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 users
  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         373.801Legislative 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         373.813Rules.—
 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         403.0616Florida 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.