:
341 335.065 Bicycle and pedestrian ways along state roads and
342 transportation facilities.—
343 (3) The department, in cooperation with the Department of
344 Environmental Protection, shall establish a statewide integrated
345 system of bicycle and pedestrian ways in such a manner as to
346 take full advantage of any such ways which are maintained by any
347 governmental entity. The department may enter into a concession
348 agreement with a not-for-profit entity or private sector
349 business or entity for commercial sponsorship displays on
350 multiuse trails and related facilities and use any concession
351 agreement revenues for the maintenance of the multiuse trails
352 and related facilities. Commercial sponsorship displays are
353 subject to the requirements of the Highway Beautification Act of
354 1965 and all federal laws and agreements, when applicable. For
355 the purposes of this section, bicycle facilities may be
356 established as part of or separate from the actual roadway and
357 may utilize existing road rights-of-way or other rights-of-way
358 or easements acquired for public use.
359 (a) A concession agreement shall be administered by the
360 department and must include the requirements of this section.
361 (b)1. Signage or displays erected under this section shall
362 comply with s. 337.407 and chapter 479 and shall be limited as
363 follows:
364 a. One large sign or display, not to exceed 16 square feet
365 in area, may be located at each trailhead or parking area.
366 b. One small sign or display, not to exceed 4 square feet
367 in area, may be located at each designated trail public access
368 point.
369 2. Before installation, each name or sponsorship display
370 must be approved by the department.
371 3. The department shall ensure that the size, color,
372 materials, construction, and location of all signs are
373 consistent with the management plan for the property and the
374 standards of the department, do not intrude on natural and
375 historic settings, and contain only a logo selected by the
376 sponsor and the following sponsorship wording:
377
378 ...(Name of the sponsor)... proudly sponsors the costs
379 of maintaining the ...(Name of the greenway or
380 trail)....
381
382 4. All costs of a display, including development,
383 construction, installation, operation, maintenance, and removal
384 costs, shall be paid by the concessionaire.
385 (c) A concession agreement shall be for a minimum of 1
386 year, but may be for a longer period under a multiyear
387 agreement, and may be terminated for just cause by the
388 department upon 60 days’ advance notice. Just cause for
389 termination of a concession agreement includes, but is not
390 limited to, violation of the terms of the concession agreement
391 or this section.
392 (4)(a) The department may use appropriated funds to support
393 the establishment of a statewide system of interconnected
394 multiuse trails and to pay the costs of planning, land
395 acquisition, design, and construction of such trails and related
396 facilities. The department shall give funding priority to
397 projects that:
398 1. Are identified by the Florida Greenways and Trails
399 Council as a priority within the Florida Greenways and Trails
400 System under chapter 260.
401 2. Support the transportation needs of bicyclists and
402 pedestrians.
403 3. Have national, statewide, or regional importance.
404 4. Facilitate an interconnected system of trails by
405 completing gaps between existing trails.
406 (b) A project funded under this subsection shall:
407 1. Be included in the department’s work program developed
408 in accordance with s. 339.135.
409 2. Be operated and maintained by an entity other than the
410 department upon completion of construction. The department is
411 not obligated to provide funds for the operation and maintenance
412 of the project.
413 Section 4. Section 339.81, Florida Statutes, is created to
414 read:
415 339.81 Florida Shared-Use Nonmotorized Trail Network.—
416 (1) The Legislature finds that increasing demands continue
417 to be placed on the state’s transportation system by a growing
418 economy, continued population growth, and increasing tourism.
419 The Legislature also finds that significant challenges exist in
420 providing additional capacity to the conventional transportation
421 system and enhanced accommodation of alternative travel modes to
422 meet the needs of residents and visitors are required. The
423 Legislature further finds that improving bicyclist and
424 pedestrian safety for both residents and visitors remains a high
425 priority. Therefore, the Legislature declares that the
426 development of a nonmotorized trail network will increase
427 mobility and recreational alternatives for residents and
428 visitors of this state, enhance economic prosperity, enrich
429 quality of life, enhance safety, and reflect responsible
430 environmental stewardship. To that end, it is the intent of the
431 Legislature that the department make use of its expertise in
432 efficiently providing transportation projects and develop the
433 Florida Shared-Use Nonmotorized Trail Network, consisting of a
434 statewide network of nonmotorized trails, which allows
435 nonmotorized vehicles and pedestrians to access a variety of
436 origins and destinations with limited exposure to motorized
437 vehicles.
438 (2) The Florida Shared-Use Nonmotorized Trail Network is
439 created as a component of the Florida Greenways and Trails
440 System established in chapter 260. The statewide network
441 consists of multiuse trails or shared-use paths physically
442 separated from motor vehicle traffic and constructed with
443 asphalt, concrete, or another hard surface which, by virtue of
444 design, location, extent of connectivity or potential
445 connectivity, and allowable uses, provides nonmotorized
446 transportation opportunities for bicyclists and pedestrians
447 statewide between and within a wide range of points of origin
448 and destinations, including, but not limited to, communities,
449 conservation areas, state parks, beaches, and other natural or
450 cultural attractions for a variety of trip purposes, including
451 work, school, shopping, and other personal business, as well as
452 social, recreational, and personal fitness purposes.
453 (3) Network components do not include sidewalks, nature
454 trails, loop trails wholly within a single park or natural area,
455 or on-road facilities, such as bicycle lanes or routes other
456 than:
457 (a) On-road facilities that are no longer than one-half
458 mile connecting two or more nonmotorized trails, if the
459 provision of a non-motorized trail without the use of the on
460 road facility is not feasible, and if such on-road facilities
461 are signed and marked for nonmotorized use; or
462 (b) On-road components of the Florida Keys Overseas
463 Heritage Trail.
464 (4) The planning, development, operation, and maintenance
465 of the Florida Shared-Use Nonmotorized Trail Network is declared
466 to be a public purpose, and the department, together with other
467 agencies of this state and all counties, municipalities, and
468 special districts of this state, may spend public funds for such
469 purposes and accept gifts and grants of funds, property, or
470 property rights from public or private sources to be used for
471 such purposes.
472 (5) The department shall include the Florida Shared-Use
473 Nonmotorized Trail Network in its work program developed
474 pursuant to s. 339.135. For purposes of funding and maintaining
475 projects within the network, the department shall allocate in
476 its program and resource plan a minimum of $50 million annually,
477 beginning in the 2015-2016 fiscal year.
478 (6) The department may enter into a memorandum of agreement
479 with a local government or other agency of the state to transfer
480 maintenance responsibilities of an individual network component.
481 The department may contract with a not-for-profit entity or
482 private sector business or entity to provide maintenance
483 services on an individual network component.
484 (7) The department may adopt rules to aid in the
485 development and maintenance of components of the network.
486 Section 5. Section 339.82, Florida Statutes, is created to
487 read:
488 339.82 Shared-Use Nonmotorized Trail Network Plan.—
489 (1) The department shall develop a network plan for the
490 Florida Shared-Use Nonmotorized Trail Network in coordination
491 with the Department of Environmental Protection, metropolitan
492 planning organizations, affected local governments and public
493 agencies, and the Florida Greenways and Trails Council. The plan
494 must be consistent with the Florida Greenways and Trails Plan
495 developed under s. 260.014 and must be updated at least once
496 every 5 years.
497 (2) The network plan must include all of the following:
498 (a) A needs assessment, including, but not limited to, a
499 comprehensive inventory and analysis of existing trails that may
500 be considered for inclusion in the Florida Shared-Use
501 Nonmotorized Trail Network.
502 (b) A project prioritization process that includes
503 assigning funding priority to projects that:
504 1. Are identified by the Florida Greenways and Trails
505 Council as a priority within the Florida Greenways and Trails
506 System under chapter 260;
507 2. Facilitate an interconnected network of trails by
508 completing gaps between existing facilities; and
509 3. Maximize use of federal, local, and private funding and
510 support mechanisms, including, but not limited to, donation of
511 funds, real property, and maintenance responsibilities.
512 (c) A map that illustrates existing and planned facilities
513 and identifies critical gaps between facilities.
514 (d) A finance plan based on reasonable projections of
515 anticipated revenues, including both 5-year and 10-year cost
516 feasible components.
517 (e) Performance measures that include quantifiable
518 increases in trail network access and connectivity.
519 (f) A timeline for the completion of the base network using
520 new and existing data from the department, the Department of
521 Environmental Protection, and other sources.
522 (g) A marketing plan prepared in consultation with the
523 Florida Tourism Industry Marketing Corporation.
524 Section 6. Section 339.83, Florida Statutes, is created to
525 read:
526 339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
527 (1) The department may enter into a concession agreement
528 with a not-for-profit entity or private sector business or
529 entity for commercial sponsorship signs, pavement markings, and
530 exhibits on nonmotorized trails and related facilities
531 constructed as part of the Shared-Use Nonmotorized Trail
532 Network. The concession agreement may also provide for
533 recognition of trail sponsors in any brochure, map, or website
534 providing trail information. Trail websites may provide links to
535 sponsors. Revenue from such agreements may be used for the
536 maintenance of the nonmotorized trails and related facilities.
537 (a) A concession agreement shall be administered by the
538 department.
539 (b)1. Signage, pavement markings, or exhibits erected
540 pursuant to this section must comply with s. 337.407 and chapter
541 479 and are limited as follows:
542 a. One large sign, pavement marking, or exhibit, not to
543 exceed 16 square feet in area, may be located at each trailhead
544 or parking area.
545 b. One small sign, pavement marking, or exhibit, not to
546 exceed 4 square feet in area, may be located at each designated
547 trail public access point where parking is not provided.
548 c. Pavement markings denoting specified distances must be
549 located at least 1 mile apart.
550 2. Before installation, each sign, pavement marking, or
551 exhibit must be approved by the department.
552 3. The department shall ensure that the size, color,
553 materials, construction, and location of all signs, pavement
554 markings, and exhibits are consistent with the management plan
555 for the property and the standards of the department, do not
556 intrude on natural and historic settings, and contain a logo
557 selected by the sponsor and the following sponsorship wording:
558
559 ...(Name of the sponsor)... proudly sponsors the costs
560 of maintaining the ...(Name of the greenway or
561 trail)...
562
563 4. Exhibits may provide additional information and
564 materials, including, but not limited to, maps and brochures for
565 trail user services related or proximate to the trail. Pavement
566 markings may display mile marker information.
567 5. The costs of a sign, pavement marking, or exhibit,
568 including development, construction, installation, operation,
569 maintenance, and removal costs, shall be paid by the
570 concessionaire.
571 (c) A concession agreement shall be for a minimum of 1
572 year, but may be for a longer period under a multiyear
573 agreement, and may be terminated for just cause by the
574 department upon 60 days’ advance notice. Just cause for
575 termination of a concession agreement includes, but is not
576 limited to, violation of the terms of the concession agreement
577 or this section.
578 (2) Pursuant to s. 287.057, the department may contract for
579 the provision of services related to the trail sponsorship
580 program, including recruitment and qualification of businesses,
581 review of applications, permit issuance, and fabrication,
582 installation, and maintenance of signs, pavement markings, and
583 exhibits. The department may reject all proposals and seek
584 another request for proposals or otherwise perform the work. The
585 contract may allow the contractor to retain a portion of the
586 annual fees as compensation for its services.
587 (3) This section does not create a proprietary or
588 compensable interest in any sponsorship site or location for any
589 permittee, and the department may terminate permits or change
590 locations of sponsorship sites as it determines necessary for
591 construction or improvement of facilities.
592 (4) The department may adopt rules to establish
593 requirements for qualification of businesses, qualification and
594 location of sponsorship sites, and permit applications and
595 processing. The department may adopt rules to establish other
596 criteria necessary to implement this section and to provide for
597 variances when necessary to serve the interest of the public or
598 when required to ensure equitable treatment of program
599 participants.
600 Section 7. Subsection (24) of section 373.019, Florida
601 Statutes, is amended to read:
602 373.019 Definitions.—When appearing in this chapter or in
603 any rule, regulation, or order adopted pursuant thereto, the
604 term:
605 (24) “Water resource development” means the formulation and
606 implementation of regional water resource management strategies,
607 including the collection and evaluation of surface water and
608 groundwater data; structural and nonstructural programs to
609 protect and manage water resources; the development of regional
610 water resource implementation programs; the construction,
611 operation, and maintenance of major public works facilities to
612 provide for flood control, surface and underground water
613 storage, and groundwater recharge augmentation; and related
614 technical assistance to local governments, and to government
615 owned and privately owned water utilities, and self-suppliers to
616 the extent assistance to self-suppliers promotes the policies as
617 set forth in s. 373.016.
618 Section 8. Paragraph (b) of subsection (7) of section
619 373.036, Florida Statutes, is amended to read:
620 373.036 Florida water plan; district water management
621 plans.—
622 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
623 (b) The consolidated annual report shall contain the
624 following elements, as appropriate to that water management
625 district:
626 1. A district water management plan annual report or the
627 annual work plan report allowed in subparagraph (2)(e)4.
628 2. The department-approved minimum flows and minimum water
629 levels annual priority list and schedule required by s.
630 373.042(3) s. 373.042(2).
631 3. The annual 5-year capital improvements plan required by
632 s. 373.536(6)(a)3.
633 4. The alternative water supplies annual report required by
634 s. 373.707(8)(n).
635 5. The final annual 5-year water resource development work
636 program required by s. 373.536(6)(a)4.
637 6. The Florida Forever Water Management District Work Plan
638 annual report required by s. 373.199(7).
639 7. The mitigation donation annual report required by s.
640 373.414(1)(b)2.
641 8. Information on all projects related to water quality or
642 water quantity as part of a 5-year work program, including:
643 a. A list of all specific projects identified to implement
644 a basin management action plan or a recovery or prevention
645 strategy;
646 b. A priority ranking for each listed project for which
647 state funding through the water resources work program is
648 requested, which must be made available to the public for
649 comment at least 30 days before submission of the consolidated
650 annual report;
651 c. The estimated cost for each listed project;
652 d. The estimated completion date for each listed project;
653 e. The source and amount of financial assistance to be made
654 available by the department, a water management district, or
655 other entity for each listed project; and
656 f. A quantitative estimate of each listed project’s benefit
657 to the watershed, water body, or water segment in which it is
658 located.
659 9. A grade for each watershed, water body, or water segment
660 in which a project listed under subparagraph 8. is located
661 representing the level of impairment and violations of adopted
662 minimum flow or minimum water level. The grading system must
663 reflect the severity of the impairment of the watershed,
664 waterbody, or water segment.
665 Section 9. Section 373.037, Florida Statutes, is created to
666 read:
667 373.037 Pilot program for alternative water supply
668 development in restricted allocation areas.—
669 (1) As used in this section, the term:
670 (a) “Central Florida Water Initiative Area” means all of
671 Orange, Osceola, Polk, and Seminole Counties, and southern Lake
672 County, as designated by the Central Florida Water Initiative
673 Guiding Document of January 30, 2015.
674 (b) “Lower East Coast Regional Water Supply Planning Area”
675 means the areas withdrawing surface and groundwater from Water
676 Conservation Areas 1, 2A, 2B, 3A, and 3B, Grassy Waters
677 Preserve/Water Catchment Area, Pal Mar, J.W. Corbett Wildlife
678 Management Area, Loxahatchee Slough, Loxahatchee River,
679 Riverbend Park, Dupuis Reserve, Jonathan Dickinson State Park,
680 Kitching Creek, Moonshine Creek, Cypress Creek, Hobe Grove
681 Ditch, the Holey Land and Rotenberger Wildlife Management Areas,
682 and the freshwater portions of the Everglades National Park, as
683 designated by the South Florida Water Management District.
684 (c) “Restricted allocation area” means an area within a
685 water supply planning region of the Southwest Florida Water
686 Management District, the South Florida Water Management
687 District, or the St. Johns River Water Management District where
688 the governing board of the water management district has
689 determined that existing sources of water are not adequate to
690 supply water for all existing and future reasonable-beneficial
691 uses and to sustain the water resources and related natural
692 systems for the planning period pursuant to ss. 373.036 and
693 373.709 and where the governing board of the water management
694 district has applied allocation restrictions with regard to the
695 use of specific sources of water. For the purposes of this
696 section, the term includes the Central Florida Water Initiative
697 Area, the Lower East Coast Regional Water Supply Planning Area,
698 the Southern Water Use Caution Area, and the Upper East Coast
699 Regional Water Supply Planning Area.
700 (d) “Southern Water Use Caution Area” means all of Desoto,
701 Hardee, Manatee, and Sarasota Counties and parts of Charlotte,
702 Highlands, Hillsborough, and Polk Counties, as designated by the
703 Southwest Florida Water Management District.
704 (e) “Upper East Coast Regional Water Supply Planning Area”
705 means the areas withdrawing surface and groundwater from the
706 Central and Southern Florida canals or the Floridan Aquifer, as
707 designated by the South Florida Water Management District.
708 (2) The Legislature finds that:
709 (a) Local governments, regional water supply authorities,
710 and government-owned and privately owned water utilities face
711 significant challenges in securing funds for implementing large
712 scale alternative water supply projects in certain restricted
713 allocation areas due to a variety of factors, such as the
714 magnitude of the water resource challenges, the large number of
715 water users, the difficulty of developing multijurisdictional
716 solutions across district, county, or municipal boundaries, and
717 the expense of developing large-scale alternative water supply
718 projects identified in the regional water supply plans pursuant
719 to s. 373.709.
720 (b) These factors make it necessary to provide other
721 options for the Southwest Florida Water Management District, the
722 South Florida Water Management District, and the St. Johns River
723 Water Management District to be able to take the lead in
724 developing and implementing one alternative water supply project
725 within a restricted allocation area as a pilot alternative water
726 supply development project.
727 (c) The development and implementation of an alternative
728 water supply project by the water management districts specified
729 in paragraph (b) within a restricted allocation area as a pilot
730 project is for the benefit of the public health, safety, and
731 welfare and is in the public interest. Each pilot project must
732 provide water supply and environmental benefits. Consideration
733 should be given to projects that provide reductions in damaging
734 discharges to tide or that are part of a recovery or prevention
735 strategy for minimum flows and minimum water levels.
736 (3) The water management districts specified in paragraph
737 (2)(b) may, at their sole discretion, designate and implement an
738 existing alternative water supply project that is identified in
739 each district’s regional water supply plan as its one pilot
740 project or amend their respective regional water supply plans to
741 add a new alternative water supply project as their district
742 pilot project. A pilot project designation made pursuant to this
743 section should be made no later than July 1, 2016, and is not
744 subject to the rulemaking requirements of chapter 120 or subject
745 to legal challenge pursuant to ss. 120.569 and 120.57. A water
746 management district may designate an alternative water supply
747 project located within another water management district if the
748 project is located in a restricted allocation area designated by
749 the other water management district and a substantial quantity
750 of water provided by the alternative water supply project will
751 be used within the designating water management district’s
752 boundaries.
753 (4) In addition to the other powers granted and duties
754 imposed under this chapter, if a district specified in paragraph
755 (2)(b) elects to implement a pilot project pursuant to this
756 section, its governing board has the following powers and is
757 subject to the following restrictions in implementing the pilot
758 project:
759 (a) The governing board may not develop and implement a
760 pilot project on privately owned land without the voluntary
761 consent of the landowner, which consent may be evidenced by
762 deed, easement, license, contract, or other written legal
763 instrument executed by the landowner after July 1, 2015.
764 (b) The governing board may not engage in local water
765 supply distribution or sell water to the pilot project
766 participants.
767 (c) The governing board may join with one or more other
768 water management districts and counties, municipalities, special
769 districts, publicly owned or privately owned water utilities,
770 multijurisdictional water supply entities, regional water supply
771 authorities, self-suppliers, or other entities for the purpose
772 of carrying out its powers, and may contract with any such other
773 entities to finance or otherwise implement acquisitions,
774 construction, and operation and maintenance, if such contracts
775 are consistent with the public interest and based upon
776 independent cost estimates, including comparisons with other
777 alternative water supply projects. The contracts may provide for
778 contributions to be made by each party to the contract for the
779 division and apportionment of resulting costs, including
780 operations and maintenance, benefits, services, and products.
781 The contracts may contain other covenants and agreements
782 necessary and appropriate to accomplish their purposes.
783 (5) A water management district may provide up to 50
784 percent of funding assistance for a pilot project.
785 (6) If a water management district specified in paragraph
786 (2)(b) elects to implement a pilot project, it shall submit a
787 report to the Governor, the President of the Senate, and the
788 Speaker of the House of Representatives by July 1, 2019, on the
789 effectiveness of its pilot project. The report must include all
790 of the following information:
791 (a) A description of the alternative water supply project
792 selected as a pilot project, including the quantity of water the
793 project has produced or is expected to produce and the
794 consumptive users who are expected to use the water produced by
795 the pilot project to meet their existing and future reasonable
796 beneficial uses.
797 (b) Progress made in developing and implementing the pilot
798 project in comparison to the development and implementation of
799 other alternative water supply projects in the restricted
800 allocation area.
801 (c) The capital and operating costs to be expended by the
802 water management district in implementing the pilot project in
803 comparison to other alternative water supply projects being
804 developed and implemented in the restricted allocation area.
805 (d) The source of funds to be used by the water management
806 district in developing and implementing the pilot project.
807 (e) The benefits to the district’s water resources and
808 natural systems from implementation of the pilot project.
809 (f) A recommendation as to whether the traditional role of
810 water management districts regarding the development and
811 implementation of alternative water supply projects, as
812 specified in ss. 373.705 and 373.707, should be revised and, if
813 so, identification of the statutory changes necessary to expand
814 the scope of the pilot program.
815 Section 10. Section 373.042, Florida Statutes, is amended
816 to read:
817 373.042 Minimum flows and minimum water levels.—
818 (1) Within each section, or within the water management
819 district as a whole, the department or the governing board shall
820 establish the following:
821 (a) Minimum flow for all surface watercourses in the area.
822 The minimum flow for a given watercourse is shall be the limit
823 at which further withdrawals would be significantly harmful to
824 the water resources or ecology of the area.
825 (b) Minimum water level. The minimum water level is shall
826 be the level of groundwater in an aquifer and the level of
827 surface water at which further withdrawals would be
828 significantly harmful to the water resources or ecology of the
829 area.
830
831 The minimum flow and minimum water level shall be calculated by
832 the department and the governing board using the best
833 information available. When appropriate, minimum flows and
834 minimum water levels may be calculated to reflect seasonal
835 variations. The department and the governing board shall also
836 consider, and at their discretion may provide for, the
837 protection of nonconsumptive uses in the establishment of
838 minimum flows and minimum water levels.
839 (2)(a) If a minimum flow or minimum water level has not
840 been adopted for an Outstanding Florida Spring, a water
841 management district or the department shall use the emergency
842 rulemaking authority provided in paragraph (c) to adopt a
843 minimum flow or minimum water level no later than July 1, 2017,
844 except for the Northwest Florida Water Management District,
845 which shall use such authority to adopt minimum flows and
846 minimum water levels for Outstanding Florida Springs no later
847 than July 1, 2026.
848 (b) For Outstanding Florida Springs identified on a water
849 management district’s priority list developed pursuant to
850 subsection (3) which have the potential to be affected by
851 withdrawals in an adjacent district, the adjacent district or
852 districts and the department shall collaboratively develop and
853 implement a recovery or prevention strategy for an Outstanding
854 Florida Spring not meeting an adopted minimum flow or minimum
855 water level.
856 (c) The Legislature finds as provided in s. 373.801(3)(b)
857 that the adoption of minimum flows and minimum water levels or
858 recovery or prevention strategies for Outstanding Florida
859 Springs requires immediate action. The department and the
860 districts are authorized, and all conditions are deemed to be
861 met, to use emergency rulemaking provisions pursuant to s.
862 120.54(4) to adopt minimum flows and minimum water levels
863 pursuant to this subsection and recovery or prevention
864 strategies adopted concurrently with a minimum flow or minimum
865 water level pursuant to s. 373.805(2).
866 (3)(2) By November 15, 1997, and annually thereafter, each
867 water management district shall submit to the department for
868 review and approval a priority list and schedule for the
869 establishment of minimum flows and minimum water levels for
870 surface watercourses, aquifers, and surface waters within the
871 district. The priority list and schedule shall identify those
872 listed water bodies for which the district will voluntarily
873 undertake independent scientific peer review; any reservations
874 proposed by the district to be established pursuant to s.
875 373.223(4); and those listed water bodies that have the
876 potential to be affected by withdrawals in an adjacent district
877 for which the department’s adoption of a reservation pursuant to
878 s. 373.223(4) or a minimum flow or minimum water level pursuant
879 to subsection (1) may be appropriate. By March 1, 2006, and
880 annually thereafter, each water management district shall
881 include its approved priority list and schedule in the
882 consolidated annual report required by s. 373.036(7). The
883 priority list shall be based upon the importance of the waters
884 to the state or region and the existence of or potential for
885 significant harm to the water resources or ecology of the state
886 or region, and shall include those waters which are experiencing
887 or may reasonably be expected to experience adverse impacts.
888 Each water management district’s priority list and schedule
889 shall include all first magnitude springs, and all second
890 magnitude springs within state or federally owned lands
891 purchased for conservation purposes. The specific schedule for
892 establishment of spring minimum flows and minimum water levels
893 shall be commensurate with the existing or potential threat to
894 spring flow from consumptive uses. Springs within the Suwannee
895 River Water Management District, or second magnitude springs in
896 other areas of the state, need not be included on the priority
897 list if the water management district submits a report to the
898 Department of Environmental Protection demonstrating that
899 adverse impacts are not now occurring nor are reasonably
900 expected to occur from consumptive uses during the next 20
901 years. The priority list and schedule is not subject to any
902 proceeding pursuant to chapter 120. Except as provided in
903 subsection (4) (3), the development of a priority list and
904 compliance with the schedule for the establishment of minimum
905 flows and minimum water levels pursuant to this subsection
906 satisfies the requirements of subsection (1).
907 (4)(3) Minimum flows or minimum water levels for priority
908 waters in the counties of Hillsborough, Pasco, and Pinellas
909 shall be established by October 1, 1997. Where a minimum flow or
910 minimum water level for the priority waters within those
911 counties has not been established by the applicable deadline,
912 the secretary of the department shall, if requested by the
913 governing body of any local government within whose jurisdiction
914 the affected waters are located, establish the minimum flow or
915 minimum water level in accordance with the procedures
916 established by this section. The department’s reasonable costs
917 in establishing a minimum flow or minimum water level shall,
918 upon request of the secretary, be reimbursed by the district.
919 (5)(4) A water management district shall provide the
920 department with technical information and staff support for the
921 development of a reservation, minimum flow or minimum water
922 level, or recovery or prevention strategy to be adopted by the
923 department by rule. A water management district shall apply any
924 reservation, minimum flow or minimum water level, or recovery or
925 prevention strategy adopted by the department by rule without
926 the district’s adoption by rule of such reservation, minimum
927 flow or minimum water level, or recovery or prevention strategy.
928 (6)(5)(a) Upon written request to the department or
929 governing board by a substantially affected person, or by
930 decision of the department or governing board, prior to the
931 establishment of a minimum flow or minimum water level and prior
932 to the filing of any petition for administrative hearing related
933 to the minimum flow or minimum water level, all scientific or
934 technical data, methodologies, and models, including all
935 scientific and technical assumptions employed in each model,
936 used to establish a minimum flow or minimum water level shall be
937 subject to independent scientific peer review. Independent
938 scientific peer review means review by a panel of independent,
939 recognized experts in the fields of hydrology, hydrogeology,
940 limnology, biology, and other scientific disciplines, to the
941 extent relevant to the establishment of the minimum flow or
942 minimum water level.
943 (b) If independent scientific peer review is requested, it
944 shall be initiated at an appropriate point agreed upon by the
945 department or governing board and the person or persons
946 requesting the peer review. If no agreement is reached, the
947 department or governing board shall determine the appropriate
948 point at which to initiate peer review. The members of the peer
949 review panel shall be selected within 60 days of the point of
950 initiation by agreement of the department or governing board and
951 the person or persons requesting the peer review. If the panel
952 is not selected within the 60-day period, the time limitation
953 may be waived upon the agreement of all parties. If no waiver
954 occurs, the department or governing board may proceed to select
955 the peer review panel. The cost of the peer review shall be
956 borne equally by the district and each party requesting the peer
957 review, to the extent economically feasible. The panel shall
958 submit a final report to the governing board within 120 days
959 after its selection unless the deadline is waived by agreement
960 of all parties. Initiation of peer review pursuant to this
961 paragraph shall toll any applicable deadline under chapter 120
962 or other law or district rule regarding permitting, rulemaking,
963 or administrative hearings, until 60 days following submittal of
964 the final report. Any such deadlines shall also be tolled for 60
965 days following withdrawal of the request or following agreement
966 of the parties that peer review will no longer be pursued. The
967 department or the governing board shall give significant weight
968 to the final report of the peer review panel when establishing
969 the minimum flow or minimum water level.
970 (c) If the final data, methodologies, and models, including
971 all scientific and technical assumptions employed in each model
972 upon which a minimum flow or level is based, have undergone peer
973 review pursuant to this subsection, by request or by decision of
974 the department or governing board, no further peer review shall
975 be required with respect to that minimum flow or minimum water
976 level.
977 (d) No minimum flow or minimum water level adopted by rule
978 or formally noticed for adoption on or before May 2, 1997, shall
979 be subject to the peer review provided for in this subsection.
980 (7)(6) If a petition for administrative hearing is filed
981 under chapter 120 challenging the establishment of a minimum
982 flow or minimum water level, the report of an independent
983 scientific peer review conducted under subsection (5) (4) is
984 admissible as evidence in the final hearing, and the
985 administrative law judge must render the order within 120 days
986 after the filing of the petition. The time limit for rendering
987 the order shall not be extended except by agreement of all the
988 parties. To the extent that the parties agree to the findings of
989 the peer review, they may stipulate that those findings be
990 incorporated as findings of fact in the final order.
991 (8) The rules adopted pursuant to this section are not
992 subject to s. 120.541(3).
993 Section 11. Section 373.0421, Florida Statutes, is amended
994 to read:
995 373.0421 Establishment and implementation of minimum flows
996 and minimum water levels.—
997 (1) ESTABLISHMENT.—
998 (a) Considerations.—When establishing minimum flows and
999 minimum water levels pursuant to s. 373.042, the department or
1000 governing board shall consider changes and structural
1001 alterations to watersheds, surface waters, and aquifers and the
1002 effects such changes or alterations have had, and the
1003 constraints such changes or alterations have placed, on the
1004 hydrology of an affected watershed, surface water, or aquifer,
1005 provided that nothing in this paragraph shall allow significant
1006 harm as provided by s. 373.042(1) caused by withdrawals.
1007 (b) Exclusions.—
1008 1. The Legislature recognizes that certain water bodies no
1009 longer serve their historical hydrologic functions. The
1010 Legislature also recognizes that recovery of these water bodies
1011 to historical hydrologic conditions may not be economically or
1012 technically feasible, and that such recovery effort could cause
1013 adverse environmental or hydrologic impacts. Accordingly, the
1014 department or governing board may determine that setting a
1015 minimum flow or minimum water level for such a water body based
1016 on its historical condition is not appropriate.
1017 2. The department or the governing board is not required to
1018 establish minimum flows or minimum water levels pursuant to s.
1019 373.042 for surface water bodies less than 25 acres in area,
1020 unless the water body or bodies, individually or cumulatively,
1021 have significant economic, environmental, or hydrologic value.
1022 3. The department or the governing board shall not set
1023 minimum flows or minimum water levels pursuant to s. 373.042 for
1024 surface water bodies constructed prior to the requirement for a
1025 permit, or pursuant to an exemption, a permit, or a reclamation
1026 plan which regulates the size, depth, or function of the surface
1027 water body under the provisions of this chapter, chapter 378, or
1028 chapter 403, unless the constructed surface water body is of
1029 significant hydrologic value or is an essential element of the
1030 water resources of the area.
1031
1032 The exclusions of this paragraph shall not apply to the
1033 Everglades Protection Area, as defined in s. 373.4592(2)(i).
1034 (2) If the existing flow or water level in a water body is
1035 below, or is projected to fall within 20 years below, the
1036 applicable minimum flow or minimum water level established
1037 pursuant to s. 373.042, the department or governing board,
1038 concurrent with the adoption of the minimum flow or minimum
1039 water level and as part of the regional water supply plan
1040 described in s. 373.709, shall adopt and expeditiously implement
1041 a recovery or prevention strategy, which includes the
1042 development of additional water supplies and other actions,
1043 consistent with the authority granted by this chapter, to:
1044 (a) Achieve recovery to the established minimum flow or
1045 minimum water level as soon as practicable; or
1046 (b) Prevent the existing flow or water level from falling
1047 below the established minimum flow or minimum water level.
1048
1049 The recovery or prevention strategy must shall include a phased
1050 in approach phasing or a timetable which will allow for the
1051 provision of sufficient water supplies for all existing and
1052 projected reasonable-beneficial uses, including development of
1053 additional water supplies and implementation of conservation and
1054 other efficiency measures concurrent with and, to the maximum
1055 extent practical, and to offset, reductions in permitted
1056 withdrawals, consistent with the provisions of this chapter. The
1057 recovery or prevention strategy may not depend solely on water
1058 shortage restrictions declared pursuant to s. 373.175 or s.
1059 373.246.
1060 (3) In order to ensure that sufficient water is available
1061 for all existing and future reasonable-beneficial uses and the
1062 natural systems, the applicable regional water supply plan
1063 prepared pursuant to s. 373.709 shall be amended to include any
1064 water supply development project or water resource development
1065 project identified in a recovery or prevention strategy. Such
1066 amendment shall be approved concurrently with relevant portions
1067 of the recovery or prevention strategy.
1068 (4) The water management district shall notify the
1069 department if an application for a water use permit is denied
1070 based upon the impact that the use will have on an adopted
1071 minimum flow or minimum water level. Upon receipt of such
1072 notice, the department shall, as soon as practicable and in
1073 cooperation with the water management district, conduct a review
1074 of the applicable regional water supply plan prepared pursuant
1075 to s. 373.709. Such review shall include an assessment by the
1076 department of the adequacy of the plan in addressing the
1077 legislative intent of s. 373.705(2)(b) which provides that
1078 sufficient water be available for all existing and future
1079 reasonable-beneficial uses and natural systems and that the
1080 adverse effects of competition for water supplies be avoided. If
1081 the department determines, based upon this review, that the
1082 regional water supply plan does not adequately address the
1083 legislative intent of s. 373.705(2)(b), the water management
1084 district shall immediately initiate an update of the plan
1085 consistent with s. 373.709.
1086 (5)(3) The provisions of this section are supplemental to
1087 any other specific requirements or authority provided by law.
1088 Minimum flows and minimum water levels shall be reevaluated
1089 periodically and revised as needed.
1090 Section 12. Section 373.0465, Florida Statutes, is created
1091 to read:
1092 373.0465 Central Florida Water Initiative.-
1093 (1) The Legislature finds that:
1094 (a) Historically, the Floridan Aquifer system has supplied
1095 the vast majority of the water used in the Central Florida
1096 Coordination Area.
1097 (b) Because the boundaries of the St. Johns River Water
1098 Management District, the South Florida Water Management
1099 District, and the Southwest Florida Water Management District
1100 meet within the Central Florida Coordination Area, the three
1101 districts and the Department of Environmental Protection have
1102 worked cooperatively to determine that the Floridan Aquifer
1103 system is locally approaching the sustainable limits of use and
1104 are exploring the need to develop sources of water to meet the
1105 long-term water needs of the area.
1106 (c) The Central Florida Water Initiative is a collaborative
1107 process involving the Department of Environmental Protection,
1108 the St. Johns River Water Management District, the South Florida
1109 Water Management District, the Southwest Florida Water
1110 Management District, the Department of Agriculture and Consumer
1111 Services, regional public water supply utilities, and other
1112 stakeholders. As set forth in the Central Florida Water
1113 Initiative Guiding Document of January 30, 2015, the initiative
1114 has developed an initial framework for a unified process to
1115 address the current and long-term water supply needs of Central
1116 Florida without causing harm to the water resources and
1117 associated natural systems.
1118 (d) Developing water sources as an alternative to continued
1119 reliance on the Floridan Aquifer will benefit existing and
1120 future water users and natural systems within and beyond the
1121 boundaries of the Central Florida Water Initiative.
1122 (2)(a) As used in this section, the term “Central Florida
1123 Water Initiative Area” means all of Orange, Osceola, Polk, and
1124 Seminole Counties, and southern Lake County, as designated by
1125 the Central Florida Water Initiative Guiding Document of January
1126 30, 2015.
1127 (b) The department, the St. Johns River Water Management
1128 District, the South Florida Water Management District, the
1129 Southwest Florida Water Management District, and the Department
1130 of Agriculture and Consumer Services shall:
1131 1. Provide for a continuation of the collaborative process
1132 in the Central Florida Water Initiative Area among the state
1133 agencies, affected water management districts, regional public
1134 water supply utilities, and other stakeholders;
1135 2. Build upon the guiding principles and goals set forth in
1136 the Central Florida Water Initiative Guiding Document of January
1137 30, 2015, and the work that has already been accomplished by the
1138 Central Florida Water Initiative participants;
1139 3. Develop and implement, as set forth in the Central
1140 Florida Water Initiative Guiding Document of January 30, 2015, a
1141 single multidistrict regional water supply plan, including any
1142 needed recovery or prevention strategies and a list of water
1143 supply development projects or water resource projects; and
1144 4. Provide for a single hydrologic planning model to assess
1145 the availability of groundwater in the Central Florida Water
1146 Initiative Area.
1147 (c) In developing the water supply planning program
1148 consistent with the goals set forth in this subsection, the
1149 department, the St. Johns River Water Management District, the
1150 South Florida Water Management District, the Southwest Florida
1151 Water Management District, and the Department of Agriculture and
1152 Consumer Services shall:
1153 1. Consider limitations on groundwater use together with
1154 opportunities for new, increased, or redistributed groundwater
1155 uses that are consistent with the conditions established under
1156 s. 373.223;
1157 2. Establish a coordinated process for the identification
1158 of water resources requiring new or revised conditions
1159 consistent with the conditions established under s. 373.223;
1160 3. Consider existing recovery or prevention strategies;
1161 4. Include a list of water supply options sufficient to
1162 meet the water needs of all existing and future reasonable
1163 beneficial uses consistent with the conditions established under
1164 s. 373.223; and
1165 5. Identify, as necessary, which of the water supply
1166 sources are preferred water supply sources pursuant to s.
1167 373.2234.
1168 (d) The department, in consultation with the St. Johns
1169 River Water Management District, the South Florida Water
1170 Management District, the Southwest Florida Water Management
1171 District, and the Department of Agriculture and Consumer
1172 Services, shall adopt uniform rules for application within the
1173 Central Florida Water Initiative Area that include:
1174 1. A single, uniform definition of “harmful to the water
1175 resources” consistent with the term’s usage in s. 373.219;
1176 2. A single method for calculating residential per capita
1177 water use;
1178 3. A single process for permit reviews;
1179 4. A single, consistent process, as appropriate, to set
1180 minimum flows and minimum water levels and water reservations;
1181 5. A goal for residential per capita water use for each
1182 consumptive use permit; and
1183 6. An annual conservation goal for each consumptive use
1184 permit consistent with the regional water supply plan.
1185
1186 The uniform rules shall include existing recovery strategies
1187 within the Central Florida Water Initiative Area adopted before
1188 July 1, 2015. The department may grant variances to the uniform
1189 rules if there are unique circumstances or hydrogeological
1190 factors that make application of the uniform rules unrealistic
1191 or impractical.
1192 (e) The department shall initiate rulemaking for the
1193 uniform rules by December 31, 2015. The department’s uniform
1194 rules shall be applied by the water management districts only
1195 within the Central Florida Water Initiative Area. Upon adoption
1196 of the rules, the water management districts shall implement the
1197 rules without further rulemaking pursuant to s. 120.54. The
1198 rules adopted by the department pursuant to this section are
1199 considered the rules of the water management districts.
1200 (f) Water management district planning programs developed
1201 pursuant this subsection shall be approved or adopted as
1202 required under this chapter. However, such planning programs may
1203 not serve to modify planning programs in areas of the affected
1204 districts that are not within the Central Florida Water
1205 Initiative Area, but may include interregional projects located
1206 outside the Central Florida Water Initiative Area which are
1207 consistent with planning and regulatory programs in the areas in
1208 which they are located.
1209 Section 13. Subsection (4) of section 373.1501, Florida
1210 Statutes, is amended, present subsections (7) and (8) are
1211 redesignated as subsections (8) and (9), respectively, and a new
1212 subsection (7) is added to that section, to read:
1213 373.1501 South Florida Water Management District as local
1214 sponsor.—
1215 (4) The district is authorized to act as local sponsor of
1216 the project for those project features within the district as
1217 provided in this subsection and subject to the oversight of the
1218 department as further provided in s. 373.026. The district shall
1219 exercise the authority of the state to allocate quantities of
1220 water within its jurisdiction, including the water supply in
1221 relation to the project, and be responsible for allocating water
1222 and assigning priorities among the other water uses served by
1223 the project pursuant to state law. The district may:
1224 (a) Act as local sponsor for all project features
1225 previously authorized by Congress.;
1226 (b) Continue data gathering, analysis, research, and design
1227 of project components, participate in preconstruction
1228 engineering and design documents for project components, and
1229 further refine the Comprehensive Plan of the restudy as a guide
1230 and framework for identifying other project components.;
1231 (c) Construct pilot projects that will assist in
1232 determining the feasibility of technology included in the
1233 Comprehensive Plan of the restudy.; and
1234 (d) Act as local sponsor for project components.
1235 (7) When developing or implementing water control plans or
1236 regulation schedules required for the operation of the project,
1237 the district shall provide recommendations to the United States
1238 Army Corps of Engineers which are consistent with all district
1239 programs and plans.
1240 Section 14. Subsection (3) is added to section 373.219,
1241 Florida Statutes, to read:
1242 373.219 Permits required.—
1243 (3) The department shall adopt uniform rules for issuing
1244 permits which prevent groundwater withdrawals that are harmful
1245 to the water resources and adopt by rule a uniform definition of
1246 the term “harmful to the water resources” for Outstanding
1247 Florida Springs to provide water management districts with
1248 minimum standards necessary to be consistent with the overall
1249 water policy of the state. This subsection does not prohibit a
1250 water management district from adopting a definition that is
1251 more protective of the water resources consistent with local or
1252 regional conditions and objectives.
1253 Section 15. Subsection (6) is added to section 373.223,
1254 Florida Statutes, to read:
1255 373.223 Conditions for a permit.—
1256 (6) A new, renewal of, or modification to a consumptive use
1257 permit authorizing groundwater withdrawals of 100,000 gallons or
1258 more per day shall be monitored for water usage at intervals and
1259 using methods determined by the applicable water management
1260 district, the results of which shall be reported to the water
1261 management district at least annually. The water management
1262 districts may adopt rules to implement this subsection.
1263 Section 16. Section 373.2234, Florida Statutes, is amended
1264 to read:
1265 373.2234 Preferred water supply sources.—
1266 (1) The governing board of a water management district is
1267 authorized to adopt rules that identify preferred water supply
1268 sources for consumptive uses for which there is sufficient data
1269 to establish that a preferred source will provide a substantial
1270 new water supply to meet the existing and projected reasonable
1271 beneficial uses of a water supply planning region identified
1272 pursuant to s. 373.709(1), while sustaining existing water
1273 resources and natural systems. At a minimum, such rules must
1274 contain a description of the preferred water supply source and
1275 an assessment of the water the preferred source is projected to
1276 produce.
1277 (2)(a) If an applicant proposes to use a preferred water
1278 supply source, that applicant’s proposed water use is subject to
1279 s. 373.223(1), except that the proposed use of a preferred water
1280 supply source must be considered by a water management district
1281 when determining whether a permit applicant’s proposed use of
1282 water is consistent with the public interest pursuant to s.
1283 373.223(1)(c).
1284 (b) The governing board of a water management district
1285 shall consider the identification of preferred water supply
1286 sources for water users for whom access to or development of new
1287 water supplies is not technically or financially feasible.
1288 Identification of preferred water supply sources for such water
1289 users must be consistent with s. 373.016.
1290 (c) A consumptive use permit issued for the use of a
1291 preferred water supply source must be granted, when requested by
1292 the applicant, for at least a 20-year period and may be subject
1293 to the compliance reporting provisions of s. 373.236(4).
1294 (3)(a) Nothing in This section does not: shall be construed
1295 to
1296 1. Exempt the use of preferred water supply sources from
1297 the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
1298 construed to
1299 2. Provide that permits issued for the use of a
1300 nonpreferred water supply source must be issued for a duration
1301 of less than 20 years or that the use of a nonpreferred water
1302 supply source is not consistent with the public interest; or.
1303 3. Additionally, nothing in this section shall be
1304 interpreted to Require the use of a preferred water supply
1305 source or to restrict or prohibit the use of a nonpreferred
1306 water supply source.
1307 (b) Rules adopted by the governing board of a water
1308 management district to implement this section shall specify that
1309 the use of a preferred water supply source is not required and
1310 that the use of a nonpreferred water supply source is not
1311 restricted or prohibited.
1312 Section 17. Present subsection (5) of section 373.227,
1313 Florida Statutes, is redesignated as subsection (7), and a new
1314 subsection (5) and a subsection (6) are added to that section,
1315 to read:
1316 373.227 Water conservation; legislative findings and
1317 intent; objectives; comprehensive statewide water conservation
1318 program requirements.—
1319 (5) In order to incentivize water conservation, if actual
1320 water use is less than permitted water use due to documented
1321 implementation of water conservation measures beyond those
1322 required in a consumptive use permit, including, but not limited
1323 to, those measures identified in best management practices
1324 pursuant to s. 570.93, the permitted allocation may not be
1325 modified solely due to such water conservation during the term
1326 of the permit. In order to promote water conservation and the
1327 implementation of measures that produce significant water
1328 savings beyond those required in a consumptive use permit, each
1329 water management district shall adopt rules providing water
1330 conservation incentives, which may include limited permit
1331 extensions.
1332 (6) For consumptive use permits for agricultural
1333 irrigation, if actual water use is less than permitted water use
1334 due to weather events, crop diseases, nursery stock
1335 availability, market conditions, or changes in crop type, a
1336 district may not, as a result, reduce permitted allocation
1337 amounts during the term of the permit.
1338 Section 18. Subsection (2) of section 373.233, Florida
1339 Statutes, is amended to read:
1340 373.233 Competing applications.—
1341 (2)(a) If In the event that two or more competing
1342 applications qualify equally under the provisions of subsection
1343 (1), the governing board or the department shall give preference
1344 to a renewal application over an initial application.
1345 (b) If two or more competing applications qualify equally
1346 under subsection (1) and none of the competing applications is a
1347 renewal application, the governing board or the department shall
1348 give preference to the application for the use where the source
1349 is nearest to the area of use or application consistent with s.
1350 373.016(4)(a).
1351 Section 19. Section 373.4591, Florida Statutes, is amended
1352 to read:
1353 373.4591 Improvements on private agricultural lands.—
1354 (1) The Legislature encourages public-private partnerships
1355 to accomplish water storage, groundwater recharge, and water
1356 quality improvements on private agricultural lands. Priority
1357 consideration shall be given to public-private partnerships
1358 that:
1359 (a) Store or treat water on private lands for purposes of
1360 enhancing hydrologic improvement, improving water quality, or
1361 assisting in water supply;
1362 (b) Provide critical ground water recharge; or
1363 (c) Provide for changes in land use to activities that
1364 minimize nutrient loads and maximize water conservation.
1365 (2)(a) When an agreement is entered into between the
1366 department, a water management district, or the Department of
1367 Agriculture and Consumer Services and a private landowner to
1368 establish such a public-private partnership that may create or
1369 impact wetlands or other surface waters, a baseline condition
1370 determining the extent of wetlands and other surface waters on
1371 the property shall be established and documented in the
1372 agreement before improvements are constructed.
1373 (b) When an agreement is entered into between the
1374 Department of Agriculture and Consumer Services and a private
1375 landowner to implement best management practices pursuant to s.
1376 403.067(7)(c), a baseline condition determining the extent of
1377 wetlands and other surface water on the property may be
1378 established at the option and expense of the private landowner
1379 and documented in the agreement before improvements are
1380 constructed. The Department of Agriculture and Consumer Services
1381 shall submit the landowner’s proposed baseline condition
1382 documentation to the lead agency for review and approval, and
1383 the agency shall use its best efforts to complete the review
1384 within 45 days.
1385 (3) The Department of Agriculture and Consumer Services,
1386 the department, and the water management districts shall provide
1387 a process for reviewing these requests in the timeframe
1388 specified. The determination of a baseline condition shall be
1389 conducted using the methods set forth in the rules adopted
1390 pursuant to s. 373.421. The baseline condition documented in an
1391 agreement shall be considered the extent of wetlands and other
1392 surface waters on the property for the purpose of regulation
1393 under this chapter for the duration of the agreement and after
1394 its expiration.
1395 Section 20. Paragraph (h) of subsection (1) and subsections
1396 (2) through (7) of section 373.4595, Florida Statutes, are
1397 amended, and present subsections (8) through (13) of that
1398 section are redesignated as subsections (9) through (14),
1399 respectively, and a new subsection (8) is added to that section,
1400 to read:
1401 373.4595 Northern Everglades and Estuaries Protection
1402 Program.—
1403 (1) FINDINGS AND INTENT.—
1404 (h) The Legislature finds that the expeditious
1405 implementation of the Lake Okeechobee Watershed Protection
1406 Program, the Caloosahatchee River Watershed Protection Program,
1407 Plan and the St. Lucie River Watershed Protection Program Plans
1408 is needed to improve the quality, quantity, timing, and
1409 distribution of water in the northern Everglades ecosystem and
1410 that this section, in conjunction with s. 403.067, including the
1411 implementation of the plans developed and approved pursuant to
1412 subsections (3) and (4), and any related basin management action
1413 plan developed and implemented pursuant to s. 403.067(7)(a),
1414 provide a reasonable means of achieving the total maximum daily
1415 load requirements and achieving and maintaining compliance with
1416 state water quality standards.
1417 (2) DEFINITIONS.—As used in this section, the term:
1418 (a) “Best management practice” means a practice or
1419 combination of practices determined by the coordinating
1420 agencies, based on research, field-testing, and expert review,
1421 to be the most effective and practicable on-location means,
1422 including economic and technological considerations, for
1423 improving water quality in agricultural and urban discharges.
1424 Best management practices for agricultural discharges shall
1425 reflect a balance between water quality improvements and
1426 agricultural productivity.
1427 (b) “Biosolids” means the solid, semisolid, or liquid
1428 residue generated during the treatment of domestic wastewater in
1429 a domestic wastewater treatment facility, formerly known as
1430 “domestic wastewater residuals” or “residuals,” and includes
1431 products and treated material from biosolids treatment
1432 facilities and septage management facilities regulated by the
1433 department. The term does not include the treated effluent or
1434 reclaimed water from a domestic wastewater treatment facility,
1435 solids removed from pump stations and lift stations, screenings
1436 and grit removed from the preliminary treatment components of
1437 domestic wastewater treatment facilities, or ash generated
1438 during the incineration of biosolids.
1439 (c)(b) “Caloosahatchee River watershed” means the
1440 Caloosahatchee River, its tributaries, its estuary, and the area
1441 within Charlotte, Glades, Hendry, and Lee Counties from which
1442 surface water flow is directed or drains, naturally or by
1443 constructed works, to the river, its tributaries, or its
1444 estuary.
1445 (d)(c) “Coordinating agencies” means the Department of
1446 Agriculture and Consumer Services, the Department of
1447 Environmental Protection, and the South Florida Water Management
1448 District.
1449 (e)(d) “Corps of Engineers” means the United States Army
1450 Corps of Engineers.
1451 (f)(e) “Department” means the Department of Environmental
1452 Protection.
1453 (g)(f) “District” means the South Florida Water Management
1454 District.
1455 (g) “District’s WOD program” means the program implemented
1456 pursuant to rules adopted as authorized by this section and ss.
1457 373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
1458 373.451, and 373.453, entitled “Works of the District Basin.”
1459 (h) “Lake Okeechobee Watershed Construction Project” means
1460 the construction project developed pursuant to this section
1461 paragraph (3)(b).
1462 (i) “Lake Okeechobee Watershed Protection Plan” means the
1463 Lake Okeechobee Watershed Construction Project and the Lake
1464 Okeechobee Watershed Research and Water Quality Monitoring
1465 Program plan developed pursuant to this section and ss. 373.451
1466 373.459.
1467 (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
1468 tributaries, and the area within which surface water flow is
1469 directed or drains, naturally or by constructed works, to the
1470 lake or its tributaries.
1471 (k) “Lake Okeechobee Watershed Phosphorus Control Program”
1472 means the program developed pursuant to paragraph (3)(c).
1473 (k)(l) “Northern Everglades” means the Lake Okeechobee
1474 watershed, the Caloosahatchee River watershed, and the St. Lucie
1475 River watershed.
1476 (l)(m) “Project component” means any structural or
1477 operational change, resulting from the Restudy, to the Central
1478 and Southern Florida Project as it existed and was operated as
1479 of January 1, 1999.
1480 (m)(n) “Restudy” means the Comprehensive Review Study of
1481 the Central and Southern Florida Project, for which federal
1482 participation was authorized by the Federal Water Resources
1483 Development Acts of 1992 and 1996 together with related
1484 Congressional resolutions and for which participation by the
1485 South Florida Water Management District is authorized by s.
1486 373.1501. The term includes all actions undertaken pursuant to
1487 the aforementioned authorizations which will result in
1488 recommendations for modifications or additions to the Central
1489 and Southern Florida Project.
1490 (n)(o) “River Watershed Protection Plans” means the
1491 Caloosahatchee River Watershed Protection Plan and the St. Lucie
1492 River Watershed Protection Plan developed pursuant to this
1493 section.
1494 (o) “Soil amendment” means any substance or mixture of
1495 substances sold or offered for sale for soil enriching or
1496 corrective purposes, intended or claimed to be effective in
1497 promoting or stimulating plant growth, increasing soil or plant
1498 productivity, improving the quality of crops, or producing any
1499 chemical or physical change in the soil, except amendments,
1500 conditioners, additives, and related products that are derived
1501 solely from inorganic sources and that contain no recognized
1502 plant nutrients.
1503 (p) “St. Lucie River watershed” means the St. Lucie River,
1504 its tributaries, its estuary, and the area within Martin,
1505 Okeechobee, and St. Lucie Counties from which surface water flow
1506 is directed or drains, naturally or by constructed works, to the
1507 river, its tributaries, or its estuary.
1508 (q) “Total maximum daily load” means the sum of the
1509 individual wasteload allocations for point sources and the load
1510 allocations for nonpoint sources and natural background adopted
1511 pursuant to s. 403.067. Before Prior to determining individual
1512 wasteload allocations and load allocations, the maximum amount
1513 of a pollutant that a water body or water segment can assimilate
1514 from all sources without exceeding water quality standards must
1515 first be calculated.
1516 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
1517 Okeechobee Watershed Protection Program shall consist of the
1518 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
1519 Basin Management Action Plan adopted pursuant to s. 403.067, the
1520 Lake Okeechobee Exotic Species Control Program, and the Lake
1521 Okeechobee Internal Phosphorus Management Program. The Lake
1522 Okeechobee Basin Management Action Plan adopted pursuant to s.
1523 403.067 shall be the component of the Lake Okeechobee Watershed
1524 Protection A protection Program for Lake Okeechobee that
1525 achieves phosphorus load reductions for Lake Okeechobee shall be
1526 immediately implemented as specified in this subsection. The
1527 Lake Okeechobee Watershed Protection Program shall address the
1528 reduction of phosphorus loading to the lake from both internal
1529 and external sources. Phosphorus load reductions shall be
1530 achieved through a phased program of implementation. Initial
1531 implementation actions shall be technology-based, based upon a
1532 consideration of both the availability of appropriate technology
1533 and the cost of such technology, and shall include phosphorus
1534 reduction measures at both the source and the regional level.
1535 The initial phase of phosphorus load reductions shall be based
1536 upon the district’s Technical Publication 81-2 and the
1537 district’s WOD program, with subsequent phases of phosphorus
1538 load reductions based upon the total maximum daily loads
1539 established in accordance with s. 403.067. In the development
1540 and administration of the Lake Okeechobee Watershed Protection
1541 Program, the coordinating agencies shall maximize opportunities
1542 provided by federal cost-sharing programs and opportunities for
1543 partnerships with the private sector.
1544 (a) Lake Okeechobee Watershed Protection Plan.—In order to
1545 protect and restore surface water resources, the district, in
1546 cooperation with the other coordinating agencies, shall complete
1547 a Lake Okeechobee Watershed Protection Plan in accordance with
1548 this section and ss. 373.451-373.459. Beginning March 1, 2020,
1549 and every 5 years thereafter, the district shall update the Lake
1550 Okeechobee Watershed Protection Plan to ensure that it is
1551 consistent with the Lake Okeechobee Basin Management Action Plan
1552 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
1553 Protection Plan shall identify the geographic extent of the
1554 watershed, be coordinated with the plans developed pursuant to
1555 paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
1556 Watershed Construction Project and the Lake Okeechobee Watershed
1557 Research and Water Quality Monitoring Program contain an
1558 implementation schedule for subsequent phases of phosphorus load
1559 reduction consistent with the total maximum daily loads
1560 established in accordance with s. 403.067. The plan shall
1561 consider and build upon a review and analysis of the following:
1562 1. the performance of projects constructed during Phase I
1563 and Phase II of the Lake Okeechobee Watershed Construction
1564 Project, pursuant to subparagraph 1.; paragraph (b).
1565 2. relevant information resulting from the Lake Okeechobee
1566 Basin Management Action Plan Watershed Phosphorus Control
1567 Program, pursuant to paragraph (b); (c).
1568 3. relevant information resulting from the Lake Okeechobee
1569 Watershed Research and Water Quality Monitoring Program,
1570 pursuant to subparagraph 2.; paragraph (d).
1571 4. relevant information resulting from the Lake Okeechobee
1572 Exotic Species Control Program, pursuant to paragraph (c); and
1573 (e).
1574 5. relevant information resulting from the Lake Okeechobee
1575 Internal Phosphorus Management Program, pursuant to paragraph
1576 (d) (f).
1577 1.(b) Lake Okeechobee Watershed Construction Project.—To
1578 improve the hydrology and water quality of Lake Okeechobee and
1579 downstream receiving waters, including the Caloosahatchee and
1580 St. Lucie Rivers and their estuaries, the district, in
1581 cooperation with the other coordinating agencies, shall design
1582 and construct the Lake Okeechobee Watershed Construction
1583 Project. The project shall include:
1584 a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
1585 Construction Project shall consist of a series of project
1586 features consistent with the recommendations of the South
1587 Florida Ecosystem Restoration Working Group’s Lake Okeechobee
1588 Action Plan. Priority basins for such projects include S-191, S
1589 154, and Pools D and E in the Lower Kissimmee River. In order to
1590 obtain phosphorus load reductions to Lake Okeechobee as soon as
1591 possible, the following actions shall be implemented:
1592 (I)a. The district shall serve as a full partner with the
1593 Corps of Engineers in the design and construction of the Grassy
1594 Island Ranch and New Palm Dairy stormwater treatment facilities
1595 as components of the Lake Okeechobee Water Retention/Phosphorus
1596 Removal Critical Project. The Corps of Engineers shall have the
1597 lead in design and construction of these facilities. Should
1598 delays be encountered in the implementation of either of these
1599 facilities, the district shall notify the department and
1600 recommend corrective actions.
1601 (II)b. The district shall obtain permits and complete
1602 construction of two of the isolated wetland restoration projects
1603 that are part of the Lake Okeechobee Water Retention/Phosphorus
1604 Removal Critical Project. The additional isolated wetland
1605 projects included in this critical project shall further reduce
1606 phosphorus loading to Lake Okeechobee.
1607 (III)c. The district shall work with the Corps of Engineers
1608 to expedite initiation of the design process for the Taylor
1609 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
1610 Area, a project component of the Comprehensive Everglades
1611 Restoration Plan. The district shall propose to the Corps of
1612 Engineers that the district take the lead in the design and
1613 construction of the Reservoir Assisted Stormwater Treatment Area
1614 and receive credit towards the local share of the total cost of
1615 the Comprehensive Everglades Restoration Plan.
1616 b.2. Phase II technical plan and construction.—By February
1617 1, 2008, The district, in cooperation with the other
1618 coordinating agencies, shall develop a detailed technical plan
1619 for Phase II of the Lake Okeechobee Watershed Construction
1620 Project which provides the basis for the Lake Okeechobee Basin
1621 Management Action Plan adopted by the department pursuant to s.
1622 403.067. The detailed technical plan shall include measures for
1623 the improvement of the quality, quantity, timing, and
1624 distribution of water in the northern Everglades ecosystem,
1625 including the Lake Okeechobee watershed and the estuaries, and
1626 for facilitating the achievement of water quality standards. Use
1627 of cost-effective biologically based, hybrid wetland/chemical
1628 and other innovative nutrient control technologies shall be
1629 incorporated in the plan where appropriate. The detailed
1630 technical plan shall also include a Process Development and
1631 Engineering component to finalize the detail and design of Phase
1632 II projects and identify additional measures needed to increase
1633 the certainty that the overall objectives for improving water
1634 quality and quantity can be met. Based on information and
1635 recommendations from the Process Development and Engineering
1636 component, the Phase II detailed technical plan shall be
1637 periodically updated. Phase II shall include construction of
1638 additional facilities in the priority basins identified in sub-
1639 subparagraph a. subparagraph 1., as well as facilities for other
1640 basins in the Lake Okeechobee watershed. This detailed technical
1641 plan will require legislative ratification pursuant to paragraph
1642 (i). The technical plan shall:
1643 (I)a. Identify Lake Okeechobee Watershed Construction
1644 Project facilities designed to contribute to achieving all
1645 applicable total maximum daily loads established pursuant to s.
1646 403.067 within the Lake Okeechobee watershed.
1647 (II)b. Identify the size and location of all such Lake
1648 Okeechobee Watershed Construction Project facilities.
1649 (III)c. Provide a construction schedule for all such Lake
1650 Okeechobee Watershed Construction Project facilities, including
1651 the sequencing and specific timeframe for construction of each
1652 Lake Okeechobee Watershed Construction Project facility.
1653 (IV)d. Provide a schedule for the acquisition of lands or
1654 sufficient interests necessary to achieve the construction
1655 schedule.
1656 (V)e. Provide a detailed schedule of costs associated with
1657 the construction schedule.
1658 (VI)f. Identify, to the maximum extent practicable, impacts
1659 on wetlands and state-listed species expected to be associated
1660 with construction of such facilities, including potential
1661 alternatives to minimize and mitigate such impacts, as
1662 appropriate.
1663 (VII)g. Provide for additional measures, including
1664 voluntary water storage and quality improvements on private
1665 land, to increase water storage and reduce excess water levels
1666 in Lake Okeechobee and to reduce excess discharges to the
1667 estuaries.
1668 (VIII) The technical plan shall also Develop the
1669 appropriate water quantity storage goal to achieve the desired
1670 Lake Okeechobee range of lake levels and inflow volumes to the
1671 Caloosahatchee and St. Lucie estuaries while meeting the other
1672 water-related needs of the region, including water supply and
1673 flood protection.
1674 (IX)h. Provide for additional source controls needed to
1675 enhance performance of the Lake Okeechobee Watershed
1676 Construction Project facilities. Such additional source controls
1677 shall be incorporated into the Lake Okeechobee Basin Management
1678 Action Plan Watershed Phosphorous Control Program pursuant to
1679 paragraph (b) (c).
1680 c.3. Evaluation.—Within 5 years after the adoption of the
1681 Lake Okeechobee Basin Management Action Plan pursuant to s.
1682 403.067 and every 5 By January 1, 2004, and every 3 years
1683 thereafter, the department district, in cooperation with the
1684 other coordinating agencies, shall conduct an evaluation of the
1685 Lake Okeechobee Watershed Construction Project and identify any
1686 further load reductions necessary to achieve compliance with the
1687 all Lake Okeechobee watershed total maximum daily loads
1688 established pursuant to s. 403.067. Additionally, The district
1689 shall identify modifications to facilities of the Lake
1690 Okeechobee Watershed Construction Project as appropriate to meet
1691 the total maximum daily loads. Modifications to the Lake
1692 Okeechobee Watershed Construction Project resulting from this
1693 evaluation shall be incorporated into the Lake Okeechobee Basin
1694 Management Action Plan and The evaluation shall be included in
1695 the applicable annual progress report submitted pursuant to
1696 subsection (6).
1697 d.4. Coordination and review.—To ensure the timely
1698 implementation of the Lake Okeechobee Watershed Construction
1699 Project, the design of project facilities shall be coordinated
1700 with the department and other interested parties, including
1701 affected local governments, to the maximum extent practicable.
1702 Lake Okeechobee Watershed Construction Project facilities shall
1703 be reviewed and commented upon by the department before prior to
1704 the execution of a construction contract by the district for
1705 that facility.
1706 2. Lake Okeechobee Watershed Research and Water Quality
1707 Monitoring Program.—The coordinating agencies shall implement a
1708 Lake Okeechobee Watershed Research and Water Quality Monitoring
1709 Program. Results from the program shall be used by the
1710 department, in cooperation with the other coordinating agencies,
1711 to make modifications to the Lake Okeechobee Basin Management
1712 Action Plan adopted pursuant to s. 403.067, as appropriate. The
1713 program shall:
1714 a. Evaluate all available existing water quality data
1715 concerning total phosphorus in the Lake Okeechobee watershed,
1716 develop a water quality baseline to represent existing
1717 conditions for total phosphorus, monitor long-term ecological
1718 changes, including water quality for total phosphorus, and
1719 measure compliance with water quality standards for total
1720 phosphorus, including any applicable total maximum daily load
1721 for the Lake Okeechobee watershed as established pursuant to s.
1722 403.067. Beginning March 1, 2020, and every 5 years thereafter,
1723 the department shall reevaluate water quality and quantity data
1724 to ensure that the appropriate projects are being designated and
1725 incorporated into the Lake Okeechobee Basin Management Action
1726 Plan adopted pursuant to s. 403.067. The district shall
1727 implement a total phosphorus monitoring program at appropriate
1728 structures owned or operated by the district and within the Lake
1729 Okeechobee watershed.
1730 b. Develop a Lake Okeechobee water quality model that
1731 reasonably represents the phosphorus dynamics of Lake Okeechobee
1732 and incorporates an uncertainty analysis associated with model
1733 predictions.
1734 c. Determine the relative contribution of phosphorus from
1735 all identifiable sources and all primary and secondary land
1736 uses.
1737 d. Conduct an assessment of the sources of phosphorus from
1738 the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
1739 relative contribution to the water quality of Lake Okeechobee.
1740 The results of this assessment shall be used by the coordinating
1741 agencies as part of the Lake Okeechobee Basin Management Action
1742 Plan adopted pursuant to s. 403.067 to develop interim measures,
1743 best management practices, or regulations, as applicable.
1744 e. Assess current water management practices within the
1745 Lake Okeechobee watershed and develop recommendations for
1746 structural and operational improvements. Such recommendations
1747 shall balance water supply, flood control, estuarine salinity,
1748 maintenance of a healthy lake littoral zone, and water quality
1749 considerations.
1750 f. Evaluate the feasibility of alternative nutrient
1751 reduction technologies, including sediment traps, canal and
1752 ditch maintenance, fish production or other aquaculture,
1753 bioenergy conversion processes, and algal or other biological
1754 treatment technologies and include any alternative nutrient
1755 reduction technologies determined to be feasible in the Lake
1756 Okeechobee Basin Management Action Plan adopted pursuant to s.
1757 403.067.
1758 g. Conduct an assessment of the water volumes and timing
1759 from the Lake Okeechobee watershed and their relative
1760 contribution to the water level changes in Lake Okeechobee and
1761 to the timing and volume of water delivered to the estuaries.
1762 (b)(c) Lake Okeechobee Basin Management Action Plan
1763 Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
1764 Management Action Plan adopted pursuant to s. 403.067 shall be
1765 the watershed phosphorus control component for Lake Okeechobee.
1766 The Lake Okeechobee Basin Management Action Plan shall be
1767 Program is designed to be a multifaceted approach designed to
1768 achieve the total maximum daily load reducing phosphorus loads
1769 by improving the management of phosphorus sources within the
1770 Lake Okeechobee watershed through implementation of regulations
1771 and best management practices, continued development and
1772 continued implementation of improved best management practices,
1773 improvement and restoration of the hydrologic function of
1774 natural and managed systems, and use utilization of alternative
1775 technologies for nutrient reduction. The plan must include an
1776 implementation schedule pursuant to this subsection for
1777 pollutant load reductions. As provided in s. 403.067(7)(a)6.,
1778 the Lake Okeechobee Basin Management Action Plan must include
1779 milestones for implementation and water quality improvement and
1780 an associated water quality monitoring component sufficient to
1781 evaluate whether reasonable progress in pollutant load
1782 reductions is being achieved over time. The department shall
1783 develop a schedule to establish 5-, 10-, and 15-year measurable
1784 milestones and a target to achieve the adopted total maximum
1785 daily load no more than 20 years after adoption of the plan. The
1786 schedule shall be used to provide guidance for planning and
1787 funding purposes and is exempt from s. 120.54(1)(a). An
1788 assessment of progress toward these milestones shall be
1789 conducted every 5 years and revisions to the plan shall be made,
1790 as appropriate, as a result of each 5-year review. The
1791 assessment shall be provided to the Governor, the President of
1792 the Senate, and the Speaker of the House of Representatives.
1793 Upon the first 5-year review, the schedule of measurable
1794 milestones and a target to achieve water quality improvement
1795 consistent with this section shall be adopted into the plan.
1796 Revisions to the basin management action plan shall be made by
1797 the department in cooperation with the basin stakeholders.
1798 Revisions to best management practices or other measures must
1799 follow the procedures set forth in s. 403.067(7)(c)4. Revised
1800 basin management action plans must be adopted pursuant to s.
1801 403.067(7)(a)5. If achieving the adopted total maximum daily
1802 load within 20 years is not practicable, the schedule must
1803 contain an explanation of the constraints that prevent the
1804 achievement of the total maximum daily load within 20 years, an
1805 estimate of the time needed to achieve the total maximum daily
1806 load, and additional 5-year measurable milestones, as necessary.
1807 The coordinating agencies shall develop an interagency agreement
1808 pursuant to ss. 373.046 and 373.406 which is consistent with the
1809 department taking the lead on water quality protection measures
1810 through the Lake Okeechobee Basin Management Action Plan adopted
1811 pursuant to s. 403.067; the district taking the lead on
1812 hydrologic improvements pursuant to paragraph (a); and the
1813 Department of Agriculture and Consumer Services taking the lead
1814 on agricultural interim measures, best management practices, and
1815 other measures adopted pursuant to s. 403.067. The interagency
1816 agreement must specify how best management practices for
1817 nonagricultural nonpoint sources are developed and how all best
1818 management practices are implemented and verified consistent
1819 with s. 403.067 and this section. The interagency agreement must
1820 address measures to be taken by the coordinating agencies during
1821 any best management practice reevaluation performed pursuant to
1822 subparagraphs 5. and 10. The department shall use best
1823 professional judgment in making the initial determination of
1824 best management practice effectiveness. The coordinating
1825 agencies may develop an intergovernmental agreement with local
1826 governments to implement nonagricultural nonpoint source best
1827 management practices within their respective geographic
1828 boundaries. The coordinating agencies shall facilitate the
1829 application of federal programs that offer opportunities for
1830 water quality treatment, including preservation, restoration, or
1831 creation of wetlands on agricultural lands.
1832 1. Agricultural nonpoint source best management practices,
1833 developed in accordance with s. 403.067 and designed to achieve
1834 the objectives of the Lake Okeechobee Watershed Protection
1835 Program as part of a phased approach of management strategies
1836 within the Lake Okeechobee Basin Management Action Plan, shall
1837 be implemented on an expedited basis. The coordinating agencies
1838 shall develop an interagency agreement pursuant to ss. 373.046
1839 and 373.406(5) that assures the development of best management
1840 practices that complement existing regulatory programs and
1841 specifies how those best management practices are implemented
1842 and verified. The interagency agreement shall address measures
1843 to be taken by the coordinating agencies during any best
1844 management practice reevaluation performed pursuant to sub
1845 subparagraph d. The department shall use best professional
1846 judgment in making the initial determination of best management
1847 practice effectiveness.
1848 2.a. As provided in s. 403.067(7)(c), the Department of
1849 Agriculture and Consumer Services, in consultation with the
1850 department, the district, and affected parties, shall initiate
1851 rule development for interim measures, best management
1852 practices, conservation plans, nutrient management plans, or
1853 other measures necessary for Lake Okeechobee watershed total
1854 maximum daily load reduction. The rule shall include thresholds
1855 for requiring conservation and nutrient management plans and
1856 criteria for the contents of such plans. Development of
1857 agricultural nonpoint source best management practices shall
1858 initially focus on those priority basins listed in sub
1859 subparagraph (a)1.a. subparagraph (b)1. The Department of
1860 Agriculture and Consumer Services, in consultation with the
1861 department, the district, and affected parties, shall conduct an
1862 ongoing program for improvement of existing and development of
1863 new agricultural nonpoint source interim measures and or best
1864 management practices. The Department of Agriculture and Consumer
1865 Services shall adopt for the purpose of adoption of such
1866 practices by rule. The Department of Agriculture and Consumer
1867 Services shall work with the University of Florida Florida’s
1868 Institute of Food and Agriculture Sciences to review and, where
1869 appropriate, develop revised nutrient application rates for all
1870 agricultural soil amendments in the watershed.
1871 3.b. As provided in s. 403.067, where agricultural nonpoint
1872 source best management practices or interim measures have been
1873 adopted by rule of the Department of Agriculture and Consumer
1874 Services, the owner or operator of an agricultural nonpoint
1875 source addressed by such rule shall either implement interim
1876 measures or best management practices or demonstrate compliance
1877 with state water quality standards addressed by the Lake
1878 Okeechobee Basin Management Action Plan adopted pursuant to s.
1879 403.067 the district’s WOD program by conducting monitoring
1880 prescribed by the department or the district. Owners or
1881 operators of agricultural nonpoint sources who implement interim
1882 measures or best management practices adopted by rule of the
1883 Department of Agriculture and Consumer Services shall be subject
1884 to the provisions of s. 403.067(7). The Department of
1885 Agriculture and Consumer Services, in cooperation with the
1886 department and the district, shall provide technical and
1887 financial assistance for implementation of agricultural best
1888 management practices, subject to the availability of funds.
1889 4.c. The district or department shall conduct monitoring at
1890 representative sites to verify the effectiveness of agricultural
1891 nonpoint source best management practices.
1892 5.d. Where water quality problems are detected for
1893 agricultural nonpoint sources despite the appropriate
1894 implementation of adopted best management practices, the
1895 Department of Agriculture and Consumer Services, in consultation
1896 with the other coordinating agencies and affected parties, shall
1897 institute a reevaluation of the best management practices shall
1898 be conducted pursuant to s. 403.067(7)(c)4. Should the
1899 reevaluation determine that the best management practices or
1900 other measures require modification, the rule shall be revised
1901 to require implementation of the modified practice within a
1902 reasonable period as specified in the rule and make appropriate
1903 changes to the rule adopting best management practices.
1904 6.2. As provided in s. 403.067, nonagricultural nonpoint
1905 source best management practices, developed in accordance with
1906 s. 403.067 and designed to achieve the objectives of the Lake
1907 Okeechobee Watershed Protection Program as part of a phased
1908 approach of management strategies within the Lake Okeechobee
1909 Basin Management Action Plan, shall be implemented on an
1910 expedited basis. The department and the district shall develop
1911 an interagency agreement pursuant to ss. 373.046 and 373.406(5)
1912 that assures the development of best management practices that
1913 complement existing regulatory programs and specifies how those
1914 best management practices are implemented and verified. The
1915 interagency agreement shall address measures to be taken by the
1916 department and the district during any best management practice
1917 reevaluation performed pursuant to sub-subparagraph d.
1918 7.a. The department and the district are directed to work
1919 with the University of Florida Florida’s Institute of Food and
1920 Agricultural Sciences to develop appropriate nutrient
1921 application rates for all nonagricultural soil amendments in the
1922 watershed. As provided in s. 403.067 s. 403.067(7)(c), the
1923 department, in consultation with the district and affected
1924 parties, shall develop nonagricultural nonpoint source interim
1925 measures, best management practices, or other measures necessary
1926 for Lake Okeechobee watershed total maximum daily load
1927 reduction. Development of nonagricultural nonpoint source best
1928 management practices shall initially focus on those priority
1929 basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
1930 department, the district, and affected parties shall conduct an
1931 ongoing program for improvement of existing and development of
1932 new interim measures and or best management practices. The
1933 department or the district shall adopt such practices by rule
1934 The district shall adopt technology-based standards under the
1935 district’s WOD program for nonagricultural nonpoint sources of
1936 phosphorus. Nothing in this sub-subparagraph shall affect the
1937 authority of the department or the district to adopt basin
1938 specific criteria under this part to prevent harm to the water
1939 resources of the district.
1940 8.b. Where nonagricultural nonpoint source best management
1941 practices or interim measures have been developed by the
1942 department and adopted by the district, the owner or operator of
1943 a nonagricultural nonpoint source shall implement interim
1944 measures or best management practices and be subject to the
1945 provisions of s. 403.067(7). The department and district shall
1946 provide technical and financial assistance for implementation of
1947 nonagricultural nonpoint source best management practices,
1948 subject to the availability of funds.
1949 9.c. As provided in s. 403.067, the district or the
1950 department shall conduct monitoring at representative sites to
1951 verify the effectiveness of nonagricultural nonpoint source best
1952 management practices.
1953 10.d. Where water quality problems are detected for
1954 nonagricultural nonpoint sources despite the appropriate
1955 implementation of adopted best management practices, the
1956 department and the district shall institute a reevaluation of
1957 the best management practices shall be conducted pursuant to s.
1958 403.067(7)(c)4. Should the reevaluation determine that the best
1959 management practices or other measures require modification, the
1960 rule shall be revised to require implementation of the modified
1961 practice within a reasonable time period as specified in the
1962 rule.
1963 11.3. The provisions of Subparagraphs 1. and 2. and 7. do
1964 may not preclude the department or the district from requiring
1965 compliance with water quality standards or with current best
1966 management practices requirements set forth in any applicable
1967 regulatory program authorized by law for the purpose of
1968 protecting water quality. Additionally, Subparagraphs 1. and 2.
1969 and 7. are applicable only to the extent that they do not
1970 conflict with any rules adopted by the department that are
1971 necessary to maintain a federally delegated or approved program.
1972 12. The program of agricultural best management practices
1973 set forth in the Everglades Program of the district, meets the
1974 requirements of this paragraph and s. 403.067(7) for the Lake
1975 Okeechobee watershed. An entity in compliance with best
1976 management practices set forth in the Everglades Program of the
1977 district, may elect to use that permit in lieu of the
1978 requirements of this paragraph. The provisions of s.
1979 373.4595(3)(b)5. apply to this subparagraph. This subparagraph
1980 does not alter any requirement under s. 373.4592.
1981 13. The Department of Agriculture and Consumer Services, in
1982 cooperation with the department and the district, shall provide
1983 technical and financial assistance for implementation of
1984 agricultural best management practices, subject to the
1985 availability of funds. The department and district shall provide
1986 technical and financial assistance for implementation of
1987 nonagricultural nonpoint source best management practices,
1988 subject to the availability of funds.
1989 14.4. Projects that reduce the phosphorus load originating
1990 from domestic wastewater systems within the Lake Okeechobee
1991 watershed shall be given funding priority in the department’s
1992 revolving loan program under s. 403.1835. The department shall
1993 coordinate and provide assistance to those local governments
1994 seeking financial assistance for such priority projects.
1995 15.5. Projects that make use of private lands, or lands
1996 held in trust for Indian tribes, to reduce nutrient loadings or
1997 concentrations within a basin by one or more of the following
1998 methods: restoring the natural hydrology of the basin, restoring
1999 wildlife habitat or impacted wetlands, reducing peak flows after
2000 storm events, increasing aquifer recharge, or protecting range
2001 and timberland from conversion to development, are eligible for
2002 grants available under this section from the coordinating
2003 agencies. For projects of otherwise equal priority, special
2004 funding priority will be given to those projects that make best
2005 use of the methods outlined above that involve public-private
2006 partnerships or that obtain federal match money. Preference
2007 ranking above the special funding priority will be given to
2008 projects located in a rural area of opportunity designated by
2009 the Governor. Grant applications may be submitted by any person
2010 or tribal entity, and eligible projects may include, but are not
2011 limited to, the purchase of conservation and flowage easements,
2012 hydrologic restoration of wetlands, creating treatment wetlands,
2013 development of a management plan for natural resources, and
2014 financial support to implement a management plan.
2015 16.6.a. The department shall require all entities disposing
2016 of domestic wastewater biosolids residuals within the Lake
2017 Okeechobee watershed and the remaining areas of Okeechobee,
2018 Glades, and Hendry Counties to develop and submit to the
2019 department an agricultural use plan that limits applications
2020 based upon phosphorus loading consistent with the Lake
2021 Okeechobee Basin Management Action Plan adopted pursuant to s.
2022 403.067. By July 1, 2005, phosphorus concentrations originating
2023 from these application sites may not exceed the limits
2024 established in the district’s WOD program. After December 31,
2025 2007, The department may not authorize the disposal of domestic
2026 wastewater biosolids residuals within the Lake Okeechobee
2027 watershed unless the applicant can affirmatively demonstrate
2028 that the phosphorus in the biosolids residuals will not add to
2029 phosphorus loadings in Lake Okeechobee or its tributaries. This
2030 demonstration shall be based on achieving a net balance between
2031 phosphorus imports relative to exports on the permitted
2032 application site. Exports shall include only phosphorus removed
2033 from the Lake Okeechobee watershed through products generated on
2034 the permitted application site. This prohibition does not apply
2035 to Class AA biosolids residuals that are marketed and
2036 distributed as fertilizer products in accordance with department
2037 rule.
2038 17.b. Private and government-owned utilities within Monroe,
2039 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
2040 River, Okeechobee, Highlands, Hendry, and Glades Counties that
2041 dispose of wastewater biosolids residual sludge from utility
2042 operations and septic removal by land spreading in the Lake
2043 Okeechobee watershed may use a line item on local sewer rates to
2044 cover wastewater biosolids residual treatment and disposal if
2045 such disposal and treatment is done by approved alternative
2046 treatment methodology at a facility located within the areas
2047 designated by the Governor as rural areas of opportunity
2048 pursuant to s. 288.0656. This additional line item is an
2049 environmental protection disposal fee above the present sewer
2050 rate and may not be considered a part of the present sewer rate
2051 to customers, notwithstanding provisions to the contrary in
2052 chapter 367. The fee shall be established by the county
2053 commission or its designated assignee in the county in which the
2054 alternative method treatment facility is located. The fee shall
2055 be calculated to be no higher than that necessary to recover the
2056 facility’s prudent cost of providing the service. Upon request
2057 by an affected county commission, the Florida Public Service
2058 Commission will provide assistance in establishing the fee.
2059 Further, for utilities and utility authorities that use the
2060 additional line item environmental protection disposal fee, such
2061 fee may not be considered a rate increase under the rules of the
2062 Public Service Commission and shall be exempt from such rules.
2063 Utilities using the provisions of this section may immediately
2064 include in their sewer invoicing the new environmental
2065 protection disposal fee. Proceeds from this environmental
2066 protection disposal fee shall be used for treatment and disposal
2067 of wastewater biosolids residuals, including any treatment
2068 technology that helps reduce the volume of biosolids residuals
2069 that require final disposal, but such proceeds may not be used
2070 for transportation or shipment costs for disposal or any costs
2071 relating to the land application of biosolids residuals in the
2072 Lake Okeechobee watershed.
2073 18.c. No less frequently than once every 3 years, the
2074 Florida Public Service Commission or the county commission
2075 through the services of an independent auditor shall perform a
2076 financial audit of all facilities receiving compensation from an
2077 environmental protection disposal fee. The Florida Public
2078 Service Commission or the county commission through the services
2079 of an independent auditor shall also perform an audit of the
2080 methodology used in establishing the environmental protection
2081 disposal fee. The Florida Public Service Commission or the
2082 county commission shall, within 120 days after completion of an
2083 audit, file the audit report with the President of the Senate
2084 and the Speaker of the House of Representatives and shall
2085 provide copies to the county commissions of the counties set
2086 forth in subparagraph 17. sub-subparagraph b. The books and
2087 records of any facilities receiving compensation from an
2088 environmental protection disposal fee shall be open to the
2089 Florida Public Service Commission and the Auditor General for
2090 review upon request.
2091 19.7. The Department of Health shall require all entities
2092 disposing of septage within the Lake Okeechobee watershed to
2093 develop and submit to that agency an agricultural use plan that
2094 limits applications based upon phosphorus loading consistent
2095 with the Lake Okeechobee Basin Management Action Plan adopted
2096 pursuant to s. 403.067. By July 1, 2005, phosphorus
2097 concentrations originating from these application sites may not
2098 exceed the limits established in the district’s WOD program.
2099 20.8. The Department of Agriculture and Consumer Services
2100 shall initiate rulemaking requiring entities within the Lake
2101 Okeechobee watershed which land-apply animal manure to develop
2102 resource management system level conservation plans, according
2103 to United States Department of Agriculture criteria, which limit
2104 such application. Such rules shall may include criteria and
2105 thresholds for the requirement to develop a conservation or
2106 nutrient management plan, requirements for plan approval, site
2107 inspection requirements, and recordkeeping requirements.
2108 21. The district shall revise chapter 40E-61, Florida
2109 Administrative Code, to be consistent with this section and s.
2110 403.067; provide for a monitoring program for nonpoint source
2111 dischargers required to monitor water quality by s. 403.067; and
2112 provide for the results of such monitoring to be reported to the
2113 coordinating agencies.
2114 9. The district, the department, or the Department of
2115 Agriculture and Consumer Services, as appropriate, shall
2116 implement those alternative nutrient reduction technologies
2117 determined to be feasible pursuant to subparagraph (d)6.
2118 (d) Lake Okeechobee Watershed Research and Water Quality
2119 Monitoring Program.—The district, in cooperation with the other
2120 coordinating agencies, shall establish a Lake Okeechobee
2121 Watershed Research and Water Quality Monitoring Program that
2122 builds upon the district’s existing Lake Okeechobee research
2123 program. The program shall:
2124 1. Evaluate all available existing water quality data
2125 concerning total phosphorus in the Lake Okeechobee watershed,
2126 develop a water quality baseline to represent existing
2127 conditions for total phosphorus, monitor long-term ecological
2128 changes, including water quality for total phosphorus, and
2129 measure compliance with water quality standards for total
2130 phosphorus, including any applicable total maximum daily load
2131 for the Lake Okeechobee watershed as established pursuant to s.
2132 403.067. Every 3 years, the district shall reevaluate water
2133 quality and quantity data to ensure that the appropriate
2134 projects are being designated and implemented to meet the water
2135 quality and storage goals of the plan. The district shall also
2136 implement a total phosphorus monitoring program at appropriate
2137 structures owned or operated by the South Florida Water
2138 Management District and within the Lake Okeechobee watershed.
2139 2. Develop a Lake Okeechobee water quality model that
2140 reasonably represents phosphorus dynamics of the lake and
2141 incorporates an uncertainty analysis associated with model
2142 predictions.
2143 3. Determine the relative contribution of phosphorus from
2144 all identifiable sources and all primary and secondary land
2145 uses.
2146 4. Conduct an assessment of the sources of phosphorus from
2147 the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
2148 relative contribution to the water quality of Lake Okeechobee.
2149 The results of this assessment shall be used by the coordinating
2150 agencies to develop interim measures, best management practices,
2151 or regulation, as applicable.
2152 5. Assess current water management practices within the
2153 Lake Okeechobee watershed and develop recommendations for
2154 structural and operational improvements. Such recommendations
2155 shall balance water supply, flood control, estuarine salinity,
2156 maintenance of a healthy lake littoral zone, and water quality
2157 considerations.
2158 6. Evaluate the feasibility of alternative nutrient
2159 reduction technologies, including sediment traps, canal and
2160 ditch maintenance, fish production or other aquaculture,
2161 bioenergy conversion processes, and algal or other biological
2162 treatment technologies.
2163 7. Conduct an assessment of the water volumes and timing
2164 from the Lake Okeechobee watershed and their relative
2165 contribution to the water level changes in Lake Okeechobee and
2166 to the timing and volume of water delivered to the estuaries.
2167 (c)(e) Lake Okeechobee Exotic Species Control Program.—The
2168 coordinating agencies shall identify the exotic species that
2169 threaten the native flora and fauna within the Lake Okeechobee
2170 watershed and develop and implement measures to protect the
2171 native flora and fauna.
2172 (d)(f) Lake Okeechobee Internal Phosphorus Management
2173 Program.—The district, in cooperation with the other
2174 coordinating agencies and interested parties, shall evaluate the
2175 feasibility of complete a Lake Okeechobee internal phosphorus
2176 load removal projects feasibility study. The evaluation
2177 feasibility study shall be based on technical feasibility, as
2178 well as economic considerations, and shall consider address all
2179 reasonable methods of phosphorus removal. If projects methods
2180 are found to be feasible, the district shall immediately pursue
2181 the design, funding, and permitting for implementing such
2182 projects methods.
2183 (e)(g) Lake Okeechobee Watershed Protection Program Plan
2184 implementation.—The coordinating agencies shall be jointly
2185 responsible for implementing the Lake Okeechobee Watershed
2186 Protection Program Plan, consistent with the statutory authority
2187 and responsibility of each agency. Annual funding priorities
2188 shall be jointly established, and the highest priority shall be
2189 assigned to programs and projects that address sources that have
2190 the highest relative contribution to loading and the greatest
2191 potential for reductions needed to meet the total maximum daily
2192 loads. In determining funding priorities, the coordinating
2193 agencies shall also consider the need for regulatory compliance,
2194 the extent to which the program or project is ready to proceed,
2195 and the availability of federal matching funds or other nonstate
2196 funding, including public-private partnerships. Federal and
2197 other nonstate funding shall be maximized to the greatest extent
2198 practicable.
2199 (f)(h) Priorities and implementation schedules.—The
2200 coordinating agencies are authorized and directed to establish
2201 priorities and implementation schedules for the achievement of
2202 total maximum daily loads, compliance with the requirements of
2203 s. 403.067, and compliance with applicable water quality
2204 standards within the waters and watersheds subject to this
2205 section.
2206 (i) Legislative ratification.—The coordinating agencies
2207 shall submit the Phase II technical plan developed pursuant to
2208 paragraph (b) to the President of the Senate and the Speaker of
2209 the House of Representatives prior to the 2008 legislative
2210 session for review. If the Legislature takes no action on the
2211 plan during the 2008 legislative session, the plan is deemed
2212 approved and may be implemented.
2213 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
2214 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
2215 program shall be developed and implemented as specified in this
2216 subsection. In order to protect and restore surface water
2217 resources, the program shall address the reduction of pollutant
2218 loadings, restoration of natural hydrology, and compliance with
2219 applicable state water quality standards. The program shall be
2220 achieved through a phased program of implementation. In
2221 addition, pollutant load reductions based upon adopted total
2222 maximum daily loads established in accordance with s. 403.067
2223 shall serve as a program objective. In the development and
2224 administration of the program, the coordinating agencies shall
2225 maximize opportunities provided by federal and local government
2226 cost-sharing programs and opportunities for partnerships with
2227 the private sector and local government. The program plan shall
2228 include a goal for salinity envelopes and freshwater inflow
2229 targets for the estuaries based upon existing research and
2230 documentation. The goal may be revised as new information is
2231 available. This goal shall seek to reduce the frequency and
2232 duration of undesirable salinity ranges while meeting the other
2233 water-related needs of the region, including water supply and
2234 flood protection, while recognizing the extent to which water
2235 inflows are within the control and jurisdiction of the district.
2236 (a) Caloosahatchee River Watershed Protection Plan.—No
2237 later than January 1, 2009, The district, in cooperation with
2238 the other coordinating agencies, Lee County, and affected
2239 counties and municipalities, shall complete a River Watershed
2240 Protection Plan in accordance with this subsection. The
2241 Caloosahatchee River Watershed Protection Plan shall identify
2242 the geographic extent of the watershed, be coordinated as needed
2243 with the plans developed pursuant to paragraph (3)(a) and
2244 paragraph (c) (b) of this subsection, and contain an
2245 implementation schedule for pollutant load reductions consistent
2246 with any adopted total maximum daily loads and compliance with
2247 applicable state water quality standards. The plan shall include
2248 the Caloosahatchee River Watershed Construction Project and the
2249 Caloosahatchee River Watershed Research and Water Quality
2250 Monitoring Program.:
2251 1. Caloosahatchee River Watershed Construction Project.—To
2252 improve the hydrology, water quality, and aquatic habitats
2253 within the watershed, the district shall, no later than January
2254 1, 2012, plan, design, and construct the initial phase of the
2255 Watershed Construction Project. In doing so, the district shall:
2256 a. Develop and designate the facilities to be constructed
2257 to achieve stated goals and objectives of the Caloosahatchee
2258 River Watershed Protection Plan.
2259 b. Conduct scientific studies that are necessary to support
2260 the design of the Caloosahatchee River Watershed Construction
2261 Project facilities.
2262 c. Identify the size and location of all such facilities.
2263 d. Provide a construction schedule for all such facilities,
2264 including the sequencing and specific timeframe for construction
2265 of each facility.
2266 e. Provide a schedule for the acquisition of lands or
2267 sufficient interests necessary to achieve the construction
2268 schedule.
2269 f. Provide a schedule of costs and benefits associated with
2270 each construction project and identify funding sources.
2271 g. To ensure timely implementation, coordinate the design,
2272 scheduling, and sequencing of project facilities with the
2273 coordinating agencies, Lee County, other affected counties and
2274 municipalities, and other affected parties.
2275 2. Caloosahatchee River Watershed Research and Water
2276 Quality Monitoring Program.—The district, in cooperation with
2277 the other coordinating agencies and local governments, shall
2278 implement a Caloosahatchee River Watershed Research and Water
2279 Quality Monitoring Program that builds upon the district’s
2280 existing research program and that is sufficient to carry out,
2281 comply with, or assess the plans, programs, and other
2282 responsibilities created by this subsection. The program shall
2283 also conduct an assessment of the water volumes and timing from
2284 Lake Okeechobee and the Caloosahatchee River watershed and their
2285 relative contributions to the timing and volume of water
2286 delivered to the estuary.
2287 (b)2. Caloosahatchee River Watershed Basin Management
2288 Action Plans Pollutant Control Program.—The basin management
2289 action plans adopted pursuant to s. 403.067 for the
2290 Caloosahatchee River watershed shall be the Caloosahatchee River
2291 Watershed Pollutant Control Program. The plans shall be is
2292 designed to be a multifaceted approach to reducing pollutant
2293 loads by improving the management of pollutant sources within
2294 the Caloosahatchee River watershed through implementation of
2295 regulations and best management practices, development and
2296 implementation of improved best management practices,
2297 improvement and restoration of the hydrologic function of
2298 natural and managed systems, and utilization of alternative
2299 technologies for pollutant reduction, such as cost-effective
2300 biologically based, hybrid wetland/chemical and other innovative
2301 nutrient control technologies. The plans must include an
2302 implementation schedule pursuant to this subsection for
2303 pollutant load reductions. As provided in s. 403.067(7)(a)6.,
2304 the Caloosahatchee River Watershed Basin Management Action Plan
2305 must include milestones for implementation and water quality
2306 improvement and an associated water quality monitoring component
2307 sufficient to evaluate whether reasonable progress in pollutant
2308 load reductions is being achieved over time. The department
2309 shall develop a schedule to establish 5-, 10-, and 15-year
2310 measurable milestones and a target to achieve the adopted total
2311 maximum daily load no more than 20 years after adoption of the
2312 plan. The schedule shall be used to provide guidance for
2313 planning and funding purposes and is exempt from s.
2314 120.54(1)(a). An assessment of progress toward these milestones
2315 shall be conducted every 5 years, and revisions to the plan
2316 shall be made, as appropriate, as a result of each 5-year
2317 review. The assessment shall be provided to the Governor, the
2318 President of the Senate, and the Speaker of the House of
2319 Representatives. Upon the first 5-year review, the schedule of
2320 measurable milestones and a target to achieve water quality
2321 improvement consistent with this section shall be adopted into
2322 the plan. Revisions to the basin management action plan shall be
2323 made by the department in cooperation with the basin
2324 stakeholders. Revisions to best management practices or other
2325 measures must follow the procedures set forth in s.
2326 403.067(7)(c)4. Revised basin management action plans must be
2327 adopted pursuant to s. 403.067(7)(a)5. If achieving the adopted
2328 total maximum daily load within 20 years is not practicable, the
2329 schedule must contain an explanation of the constraints that
2330 prevent achievement of the total maximum daily load within 20
2331 years, an estimate of the time needed to achieve the total
2332 maximum daily load, and additional 5-year measurable milestones,
2333 as necessary. The coordinating agencies shall facilitate the use
2334 utilization of federal programs that offer opportunities for
2335 water quality treatment, including preservation, restoration, or
2336 creation of wetlands on agricultural lands.
2337 1.a. Nonpoint source best management practices consistent
2338 with s. 403.067 paragraph (3)(c), designed to achieve the
2339 objectives of the Caloosahatchee River Watershed Protection
2340 Program, shall be implemented on an expedited basis. The
2341 coordinating agencies may develop an intergovernmental agreement
2342 with local governments to implement the nonagricultural,
2343 nonpoint-source best management practices within their
2344 respective geographic boundaries.
2345 2.b. This subsection does not preclude the department or
2346 the district from requiring compliance with water quality
2347 standards, adopted total maximum daily loads, or current best
2348 management practices requirements set forth in any applicable
2349 regulatory program authorized by law for the purpose of
2350 protecting water quality. This subsection applies only to the
2351 extent that it does not conflict with any rules adopted by the
2352 department or district which are necessary to maintain a
2353 federally delegated or approved program.
2354 3.c. Projects that make use of private lands, or lands held
2355 in trust for Indian tribes, to reduce pollutant loadings or
2356 concentrations within a basin, or that reduce the volume of
2357 harmful discharges by one or more of the following methods:
2358 restoring the natural hydrology of the basin, restoring wildlife
2359 habitat or impacted wetlands, reducing peak flows after storm
2360 events, or increasing aquifer recharge, are eligible for grants
2361 available under this section from the coordinating agencies.
2362 4.d. The Caloosahatchee River Watershed Basin Management
2363 Action Plans Pollutant Control Program shall require assessment
2364 of current water management practices within the watershed and
2365 shall require development of recommendations for structural,
2366 nonstructural, and operational improvements. Such
2367 recommendations shall consider and balance water supply, flood
2368 control, estuarine salinity, aquatic habitat, and water quality
2369 considerations.
2370 5.e. After December 31, 2007, The department may not
2371 authorize the disposal of domestic wastewater biosolids
2372 residuals within the Caloosahatchee River watershed unless the
2373 applicant can affirmatively demonstrate that the nutrients in
2374 the biosolids residuals will not add to nutrient loadings in the
2375 watershed. This demonstration shall be based on achieving a net
2376 balance between nutrient imports relative to exports on the
2377 permitted application site. Exports shall include only nutrients
2378 removed from the watershed through products generated on the
2379 permitted application site. This prohibition does not apply to
2380 Class AA biosolids residuals that are marketed and distributed
2381 as fertilizer products in accordance with department rule.
2382 6.f. The Department of Health shall require all entities
2383 disposing of septage within the Caloosahatchee River watershed
2384 to develop and submit to that agency an agricultural use plan
2385 that limits applications based upon nutrient loading consistent
2386 with any basin management action plan adopted pursuant to s.
2387 403.067. By July 1, 2008, nutrient concentrations originating
2388 from these application sites may not exceed the limits
2389 established in the district’s WOD program.
2390 7.g. The Department of Agriculture and Consumer Services
2391 shall require initiate rulemaking requiring entities within the
2392 Caloosahatchee River watershed which land-apply animal manure to
2393 develop a resource management system level conservation plan,
2394 according to United States Department of Agriculture criteria,
2395 which limit such application. Such rules shall may include
2396 criteria and thresholds for the requirement to develop a
2397 conservation or nutrient management plan, requirements for plan
2398 approval, site inspection requirements, and recordkeeping
2399 requirements.
2400 8. The district shall initiate rulemaking to provide for a
2401 monitoring program for nonpoint source dischargers required to
2402 monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
2403 403.067(7)(c)3. The results of such monitoring must be reported
2404 to the coordinating agencies.
2405 3. Caloosahatchee River Watershed Research and Water
2406 Quality Monitoring Program.—The district, in cooperation with
2407 the other coordinating agencies and local governments, shall
2408 establish a Caloosahatchee River Watershed Research and Water
2409 Quality Monitoring Program that builds upon the district’s
2410 existing research program and that is sufficient to carry out,
2411 comply with, or assess the plans, programs, and other
2412 responsibilities created by this subsection. The program shall
2413 also conduct an assessment of the water volumes and timing from
2414 the Lake Okeechobee and Caloosahatchee River watersheds and
2415 their relative contributions to the timing and volume of water
2416 delivered to the estuary.
2417 (c)(b) St. Lucie River Watershed Protection Plan.—No later
2418 than January 1, 2009, The district, in cooperation with the
2419 other coordinating agencies, Martin County, and affected
2420 counties and municipalities shall complete a plan in accordance
2421 with this subsection. The St. Lucie River Watershed Protection
2422 Plan shall identify the geographic extent of the watershed, be
2423 coordinated as needed with the plans developed pursuant to
2424 paragraph (3)(a) and paragraph (a) of this subsection, and
2425 contain an implementation schedule for pollutant load reductions
2426 consistent with any adopted total maximum daily loads and
2427 compliance with applicable state water quality standards. The
2428 plan shall include the St. Lucie River Watershed Construction
2429 Project and St. Lucie River Watershed Research and Water Quality
2430 Monitoring Program.:
2431 1. St. Lucie River Watershed Construction Project.—To
2432 improve the hydrology, water quality, and aquatic habitats
2433 within the watershed, the district shall, no later than January
2434 1, 2012, plan, design, and construct the initial phase of the
2435 Watershed Construction Project. In doing so, the district shall:
2436 a. Develop and designate the facilities to be constructed
2437 to achieve stated goals and objectives of the St. Lucie River
2438 Watershed Protection Plan.
2439 b. Identify the size and location of all such facilities.
2440 c. Provide a construction schedule for all such facilities,
2441 including the sequencing and specific timeframe for construction
2442 of each facility.
2443 d. Provide a schedule for the acquisition of lands or
2444 sufficient interests necessary to achieve the construction
2445 schedule.
2446 e. Provide a schedule of costs and benefits associated with
2447 each construction project and identify funding sources.
2448 f. To ensure timely implementation, coordinate the design,
2449 scheduling, and sequencing of project facilities with the
2450 coordinating agencies, Martin County, St. Lucie County, other
2451 interested parties, and other affected local governments.
2452 2. St. Lucie River Watershed Research and Water Quality
2453 Monitoring Program.—The district, in cooperation with the other
2454 coordinating agencies and local governments, shall establish a
2455 St. Lucie River Watershed Research and Water Quality Monitoring
2456 Program that builds upon the district’s existing research
2457 program and that is sufficient to carry out, comply with, or
2458 assess the plans, programs, and other responsibilities created
2459 by this subsection. The district shall also conduct an
2460 assessment of the water volumes and timing from Lake Okeechobee
2461 and the St. Lucie River watershed and their relative
2462 contributions to the timing and volume of water delivered to the
2463 estuary.
2464 (d)2. St. Lucie River Watershed Basin Management Action
2465 Plan Pollutant Control Program.—Basin management action plan for
2466 the St. Lucie River watershed adopted pursuant to s. 403.067
2467 shall be the St. Lucie River Watershed Pollutant Control Program
2468 and shall be is designed to be a multifaceted approach to
2469 reducing pollutant loads by improving the management of
2470 pollutant sources within the St. Lucie River watershed through
2471 implementation of regulations and best management practices,
2472 development and implementation of improved best management
2473 practices, improvement and restoration of the hydrologic
2474 function of natural and managed systems, and use utilization of
2475 alternative technologies for pollutant reduction, such as cost
2476 effective biologically based, hybrid wetland/chemical and other
2477 innovative nutrient control technologies. The plan must include
2478 an implementation schedule pursuant to this subsection for
2479 pollutant load reductions. As provided in s. 403.067(7)(a)6.,
2480 the St. Lucie Watershed Basin Management Action Plan must
2481 include milestones for implementation and water quality
2482 improvement and an associated water quality monitoring component
2483 sufficient to evaluate whether reasonable progress in pollutant
2484 load reductions is being achieved over time. The department
2485 shall develop a schedule to establish 5-, 10-, and 15-year
2486 measurable milestones and a target to achieve the adopted total
2487 maximum daily load no more than 20 years after adoption of the
2488 plan. The schedule shall be used to provide guidance for
2489 planning and funding purposes and is exempt from s.
2490 120.54(1)(a). An assessment of progress toward these milestones
2491 shall be conducted every 5 years, and revisions to the plan
2492 shall be made, as appropriate, as a result of each 5-year
2493 review. The assessment shall be provided to the Governor, the
2494 President of the Senate, and the Speaker of the House of
2495 Representatives. Upon the first 5-year review, the schedule of
2496 measurable milestones and a target to achieve water quality
2497 improvement consistent with this section shall be adopted into
2498 the plan. Revisions to the basin management action plan shall be
2499 made by the department in cooperation with the basin
2500 stakeholders. Revisions to best management practices or other
2501 measures must follow the procedures set forth in s.
2502 403.067(7)(c)4. Revised basin management action plans must be
2503 adopted pursuant to s. 403.067(7)(a)5. If achieving the adopted
2504 total maximum daily load within 20 years is not practicable, the
2505 schedule must contain an explanation of the constraints that
2506 prevent achievement of the total maximum daily load within 20
2507 years, an estimate of the time needed to achieve the total
2508 maximum daily load, and additional 5-year measurable milestones,
2509 as necessary. The coordinating agencies shall facilitate the use
2510 utilization of federal programs that offer opportunities for
2511 water quality treatment, including preservation, restoration, or
2512 creation of wetlands on agricultural lands.
2513 1.a. Nonpoint source best management practices consistent
2514 with s. 403.067 paragraph (3)(c), designed to achieve the
2515 objectives of the St. Lucie River Watershed Protection Program,
2516 shall be implemented on an expedited basis. The coordinating
2517 agencies may develop an intergovernmental agreement with local
2518 governments to implement the nonagricultural nonpoint source
2519 best management practices within their respective geographic
2520 boundaries.
2521 2.b. This subsection does not preclude the department or
2522 the district from requiring compliance with water quality
2523 standards, adopted total maximum daily loads, or current best
2524 management practices requirements set forth in any applicable
2525 regulatory program authorized by law for the purpose of
2526 protecting water quality. This subsection applies only to the
2527 extent that it does not conflict with any rules adopted by the
2528 department or district which are necessary to maintain a
2529 federally delegated or approved program.
2530 3.c. Projects that make use of private lands, or lands held
2531 in trust for Indian tribes, to reduce pollutant loadings or
2532 concentrations within a basin, or that reduce the volume of
2533 harmful discharges by one or more of the following methods:
2534 restoring the natural hydrology of the basin, restoring wildlife
2535 habitat or impacted wetlands, reducing peak flows after storm
2536 events, or increasing aquifer recharge, are eligible for grants
2537 available under this section from the coordinating agencies.
2538 4.d. The St. Lucie River Watershed Basin Management Action
2539 Plans Pollutant Control Program shall require assessment of
2540 current water management practices within the watershed and
2541 shall require development of recommendations for structural,
2542 nonstructural, and operational improvements. Such
2543 recommendations shall consider and balance water supply, flood
2544 control, estuarine salinity, aquatic habitat, and water quality
2545 considerations.
2546 5.e. After December 31, 2007, The department may not
2547 authorize the disposal of domestic wastewater biosolids
2548 residuals within the St. Lucie River watershed unless the
2549 applicant can affirmatively demonstrate that the nutrients in
2550 the biosolids residuals will not add to nutrient loadings in the
2551 watershed. This demonstration shall be based on achieving a net
2552 balance between nutrient imports relative to exports on the
2553 permitted application site. Exports shall include only nutrients
2554 removed from the St. Lucie River watershed through products
2555 generated on the permitted application site. This prohibition
2556 does not apply to Class AA biosolids residuals that are marketed
2557 and distributed as fertilizer products in accordance with
2558 department rule.
2559 6.f. The Department of Health shall require all entities
2560 disposing of septage within the St. Lucie River watershed to
2561 develop and submit to that agency an agricultural use plan that
2562 limits applications based upon nutrient loading consistent with
2563 any basin management action plan adopted pursuant to s. 403.067.
2564 By July 1, 2008, nutrient concentrations originating from these
2565 application sites may not exceed the limits established in the
2566 district’s WOD program.
2567 7.g. The Department of Agriculture and Consumer Services
2568 shall initiate rulemaking requiring entities within the St.
2569 Lucie River watershed which land-apply animal manure to develop
2570 a resource management system level conservation plan, according
2571 to United States Department of Agriculture criteria, which limit
2572 such application. Such rules shall may include criteria and
2573 thresholds for the requirement to develop a conservation or
2574 nutrient management plan, requirements for plan approval, site
2575 inspection requirements, and recordkeeping requirements.
2576 8. The district shall initiate rulemaking to provide for a
2577 monitoring program for nonpoint source dischargers required to
2578 monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
2579 403.067(7)(c)3. The results of such monitoring must be reported
2580 to the coordinating agencies.
2581 3. St. Lucie River Watershed Research and Water Quality
2582 Monitoring Program.—The district, in cooperation with the other
2583 coordinating agencies and local governments, shall establish a
2584 St. Lucie River Watershed Research and Water Quality Monitoring
2585 Program that builds upon the district’s existing research
2586 program and that is sufficient to carry out, comply with, or
2587 assess the plans, programs, and other responsibilities created
2588 by this subsection. The program shall also conduct an assessment
2589 of the water volumes and timing from the Lake Okeechobee and St.
2590 Lucie River watersheds and their relative contributions to the
2591 timing and volume of water delivered to the estuary.
2592 (e)(c) River Watershed Protection Plan implementation.—The
2593 coordinating agencies shall be jointly responsible for
2594 implementing the River Watershed Protection Plans, consistent
2595 with the statutory authority and responsibility of each agency.
2596 Annual funding priorities shall be jointly established, and the
2597 highest priority shall be assigned to programs and projects that
2598 have the greatest potential for achieving the goals and
2599 objectives of the plans. In determining funding priorities, the
2600 coordinating agencies shall also consider the need for
2601 regulatory compliance, the extent to which the program or
2602 project is ready to proceed, and the availability of federal or
2603 local government matching funds. Federal and other nonstate
2604 funding shall be maximized to the greatest extent practicable.
2605 (f)(d) Evaluation.—Beginning By March 1, 2020 2012, and
2606 every 5 3 years thereafter, concurrent with the updates of the
2607 basin management action plans adopted pursuant to s. 403.067,
2608 the department, district in cooperation with the other
2609 coordinating agencies, shall conduct an evaluation of any
2610 pollutant load reduction goals, as well as any other specific
2611 objectives and goals, as stated in the River Watershed
2612 Protection Programs Plans. Additionally, The district shall
2613 identify modifications to facilities of the River Watershed
2614 Construction Projects, as appropriate, or any other elements of
2615 the River Watershed Protection Programs Plans. The evaluation
2616 shall be included in the annual progress report submitted
2617 pursuant to this section.
2618 (g)(e) Priorities and implementation schedules.—The
2619 coordinating agencies are authorized and directed to establish
2620 priorities and implementation schedules for the achievement of
2621 total maximum daily loads, the requirements of s. 403.067, and
2622 compliance with applicable water quality standards within the
2623 waters and watersheds subject to this section.
2624 (f) Legislative ratification.—The coordinating agencies
2625 shall submit the River Watershed Protection Plans developed
2626 pursuant to paragraphs (a) and (b) to the President of the
2627 Senate and the Speaker of the House of Representatives prior to
2628 the 2009 legislative session for review. If the Legislature
2629 takes no action on the plan during the 2009 legislative session,
2630 the plan is deemed approved and may be implemented.
2631 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
2632 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
2633 department is directed to expedite development and adoption of
2634 total maximum daily loads for the Caloosahatchee River and
2635 estuary. The department is further directed to, no later than
2636 December 31, 2008, propose for final agency action total maximum
2637 daily loads for nutrients in the tidal portions of the
2638 Caloosahatchee River and estuary. The department shall initiate
2639 development of basin management action plans for Lake
2640 Okeechobee, the Caloosahatchee River watershed and estuary, and
2641 the St. Lucie River watershed and estuary as provided in s.
2642 403.067 s. 403.067(7)(a) as follows:
2643 (a) Basin management action plans shall be developed as
2644 soon as practicable as determined necessary by the department to
2645 achieve the total maximum daily loads established for the Lake
2646 Okeechobee watershed and the estuaries.
2647 (b) The Phase II technical plan development pursuant to
2648 paragraph (3)(a) (3)(b), and the River Watershed Protection
2649 Plans developed pursuant to paragraphs (4)(a) and (c)(b), shall
2650 provide the basis for basin management action plans developed by
2651 the department.
2652 (c) As determined necessary by the department in order to
2653 achieve the total maximum daily loads, additional or modified
2654 projects or programs that complement those in the legislatively
2655 ratified plans may be included during the development of the
2656 basin management action plan.
2657 (d) As provided in s. 403.067, management strategies and
2658 pollution reduction requirements set forth in a basin management
2659 action plan subject to permitting by the department under
2660 subsection (7) must be completed pursuant to the schedule set
2661 forth in the basin management action plan, as amended. The
2662 implementation schedule may extend beyond the 5-year permit
2663 term.
2664 (e) As provided in s. 403.067, management strategies and
2665 pollution reduction requirements set forth in a basin management
2666 action plan for a specific pollutant of concern are not subject
2667 to challenge under chapter 120 at the time they are
2668 incorporated, in an identical form, into a department or
2669 district issued permit or a permit modification issued in
2670 accordance with subsection (7).
2671 (d) Development of basin management action plans that
2672 implement the provisions of the legislatively ratified plans
2673 shall be initiated by the department no later than September 30
2674 of the year in which the applicable plan is ratified. Where a
2675 total maximum daily load has not been established at the time of
2676 plan ratification, development of basin management action plans
2677 shall be initiated no later than 90 days following adoption of
2678 the applicable total maximum daily load.
2679 (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in
2680 cooperation with the other coordinating agencies, shall report
2681 on implementation of this section as part of the consolidated
2682 annual report required in s. 373.036(7). The annual report shall
2683 include a summary of the conditions of the hydrology, water
2684 quality, and aquatic habitat in the northern Everglades based on
2685 the results of the Research and Water Quality Monitoring
2686 Programs, the status of the Lake Okeechobee Watershed
2687 Construction Project, the status of the Caloosahatchee River
2688 Watershed Construction Project, and the status of the St. Lucie
2689 River Watershed Construction Project. In addition, the report
2690 shall contain an annual accounting of the expenditure of funds
2691 from the Save Our Everglades Trust Fund. At a minimum, the
2692 annual report shall provide detail by program and plan,
2693 including specific information concerning the amount and use of
2694 funds from federal, state, or local government sources. In
2695 detailing the use of these funds, the district shall indicate
2696 those designated to meet requirements for matching funds. The
2697 district shall prepare the report in cooperation with the other
2698 coordinating agencies and affected local governments. The
2699 department shall report on the status of the Lake Okeechobee
2700 Basin Management Action Plan, the Caloosahatchee River Watershed
2701 Basin Management Action Plan, and the St. Lucie River Watershed
2702 Basin Management Action Plan. The Department of Agriculture and
2703 Consumer Services shall report on the status of the
2704 implementation of the agricultural nonpoint source best
2705 management practices, including an implementation assurance
2706 report summarizing survey responses and response rates, site
2707 inspections, and other methods used to verify implementation of
2708 and compliance with best management practices in the Lake
2709 Okeechobee, Caloosahatchee and St. Lucie watersheds.
2710 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
2711 (a) The Legislature finds that the Lake Okeechobee
2712 Watershed Protection Program will benefit Lake Okeechobee and
2713 downstream receiving waters and is in consistent with the public
2714 interest. The Lake Okeechobee Watershed Construction Project and
2715 structures discharging into or from Lake Okeechobee shall be
2716 constructed, operated, and maintained in accordance with this
2717 section.
2718 (b) Permits obtained pursuant to this section are in lieu
2719 of all other permits under this chapter or chapter 403, except
2720 those issued under s. 403.0885, if applicable. No Additional
2721 permits are not required for the Lake Okeechobee Watershed
2722 Construction Project, or structures discharging into or from
2723 Lake Okeechobee, if such project or structures are permitted
2724 under this section. Construction activities related to
2725 implementation of the Lake Okeechobee Watershed Construction
2726 Project may be initiated before prior to final agency action, or
2727 notice of intended agency action, on any permit from the
2728 department under this section.
2729 (c)1. Within 90 days of completion of the diversion plans
2730 set forth in Department Consent Orders 91-0694, 91-0707, 91
2731 0706, 91-0705, and RT50-205564, Owners or operators of existing
2732 structures which discharge into or from Lake Okeechobee that
2733 were subject to Department Consent Orders 91-0694, 91-0705, 91
2734 0706, 91-0707, and RT50-205564 and that are subject to the
2735 provisions of s. 373.4592(4)(a) do not require a permit under
2736 this section and shall be governed by permits issued under apply
2737 for a permit from the department to operate and maintain such
2738 structures. By September 1, 2000, owners or operators of all
2739 other existing structures which discharge into or from Lake
2740 Okeechobee shall apply for a permit from the department to
2741 operate and maintain such structures. The department shall issue
2742 one or more such permits for a term of 5 years upon the
2743 demonstration of reasonable assurance that schedules and
2744 strategies to achieve and maintain compliance with water quality
2745 standards have been provided for, to the maximum extent
2746 practicable, and that operation of the structures otherwise
2747 complies with provisions of ss. 373.413 and 373.416 and the Lake
2748 Okeechobee Basin Management Action Plan adopted pursuant to s.
2749 403.067.
2750 1. Permits issued under this paragraph shall also contain
2751 reasonable conditions to ensure that discharges of waters
2752 through structures:
2753 a. Are adequately and accurately monitored;
2754 b. Will not degrade existing Lake Okeechobee water quality
2755 and will result in an overall reduction of phosphorus input into
2756 Lake Okeechobee, as set forth in the district’s Technical
2757 Publication 81-2 and the total maximum daily load established in
2758 accordance with s. 403.067, to the maximum extent practicable;
2759 and
2760 c. Do not pose a serious danger to public health, safety,
2761 or welfare.
2762 2. For the purposes of this paragraph, owners and operators
2763 of existing structures which are subject to the provisions of s.
2764 373.4592(4)(a) and which discharge into or from Lake Okeechobee
2765 shall be deemed in compliance with this paragraph the term
2766 “maximum extent practicable” if they are in full compliance with
2767 the conditions of permits under chapter chapters 40E-61 and 40E
2768 63, Florida Administrative Code.
2769 3. By January 1, 2016 2004, the district shall submit to
2770 the department a complete application for a permit modification
2771 to the Lake Okeechobee structure permits to incorporate proposed
2772 changes necessary to ensure that discharges through the
2773 structures covered by this permit are consistent with the basin
2774 management action plan adopted pursuant to achieve state water
2775 quality standards, including the total maximum daily load
2776 established in accordance with s. 403.067. These changes shall
2777 be designed to achieve such compliance with state water quality
2778 standards no later than January 1, 2015.
2779 (d) The department shall require permits for district
2780 regional projects that are part of the Lake Okeechobee Watershed
2781 Construction Project facilities. However, projects identified in
2782 sub-subparagraph (3)(b)1.b. that qualify as exempt pursuant to
2783 s. 373.406 do shall not require need permits under this section.
2784 Such permits shall be issued for a term of 5 years upon the
2785 demonstration of reasonable assurances that:
2786 1. District regional projects that are part of the Lake
2787 Okeechobee Watershed Construction Project shall facility, based
2788 upon the conceptual design documents and any subsequent detailed
2789 design documents developed by the district, will achieve the
2790 design objectives for phosphorus required in subparagraph
2791 (3)(a)1. paragraph (3)(b);
2792 2. For water quality standards other than phosphorus, the
2793 quality of water discharged from the facility is of equal or
2794 better quality than the inflows;
2795 3. Discharges from the facility do not pose a serious
2796 danger to public health, safety, or welfare; and
2797 4. Any impacts on wetlands or state-listed species
2798 resulting from implementation of that facility of the Lake
2799 Okeechobee Construction Project are minimized and mitigated, as
2800 appropriate.
2801 (e) At least 60 days before prior to the expiration of any
2802 permit issued under this section, the permittee may apply for a
2803 renewal thereof for a period of 5 years.
2804 (f) Permits issued under this section may include any
2805 standard conditions provided by department rule which are
2806 appropriate and consistent with this section.
2807 (g) Permits issued under pursuant to this section may be
2808 modified, as appropriate, upon review and approval by the
2809 department.
2810 Section 21. Paragraph (a) of subsection (1) and subsection
2811 (3) of section 373.467, Florida Statutes, are amended, to read:
2812 373.467 The Harris Chain of Lakes Restoration Council.
2813 There is created within the St. Johns River Water Management
2814 District, with assistance from the Fish and Wildlife
2815 Conservation Commission and the Lake County Water Authority, the
2816 Harris Chain of Lakes Restoration Council.
2817 (1)(a) The council shall consist of nine voting members,
2818 which shall include: a representative of waterfront property
2819 owners, a representative of the sport fishing industry, a person
2820 with experience in an environmental science or regulation
2821 engineer, a person with training in biology or another
2822 scientific discipline, a person with training as an attorney, a
2823 physician, a person with training as an engineer, and two
2824 residents of the county who are do not required to meet any
2825 additional of the other qualifications for membership enumerated
2826 in this paragraph, each to be appointed by the Lake County
2827 legislative delegation. The Lake County legislative delegation
2828 may waive the qualifications for membership on a case-by-case
2829 basis if good cause is shown. A No person serving on the council
2830 may not be appointed to a council, board, or commission of any
2831 council advisory group agency. The council members shall serve
2832 as advisors to the governing board of the St. Johns River Water
2833 Management District. The council is subject to the provisions of
2834 chapters 119 and 120.
2835 (3) The council shall meet at the call of its chair, at the
2836 request of six of its members, or at the request of the chair of
2837 the governing board of the St. Johns River Water Management
2838 District. Resignation by a council member, or failure by a
2839 council member to attend three consecutive meetings without an
2840 excuse approved by the chair, results in a vacancy on the
2841 council.
2842 Section 22. Paragraphs (a) and (b) of subsection (6) of
2843 section 373.536, Florida Statutes, are amended to read:
2844 373.536 District budget and hearing thereon.—
2845 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
2846 WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
2847 (a) Each district must, by the date specified for each
2848 item, furnish copies of the following documents to the Governor,
2849 the President of the Senate, the Speaker of the House of
2850 Representatives, the chairs of all legislative committees and
2851 subcommittees having substantive or fiscal jurisdiction over the
2852 districts, as determined by the President of the Senate or the
2853 Speaker of the House of Representatives as applicable, the
2854 secretary of the department, and the governing board of each
2855 county in which the district has jurisdiction or derives any
2856 funds for the operations of the district:
2857 1. The adopted budget, to be furnished within 10 days after
2858 its adoption.
2859 2. A financial audit of its accounts and records, to be
2860 furnished within 10 days after its acceptance by the governing
2861 board. The audit must be conducted in accordance with s. 11.45
2862 and the rules adopted thereunder. In addition to the entities
2863 named above, the district must provide a copy of the audit to
2864 the Auditor General within 10 days after its acceptance by the
2865 governing board.
2866 3. A 5-year capital improvements plan, to be included in
2867 the consolidated annual report required by s. 373.036(7). The
2868 plan must include expected sources of revenue for planned
2869 improvements and must be prepared in a manner comparable to the
2870 fixed capital outlay format set forth in s. 216.043.
2871 4. A 5-year water resource development work program to be
2872 furnished within 30 days after the adoption of the final budget.
2873 The program must describe the district’s implementation strategy
2874 and include an annual funding plan for each of the 5 years
2875 included in the plan for the water resource and, water supply,
2876 development components, including and alternative water supply
2877 development, components of each approved regional water supply
2878 plan developed or revised under s. 373.709. The work program
2879 must address all the elements of the water resource development
2880 component in the district’s approved regional water supply
2881 plans, as well as the water supply projects proposed for
2882 district funding and assistance. The annual funding plan shall
2883 identify both anticipated available district funding and
2884 additional funding needs for the second through fifth years of
2885 the funding plan. Funding requests for projects submitted for
2886 consideration for state funding pursuant to s. 403.0616 shall be
2887 identified separately. The work program and must identify
2888 projects in the work program which will provide water; explain
2889 how each water resource and, water supply, and alternative water
2890 supply development project will produce additional water
2891 available for consumptive uses; estimate the quantity of water
2892 to be produced by each project; and provide an assessment of the
2893 contribution of the district’s regional water supply plans in
2894 supporting the implementation of minimum flows and minimum water
2895 levels and water reservations; and ensure providing sufficient
2896 water is available needed to timely meet the water supply needs
2897 of existing and future reasonable-beneficial uses for a 1-in-10
2898 year drought event and to avoid the adverse effects of
2899 competition for water supplies.
2900 (b) Within 30 days after its submittal, the department
2901 shall review the proposed work program and submit its findings,
2902 questions, and comments to the district. The review must include
2903 a written evaluation of the program’s consistency with the
2904 furtherance of the district’s approved regional water supply
2905 plans, and the adequacy of proposed expenditures. As part of the
2906 review, the department shall post the work program on its
2907 website and give interested parties the opportunity to provide
2908 written comments on each district’s proposed work program.
2909 Within 45 days after receipt of the department’s evaluation, the
2910 governing board shall state in writing to the department which
2911 of the changes recommended in the evaluation it will incorporate
2912 into its work program submitted as part of the March 1
2913 consolidated annual report required by s. 373.036(7) or specify
2914 the reasons for not incorporating the changes. The department
2915 shall include the district’s responses in a final evaluation
2916 report and shall submit a copy of the report to the Governor,
2917 the President of the Senate, and the Speaker of the House of
2918 Representatives.
2919 Section 23. Subsection (9) of section 373.703, Florida
2920 Statutes, is amended to read:
2921 373.703 Water production; general powers and duties.—In the
2922 performance of, and in conjunction with, its other powers and
2923 duties, the governing board of a water management district
2924 existing pursuant to this chapter:
2925 (9) May join with one or more other water management
2926 districts, counties, municipalities, special districts, publicly
2927 owned or privately owned water utilities, multijurisdictional
2928 water supply entities, regional water supply authorities,
2929 private landowners, or self-suppliers for the purpose of
2930 carrying out its powers, and may contract with such other
2931 entities to finance acquisitions, construction, operation, and
2932 maintenance, provided that such contracts are consistent with
2933 the public interest. The contract may provide for contributions
2934 to be made by each party to the contract for the division and
2935 apportionment of the expenses of acquisitions, construction,
2936 operation, and maintenance, and for the division and
2937 apportionment of resulting benefits, services, and products. The
2938 contracts may contain other covenants and agreements necessary
2939 and appropriate to accomplish their purposes.
2940 Section 24. Paragraph (b) of subsection (2), subsection
2941 (3), and paragraph (b) of subsection (4) of section 373.705,
2942 Florida Statutes, are amended, and subsection (5) is added to
2943 that section, to read:
2944 373.705 Water resource development; water supply
2945 development.—
2946 (2) It is the intent of the Legislature that:
2947 (b) Water management districts take the lead in identifying
2948 and implementing water resource development projects, and be
2949 responsible for securing necessary funding for regionally
2950 significant water resource development projects, including
2951 regionally significant projects that prevent or limit adverse
2952 water resource impacts, avoid competition among water users, or
2953 support the provision of new water supplies in order to meet a
2954 minimum flow or minimum water level or to implement a recovery
2955 or prevention strategy or water reservation.
2956 (3)(a) The water management districts shall fund and
2957 implement water resource development as defined in s. 373.019.
2958 The water management districts are encouraged to implement water
2959 resource development as expeditiously as possible in areas
2960 subject to regional water supply plans.
2961 (b) Each governing board shall include in its annual budget
2962 submittals required under this chapter:
2963 1. The amount of funds for each project in the annual
2964 funding plan developed pursuant to s. 373.536(6)(a)4.;
2965 2. The total amount needed for the fiscal year to implement
2966 water resource development projects, as prioritized in its
2967 regional water supply plans; and
2968 3. The amount of funds requested for each project submitted
2969 for consideration for state funding pursuant to s. 403.0616.
2970 (4)
2971 (b) Water supply development projects that meet the
2972 criteria in paragraph (a) and that meet one or more of the
2973 following additional criteria shall be given first consideration
2974 for state or water management district funding assistance:
2975 1. The project brings about replacement of existing sources
2976 in order to help implement a minimum flow or minimum water
2977 level; or
2978 2. The project implements reuse that assists in the
2979 elimination of domestic wastewater ocean outfalls as provided in
2980 s. 403.086(9); or
2981 3. The project reduces or eliminates the adverse effects of
2982 competition between legal users and the natural system.
2983 (5) The water management districts shall promote expanded
2984 cost-share criteria for additional conservation practices, such
2985 as soil and moisture sensors and other irrigation improvements,
2986 water-saving equipment and water-saving household fixtures, and
2987 software technologies that can achieve verifiable water
2988 conservation by providing water use information to utility
2989 customers.
2990 Section 25. Paragraph (f) of subsection (3), paragraph (a)
2991 of subsection (6), and paragraph (e) of subsection (8) of
2992 section 373.707, Florida Statutes, are amended to read:
2993 373.707 Alternative water supply development.—
2994 (3) The primary roles of the water management districts in
2995 water resource development as it relates to supporting
2996 alternative water supply development are:
2997 (f) The provision of technical and financial assistance to
2998 local governments and publicly owned and privately owned water
2999 utilities for alternative water supply projects and for self
3000 suppliers for alternative water supply projects to the extent
3001 assistance for self-suppliers promotes the policies in paragraph
3002 (1)(f).
3003 (6)(a) If state The statewide funds are provided through
3004 specific appropriation for a priority project of the water
3005 resources work program pursuant to s. 403.0616, or pursuant to
3006 the Water Protection and Sustainability Program, such funds
3007 serve to supplement existing water management district or basin
3008 board funding for alternative water supply development
3009 assistance and should not result in a reduction of such funding.
3010 For each project identified in the annual funding plans prepared
3011 pursuant to s. 373.536(6)(a)4. Therefore, the water management
3012 districts shall include in the annual tentative and adopted
3013 budget submittals required under this chapter the amount of
3014 funds allocated for water resource development that supports
3015 alternative water supply development and the funds allocated for
3016 alternative water supply projects selected for inclusion in the
3017 Water Protection and Sustainability Program. It shall be the
3018 goal of each water management district and basin boards that the
3019 combined funds allocated annually for these purposes be, at a
3020 minimum, the equivalent of 100 percent of the state funding
3021 provided to the water management district for alternative water
3022 supply development. If this goal is not achieved, the water
3023 management district shall provide in the budget submittal an
3024 explanation of the reasons or constraints that prevent this goal
3025 from being met, an explanation of how the goal will be met in
3026 future years, and affirmation of match is required during the
3027 budget review process as established under s. 373.536(5). The
3028 Suwannee River Water Management District and the Northwest
3029 Florida Water Management District shall not be required to meet
3030 the match requirements of this paragraph; however, they shall
3031 try to achieve the match requirement to the greatest extent
3032 practicable.
3033 (8)
3034 (e) Applicants for projects that may receive funding
3035 assistance pursuant to the Water Protection and Sustainability
3036 Program shall, at a minimum, be required to pay 60 percent of
3037 the project’s construction costs. The water management districts
3038 may, at their discretion, totally or partially waive this
3039 requirement for projects sponsored by:
3040 1. Financially disadvantaged small local governments as
3041 defined in former s. 403.885(5); or
3042 2. Water users for projects determined by a water
3043 management district governing board to be in the public interest
3044 pursuant to paragraph (1)(f), if the projects are not otherwise
3045 financially feasible.
3046
3047 The water management districts or basin boards may, at their
3048 discretion, use ad valorem or federal revenues to assist a
3049 project applicant in meeting the requirements of this paragraph.
3050 Section 26. Paragraph (a) of subsection (2) and paragraphs
3051 (a) and (e) of subsection (6) of section 373.709, Florida
3052 Statutes, are amended to read:
3053 373.709 Regional water supply planning.—
3054 (2) Each regional water supply plan must be based on at
3055 least a 20-year planning period and must include, but need not
3056 be limited to:
3057 (a) A water supply development component for each water
3058 supply planning region identified by the district which
3059 includes:
3060 1. A quantification of the water supply needs for all
3061 existing and future reasonable-beneficial uses within the
3062 planning horizon. The level-of-certainty planning goal
3063 associated with identifying the water supply needs of existing
3064 and future reasonable-beneficial uses must be based upon meeting
3065 those needs for a 1-in-10-year drought event.
3066 a. Population projections used for determining public water
3067 supply needs must be based upon the best available data. In
3068 determining the best available data, the district shall consider
3069 the University of Florida Florida’s Bureau of Economic and
3070 Business Research (BEBR) medium population projections and
3071 population projection data and analysis submitted by a local
3072 government pursuant to the public workshop described in
3073 subsection (1) if the data and analysis support the local
3074 government’s comprehensive plan. Any adjustment of or deviation
3075 from the BEBR projections must be fully described, and the
3076 original BEBR data must be presented along with the adjusted
3077 data.
3078 b. Agricultural demand projections used for determining the
3079 needs of agricultural self-suppliers must be based upon the best
3080 available data. In determining the best available data for
3081 agricultural self-supplied water needs, the district shall
3082 consider the data indicative of future water supply demands
3083 provided by the Department of Agriculture and Consumer Services
3084 pursuant to s. 570.93 and agricultural demand projection data
3085 and analysis submitted by a local government pursuant to the
3086 public workshop described in subsection (1), if the data and
3087 analysis support the local government’s comprehensive plan. Any
3088 adjustment of or deviation from the data provided by the
3089 Department of Agriculture and Consumer Services must be fully
3090 described, and the original data must be presented along with
3091 the adjusted data.
3092 2. A list of water supply development project options,
3093 including traditional and alternative water supply project
3094 options that are technically and financially feasible, from
3095 which local government, government-owned and privately owned
3096 utilities, regional water supply authorities,
3097 multijurisdictional water supply entities, self-suppliers, and
3098 others may choose for water supply development. In addition to
3099 projects listed by the district, such users may propose specific
3100 projects for inclusion in the list of alternative water supply
3101 projects. If such users propose a project to be listed as an
3102 alternative water supply project, the district shall determine
3103 whether it meets the goals of the plan, and, if so, it shall be
3104 included in the list. The total capacity of the projects
3105 included in the plan must exceed the needs identified in
3106 subparagraph 1. and take into account water conservation and
3107 other demand management measures, as well as water resources
3108 constraints, including adopted minimum flows and minimum water
3109 levels and water reservations. Where the district determines it
3110 is appropriate, the plan should specifically identify the need
3111 for multijurisdictional approaches to project options that,
3112 based on planning level analysis, are appropriate to supply the
3113 intended uses and that, based on such analysis, appear to be
3114 permittable and financially and technically feasible. The list
3115 of water supply development options must contain provisions that
3116 recognize that alternative water supply options for agricultural
3117 self-suppliers are limited.
3118 3. For each project option identified in subparagraph 2.,
3119 the following must be provided:
3120 a. An estimate of the amount of water to become available
3121 through the project.
3122 b. The timeframe in which the project option should be
3123 implemented and the estimated planning-level costs for capital
3124 investment and operating and maintaining the project.
3125 c. An analysis of funding needs and sources of possible
3126 funding options. For alternative water supply projects, the
3127 water management districts shall provide funding assistance
3128 pursuant to s. 373.707(8).
3129 d. Identification of the entity that should implement each
3130 project option and the current status of project implementation.
3131 (6) Annually and in conjunction with the reporting
3132 requirements of s. 373.536(6)(a)4., the department shall submit
3133 to the Governor and the Legislature a report on the status of
3134 regional water supply planning in each district. The report
3135 shall include:
3136 (a) A compilation of the estimated costs of and an analysis
3137 of the sufficiency of potential sources of funding from all
3138 sources for water resource development and water supply
3139 development projects as identified in the water management
3140 district regional water supply plans.
3141 (e) An overall assessment of the progress being made to
3142 develop water supply in each district, including, but not
3143 limited to, an explanation of how each project in the 5-year
3144 water resource development work program developed pursuant to s.
3145 373.536(6)(a)4., either alternative or traditional, will
3146 produce, contribute to, or account for additional water being
3147 made available for consumptive uses, minimum flows and minimum
3148 water levels, or water reservations; an estimate of the quantity
3149 of water to be produced by each project;, and an assessment of
3150 the contribution of the district’s regional water supply plan in
3151 providing sufficient water to meet the needs of existing and
3152 future reasonable-beneficial uses for a 1-in-10-year drought
3153 event, as well as the needs of the natural systems.
3154 Section 27. Part VIII of chapter 373, Florida Statutes,
3155 consisting of sections 373.801, 373.802, 373.803, 373.805,
3156 373.807, 373.811, and 373.813, Florida Statutes, is created and
3157 entitled the “Florida Springs and Aquifer Protection Act.”
3158 Section 28. Section 373.801, Florida Statutes, is created
3159 to read:
3160 373.801 Legislative findings and intent.—
3161 (1) The Legislature finds that springs are a unique part of
3162 this state’s scenic beauty. Springs provide critical habitat for
3163 plants and animals, including many endangered or threatened
3164 species. Springs also provide immeasurable natural,
3165 recreational, economic, and inherent value. Springs are of great
3166 scientific importance in understanding the diverse functions of
3167 aquatic ecosystems. Water quality of springs is an indicator of
3168 local conditions of the Floridan Aquifer, which is a source of
3169 drinking water for many residents of this state. Water flows in
3170 springs may reflect regional aquifer conditions. In addition,
3171 springs provide recreational opportunities for swimming,
3172 canoeing, wildlife watching, fishing, cave diving, and many
3173 other activities in this state. These recreational opportunities
3174 and the accompanying tourism they provide are a benefit to local
3175 economies and the economy of the state as a whole.
3176 (2) The Legislature finds that the water quantity and water
3177 quality in springs may be related. For regulatory purposes, the
3178 department has primary responsibility for water quality; the
3179 water management districts have primary responsibility for water
3180 quantity; and the Department of Agriculture and Consumer
3181 Services has primary responsibility for the development and
3182 implementation of agricultural best management practices. Local
3183 governments have primary responsibility for providing domestic
3184 wastewater collection and treatment services and stormwater
3185 management. The foregoing responsible entities must coordinate
3186 to restore and maintain the water quantity and water quality of
3187 the Outstanding Florida Springs.
3188 (3) The Legislature recognizes that:
3189 (a) A spring is only as healthy as its local aquifer
3190 system. The groundwater that supplies springs is derived from
3191 water that recharges the aquifer system in the form of seepage
3192 from the land surface and through direct conduits, such as
3193 sinkholes. Springs may be adversely affected by polluted runoff
3194 from urban and agricultural lands; discharges resulting from
3195 inadequate wastewater and stormwater management practices;
3196 stormwater runoff; and reduced water levels of the Floridan
3197 Aquifer. As a result, the hydrologic and environmental
3198 conditions of a spring or spring run are directly influenced by
3199 activities and land uses within a springshed and by water
3200 withdrawals from the Floridan Aquifer.
3201 (b) Springs, whether found in urban or rural settings, or
3202 on public or private lands, may be threatened by actual or
3203 potential flow reductions and declining water quality. Many of
3204 this state’s springs are demonstrating signs of significant
3205 ecological imbalance, increased nutrient loading, and declining
3206 flow. Without effective remedial action, further declines in
3207 water quality and water quantity may occur.
3208 (c) Springshed boundaries and areas of high vulnerability
3209 within a springshed need to be identified and delineated using
3210 the best available data.
3211 (d) Springsheds typically cross water management district
3212 boundaries and local government jurisdictional boundaries, so a
3213 coordinated statewide springs protection plan is needed.
3214 (e) The aquifers and springs of this state are complex
3215 systems affected by many variables and influences.
3216 (4) The Legislature recognizes that action is urgently
3217 needed and, as additional data is acquired, action must be
3218 modified.
3219 Section 29. Section 373.802, Florida Statutes, is created
3220 to read:
3221 373.802 Definitions.—As used in this part, the term:
3222 (1) “Department” means the Department of Environmental
3223 Protection, which includes the Florida Geological Survey or its
3224 successor agencies.
3225 (2) “Local government” means a county or municipal
3226 government the jurisdictional boundaries of which include an
3227 Outstanding Florida Spring or any part of a springshed or
3228 delineated priority focus area of an Outstanding Florida Spring.
3229 (3) “Onsite sewage treatment and disposal system” means a
3230 system that contains a standard subsurface, filled, or mound
3231 drainfield system; an aerobic treatment unit; a graywater system
3232 tank; a laundry wastewater system tank; a septic tank; a grease
3233 interceptor; a pump tank; a solids or effluent pump; a
3234 waterless, incinerating, or organic waste-composting toilet; or
3235 a sanitary pit privy that is installed or proposed to be
3236 installed beyond the building sewer on land of the owner or on
3237 other land on which the owner has the legal right to install
3238 such system. The term includes any item placed within, or
3239 intended to be used as a part of or in conjunction with, the
3240 system. The term does not include package sewage treatment
3241 facilities and other treatment works regulated under chapter
3242 403.
3243 (4) “Outstanding Florida Spring” includes all historic
3244 first magnitude springs, including their associated spring runs,
3245 as determined by the department using the most recent Florida
3246 Geological Survey springs bulletin, and the following additional
3247 springs, including their associated spring runs:
3248 (a) De Leon Springs;
3249 (b) Peacock Springs;
3250 (c) Poe Springs;
3251 (d) Rock Springs;
3252 (e) Wekiwa Springs; and
3253 (f) Gemini Springs.
3254
3255 The term does not include submarine springs or river rises.
3256 (5) “Priority focus area” means the area or areas of a
3257 basin where the Floridan Aquifer is generally most vulnerable to
3258 pollutant inputs where there is a known connectivity between
3259 groundwater pathways and an Outstanding Florida Spring, as
3260 determined by the department in consultation with the
3261 appropriate water management districts, and delineated in a
3262 basin management action plan.
3263 (6) “Springshed” means the areas within the groundwater and
3264 surface water basins which contribute, based upon all relevant
3265 facts, circumstances, and data, to the discharge of a spring as
3266 defined by potentiometric surface maps and surface watershed
3267 boundaries.
3268 (7) “Spring run” means a body of flowing water that
3269 originates from a spring or whose primary source of water is a
3270 spring or springs under average rainfall conditions.
3271 (8) “Spring vent” means a location where groundwater flows
3272 out of a natural, discernible opening in the ground onto the
3273 land surface or into a predominantly fresh surface water body.
3274 Section 30. Section 373.803, Florida Statutes, is created
3275 to read:
3276 373.803 Delineation of priority focus areas for Outstanding
3277 Florida Springs.—Using the best data available from the water
3278 management districts and other credible sources, the department,
3279 in coordination with the water management districts, shall
3280 delineate priority focus areas for each Outstanding Florida
3281 Spring or group of springs that contains one or more Outstanding
3282 Florida Springs and is identified as impaired in accordance with
3283 s. 373.807. In delineating priority focus areas, the department
3284 shall consider groundwater travel time to the spring,
3285 hydrogeology, nutrient load, and any other factors that may lead
3286 to degradation of an Outstanding Florida Spring. The delineation
3287 of priority focus areas must be completed by July 1, 2018, shall
3288 use understood and identifiable boundaries such as roads or
3289 political jurisdictions for ease of implementation, and is
3290 effective upon incorporation in a basin management action plan.
3291 Section 31. Section 373.805, Florida Statutes, is created
3292 to read:
3293 373.805 Minimum flows and minimum water levels for
3294 Outstanding Florida Springs.—
3295 (1) At the time a minimum flow or minimum water level is
3296 adopted pursuant to s. 373.042 for an Outstanding Florida
3297 Spring, if the spring is below or is projected within 20 years
3298 to fall below the minimum flow or minimum water level, a water
3299 management district or the department shall concurrently adopt a
3300 recovery or prevention strategy.
3301 (2) When a minimum flow or minimum water level for an
3302 Outstanding Florida Spring is revised pursuant to s.
3303 373.0421(3), if the spring is below or is projected within 20
3304 years to fall below the minimum flow or minimum water level, a
3305 water management district or the department shall concurrently
3306 adopt a recovery or prevention strategy or modify an existing
3307 recovery or prevention strategy. A district or the department
3308 may adopt the revised minimum flow or minimum water level before
3309 the adoption of a recovery or prevention strategy if the revised
3310 minimum flow or minimum water level is less constraining on
3311 existing or projected future consumptive uses.
3312 (3) For an Outstanding Florida Spring without an adopted
3313 recovery or prevention strategy, if a district or the department
3314 determines the spring has fallen below, or is projected within
3315 20 years to fall below, the adopted minimum flow or minimum
3316 water level, a water management district or the department shall
3317 expeditiously adopt a recovery or prevention strategy.
3318 (4) The recovery or prevention strategy for each
3319 Outstanding Florida Spring must, at a minimum, include:
3320 (a) A listing of all specific projects identified for
3321 implementation of the plan;
3322 (b) A priority listing of each project;
3323 (c) For each listed project, the estimated cost of and the
3324 estimated date of completion;
3325 (d) The source and amount of financial assistance to be
3326 made available by the water management district for each listed
3327 project, which may not be less than 25 percent of the total
3328 project cost unless a specific funding source or sources are
3329 identified which will provide more than 75 percent of the total
3330 project cost. The Northwest Florida Water Management District
3331 and the Suwannee River Water Management District are not
3332 required to meet the minimum requirement to receive financial
3333 assistance pursuant to this paragraph;
3334 (e) An estimate of each listed project’s benefit to an
3335 Outstanding Florida Spring; and
3336 (f) An implementation plan designed with a target to
3337 achieve the adopted minimum flow or minimum water level no more
3338 than 20 years after the adoption of a recovery or prevention
3339 strategy. The implementation plan must include a schedule of 5-,
3340 10-, and 15-year measureable milestones intended to achieve the
3341 adopted minimum flow or minimum water level. The schedule is not
3342 a rule but is intended to provide guidance for planning and
3343 funding purposes and is exempt from s. 120.54(1)(a).
3344 (5) A local government may apply to the department for a
3345 single extension of up to 5 years for any project in an adopted
3346 recovery or prevention strategy. The department may grant the
3347 extension if the local government provides to the department
3348 sufficient evidence that an extension is in the best interest of
3349 the public. For a local government in a rural area of
3350 opportunity, as defined in s. 288.0656, the department may grant
3351 a single extension of up to 10 years.
3352 Section 32. Section 373.807, Florida Statutes, is created
3353 to read:
3354 373.807 Protection of water quality in Outstanding Florida
3355 Springs.—By July 1, 2015, the department shall initiate
3356 assessment, pursuant to s. 403.067(3), of each Outstanding
3357 Florida Spring for which an impairment determination has not
3358 been made under the numeric nutrient standards in effect for
3359 spring vents. Assessments must be completed by July 1, 2018.
3360 (1)(a) Concurrent with the adoption of a nutrient total
3361 maximum daily load for an Outstanding Florida Spring, the
3362 department, or the department in conjunction with a water
3363 management district, shall initiate development of a basin
3364 management action plan, as specified in s. 403.067. For an
3365 Outstanding Florida Spring with a nutrient total maximum daily
3366 load adopted before July 1, 2015, the department, or the
3367 department in conjunction with a water management district,
3368 shall initiate development of a basin management action plan by
3369 July 1, 2015. During the development of a basin management
3370 action plan, if the department identifies onsite sewage
3371 treatment and disposal systems as contributors of at least 20
3372 percent of nonpoint source nitrogen pollution or if the
3373 department determines remediation is necessary to achieve the
3374 total maximum daily load, the basin management action plan shall
3375 include an onsite sewage treatment and disposal system
3376 remediation plan pursuant to subsection (3) for those systems
3377 identified as requiring remediation.
3378 (b) A basin management action plan for an Outstanding
3379 Florida Spring shall be adopted within 2 years after its
3380 initiation and must include, at a minimum:
3381 1. A list of all specific projects and programs identified
3382 to implement a nutrient total maximum daily load;
3383 2. A list of all specific projects identified in any
3384 incorporated onsite sewage treatment and disposal system
3385 remediation plan, if applicable;
3386 3. A priority rank for each listed project;
3387 4. For each listed project, a planning level cost estimate
3388 and the estimated date of completion;
3389 5. The source and amount of financial assistance to be made
3390 available by the department, a water management district, or
3391 other entity for each listed project;
3392 6. An estimate of each listed project’s nutrient load
3393 reduction;
3394 7. Identification of each point source or category of
3395 nonpoint sources, including, but not limited to, urban turf
3396 fertilizer, sports turf fertilizer, agricultural fertilizer,
3397 onsite sewage treatment and disposal systems, wastewater
3398 treatment facilities, animal wastes, and stormwater facilities.
3399 An estimated allocation of the pollutant load must be provided
3400 for each point source or category of nonpoint sources; and
3401 8. An implementation plan designed with a target to achieve
3402 the adopted nutrient total maximum daily load no more than 20
3403 years after the adoption of a basin management action plan. The
3404 plan must include a schedule of 5-, 10-, and 15-year measureable
3405 milestones intended to achieve the adopted nutrient total
3406 maximum daily load. The schedule is not a rule but is intended
3407 to provide guidance for planning and funding purposes and is
3408 exempt from s. 120.54(1)(a).
3409 (c) For a basin management action plan adopted before July
3410 1, 2015, which addresses an Outstanding Florida Spring, the
3411 department or the department in conjunction with a water
3412 management district must revise the plan if necessary to comply
3413 with this section by July 1, 2018.
3414 (d) A local government may apply to the department for a
3415 single extension of up to 5 years for any project in an adopted
3416 basin management action plan. A local government in a rural area
3417 of opportunity, as defined in s. 288.0656, may apply for a
3418 single extension of up to 10 years for such a project. The
3419 department may grant the extension if the local government
3420 provides to the department sufficient evidence that an extension
3421 is in the best interest of the public.
3422 (2) By July 1, 2016, each local government, as defined in
3423 s. 373.802(2), that has not adopted an ordinance pursuant to s.
3424 403.9337, shall develop, enact, and implement an ordinance
3425 pursuant to that section. It is the intent of the Legislature
3426 that ordinances required to be adopted under this subsection
3427 reflect the latest scientific information, advancements, and
3428 technological improvements in the industry.
3429 (3) As part of a basin management action plan that includes
3430 an Outstanding Florida Spring, the department, in consultation
3431 with the Department of Health, relevant local governments, and
3432 relevant local public and private wastewater utilities, shall
3433 develop an onsite sewage treatment and disposal system
3434 remediation plan for a spring if the department determines
3435 onsite sewage treatment and disposal systems within a priority
3436 focus area contribute at least 20 percent of nonpoint source
3437 nitrogen pollution or if the department determines remediation
3438 is necessary to achieve the total daily maximum load. This plan
3439 shall be completed and adopted as part of the basin management
3440 action plan no later than the first 5-year milestone required by
3441 subparagraph (1)(b)8. In preparing this plan, the department
3442 shall:
3443 (a) Collect and evaluate credible scientific information on
3444 the effect of nutrients, particularly forms of nitrogen, on
3445 springs and springs systems;
3446 (b) Develop a public education plan to provide area
3447 residents with reliable, understandable information about onsite
3448 sewage treatment and disposal systems and springs;
3449 and
3450 (c) Identify projects necessary to reduce the nutrient
3451 impacts from onsite sewage treatment and disposal systems.
3452
3453 In addition to the requirements in s. 403.067, the plan shall
3454 include options for repair, upgrade, replacement, drainfield
3455 modification, addition of effective nitrogen reducing features,
3456 connection to a central sewerage system, or other action for an
3457 onsite sewage treatment and disposal system or group of systems
3458 within a priority focus area that contribute at least 20 percent
3459 of nonpoint source nitrogen pollution or if the department
3460 determines remediation is necessary to achieve a total maximum
3461 daily load. For these systems, the department shall include in
3462 the plan a priority ranking for each system or group of systems
3463 that requires remediation and shall award funds to implement the
3464 remediation projects contingent on an appropriation in the
3465 General Appropriations Act, which may include all or part of the
3466 costs necessary for repair, upgrade, replacement, drainfield
3467 modification, addition of effective nitrogen reducing features,
3468 initial connection to a central sewerage system, or other
3469 action. In awarding funds, the department may consider expected
3470 nutrient reduction benefit per unit cost, size and scope of
3471 project, relative local financial contribution to the project,
3472 financial impact on property owners and the community. The
3473 department may waive matching funding requirements for proposed
3474 projects within an area designated as a rural area of
3475 opportunity under s. 288.0656.
3476 (4) The department shall provide notice to a local
3477 government of all permit applicants under s. 403.814(12) in a
3478 priority focus area of an Outstanding Florida Spring over which
3479 the local government has full or partial jurisdiction.
3480 Section 33. Section 373.811, Florida Statutes, is created
3481 to read:
3482 373.811 Prohibited activities within a priority focus
3483 area.—The following activities are prohibited within a priority
3484 focus area in effect for an Outstanding Florida Spring:
3485 (1) New domestic wastewater disposal facilities, including
3486 rapid infiltration basins, with permitted capacities of 100,000
3487 gallons per day or more, except for those facilities that meet
3488 an advanced wastewater treatment standard of no more than 3 mg/l
3489 total nitrogen, expressed as N, on an annual permitted basis, or
3490 a more stringent treatment standard if the department determines
3491 the more stringent standard is necessary to attain a total
3492 maximum daily load for the Outstanding Florida Spring.
3493 (2) New onsite sewage treatment and disposal systems on
3494 lots of less than 1 acre, if the addition of the specific
3495 systems conflicts with an onsite treatment and disposal system
3496 remediation plan incorporated into a basin management action
3497 plan in accordance with s. 373.807(3).
3498 (3) New facilities for the disposal of hazardous waste.
3499 (4) The land application of Class A or Class B domestic
3500 wastewater biosolids not in accordance with a department
3501 approved nutrient management plan establishing the rate at which
3502 all biosolids, soil amendments, and sources of nutrients at the
3503 land application site can be applied to the land for crop
3504 production while minimizing the amount of pollutants and
3505 nutrients discharged to groundwater or waters of the state.
3506 (5) New agriculture operations that do not implement best
3507 management practices, measures necessary to achieve pollution
3508 reduction levels established by the department, or groundwater
3509 monitoring plans approved by a water management district or the
3510 department.
3511 Section 34. Section 373.813, Florida Statutes, is created
3512 to read:
3513 373.813 Rules.—
3514 (1) The department shall adopt rules to improve water
3515 quantity and water quality to administer this part, as
3516 applicable.
3517 (2)(a) The Department of Agriculture and Consumer Services
3518 is the lead agency coordinating the reduction of agricultural
3519 nonpoint sources of pollution for the protection of Outstanding
3520 Florida Springs. The Department of Agriculture and Consumer
3521 Services and the department, pursuant to s. 403.067(7)(c)4.,
3522 shall study new or revised agricultural best management
3523 practices for improving and protecting Outstanding Florida
3524 Springs and, if necessary, in cooperation with applicable local
3525 governments and stakeholders, initiate rulemaking to require the
3526 implementation of such practices within a reasonable period.
3527 (b) The department, the Department of Agriculture and
3528 Consumer Services, and the University of Florida Institute of
3529 Food and Agricultural Sciences shall cooperate in conducting the
3530 necessary research and demonstration projects to develop
3531 improved or additional nutrient management tools, including the
3532 use of controlled release fertilizer that can be used by
3533 agricultural producers as part of an agricultural best
3534 management practices program. The development of such tools must
3535 reflect a balance between water quality improvement and
3536 agricultural productivity and, if applicable, must be
3537 incorporated into the revised agricultural best management
3538 practices adopted by rule by the Department of Agriculture and
3539 Consumer Services.
3540 Section 35. Subsections (25) and (29) of section 403.061,
3541 Florida Statutes, are amended, and subsection (45) is added to
3542 that section, to read:
3543 403.061 Department; powers and duties.—The department shall
3544 have the power and the duty to control and prohibit pollution of
3545 air and water in accordance with the law and rules adopted and
3546 promulgated by it and, for this purpose, to:
3547 (25)(a) Establish and administer a program for the
3548 restoration and preservation of bodies of water within the
3549 state. The department shall have the power to acquire lands, to
3550 cooperate with other applicable state or local agencies to
3551 enhance existing public access to such bodies of water, and to
3552 adopt all rules necessary to accomplish this purpose.
3553 (b) Create a consolidated water resources work plan, in
3554 consultation with state agencies, water management districts,
3555 regional water supply authorities, and local governments, which
3556 provides a geographic depiction of the total inventory of water
3557 resources projects and regionally significant water supply
3558 projects currently under construction, completed in the previous
3559 5 years, or planned to begin construction in the next 5 years.
3560 The consolidated work plan must include for each project a
3561 description of the project, the total cost of the project, and
3562 identification of the governmental entity financing the project.
3563 This information together with the information provided pursuant
3564 to paragraph (45)(a) is intended to facilitate the ability of
3565 the Florida Water Resources Advisory Council, the Legislature,
3566 and the public to consider the projects contained in the
3567 tentative water resources work program developed pursuant to s.
3568 403.0616 in relation to all projects undertaken within a 10-year
3569 period and the existing condition of water resources in the
3570 project area and in the state as a whole. The department may
3571 adopt rules to accomplish this purpose.
3572 (29)(a) Adopt by rule special criteria to protect Class II
3573 and Class III shellfish harvesting waters. Such rules may
3574 include special criteria for approving docking facilities that
3575 have 10 or fewer slips if the construction and operation of such
3576 facilities will not result in the closure of shellfish waters.
3577 (b) Adopt by rule a specific surface water classification
3578 to protect surface waters used for treated potable water supply.
3579 These designated surface waters shall have the same water
3580 quality criteria protections as waters designated for fish
3581 consumption, recreation, and the propagation and maintenance of
3582 a healthy, well-balanced population of fish and wildlife, and
3583 shall be free from discharged substances at a concentration
3584 that, alone or in combination with other discharged substances,
3585 would require significant alteration of permitted treatment
3586 processes at the permitted treatment facility or that would
3587 otherwise prevent compliance with applicable state drinking
3588 water standards in the treated water. Notwithstanding this
3589 classification or the inclusion of treated water supply as a
3590 designated use of a surface water, a surface water used for
3591 treated potable water supply may be reclassified to the potable
3592 water supply classification.
3593 (45)(a) Create and maintain a web-based, interactive map
3594 that includes, at a minimum:
3595 1. All watersheds and each water body within those
3596 watersheds;
3597 2. The county or counties in which the watershed or water
3598 body is located;
3599 3. The water management district or districts in which the
3600 watershed or water body is located;
3601 4. Whether, if applicable, a minimum flow or minimum water
3602 level has been adopted for the water body and if such minimum
3603 flow or minimum water level has not been adopted, the
3604 anticipated adoption date;
3605 5. Whether, if applicable, a recovery or prevention
3606 strategy has been adopted for the watershed or water body and,
3607 if such a plan has not been adopted, the anticipated adoption
3608 date;
3609 6. The impairment status of each water body;
3610 7. Whether, if applicable, a total maximum daily load has
3611 been adopted if the water body is listed as impaired and, if
3612 such total maximum daily load has not been adopted, the
3613 anticipated adoption date;
3614 8. Whether, if applicable, a basin management action plan
3615 has been adopted for the watershed and, if such a plan has not
3616 been adopted, the anticipated adoption date;
3617 9. Each project listed on the 5-year water resources work
3618 program developed pursuant to s. 373.036(7);
3619 10. The agency or agencies and local sponsor, if any,
3620 responsible for overseeing the project;
3621 11. The total or estimated cost and completion date of each
3622 project and the financial contribution of each entity;
3623 12. The estimated quantitative benefit to the watershed or
3624 water body; and
3625 13. The water projects completed within the last 5 years
3626 within the watershed or water body.
3627 (b) The department and each water management district shall
3628 prominently display on their respective websites a hyperlink to
3629 the interactive map required by this subsection.
3630
3631 The department shall implement such programs in conjunction with
3632 its other powers and duties and shall place special emphasis on
3633 reducing and eliminating contamination that presents a threat to
3634 humans, animals or plants, or to the environment.
3635 Section 36. Section 403.0616, Florida Statutes, is created
3636 to read:
3637 403.0616 Florida Water Resources Advisory Council.—
3638 (1) The Florida Water Resources Advisory Council is hereby
3639 created within the department for the purpose of evaluating
3640 water resource projects prioritized and submitted by state
3641 agencies, water management districts, regional water supply
3642 authorities, or local governments. The council shall evaluate
3643 and recommend projects that are eligible for state funding as
3644 priority projects of statewide, regional, or critical local
3645 importance under this chapter or chapter 373. The council must
3646 review and evaluate all water resource projects that are
3647 prioritized and reported by state agencies or water management
3648 districts pursuant to s. 373.036(7)(b)8.b., or by local
3649 governments, or regional water supply authorities, if
3650 applicable, in order to provide the Legislature with
3651 recommendations for projects that improve or restore the water
3652 resources of this state. The council is also responsible for
3653 submitting a prioritization of pilot projects that test the
3654 effectiveness of innovative or existing nutrient reduction or
3655 water conservation technologies or practices designed to
3656 minimize nutrient pollution or restore flows in the water bodies
3657 of the state as provided in s. 403.0617.
3658 (2) The Florida Water Resources Advisory Council consists
3659 of five voting members and five ex officio, nonvoting members as
3660 follows:
3661 (a) The Secretary of Environmental Protection, who shall
3662 serve as chair of the council; the Commissioner of Agriculture;
3663 the executive director of the Fish and Wildlife Conservation
3664 Commission; one member with expertise in a scientific discipline
3665 related to water resources, appointed by the President of the
3666 Senate; and one member with expertise in a scientific discipline
3667 related to water resources, appointed by the Speaker of the
3668 House of Representatives, all of whom shall be voting members.
3669 (b) The executive directors of each of the five water
3670 management districts, all of whom shall be nonvoting members.
3671 (3) Members appointed by the President of the Senate and
3672 Speaker of the House of Representatives shall serve 2-year
3673 terms, but may not serve more than a total of 6 years. The
3674 President of the Senate and the Speaker of the House of
3675 Representatives may fill a vacancy at any time for an unexpired
3676 term of an appointed member.
3677 (4) If a member of the council is disqualified from serving
3678 because he or she no longer holds the position required to serve
3679 under this section, the interim head of the agency shall serve
3680 as the agency representative.
3681 (5) The two appointed council members shall receive
3682 reimbursement for expenses and per diem for travel to attend
3683 council meetings authorized pursuant to s. 112.061 while in the
3684 performance of their duties.
3685 (6) The council shall hold periodic meetings at the request
3686 of the chair, but must hold at least two public meetings,
3687 separately noticed, each year in which the public has the
3688 opportunity to participate and comment. Unless otherwise
3689 provided by law, notice for each meeting must be published in a
3690 newspaper of general circulation in the area where the meeting
3691 is to be held at least 5 days but no more than 15 days before
3692 the meeting date.
3693 (a) By July 15, 2016, and on or before July 15 of each year
3694 thereafter, the council shall release a tentative water
3695 resources work program containing its legislative
3696 recommendations for water resource projects. The public has 30
3697 days to submit comments regarding the tentative program.
3698 (b) The council shall adopt the tentative work program
3699 containing its legislative recommendations and submit it to the
3700 Governor, the President of the Senate, and the Speaker of the
3701 House of Representatives by August 31, 2016, and on or before
3702 August 31 of each year thereafter. An affirmative vote of three
3703 members of the council is required to adopt the tentative work
3704 program.
3705 (7) The department shall provide primary staff support to
3706 the council and shall ensure that council meetings are
3707 electronically recorded. Such recordings must be preserved
3708 pursuant to chapters 119 and 257.
3709 (8) The council shall recommend rules for adoption by the
3710 department to competitively evaluate, select, and rank projects
3711 for the tentative water resources work program. The council
3712 shall develop specific criteria for the evaluation, selection,
3713 and ranking of projects, including a preference for projects
3714 that will have a significant, measurable impact on improving
3715 water quantity or water quality; projects in areas of greatest
3716 impairment; projects of state or regional significance; projects
3717 recommended by multiple districts or multiple local governments
3718 cooperatively; projects with a significant monetary commitment
3719 by the local project sponsor or sponsors; projects in rural
3720 areas of opportunity as defined in s. 288.0656; projects that
3721 may be funded through appropriate loan programs; and projects
3722 that have significant private contributions of time or money.
3723 (9) The department, in consultation with the Department of
3724 Agriculture and Consumer Services, the Fish and Wildlife
3725 Conservation Commission, and the water management districts,
3726 shall adopt rules to implement this section.
3727 Section 37. Section 403.0617, Florida Statutes, is created
3728 to read:
3729 403.0617 Innovative nutrient and sediment reduction and
3730 conservation pilot project program.—
3731 (1) By October 1, 2015, the department shall propose rules
3732 for adoption to competitively evaluate and rank projects for
3733 selection and prioritization by the Water Resources Advisory
3734 Council, pursuant to s. 403.0616, for submission to the
3735 Legislature for funding. These pilot projects are intended to
3736 test the effectiveness of innovative or existing nutrient
3737 reduction or water conservation technologies, programs or
3738 practices designed to minimize nutrient pollution or restore
3739 flows in the water bodies of the state. The department must
3740 include in the evaluation criteria a determination by the
3741 department that the pilot project will not be harmful to the
3742 ecological resources in the study area.
3743 (2) In developing these rules, the department shall give
3744 preference to the projects that will result in the greatest
3745 improvement to water quality and water quantity for the dollars
3746 to be expended for the project. At a minimum, the department
3747 shall consider all of the following:
3748 (a) The level of nutrient impairment of the waterbody,
3749 watershed, or water segment in which the project is located.
3750 (b) The quantity of nutrients the project is estimated to
3751 remove from a water body, watershed, or water segment with an
3752 adopted nutrient total maximum daily load.
3753 (c) The potential for the project to provide a cost-
3754 effective solution to pollution, including pollution caused by
3755 onsite sewage treatment and disposal systems.
3756 (d) The anticipated impact the project will have on
3757 restoring or increasing flow or water level.
3758 (e) The amount of matching funds for the project which will
3759 be provided by the entities responsible for implementing the
3760 project.
3761 (f) Whether the project is located in a rural area of
3762 opportunity, as defined in s. 288.0656, with preference given to
3763 the local government responsible for implementing the project.
3764 (g) For multiple-year projects, whether the project has
3765 funding sources that are identified and assured through the
3766 expected completion date of the project.
3767 (h) The cost of the project and the length of time it will
3768 take to complete relative to its expected benefits.
3769 (i) Whether the entities responsible for implementing the
3770 project have used their own funds for projects to improve water
3771 quality or conserve water use with preference given to those
3772 entities that have expended such funds.
3773 Section 38. Section 403.0623, Florida Statutes, is amended
3774 to read:
3775 403.0623 Environmental data; quality assurance.—
3776 (1) The department must establish, by rule, appropriate
3777 quality assurance requirements for environmental data submitted
3778 to the department and the criteria by which environmental data
3779 may be rejected by the department. The department may adopt and
3780 enforce rules to establish data quality objectives and specify
3781 requirements for training of laboratory and field staff, sample
3782 collection methodology, proficiency testing, and audits of
3783 laboratory and field sampling activities. Such rules may be in
3784 addition to any laboratory certification provisions under ss.
3785 403.0625 and 403.863.
3786 (2)(a) The department, in coordination with the water
3787 management districts, regional water supply authorities, and the
3788 Department of Agriculture and Consumer Services shall establish
3789 standards for the collection and analysis of water quantity,
3790 water quality, and related data to ensure quality, reliability,
3791 and validity of the data and testing results.
3792 (b) To the extent practicable, the department shall
3793 coordinate with federal agencies to ensure that its collection
3794 and analysis of water quality, water quantity, and related data,
3795 which may be used by any state agency, water management
3796 district, or local government, is consistent with this
3797 subsection.
3798 (c) In order to receive state funds for the acquisition of
3799 lands or the financing of a water resource project, state
3800 agencies and water management districts must show that they
3801 followed the department’s collection and analysis standards, if
3802 available, as a prerequisite for any such request for funding.
3803 (d) The department and the water management districts may
3804 adopt rules to implement this subsection.
3805 Section 39. Subsection (7) of section 403.067, Florida
3806 Statutes, is amended to read:
3807 403.067 Establishment and implementation of total maximum
3808 daily loads.—
3809 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
3810 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
3811 (a) Basin management action plans.—
3812 1. In developing and implementing the total maximum daily
3813 load for a water body, the department, or the department in
3814 conjunction with a water management district, may develop a
3815 basin management action plan that addresses some or all of the
3816 watersheds and basins tributary to the water body. Such plan
3817 must integrate the appropriate management strategies available
3818 to the state through existing water quality protection programs
3819 to achieve the total maximum daily loads and may provide for
3820 phased implementation of these management strategies to promote
3821 timely, cost-effective actions as provided for in s. 403.151.
3822 The plan must establish a schedule implementing the management
3823 strategies, establish a basis for evaluating the plan’s
3824 effectiveness, and identify feasible funding strategies for
3825 implementing the plan’s management strategies. The management
3826 strategies may include regional treatment systems or other
3827 public works, where appropriate, and voluntary trading of water
3828 quality credits to achieve the needed pollutant load reductions.
3829 2. A basin management action plan must equitably allocate,
3830 pursuant to paragraph (6)(b), pollutant reductions to individual
3831 basins, as a whole to all basins, or to each identified point
3832 source or category of nonpoint sources, as appropriate. For
3833 nonpoint sources for which best management practices have been
3834 adopted, the initial requirement specified by the plan must be
3835 those practices developed pursuant to paragraph (c). Where
3836 appropriate, the plan may take into account the benefits of
3837 pollutant load reduction achieved by point or nonpoint sources
3838 that have implemented management strategies to reduce pollutant
3839 loads, including best management practices, before the
3840 development of the basin management action plan. The plan must
3841 also identify the mechanisms that will address potential future
3842 increases in pollutant loading.
3843 3. The basin management action planning process is intended
3844 to involve the broadest possible range of interested parties,
3845 with the objective of encouraging the greatest amount of
3846 cooperation and consensus possible. In developing a basin
3847 management action plan, the department shall assure that key
3848 stakeholders, including, but not limited to, applicable local
3849 governments, water management districts, the Department of
3850 Agriculture and Consumer Services, other appropriate state
3851 agencies, local soil and water conservation districts,
3852 environmental groups, regulated interests, and affected
3853 pollution sources, are invited to participate in the process.
3854 The department shall hold at least one public meeting in the
3855 vicinity of the watershed or basin to discuss and receive
3856 comments during the planning process and shall otherwise
3857 encourage public participation to the greatest practicable
3858 extent. Notice of the public meeting must be published in a
3859 newspaper of general circulation in each county in which the
3860 watershed or basin lies not less than 5 days nor more than 15
3861 days before the public meeting. A basin management action plan
3862 does not supplant or otherwise alter any assessment made under
3863 subsection (3) or subsection (4) or any calculation or initial
3864 allocation.
3865 4. Each new or revised basin management action plan shall
3866 include:
3867 a. The appropriate management strategies available through
3868 existing water quality protection programs to achieve total
3869 maximum daily loads, which may provide for phased implementation
3870 to promote timely, cost-effective actions as provided for in s.
3871 403.151;
3872 b. A description of best management practices adopted by
3873 rule;
3874 c. A list of projects in priority ranking with a planning
3875 level cost estimate and estimated date of completion for each
3876 listed project;
3877 d. The source and amount of financial assistance to be made
3878 available by the department, a water management district, or
3879 other entity for each listed project, if applicable; and
3880 e. A planning-level estimate of each listed project’s
3881 expected load reduction, if applicable.
3882 5.4. The department shall adopt all or any part of a basin
3883 management action plan and any amendment to such plan by
3884 secretarial order pursuant to chapter 120 to implement the
3885 provisions of this section.
3886 6.5. The basin management action plan must include
3887 milestones for implementation and water quality improvement, and
3888 an associated water quality monitoring component sufficient to
3889 evaluate whether reasonable progress in pollutant load
3890 reductions is being achieved over time. An assessment of
3891 progress toward these milestones shall be conducted every 5
3892 years, and revisions to the plan shall be made as appropriate.
3893 Revisions to the basin management action plan shall be made by
3894 the department in cooperation with basin stakeholders. Revisions
3895 to the management strategies required for nonpoint sources must
3896 follow the procedures set forth in subparagraph (c)4. Revised
3897 basin management action plans must be adopted pursuant to
3898 subparagraph 5. 4.
3899 7.6. In accordance with procedures adopted by rule under
3900 paragraph (9)(c), basin management action plans, and other
3901 pollution control programs under local, state, or federal
3902 authority as provided in subsection (4), may allow point or
3903 nonpoint sources that will achieve greater pollutant reductions
3904 than required by an adopted total maximum load or wasteload
3905 allocation to generate, register, and trade water quality
3906 credits for the excess reductions to enable other sources to
3907 achieve their allocation; however, the generation of water
3908 quality credits does not remove the obligation of a source or
3909 activity to meet applicable technology requirements or adopted
3910 best management practices. Such plans must allow trading between
3911 NPDES permittees, and trading that may or may not involve NPDES
3912 permittees, where the generation or use of the credits involve
3913 an entity or activity not subject to department water discharge
3914 permits whose owner voluntarily elects to obtain department
3915 authorization for the generation and sale of credits.
3916 8.7. The provisions of the department’s rule relating to
3917 the equitable abatement of pollutants into surface waters do not
3918 apply to water bodies or water body segments for which a basin
3919 management plan that takes into account future new or expanded
3920 activities or discharges has been adopted under this section.
3921 (b) Total maximum daily load implementation.—
3922 1. The department shall be the lead agency in coordinating
3923 the implementation of the total maximum daily loads through
3924 existing water quality protection programs. Application of a
3925 total maximum daily load by a water management district must be
3926 consistent with this section and does not require the issuance
3927 of an order or a separate action pursuant to s. 120.536(1) or s.
3928 120.54 for the adoption of the calculation and allocation
3929 previously established by the department. Such programs may
3930 include, but are not limited to:
3931 a. Permitting and other existing regulatory programs,
3932 including water-quality-based effluent limitations;
3933 b. Nonregulatory and incentive-based programs, including
3934 best management practices, cost sharing, waste minimization,
3935 pollution prevention, agreements established pursuant to s.
3936 403.061(21), and public education;
3937 c. Other water quality management and restoration
3938 activities, for example surface water improvement and management
3939 plans approved by water management districts or basin management
3940 action plans developed pursuant to this subsection;
3941 d. Trading of water quality credits or other equitable
3942 economically based agreements;
3943 e. Public works including capital facilities; or
3944 f. Land acquisition.
3945 2. For a basin management action plan adopted pursuant to
3946 paragraph (a), any management strategies and pollutant reduction
3947 requirements associated with a pollutant of concern for which a
3948 total maximum daily load has been developed, including effluent
3949 limits set forth for a discharger subject to NPDES permitting,
3950 if any, must be included in a timely manner in subsequent NPDES
3951 permits or permit modifications for that discharger. The
3952 department may not impose limits or conditions implementing an
3953 adopted total maximum daily load in an NPDES permit until the
3954 permit expires, the discharge is modified, or the permit is
3955 reopened pursuant to an adopted basin management action plan.
3956 a. Absent a detailed allocation, total maximum daily loads
3957 must be implemented through NPDES permit conditions that provide
3958 for a compliance schedule. In such instances, a facility’s NPDES
3959 permit must allow time for the issuance of an order adopting the
3960 basin management action plan. The time allowed for the issuance
3961 of an order adopting the plan may not exceed 5 years. Upon
3962 issuance of an order adopting the plan, the permit must be
3963 reopened or renewed, as necessary, and permit conditions
3964 consistent with the plan must be established. Notwithstanding
3965 the other provisions of this subparagraph, upon request by an
3966 NPDES permittee, the department as part of a permit issuance,
3967 renewal, or modification may establish individual allocations
3968 before the adoption of a basin management action plan.
3969 b. For holders of NPDES municipal separate storm sewer
3970 system permits and other stormwater sources, implementation of a
3971 total maximum daily load or basin management action plan must be
3972 achieved, to the maximum extent practicable, through the use of
3973 best management practices or other management measures.
3974 c. The basin management action plan does not relieve the
3975 discharger from any requirement to obtain, renew, or modify an
3976 NPDES permit or to abide by other requirements of the permit.
3977 d. Management strategies set forth in a basin management
3978 action plan to be implemented by a discharger subject to
3979 permitting by the department must be completed pursuant to the
3980 schedule set forth in the basin management action plan. This
3981 implementation schedule may extend beyond the 5-year term of an
3982 NPDES permit.
3983 e. Management strategies and pollution reduction
3984 requirements set forth in a basin management action plan for a
3985 specific pollutant of concern are not subject to challenge under
3986 chapter 120 at the time they are incorporated, in an identical
3987 form, into a subsequent NPDES permit or permit modification.
3988 f. For nonagricultural pollutant sources not subject to
3989 NPDES permitting but permitted pursuant to other state,
3990 regional, or local water quality programs, the pollutant
3991 reduction actions adopted in a basin management action plan must
3992 be implemented to the maximum extent practicable as part of
3993 those permitting programs.
3994 g. A nonpoint source discharger included in a basin
3995 management action plan must demonstrate compliance with the
3996 pollutant reductions established under subsection (6) by
3997 implementing the appropriate best management practices
3998 established pursuant to paragraph (c) or conducting water
3999 quality monitoring prescribed by the department or a water
4000 management district. A nonpoint source discharger may, in
4001 accordance with department rules, supplement the implementation
4002 of best management practices with water quality credit trades in
4003 order to demonstrate compliance with the pollutant reductions
4004 established under subsection (6).
4005 h. A nonpoint source discharger included in a basin
4006 management action plan may be subject to enforcement action by
4007 the department or a water management district based upon a
4008 failure to implement the responsibilities set forth in sub
4009 subparagraph g.
4010 i. A landowner, discharger, or other responsible person who
4011 is implementing applicable management strategies specified in an
4012 adopted basin management action plan may not be required by
4013 permit, enforcement action, or otherwise to implement additional
4014 management strategies, including water quality credit trading,
4015 to reduce pollutant loads to attain the pollutant reductions
4016 established pursuant to subsection (6) and shall be deemed to be
4017 in compliance with this section. This subparagraph does not
4018 limit the authority of the department to amend a basin
4019 management action plan as specified in subparagraph (a)6. (a)5.
4020 (c) Best management practices.—
4021 1. The department, in cooperation with the water management
4022 districts and other interested parties, as appropriate, may
4023 develop suitable interim measures, best management practices, or
4024 other measures necessary to achieve the level of pollution
4025 reduction established by the department for nonagricultural
4026 nonpoint pollutant sources in allocations developed pursuant to
4027 subsection (6) and this subsection. These practices and measures
4028 may be adopted by rule by the department and the water
4029 management districts and, where adopted by rule, shall be
4030 implemented by those parties responsible for nonagricultural
4031 nonpoint source pollution.
4032 2. The Department of Agriculture and Consumer Services may
4033 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
4034 suitable interim measures, best management practices, or other
4035 measures necessary to achieve the level of pollution reduction
4036 established by the department for agricultural pollutant sources
4037 in allocations developed pursuant to subsection (6) and this
4038 subsection or for programs implemented pursuant to paragraph
4039 (12)(b) (13)(b). These practices and measures may be implemented
4040 by those parties responsible for agricultural pollutant sources
4041 and the department, the water management districts, and the
4042 Department of Agriculture and Consumer Services shall assist
4043 with implementation. In the process of developing and adopting
4044 rules for interim measures, best management practices, or other
4045 measures, the Department of Agriculture and Consumer Services
4046 shall consult with the department, the Department of Health, the
4047 water management districts, representatives from affected
4048 farming groups, and environmental group representatives. Such
4049 rules must also incorporate provisions for a notice of intent to
4050 implement the practices and a system to assure the
4051 implementation of the practices, including site inspection and
4052 recordkeeping requirements.
4053 3. Where interim measures, best management practices, or
4054 other measures are adopted by rule, the effectiveness of such
4055 practices in achieving the levels of pollution reduction
4056 established in allocations developed by the department pursuant
4057 to subsection (6) and this subsection or in programs implemented
4058 pursuant to paragraph (12)(b) (13)(b) must be verified at
4059 representative sites by the department. The department shall use
4060 best professional judgment in making the initial verification
4061 that the best management practices are reasonably expected to be
4062 effective and, where applicable, must notify the appropriate
4063 water management district or the Department of Agriculture and
4064 Consumer Services of its initial verification before the
4065 adoption of a rule proposed pursuant to this paragraph.
4066 Implementation, in accordance with rules adopted under this
4067 paragraph, of practices that have been initially verified to be
4068 effective, or verified to be effective by monitoring at
4069 representative sites, by the department, shall provide a
4070 presumption of compliance with state water quality standards and
4071 release from the provisions of s. 376.307(5) for those
4072 pollutants addressed by the practices, and the department is not
4073 authorized to institute proceedings against the owner of the
4074 source of pollution to recover costs or damages associated with
4075 the contamination of surface water or groundwater caused by
4076 those pollutants. Research projects funded by the department, a
4077 water management district, or the Department of Agriculture and
4078 Consumer Services to develop or demonstrate interim measures or
4079 best management practices shall be granted a presumption of
4080 compliance with state water quality standards and a release from
4081 the provisions of s. 376.307(5). The presumption of compliance
4082 and release is limited to the research site and only for those
4083 pollutants addressed by the interim measures or best management
4084 practices. Eligibility for the presumption of compliance and
4085 release is limited to research projects on sites where the owner
4086 or operator of the research site and the department, a water
4087 management district, or the Department of Agriculture and
4088 Consumer Services have entered into a contract or other
4089 agreement that, at a minimum, specifies the research objectives,
4090 the cost-share responsibilities of the parties, and a schedule
4091 that details the beginning and ending dates of the project.
4092 4. Where water quality problems are demonstrated, despite
4093 the appropriate implementation, operation, and maintenance of
4094 best management practices and other measures required by rules
4095 adopted under this paragraph, the department, a water management
4096 district, or the Department of Agriculture and Consumer
4097 Services, in consultation with the department, shall institute a
4098 reevaluation of the best management practice or other measure.
4099 Should the reevaluation determine that the best management
4100 practice or other measure requires modification, the department,
4101 a water management district, or the Department of Agriculture
4102 and Consumer Services, as appropriate, shall revise the rule to
4103 require implementation of the modified practice within a
4104 reasonable time period as specified in the rule.
4105 5. Agricultural records relating to processes or methods of
4106 production, costs of production, profits, or other financial
4107 information held by the Department of Agriculture and Consumer
4108 Services pursuant to subparagraphs 3. and 4. or pursuant to any
4109 rule adopted pursuant to subparagraph 2. are confidential and
4110 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
4111 Constitution. Upon request, records made confidential and exempt
4112 pursuant to this subparagraph shall be released to the
4113 department or any water management district provided that the
4114 confidentiality specified by this subparagraph for such records
4115 is maintained.
4116 6. The provisions of subparagraphs 1. and 2. do not
4117 preclude the department or water management district from
4118 requiring compliance with water quality standards or with
4119 current best management practice requirements set forth in any
4120 applicable regulatory program authorized by law for the purpose
4121 of protecting water quality. Additionally, subparagraphs 1. and
4122 2. are applicable only to the extent that they do not conflict
4123 with any rules adopted by the department that are necessary to
4124 maintain a federally delegated or approved program.
4125 (d) Enforcement and verification of basin management action
4126 plans and management strategies.—
4127 1. Basin management action plans are enforceable pursuant
4128 to this section and ss. 403.121, 403.141, and 403.161.
4129 Management strategies, including best management practices and
4130 water quality monitoring, are enforceable under this chapter.
4131 2. No later than January 1, 2016:
4132 a. The department, in consultation with the water
4133 management districts and the Department of Agriculture and
4134 Consumer Services, shall initiate rulemaking to adopt procedures
4135 to verify implementation of water quality monitoring required in
4136 lieu of implementation of best management practices or other
4137 measures pursuant to s. 403.067(7)(b)2.g.;
4138 b. The department, in consultation with the water
4139 management districts and the Department of Agriculture and
4140 Consumer Services, shall initiate rulemaking to adopt procedures
4141 to verify implementation of nonagricultural interim measures,
4142 best management practices, or other measures adopted by rule
4143 pursuant to s. 403.067(7)(c)1.; and
4144 c. The Department of Agriculture and Consumer Services, in
4145 consultation with the water management districts and the
4146 department, shall initiate rulemaking to adopt procedures to
4147 verify implementation of agricultural interim measures, best
4148 management practices, or other measures adopted by rule pursuant
4149 to s. 403.067(7)(c)2.
4150
4151 The above rules shall include enforcement procedures applicable
4152 to the landowner, discharger, or other responsible person
4153 required to implement applicable management strategies,
4154 including best management practices, or water quality monitoring
4155 as a result of noncompliance.
4156 Section 40. Section 403.0675, Florida Statutes, is created
4157 to read:
4158 403.0675 Progress reports.—On or before July 1, beginning
4159 July 1, 2017:
4160 (1) The department, in conjunction with the water
4161 management districts, shall post on its website and submit
4162 electronically an annual progress report to the Governor, the
4163 President of the Senate, and the Speaker of the House of
4164 Representatives on the status of each total maximum daily load,
4165 basin management action plan, minimum flow or minimum water
4166 level, and recovery or prevention strategy adopted pursuant to
4167 s. 403.067 or parts I and VIII of chapter 373. The report must
4168 include the status of each project identified to achieve an
4169 adopted total maximum daily load or an adopted minimum flow or
4170 minimum water level, as applicable. If a report indicates that
4171 any of the 5-, 10-, or 15-year milestones, or the 20-year target
4172 date, if applicable, for achieving a total maximum daily load or
4173 a minimum flow or minimum water level will not be met, the
4174 report must include an explanation of the possible causes and
4175 potential solutions. If applicable, the report must include
4176 project descriptions, estimated costs, proposed priority ranking
4177 for project implementation, and funding needed to achieve the
4178 total maximum daily load or the minimum flow or minimum water
4179 level by the target date. Each water management district shall
4180 post the department’s report on its website.
4181 (2) The Department of Agriculture and Consumer Services
4182 shall post on its website and submit electronically an annual
4183 progress report to the Governor, the President of the Senate,
4184 and the Speaker of the House of Representatives on the status of
4185 the implementation of the agricultural nonpoint source best
4186 management practices including an implementation assurance
4187 report summarizing survey responses and response rates, site
4188 inspections and other methods used to verify implementation of
4189 and compliance with best management practices pursuant to basin
4190 management action plans.
4191 Section 41. Subsection (21) is added to section 403.861,
4192 Florida Statutes, to read:
4193 403.861 Department; powers and duties.—The department shall
4194 have the power and the duty to carry out the provisions and
4195 purposes of this act and, for this purpose, to:
4196 (21)(a) Upon issuance of a construction permit to construct
4197 a new public water system drinking water treatment facility to
4198 provide potable water supply using a surface water of the state
4199 that, at the time of the permit application, is not being used
4200 as a potable water supply, and the classification of which does
4201 not include potable water supply as a designated use, the
4202 department shall add treated potable water supply as a
4203 designated use of the surface water segment in accordance with
4204 s. 403.061(29)(b).
4205 (b) For existing public water system drinking water
4206 treatment facilities that use a surface water of the state as a
4207 treated potable water supply, which surface water classification
4208 does not include potable water as a designated use, the
4209 department shall add treated potable water supply as a
4210 designated use of the surface water segment in accordance with
4211 s. 403.061(29)(b).
4212 Section 42. This act shall take effect July 1, 2015.