Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 918
Ì322890/Î322890
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/08/2015 .
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Appropriations Subcommittee on General Government (Dean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (g) is added to subsection (11) of
6 section 259.032, Florida Statutes, to read:
7 259.032 Conservation and Recreation Lands Trust Fund;
8 purpose.—
9 (11)
10 (g) In order to ensure that the public has knowledge of and
11 access to conservation lands, as defined in s. 253.034(2)(c),
12 the department shall publish, update, and maintain a database of
13 such lands where public access is compatible with conservation
14 and recreation purposes.
15 1. By July 1, 2016, the database must be available to the
16 public online and must include, at a minimum, the location,
17 types of allowable recreational opportunities, points of public
18 access, facilities or other amenities, restrictions, and any
19 other information the department deems appropriate to increase
20 public awareness of recreational opportunities on conservation
21 lands. Such data must be electronically accessible, searchable,
22 and downloadable in a generally acceptable format.
23 2. The department, through its own efforts or through
24 partnership with a third-party entity, shall create an
25 application downloadable on mobile devices to be used to locate
26 state lands available for public access using the user’s
27 locational information or based upon an activity of interest.
28 3. The database and application must include information
29 for all state conservation lands to which the public has a right
30 of access for recreational purposes. Beginning January 1, 2018,
31 to the greatest extent practicable, the database shall include
32 similar information for lands owned by federal and local
33 government entities that allow access for recreational purposes.
34 4. By January 1 of each year, the department shall provide
35 a report to the Governor, the President of the Senate, and the
36 Speaker of the House of Representatives describing the
37 percentage of public lands acquired under this chapter to which
38 the public has access and efforts undertaken by the department
39 to increase public access to such lands.
40 Section 2. Section 260.0144, Florida Statutes, is amended
41 to read:
42 260.0144 Sponsorship of state greenways and trails.—The
43 department may enter into a concession agreement with a not-for
44 profit entity or private sector business or entity for
45 commercial sponsorship to be displayed on state greenway and
46 trail facilities not included within the Shared-Use Nonmotorized
47 Trail Network established in chapter 339 or property specified
48 in this section. The department may establish the cost for
49 entering into a concession agreement.
50 (1) A concession agreement shall be administered by the
51 department and must include the requirements found in this
52 section.
53 (2)(a) Space for a commercial sponsorship display may be
54 provided through a concession agreement on certain state-owned
55 greenway or trail facilities or property.
56 (b) Signage or displays erected under this section shall
57 comply with the provisions of s. 337.407 and chapter 479, and
58 shall be limited as follows:
59 1. One large sign or display, not to exceed 16 square feet
60 in area, may be located at each trailhead or parking area.
61 2. One small sign or display, not to exceed 4 square feet
62 in area, may be located at each designated trail public access
63 point.
64 (c) Before installation, each name or sponsorship display
65 must be approved by the department.
66 (d) The department shall ensure that the size, color,
67 materials, construction, and location of all signs are
68 consistent with the management plan for the property and the
69 standards of the department, do not intrude on natural and
70 historic settings, and contain only a logo selected by the
71 sponsor and the following sponsorship wording:
72
73 ...(Name of the sponsor)... proudly sponsors the costs
74 of maintaining the ...(Name of the greenway or
75 trail)....
76
77 (e) Sponsored state greenways and trails are authorized at
78 the following facilities or property:
79 1. Florida Keys Overseas Heritage Trail.
80 2. Blackwater Heritage Trail.
81 3. Tallahassee-St. Marks Historic Railroad State Trail.
82 4. Nature Coast State Trail.
83 5. Withlacoochee State Trail.
84 6. General James A. Van Fleet State Trail.
85 7. Palatka-Lake Butler State Trail.
86 (e)(f) The department may enter into commercial sponsorship
87 agreements for other state greenways or trails as authorized in
88 this section. A qualified entity that desires to enter into a
89 commercial sponsorship agreement shall apply to the department
90 on forms adopted by department rule.
91 (f)(g) All costs of a display, including development,
92 construction, installation, operation, maintenance, and removal
93 costs, shall be paid by the concessionaire.
94 (3) A concession agreement shall be for a minimum of 1
95 year, but may be for a longer period under a multiyear
96 agreement, and may be terminated for just cause by the
97 department upon 60 days’ advance notice. Just cause for
98 termination of a concession agreement includes, but is not
99 limited to, violation of the terms of the concession agreement
100 or any provision of this section.
101 (4) Commercial sponsorship pursuant to a concession
102 agreement is for public relations or advertising purposes of the
103 not-for-profit entity or private sector business or entity, and
104 may not be construed by that not-for-profit entity or private
105 sector business or entity as having a relationship to any other
106 actions of the department.
107 (5) This section does not create a proprietary or
108 compensable interest in any sign, display site, or location.
109 (6) Proceeds from concession agreements shall be
110 distributed as follows:
111 (a) Eighty-five percent shall be deposited into the
112 appropriate department trust fund that is the source of funding
113 for management and operation of state greenway and trail
114 facilities and properties.
115 (b) Fifteen percent shall be deposited into the State
116 Transportation Trust Fund for use in the Traffic and Bicycle
117 Safety Education Program and the Safe Paths to School Program
118 administered by the Department of Transportation.
119 (7) The department may adopt rules to administer this
120 section.
121 Section 3. Subsections (3) and (4) of section 335.065,
122 Florida Statutes, are amended to read:
123 335.065 Bicycle and pedestrian ways along state roads and
124 transportation facilities.—
125 (3) The department, in cooperation with the Department of
126 Environmental Protection, shall establish a statewide integrated
127 system of bicycle and pedestrian ways in such a manner as to
128 take full advantage of any such ways which are maintained by any
129 governmental entity. The department may enter into a concession
130 agreement with a not-for-profit entity or private sector
131 business or entity for commercial sponsorship displays on
132 multiuse trails and related facilities and use any concession
133 agreement revenues for the maintenance of the multiuse trails
134 and related facilities. Commercial sponsorship displays are
135 subject to the requirements of the Highway Beautification Act of
136 1965 and all federal laws and agreements, when applicable. For
137 the purposes of this section, bicycle facilities may be
138 established as part of or separate from the actual roadway and
139 may utilize existing road rights-of-way or other rights-of-way
140 or easements acquired for public use.
141 (a) A concession agreement shall be administered by the
142 department and must include the requirements of this section.
143 (b)1. Signage or displays erected under this section shall
144 comply with s. 337.407 and chapter 479 and shall be limited as
145 follows:
146 a. One large sign or display, not to exceed 16 square feet
147 in area, may be located at each trailhead or parking area.
148 b. One small sign or display, not to exceed 4 square feet
149 in area, may be located at each designated trail public access
150 point.
151 2. Before installation, each name or sponsorship display
152 must be approved by the department.
153 3. The department shall ensure that the size, color,
154 materials, construction, and location of all signs are
155 consistent with the management plan for the property and the
156 standards of the department, do not intrude on natural and
157 historic settings, and contain only a logo selected by the
158 sponsor and the following sponsorship wording:
159
160 ...(Name of the sponsor)... proudly sponsors the costs
161 of maintaining the ...(Name of the greenway or
162 trail)....
163
164 4. All costs of a display, including development,
165 construction, installation, operation, maintenance, and removal
166 costs, shall be paid by the concessionaire.
167 (c) A concession agreement shall be for a minimum of 1
168 year, but may be for a longer period under a multiyear
169 agreement, and may be terminated for just cause by the
170 department upon 60 days’ advance notice. Just cause for
171 termination of a concession agreement includes, but is not
172 limited to, violation of the terms of the concession agreement
173 or this section.
174 (4)(a) The department may use appropriated funds to support
175 the establishment of a statewide system of interconnected
176 multiuse trails and to pay the costs of planning, land
177 acquisition, design, and construction of such trails and related
178 facilities. The department shall give funding priority to
179 projects that:
180 1. Are identified by the Florida Greenways and Trails
181 Council as a priority within the Florida Greenways and Trails
182 System under chapter 260.
183 2. Support the transportation needs of bicyclists and
184 pedestrians.
185 3. Have national, statewide, or regional importance.
186 4. Facilitate an interconnected system of trails by
187 completing gaps between existing trails.
188 (b) A project funded under this subsection shall:
189 1. Be included in the department’s work program developed
190 in accordance with s. 339.135.
191 2. Be operated and maintained by an entity other than the
192 department upon completion of construction. The department is
193 not obligated to provide funds for the operation and maintenance
194 of the project.
195 Section 4. Section 339.81, Florida Statutes, is created to
196 read:
197 339.81 Florida Shared-Use Nonmotorized Trail Network.—
198 (1) The Legislature finds that increasing demands continue
199 to be placed on the state’s transportation system by a growing
200 economy, continued population growth, and increasing tourism.
201 The Legislature also finds that significant challenges exist in
202 providing additional capacity to the conventional transportation
203 system and enhanced accommodation of alternative travel modes to
204 meet the needs of residents and visitors are required. The
205 Legislature further finds that improving bicyclist and
206 pedestrian safety for both residents and visitors remains a high
207 priority. Therefore, the Legislature declares that the
208 development of a nonmotorized trail network will increase
209 mobility and recreational alternatives for residents and
210 visitors of this state, enhance economic prosperity, enrich
211 quality of life, enhance safety, and reflect responsible
212 environmental stewardship. To that end, it is the intent of the
213 Legislature that the department make use of its expertise in
214 efficiently providing transportation projects and develop the
215 Florida Shared-Use Nonmotorized Trail Network, consisting of a
216 statewide network of nonmotorized trails, which allows
217 nonmotorized vehicles and pedestrians to access a variety of
218 origins and destinations with limited exposure to motorized
219 vehicles.
220 (2) The Florida Shared-Use Nonmotorized Trail Network is
221 created as a component of the Florida Greenways and Trails
222 System established in chapter 260. The statewide network
223 consists of multiuse trails or shared-use paths physically
224 separated from motor vehicle traffic and constructed with
225 asphalt, concrete, or another hard surface which, by virtue of
226 design, location, extent of connectivity or potential
227 connectivity, and allowable uses, provides nonmotorized
228 transportation opportunities for bicyclists and pedestrians
229 statewide between and within a wide range of points of origin
230 and destinations, including, but not limited to, communities,
231 conservation areas, state parks, beaches, and other natural or
232 cultural attractions for a variety of trip purposes, including
233 work, school, shopping, and other personal business, as well as
234 social, recreational, and personal fitness purposes.
235 (3) Network components do not include sidewalks, nature
236 trails, loop trails wholly within a single park or natural area,
237 or on-road facilities, such as bicycle lanes or routes other
238 than:
239 (a) On-road facilities that are no longer than one-half
240 mile connecting two or more nonmotorized trails, if the
241 provision of a non-motorized trail without the use of the on
242 road facility is not feasible, and if such on-road facilities
243 are signed and marked for nonmotorized use; or
244 (b) On-road components of the Florida Keys Overseas
245 Heritage Trail.
246 (4) The planning, development, operation, and maintenance
247 of the Florida Shared-Use Nonmotorized Trail Network is declared
248 to be a public purpose, and the department, together with other
249 agencies of this state and all counties, municipalities, and
250 special districts of this state, may spend public funds for such
251 purposes and accept gifts and grants of funds, property, or
252 property rights from public or private sources to be used for
253 such purposes.
254 (5) The department shall include the Florida Shared-Use
255 Nonmotorized Trail Network in its work program developed
256 pursuant to s. 339.135. For purposes of funding and maintaining
257 projects within the network, the department shall allocate in
258 its program and resource plan a minimum of $50 million annually,
259 beginning in the 2015-2016 fiscal year.
260 (6) The department may enter into a memorandum of agreement
261 with a local government or other agency of the state to transfer
262 maintenance responsibilities of an individual network component.
263 The department may contract with a not-for-profit entity or
264 private sector business or entity to provide maintenance
265 services on an individual network component.
266 (7) The department may adopt rules to aid in the
267 development and maintenance of components of the network.
268 Section 5. Section 339.82, Florida Statutes, is created to
269 read:
270 339.82 Shared-Use Nonmotorized Trail Network Plan.—
271 (1) The department shall develop a network plan for the
272 Florida Shared-Use Nonmotorized Trail Network in coordination
273 with the Department of Environmental Protection, metropolitan
274 planning organizations, affected local governments and public
275 agencies, and the Florida Greenways and Trails Council. The plan
276 must be consistent with the Florida Greenways and Trails Plan
277 developed under s. 260.014 and must be updated at least once
278 every 5 years.
279 (2) The network plan must include all of the following:
280 (a) A needs assessment, including, but not limited to, a
281 comprehensive inventory and analysis of existing trails that may
282 be considered for inclusion in the Florida Shared-Use
283 Nonmotorized Trail Network.
284 (b) A project prioritization process that includes
285 assigning funding priority to projects that:
286 1. Are identified by the Florida Greenways and Trails
287 Council as a priority within the Florida Greenways and Trails
288 System under chapter 260;
289 2. Facilitate an interconnected network of trails by
290 completing gaps between existing facilities; and
291 3. Maximize use of federal, local, and private funding and
292 support mechanisms, including, but not limited to, donation of
293 funds, real property, and maintenance responsibilities.
294 (c) A map that illustrates existing and planned facilities
295 and identifies critical gaps between facilities.
296 (d) A finance plan based on reasonable projections of
297 anticipated revenues, including both 5-year and 10-year cost
298 feasible components.
299 (e) Performance measures that include quantifiable
300 increases in trail network access and connectivity.
301 (f) A timeline for the completion of the base network using
302 new and existing data from the department, the Department of
303 Environmental Protection, and other sources.
304 (g) A marketing plan prepared in consultation with the
305 Florida Tourism Industry Marketing Corporation.
306 Section 6. Section 339.83, Florida Statutes, is created to
307 read:
308 339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
309 (1) The department may enter into a concession agreement
310 with a not-for-profit entity or private sector business or
311 entity for commercial sponsorship signs, pavement markings, and
312 exhibits on nonmotorized trails and related facilities
313 constructed as part of the Shared-Use Nonmotorized Trail
314 Network. The concession agreement may also provide for
315 recognition of trail sponsors in any brochure, map, or website
316 providing trail information. Trail websites may provide links to
317 sponsors. Revenue from such agreements may be used for the
318 maintenance of the nonmotorized trails and related facilities.
319 (a) A concession agreement shall be administered by the
320 department.
321 (b)1. Signage, pavement markings, or exhibits erected
322 pursuant to this section must comply with s. 337.407 and chapter
323 479 and are limited as follows:
324 a. One large sign, pavement marking, or exhibit, not to
325 exceed 16 square feet in area, may be located at each trailhead
326 or parking area.
327 b. One small sign, pavement marking, or exhibit, not to
328 exceed 4 square feet in area, may be located at each designated
329 trail public access point where parking is not provided.
330 c. Pavement markings denoting specified distances must be
331 located at least 1 mile apart.
332 2. Before installation, each sign, pavement marking, or
333 exhibit must be approved by the department.
334 3. The department shall ensure that the size, color,
335 materials, construction, and location of all signs, pavement
336 markings, and exhibits are consistent with the management plan
337 for the property and the standards of the department, do not
338 intrude on natural and historic settings, and contain a logo
339 selected by the sponsor and the following sponsorship wording:
340
341 ...(Name of the sponsor)... proudly sponsors the costs
342 of maintaining the ...(Name of the greenway or
343 trail)....
344
345 4. Exhibits may provide additional information and
346 materials, including, but not limited to, maps and brochures for
347 trail user services related or proximate to the trail. Pavement
348 markings may display mile marker information.
349 5. The costs of a sign, pavement marking, or exhibit,
350 including development, construction, installation, operation,
351 maintenance, and removal costs, shall be paid by the
352 concessionaire.
353 (c) A concession agreement shall be for a minimum of 1
354 year, but may be for a longer period under a multiyear
355 agreement, and may be terminated for just cause by the
356 department upon 60 days’ advance notice. Just cause for
357 termination of a concession agreement includes, but is not
358 limited to, violation of the terms of the concession agreement
359 or this section.
360 (2) Pursuant to s. 287.057, the department may contract for
361 the provision of services related to the trail sponsorship
362 program, including recruitment and qualification of businesses,
363 review of applications, permit issuance, and fabrication,
364 installation, and maintenance of signs, pavement markings, and
365 exhibits. The department may reject all proposals and seek
366 another request for proposals or otherwise perform the work. The
367 contract may allow the contractor to retain a portion of the
368 annual fees as compensation for its services.
369 (3) This section does not create a proprietary or
370 compensable interest in any sponsorship site or location for any
371 permittee, and the department may terminate permits or change
372 locations of sponsorship sites as it determines necessary for
373 construction or improvement of facilities.
374 (4) The department may adopt rules to establish
375 requirements for qualification of businesses, qualification and
376 location of sponsorship sites, and permit applications and
377 processing. The department may adopt rules to establish other
378 criteria necessary to implement this section and to provide for
379 variances when necessary to serve the interest of the public or
380 when required to ensure equitable treatment of program
381 participants.
382 Section 7. Subsection (24) of section 373.019, Florida
383 Statutes, is amended to read:
384 373.019 Definitions.—When appearing in this chapter or in
385 any rule, regulation, or order adopted pursuant thereto, the
386 term:
387 (24) “Water resource development” means the formulation and
388 implementation of regional water resource management strategies,
389 including the collection and evaluation of surface water and
390 groundwater data; structural and nonstructural programs to
391 protect and manage water resources; the development of regional
392 water resource implementation programs; the construction,
393 operation, and maintenance of major public works facilities to
394 provide for flood control, surface and underground water
395 storage, and groundwater recharge augmentation; and related
396 technical assistance to local governments, and to government
397 owned and privately owned water utilities, and self-suppliers to
398 the extent assistance to self-suppliers promotes the policies as
399 set forth in s. 373.016.
400 Section 8. Paragraph (b) of subsection (7) of section
401 373.036, Florida Statutes, is amended to read:
402 373.036 Florida water plan; district water management
403 plans.—
404 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
405 (b) The consolidated annual report shall contain the
406 following elements, as appropriate to that water management
407 district:
408 1. A district water management plan annual report or the
409 annual work plan report allowed in subparagraph (2)(e)4.
410 2. The department-approved minimum flows and minimum water
411 levels annual priority list and schedule required by s.
412 373.042(3) s. 373.042(2).
413 3. The annual 5-year capital improvements plan required by
414 s. 373.536(6)(a)3.
415 4. The alternative water supplies annual report required by
416 s. 373.707(8)(n).
417 5. The final annual 5-year water resource development work
418 program required by s. 373.536(6)(a)4.
419 6. The Florida Forever Water Management District Work Plan
420 annual report required by s. 373.199(7).
421 7. The mitigation donation annual report required by s.
422 373.414(1)(b)2.
423 8. Information on all projects related to water quality or
424 water quantity as part of a 5-year work program, including:
425 a. A list of all specific projects identified to implement
426 a basin management action plan or a recovery or prevention
427 strategy;
428 b. A priority ranking for each listed project for which
429 state funding through the water resources work program is
430 requested, which must be made available to the public for
431 comment at least 30 days before submission of the consolidated
432 annual report;
433 c. The estimated cost for each listed project;
434 d. The estimated completion date for each listed project;
435 e. The source and amount of financial assistance to be made
436 available by the department, a water management district, or
437 other entity for each listed project; and
438 f. A quantitative estimate of each listed project’s benefit
439 to the watershed, water body, or water segment in which it is
440 located.
441 9. A grade for each watershed, water body, or water segment
442 in which a project listed under subparagraph 8. is located
443 representing the level of impairment and violations of adopted
444 minimum flow or minimum water level. The grading system must
445 reflect the severity of the impairment of the watershed,
446 waterbody, or water segment.
447 Section 9. Section 373.042, Florida Statutes, is amended to
448 read:
449 373.042 Minimum flows and minimum water levels.—
450 (1) Within each section, or within the water management
451 district as a whole, the department or the governing board shall
452 establish the following:
453 (a) Minimum flow for all surface watercourses in the area.
454 The minimum flow for a given watercourse is shall be the limit
455 at which further withdrawals would be significantly harmful to
456 the water resources or ecology of the area.
457 (b) Minimum water level. The minimum water level is shall
458 be the level of groundwater in an aquifer and the level of
459 surface water at which further withdrawals would be
460 significantly harmful to the water resources or ecology of the
461 area.
462
463 The minimum flow and minimum water level shall be calculated by
464 the department and the governing board using the best
465 information available. When appropriate, minimum flows and
466 minimum water levels may be calculated to reflect seasonal
467 variations. The department and the governing board shall also
468 consider, and at their discretion may provide for, the
469 protection of nonconsumptive uses in the establishment of
470 minimum flows and minimum water levels.
471 (2)(a) If a minimum flow or minimum water level has been
472 established for an Outstanding Florida Spring, a water
473 management district or the department shall use the emergency
474 rulemaking authority provided in paragraph (c) to adopt a
475 minimum flow or minimum water level no later than July 1, 2016,
476 except for the Northwest Florida Water Management District,
477 which shall expeditiously adopt minimum flows and minimum water
478 levels for Outstanding Florida Springs no later than July 1,
479 2026.
480 (b) For Outstanding Florida Springs identified on a water
481 management district’s priority list developed pursuant to
482 subsection (3) which have the potential to be affected by
483 withdrawals in an adjacent district, the adjacent district or
484 districts and the department shall collaboratively develop and
485 implement a recovery or prevention strategy for an Outstanding
486 Florida Spring not meeting an adopted minimum flow or minimum
487 water level.
488 (c) The Legislature finds that the failure to adopt minimum
489 flows and minimum water levels or recovery or prevention
490 strategies for Outstanding Florida Springs has resulted in an
491 immediate danger to the public health, safety, and welfare and
492 that immediate action must be taken to address the condition of
493 Outstanding Florida Springs. The district or the department
494 shall use emergency rulemaking provisions pursuant to s.
495 120.54(4) to adopt minimum flows and minimum water levels under
496 this subsection and recovery or prevention strategies adopted
497 concurrently with a minimum flow or minimum water level pursuant
498 to s. 373.805(2).
499 (3)(2) By November 15, 1997, and annually thereafter, each
500 water management district shall submit to the department for
501 review and approval a priority list and schedule for the
502 establishment of minimum flows and minimum water levels for
503 surface watercourses, aquifers, and surface waters within the
504 district. The priority list and schedule shall identify those
505 listed water bodies for which the district will voluntarily
506 undertake independent scientific peer review; any reservations
507 proposed by the district to be established pursuant to s.
508 373.223(4); and those listed water bodies that have the
509 potential to be affected by withdrawals in an adjacent district
510 for which the department’s adoption of a reservation pursuant to
511 s. 373.223(4) or a minimum flow or minimum water level pursuant
512 to subsection (1) may be appropriate. By March 1, 2006, and
513 annually thereafter, each water management district shall
514 include its approved priority list and schedule in the
515 consolidated annual report required by s. 373.036(7). The
516 priority list shall be based upon the importance of the waters
517 to the state or region and the existence of or potential for
518 significant harm to the water resources or ecology of the state
519 or region, and shall include those waters which are experiencing
520 or may reasonably be expected to experience adverse impacts.
521 Each water management district’s priority list and schedule
522 shall include all first magnitude springs, and all second
523 magnitude springs within state or federally owned lands
524 purchased for conservation purposes. The specific schedule for
525 establishment of spring minimum flows and minimum water levels
526 shall be commensurate with the existing or potential threat to
527 spring flow from consumptive uses. Springs within the Suwannee
528 River Water Management District, or second magnitude springs in
529 other areas of the state, need not be included on the priority
530 list if the water management district submits a report to the
531 Department of Environmental Protection demonstrating that
532 adverse impacts are not now occurring nor are reasonably
533 expected to occur from consumptive uses during the next 20
534 years. The priority list and schedule is not subject to any
535 proceeding pursuant to chapter 120. Except as provided in
536 subsection (4) (3), the development of a priority list and
537 compliance with the schedule for the establishment of minimum
538 flows and minimum water levels pursuant to this subsection
539 satisfies the requirements of subsection (1).
540 (4)(3) Minimum flows or minimum water levels for priority
541 waters in the counties of Hillsborough, Pasco, and Pinellas
542 shall be established by October 1, 1997. Where a minimum flow or
543 minimum water level for the priority waters within those
544 counties has not been established by the applicable deadline,
545 the secretary of the department shall, if requested by the
546 governing body of any local government within whose jurisdiction
547 the affected waters are located, establish the minimum flow or
548 minimum water level in accordance with the procedures
549 established by this section. The department’s reasonable costs
550 in establishing a minimum flow or minimum water level shall,
551 upon request of the secretary, be reimbursed by the district.
552 (5)(4) A water management district shall provide the
553 department with technical information and staff support for the
554 development of a reservation, minimum flow or minimum water
555 level, or recovery or prevention strategy to be adopted by the
556 department by rule. A water management district shall apply any
557 reservation, minimum flow or minimum water level, or recovery or
558 prevention strategy adopted by the department by rule without
559 the district’s adoption by rule of such reservation, minimum
560 flow or minimum water level, or recovery or prevention strategy.
561 (6)(5)(a) Upon written request to the department or
562 governing board by a substantially affected person, or by
563 decision of the department or governing board, prior to the
564 establishment of a minimum flow or minimum water level and prior
565 to the filing of any petition for administrative hearing related
566 to the minimum flow or minimum water level, all scientific or
567 technical data, methodologies, and models, including all
568 scientific and technical assumptions employed in each model,
569 used to establish a minimum flow or minimum water level shall be
570 subject to independent scientific peer review. Independent
571 scientific peer review means review by a panel of independent,
572 recognized experts in the fields of hydrology, hydrogeology,
573 limnology, biology, and other scientific disciplines, to the
574 extent relevant to the establishment of the minimum flow or
575 minimum water level.
576 (b) If independent scientific peer review is requested, it
577 shall be initiated at an appropriate point agreed upon by the
578 department or governing board and the person or persons
579 requesting the peer review. If no agreement is reached, the
580 department or governing board shall determine the appropriate
581 point at which to initiate peer review. The members of the peer
582 review panel shall be selected within 60 days of the point of
583 initiation by agreement of the department or governing board and
584 the person or persons requesting the peer review. If the panel
585 is not selected within the 60-day period, the time limitation
586 may be waived upon the agreement of all parties. If no waiver
587 occurs, the department or governing board may proceed to select
588 the peer review panel. The cost of the peer review shall be
589 borne equally by the district and each party requesting the peer
590 review, to the extent economically feasible. The panel shall
591 submit a final report to the governing board within 120 days
592 after its selection unless the deadline is waived by agreement
593 of all parties. Initiation of peer review pursuant to this
594 paragraph shall toll any applicable deadline under chapter 120
595 or other law or district rule regarding permitting, rulemaking,
596 or administrative hearings, until 60 days following submittal of
597 the final report. Any such deadlines shall also be tolled for 60
598 days following withdrawal of the request or following agreement
599 of the parties that peer review will no longer be pursued. The
600 department or the governing board shall give significant weight
601 to the final report of the peer review panel when establishing
602 the minimum flow or minimum water level.
603 (c) If the final data, methodologies, and models, including
604 all scientific and technical assumptions employed in each model
605 upon which a minimum flow or level is based, have undergone peer
606 review pursuant to this subsection, by request or by decision of
607 the department or governing board, no further peer review shall
608 be required with respect to that minimum flow or minimum water
609 level.
610 (d) No minimum flow or minimum water level adopted by rule
611 or formally noticed for adoption on or before May 2, 1997, shall
612 be subject to the peer review provided for in this subsection.
613 (7)(6) If a petition for administrative hearing is filed
614 under chapter 120 challenging the establishment of a minimum
615 flow or minimum water level, the report of an independent
616 scientific peer review conducted under subsection (5) (4) is
617 admissible as evidence in the final hearing, and the
618 administrative law judge must render the order within 120 days
619 after the filing of the petition. The time limit for rendering
620 the order shall not be extended except by agreement of all the
621 parties. To the extent that the parties agree to the findings of
622 the peer review, they may stipulate that those findings be
623 incorporated as findings of fact in the final order.
624 (8) The rules adopted pursuant to this section are not
625 subject to s. 120.541(3).
626 Section 10. Section 373.0421, Florida Statutes, is amended
627 to read:
628 373.0421 Establishment and implementation of minimum flows
629 and minimum levels.—
630 (1) ESTABLISHMENT.—
631 (a) Considerations.—When establishing minimum flows and
632 minimum water levels pursuant to s. 373.042, the department or
633 governing board shall consider changes and structural
634 alterations to watersheds, surface waters, and aquifers and the
635 effects such changes or alterations have had, and the
636 constraints such changes or alterations have placed, on the
637 hydrology of an affected watershed, surface water, or aquifer,
638 provided that nothing in this paragraph shall allow significant
639 harm as provided by s. 373.042(1) caused by withdrawals.
640 (b) Exclusions.—
641 1. The Legislature recognizes that certain water bodies no
642 longer serve their historical hydrologic functions. The
643 Legislature also recognizes that recovery of these water bodies
644 to historical hydrologic conditions may not be economically or
645 technically feasible, and that such recovery effort could cause
646 adverse environmental or hydrologic impacts. Accordingly, the
647 department or governing board may determine that setting a
648 minimum flow or minimum water level for such a water body based
649 on its historical condition is not appropriate.
650 2. The department or the governing board is not required to
651 establish minimum flows or minimum water levels pursuant to s.
652 373.042 for surface water bodies less than 25 acres in area,
653 unless the water body or bodies, individually or cumulatively,
654 have significant economic, environmental, or hydrologic value.
655 3. The department or the governing board shall not set
656 minimum flows or minimum water levels pursuant to s. 373.042 for
657 surface water bodies constructed prior to the requirement for a
658 permit, or pursuant to an exemption, a permit, or a reclamation
659 plan which regulates the size, depth, or function of the surface
660 water body under the provisions of this chapter, chapter 378, or
661 chapter 403, unless the constructed surface water body is of
662 significant hydrologic value or is an essential element of the
663 water resources of the area.
664
665 The exclusions of this paragraph shall not apply to the
666 Everglades Protection Area, as defined in s. 373.4592(2)(i).
667 (2) If the existing flow or water level in a water body is
668 below, or is projected to fall within 20 years below, the
669 applicable minimum flow or minimum water level established
670 pursuant to s. 373.042, the department or governing board,
671 concurrent with the adoption of the minimum flow or minimum
672 water level and as part of the regional water supply plan
673 described in s. 373.709, shall adopt and expeditiously implement
674 a recovery or prevention strategy, which includes the
675 development of additional water supplies and other actions,
676 consistent with the authority granted by this chapter, to:
677 (a) Achieve recovery to the established minimum flow or
678 minimum water level as soon as practicable; or
679 (b) Prevent the existing flow or water level from falling
680 below the established minimum flow or minimum water level.
681
682 The recovery or prevention strategy must shall include a phased
683 in approach phasing or a timetable which will allow for the
684 provision of sufficient water supplies for all existing and
685 projected reasonable-beneficial uses, including development of
686 additional water supplies and implementation of conservation and
687 other efficiency measures concurrent with and, to the maximum
688 extent practical, and to offset, reductions in permitted
689 withdrawals, consistent with the provisions of this chapter. The
690 recovery or prevention strategy may not depend solely on water
691 shortage restrictions declared pursuant to s. 373.175 or s.
692 373.246.
693 (3) In order to ensure that sufficient water is available
694 for all existing and future reasonable-beneficial uses and the
695 natural systems, the applicable regional water supply plan
696 prepared pursuant to s. 373.709 shall be amended to include any
697 water supply development project or water resource development
698 project identified in a recovery or prevention strategy. Such
699 amendment shall be approved concurrently with relevant portions
700 of the recovery or prevention strategy.
701 (4) The water management district shall notify the
702 department if an application for a water use permit is denied
703 based upon the impact that the use will have on an adopted
704 minimum flow or minimum water level. Upon receipt of such
705 notice, the department shall, as soon as practicable and in
706 cooperation with the water management district, conduct a review
707 of the applicable regional water supply plan prepared pursuant
708 to s. 373.709. Such review shall include an assessment by the
709 department of the adequacy of the plan in addressing the
710 legislative intent of s. 373.705(2)(b) which provides that
711 sufficient water be available for all existing and future
712 reasonable-beneficial uses and natural systems and that the
713 adverse effects of competition for water supplies be avoided. If
714 the department determines, based upon this review, that the
715 regional water supply plan does not adequately address the
716 legislative intent of s. 373.705(2)(b), the water management
717 district shall immediately initiate an update of the plan
718 consistent with s. 373.709.
719 (5)(3) The provisions of this section are supplemental to
720 any other specific requirements or authority provided by law.
721 Minimum flows and minimum water levels shall be reevaluated
722 periodically and revised as needed.
723 Section 11. Section 373.0465, Florida Statutes, is created
724 to read:
725 373.0465 Central Florida Water Initiative.-
726 (1) The Legislature finds that:
727 (a) Historically, the Floridan Aquifer system has supplied
728 the vast majority of the water used in the Central Florida
729 Coordination Area.
730 (b) Because the boundaries of the St. Johns River Water
731 Management District, the South Florida Water Management
732 District, and the Southwest Florida Water Management District
733 meet within the Central Florida Coordination Area, the three
734 districts and the Department of Environmental Protection have
735 worked cooperatively to determine that the Floridan Aquifer
736 system is locally approaching the sustainable limits of use and
737 are exploring the need to develop sources of water to meet the
738 long-term water needs of the area.
739 (c) The Central Florida Water Initiative is a collaborative
740 process involving the Department of Environmental Protection,
741 the St. Johns River Water Management District, the South Florida
742 Water Management District, the Southwest Florida Water
743 Management District, the Department of Agriculture and Consumer
744 Services, regional public water supply utilities, and other
745 stakeholders. As set forth in the Central Florida Water
746 Initiative Guiding Document of January 30, 2015, the initiative
747 has developed an initial framework, for a unified process to
748 address the current and long-term water supply needs of Central
749 Florida without causing harm to the water resources and
750 associated natural systems.
751 (d) Developing water sources as an alternative to continued
752 reliance on the Floridan Aquifer will benefit existing and
753 future water users and natural systems within and beyond the
754 boundaries of the Central Florida Water Initiative.
755 (2)(a) As used in this section, the term “Central Florida
756 Water Initiative Area” means all of Orange, Osceola, Polk, and
757 Seminole Counties, and southern Lake County, as designated by
758 the Central Florida Water Initiative Guiding Document of January
759 30, 2015.
760 (b) The department, the St. Johns River Water Management
761 District, the South Florida Water Management District, the
762 Southwest Florida Water Management District, and the Department
763 of Agriculture and Consumer Services shall:
764 1. Provide for a continuation of the collaborative process
765 in the Central Florida Water Initiative Area among the state
766 agencies, affected water management districts, regional public
767 water supply utilities, and other stakeholders;
768 2. Build upon the guiding principles and goals set forth in
769 the Central Florida Water Initiative Guiding Document of January
770 30, 2015, and the work that has already been accomplished by the
771 Central Florida Water Initiative participants;
772 3. Develop and implement, as set forth in the Central
773 Florida Water Initiative Guiding Document of January 30, 2015, a
774 single multidistrict regional water supply plan, including any
775 needed recovery or prevention strategies and a list of water
776 supply development projects or water resource projects; and
777 4. Provide for a single hydrologic planning model to assess
778 the availability of groundwater in the Central Florida Water
779 Initiative Area.
780 (c) In developing the water supply planning program
781 consistent with the goals set forth in this subsection, the
782 department, the St. Johns River Water Management District, the
783 South Florida Water Management District, the Southwest Florida
784 Water Management District, and the Department of Agriculture and
785 Consumer Services shall:
786 1. Consider limitations on groundwater use together with
787 opportunities for new, increased, or redistributed groundwater
788 uses that are consistent with the conditions established under
789 s. 373.223;
790 2. Establish a coordinated process for the identification
791 of water resources requiring new or revised conditions
792 consistent with the conditions established under s. 373.223;
793 3. Consider existing recovery or prevention strategies;
794 4. Include a list of water supply options sufficient to
795 meet the water needs of all existing and future reasonable
796 beneficial uses consistent with the conditions established under
797 s. 373.223; and
798 5. Identify, as necessary, which of the water supply
799 sources are preferred water supply sources pursuant to s.
800 373.2234.
801 (d) The department, in consultation with the St. Johns
802 River Water Management District, the South Florida Water
803 Management District, the Southwest Florida Water Management
804 District, and the Department of Agriculture and Consumer
805 Services, shall adopt uniform rules for application within the
806 Central Florida Water Initiative Area that include:
807 1. A single, uniform definition of “harmful to the water
808 resources” consistent with the term’s usage in s. 373.219;
809 2. A single method for calculating residential per capita
810 water use;
811 3. A single process for permit reviews;
812 4. A single, consistent process, as appropriate, to set
813 minimum flows and minimum water levels and water reservations;
814 5. A goal for residential per capita water use for each
815 consumptive use permit; and
816 6. An annual conservation goal for each consumptive use
817 permit consistent with the regional water supply plan.
818
819 The uniform rules shall include existing recovery strategies
820 within the Central Florida Water Initiative Area adopted before
821 July 1, 2015. The department may grant variances to the uniform
822 rules if there are unique circumstances or hydrogeological
823 factors that make application of the uniform rules unrealistic
824 or impractical.
825 (e) The department shall initiate rulemaking for the
826 uniform rules by December 31, 2015. The department’s uniform
827 rules shall be applied by the water management districts only
828 within the Central Florida Water Initiative Area. Upon adoption
829 of the rules, the water management districts shall implement the
830 rules without further rulemaking pursuant to s. 120.54. The
831 rules adopted by the department pursuant to this section are
832 considered the rules of the water management districts.
833 (f) Water management district planning programs developed
834 pursuant this subsection shall be approved or adopted as
835 required under this chapter. However, such planning programs may
836 not serve to modify planning programs in areas of the affected
837 districts that are not within the Central Florida Water
838 Initiative Area, but may include interregional projects located
839 outside the Central Florida Water Initiative Area which are
840 consistent with planning and regulatory programs in the areas in
841 which they are located.
842 Section 12. Subsection (4) of section 373.1501, Florida
843 Statutes, is amended, present subsections (7) and (8) are
844 renumbered as subsections (8) and (9), respectively, and a new
845 subsection (7) is added to that section, to read:
846 373.1501 South Florida Water Management District as local
847 sponsor.—
848 (4) The district is authorized to act as local sponsor of
849 the project for those project features within the district as
850 provided in this subsection and subject to the oversight of the
851 department as further provided in s. 373.026. The district shall
852 exercise the authority of the state to allocate quantities of
853 water within its jurisdiction, including the water supply in
854 relation to the project, and be responsible for allocating water
855 and assigning priorities among the other water uses served by
856 the project pursuant to state law. The district may:
857 (a) Act as local sponsor for all project features
858 previously authorized by Congress.;
859 (b) Continue data gathering, analysis, research, and design
860 of project components, participate in preconstruction
861 engineering and design documents for project components, and
862 further refine the Comprehensive Plan of the restudy as a guide
863 and framework for identifying other project components.;
864 (c) Construct pilot projects that will assist in
865 determining the feasibility of technology included in the
866 Comprehensive Plan of the restudy.; and
867 (d) Act as local sponsor for project components.
868 (7) When developing or implementing water control plans or
869 regulation schedules required for the operation of the project,
870 the district shall provide recommendations to the United States
871 Army Corps of Engineers which are consistent with all district
872 programs and plans.
873 Section 13. Subsection (3) is added to section 373.219,
874 Florida Statutes, to read:
875 373.219 Permits required.—
876 (3) The department shall adopt by rule a uniform definition
877 of the term “harmful to the water resources” for Outstanding
878 Florida Springs to provide water management districts with
879 minimum standards necessary to be consistent with the overall
880 water policy of the state. This subsection does not prohibit a
881 water management district from adopting a definition that is
882 more protective of the water resources consistent with local or
883 regional conditions and objectives.
884 Section 14. Subsection (6) is added to section 373.223,
885 Florida Statutes, to read:
886 373.223 Conditions for a permit.—
887 (6) A new, renewal of, or modification to a consumptive use
888 permit authorizing groundwater withdrawals of 100,000 gallons or
889 more per day and authorizing the use of a well or wells with an
890 inside diameter of 8 inches or greater shall be monitored, the
891 results of which shall be reported to the applicable water
892 management district at least annually.
893 Section 15. Section 373.2234, Florida Statutes, is amended
894 to read:
895 373.2234 Preferred water supply sources.—
896 (1) The governing board of a water management district is
897 authorized to adopt rules that identify preferred water supply
898 sources for consumptive uses for which there is sufficient data
899 to establish that a preferred source will provide a substantial
900 new water supply to meet the existing and projected reasonable
901 beneficial uses of a water supply planning region identified
902 pursuant to s. 373.709(1), while sustaining existing water
903 resources and natural systems. At a minimum, such rules must
904 contain a description of the preferred water supply source and
905 an assessment of the water the preferred source is projected to
906 produce.
907 (2)(a) If an applicant proposes to use a preferred water
908 supply source, that applicant’s proposed water use is subject to
909 s. 373.223(1), except that the proposed use of a preferred water
910 supply source must be considered by a water management district
911 when determining whether a permit applicant’s proposed use of
912 water is consistent with the public interest pursuant to s.
913 373.223(1)(c).
914 (b) The governing board of a water management district
915 shall consider the identification of preferred water supply
916 sources for water users for whom access to or development of new
917 water supplies is not technically or financially feasible.
918 Identification of preferred water supply sources for such water
919 users must be consistent with s. 373.016.
920 (c) A consumptive use permit issued for the use of a
921 preferred water supply source must be granted, when requested by
922 the applicant, for at least a 20-year period and may be subject
923 to the compliance reporting provisions of s. 373.236(4).
924 (3)(a) Nothing in This section does not: shall be construed
925 to
926 1. Exempt the use of preferred water supply sources from
927 the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
928 construed to
929 2. Provide that permits issued for the use of a
930 nonpreferred water supply source must be issued for a duration
931 of less than 20 years or that the use of a nonpreferred water
932 supply source is not consistent with the public interest; or.
933 3. Additionally, nothing in this section shall be
934 interpreted to Require the use of a preferred water supply
935 source or to restrict or prohibit the use of a nonpreferred
936 water supply source.
937 (b) Rules adopted by the governing board of a water
938 management district to implement this section shall specify that
939 the use of a preferred water supply source is not required and
940 that the use of a nonpreferred water supply source is not
941 restricted or prohibited.
942 Section 16. Present subsection (5) of section 373.227,
943 Florida Statutes, is redesignated as subsection (7), and a new
944 subsection (5) and a subsection (6) are added to that section,
945 to read:
946 373.227 Water conservation; legislative findings and
947 intent; objectives; comprehensive statewide water conservation
948 program requirements.—
949 (5) In order to incentivize water conservation, in areas
950 not included in a regional water supply plan pursuant to s.
951 373.709 and in areas not included in a declaration of water
952 shortage or emergency pursuant to s. 373.246, if actual water
953 use is less than permitted water use due to documented
954 implementation of water conservation measures, including, but
955 not limited to, those measures identified in best management
956 practices pursuant to s. 570.93, the permitted allocation may
957 not be modified due to such water conservation during the term
958 of the permit. In order to promote water conservation and the
959 implementation of measures that produce significant water
960 savings beyond those required in a consumptive use permit, each
961 water management district shall adopt rules providing water
962 conservation incentives, which may include limited permit
963 extensions.
964 (6) For consumptive use permits for agricultural
965 irrigation, if actual water use is less than permitted water use
966 due to weather events, crop diseases, nursery stock
967 availability, market conditions, or changes in crop type, a
968 district may not, as a result, reduce permitted allocation
969 amounts during the term of the permit.
970 Section 17. Subsection (2) of section 373.233, Florida
971 Statutes, is amended to read:
972 373.233 Competing applications.—
973 (2)(a) If In the event that two or more competing
974 applications qualify equally under the provisions of subsection
975 (1), the governing board or the department shall give preference
976 to a renewal application over an initial application.
977 (b) If two or more competing applications qualify equally
978 under subsection (1) and none of the competing applications is a
979 renewal application, the governing board or the department shall
980 give preference to the application for the use where the source
981 is nearest to the area of use or application consistent with s.
982 373.016(4)(a).
983 Section 18. Section 373.4591, Florida Statutes, is amended
984 to read:
985 373.4591 Improvements on private agricultural lands.—
986 (1) The Legislature encourages public-private partnerships
987 to accomplish water storage, groundwater recharge, and water
988 quality improvements on private agricultural lands. Priority
989 consideration shall be given to public-private partnerships
990 that:
991 (a) Store or treat water on private lands for purposes of
992 enhancing hydrologic improvement, improving water quality, or
993 assisting in water supply;
994 (b) Provide critical ground water recharge; or
995 (c) Provide for changes in land use to activities that
996 minimize nutrient loads and maximize water conservation.
997 (2)(a) When an agreement is entered into between the
998 department, a water management district, or the Department of
999 Agriculture and Consumer Services and a private landowner to
1000 establish such a public-private partnership that may create or
1001 impact wetlands or other surface waters, a baseline condition
1002 determining the extent of wetlands and other surface waters on
1003 the property shall be established and documented in the
1004 agreement before improvements are constructed.
1005 (b) When an agreement is entered into between the
1006 Department of Agriculture and Consumer Services and a private
1007 landowner to implement best management practices pursuant to s.
1008 403.067(7)(c), a baseline condition determining the extent of
1009 wetlands and other surface water on the property may be
1010 established at the option and expense of the private landowner
1011 and documented in the agreement before improvements are
1012 constructed. The Department of Agriculture and Consumer Services
1013 shall submit the landowner’s proposed baseline condition
1014 documentation to the lead agency for review and approval, and
1015 the agency shall use its best efforts to complete the review
1016 within 45 days.
1017 (3) The Department of Agriculture and Consumer Services,
1018 the department, and the water management districts shall provide
1019 a process for reviewing these requests in the timeframe
1020 specified. The determination of a baseline condition shall be
1021 conducted using the methods set forth in the rules adopted
1022 pursuant to s. 373.421. The baseline condition documented in an
1023 agreement shall be considered the extent of wetlands and other
1024 surface waters on the property for the purpose of regulation
1025 under this chapter for the duration of the agreement and after
1026 its expiration.
1027 Section 19. Paragraph (h) of subsection (1) and subsections
1028 (2) through (7) of section 373.4595, Florida Statutes, are
1029 amended, and present subsections (8) through (13) of that
1030 section are redesignated as subsections (9) through (14),
1031 respectively, and a new subsection (8) is added to that section,
1032 to read:
1033 373.4595 Northern Everglades and Estuaries Protection
1034 Program.—
1035 (1) FINDINGS AND INTENT.—
1036 (h) The Legislature finds that the expeditious
1037 implementation of the Lake Okeechobee Watershed Protection
1038 Program, the Caloosahatchee River Watershed Protection Program,
1039 Plan and the St. Lucie River Watershed Protection Program Plans
1040 is needed to improve the quality, quantity, timing, and
1041 distribution of water in the northern Everglades ecosystem and
1042 that this section, in conjunction with s. 403.067, including the
1043 implementation of the plans developed and approved pursuant to
1044 subsections (3) and (4), and any related basin management action
1045 plan developed and implemented pursuant to s. 403.067(7)(a),
1046 provide a reasonable means of achieving the total maximum daily
1047 load requirements and achieving and maintaining compliance with
1048 state water quality standards.
1049 (2) DEFINITIONS.—As used in this section, the term:
1050 (a) “Best management practice” means a practice or
1051 combination of practices determined by the coordinating
1052 agencies, based on research, field-testing, and expert review,
1053 to be the most effective and practicable on-location means,
1054 including economic and technological considerations, for
1055 improving water quality in agricultural and urban discharges.
1056 Best management practices for agricultural discharges shall
1057 reflect a balance between water quality improvements and
1058 agricultural productivity.
1059 (b) “Biosolids” means the solid, semisolid, or liquid
1060 residue generated during the treatment of domestic wastewater in
1061 a domestic wastewater treatment facility, formerly known as
1062 “domestic wastewater residuals” or “residuals,” and includes
1063 products and treated material from biosolids treatment
1064 facilities and septage management facilities regulated by the
1065 department. The term does not include the treated effluent or
1066 reclaimed water from a domestic wastewater treatment facility,
1067 solids removed from pump stations and lift stations, screenings
1068 and grit removed from the preliminary treatment components of
1069 domestic wastewater treatment facilities, or ash generated
1070 during the incineration of biosolids.
1071 (c)(b) “Caloosahatchee River watershed” means the
1072 Caloosahatchee River, its tributaries, its estuary, and the area
1073 within Charlotte, Glades, Hendry, and Lee Counties from which
1074 surface water flow is directed or drains, naturally or by
1075 constructed works, to the river, its tributaries, or its
1076 estuary.
1077 (d)(c) “Coordinating agencies” means the Department of
1078 Agriculture and Consumer Services, the Department of
1079 Environmental Protection, and the South Florida Water Management
1080 District.
1081 (e)(d) “Corps of Engineers” means the United States Army
1082 Corps of Engineers.
1083 (f)(e) “Department” means the Department of Environmental
1084 Protection.
1085 (g)(f) “District” means the South Florida Water Management
1086 District.
1087 (g) “District’s WOD program” means the program implemented
1088 pursuant to rules adopted as authorized by this section and ss.
1089 373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
1090 373.451, and 373.453, entitled “Works of the District Basin.”
1091 (h) “Lake Okeechobee Watershed Construction Project” means
1092 the construction project developed pursuant to this section
1093 paragraph (3)(b).
1094 (i) “Lake Okeechobee Watershed Protection Plan” means the
1095 Lake Okeechobee Watershed Construction Project and the Lake
1096 Okeechobee Watershed Research and Water Quality Monitoring
1097 Program plan developed pursuant to this section and ss. 373.451
1098 373.459.
1099 (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
1100 tributaries, and the area within which surface water flow is
1101 directed or drains, naturally or by constructed works, to the
1102 lake or its tributaries.
1103 (k) “Lake Okeechobee Watershed Phosphorus Control Program”
1104 means the program developed pursuant to paragraph (3)(c).
1105 (k)(l) “Northern Everglades” means the Lake Okeechobee
1106 watershed, the Caloosahatchee River watershed, and the St. Lucie
1107 River watershed.
1108 (l)(m) “Project component” means any structural or
1109 operational change, resulting from the Restudy, to the Central
1110 and Southern Florida Project as it existed and was operated as
1111 of January 1, 1999.
1112 (m)(n) “Restudy” means the Comprehensive Review Study of
1113 the Central and Southern Florida Project, for which federal
1114 participation was authorized by the Federal Water Resources
1115 Development Acts of 1992 and 1996 together with related
1116 Congressional resolutions and for which participation by the
1117 South Florida Water Management District is authorized by s.
1118 373.1501. The term includes all actions undertaken pursuant to
1119 the aforementioned authorizations which will result in
1120 recommendations for modifications or additions to the Central
1121 and Southern Florida Project.
1122 (n)(o) “River Watershed Protection Plans” means the
1123 Caloosahatchee River Watershed Protection Plan and the St. Lucie
1124 River Watershed Protection Plan developed pursuant to this
1125 section.
1126 (o) “Soil amendment” means any substance or mixture of
1127 substances sold or offered for sale for soil enriching or
1128 corrective purposes, intended or claimed to be effective in
1129 promoting or stimulating plant growth, increasing soil or plant
1130 productivity, improving the quality of crops, or producing any
1131 chemical or physical change in the soil, except amendments,
1132 conditioners, additives, and related products that are derived
1133 solely from inorganic sources and that contain no recognized
1134 plant nutrients.
1135 (p) “St. Lucie River watershed” means the St. Lucie River,
1136 its tributaries, its estuary, and the area within Martin,
1137 Okeechobee, and St. Lucie Counties from which surface water flow
1138 is directed or drains, naturally or by constructed works, to the
1139 river, its tributaries, or its estuary.
1140 (q) “Total maximum daily load” means the sum of the
1141 individual wasteload allocations for point sources and the load
1142 allocations for nonpoint sources and natural background adopted
1143 pursuant to s. 403.067. Before Prior to determining individual
1144 wasteload allocations and load allocations, the maximum amount
1145 of a pollutant that a water body or water segment can assimilate
1146 from all sources without exceeding water quality standards must
1147 first be calculated.
1148 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
1149 Okeechobee Watershed Protection Program shall consist of the
1150 Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
1151 Basin Management Action Plan adopted pursuant to s. 403.067, the
1152 Lake Okeechobee Exotic Species Control Program, and the Lake
1153 Okeechobee Internal Phosphorus Management Program. The Lake
1154 Okeechobee Basin Management Action Plan adopted pursuant to s.
1155 403.067 shall be the component of the Lake Okeechobee Watershed
1156 Protection A protection Program for Lake Okeechobee that
1157 achieves phosphorus load reductions for Lake Okeechobee shall be
1158 immediately implemented as specified in this subsection. As
1159 provided in s. 403.067(7)(a)5., the Lake Okeechobee Basin
1160 Management Action Plan must include milestones for
1161 implementation and water quality improvement and an associated
1162 water quality monitoring component sufficient to evaluate
1163 whether reasonable progress in pollutant load reductions is
1164 being achieved over time. The department shall develop a
1165 schedule to establish 5-, 10-, and 15-year measurable milestones
1166 and a target for achieving water quality improvement consistent
1167 with this section. The schedule shall be used to provide
1168 guidance for planning and funding purposes and is exempt from s.
1169 120.54(l)(a). An assessment of progress toward these milestones
1170 shall be conducted every 5 years and revisions to the plan shall
1171 be made, as appropriate, as a result of each 5-year review. The
1172 assessment shall be provided to the Governor, the President of
1173 the Senate, and the Speaker of the House of Representatives.
1174 Upon the first 5-year review, a schedule, measureable
1175 milestones, and a target for achieving water quality improvement
1176 consistent with the provisions of this section shall be adopted
1177 into the plan. Revisions to the basin management action plan
1178 shall be made by the department in cooperation with basin
1179 stakeholders. Revisions to the management strategies must follow
1180 the procedures set forth in s. 403.067(7)(c)4. Revised basin
1181 management action plans must be adopted pursuant to s.
1182 403.067(7)(a)4. The Lake Okeechobee Watershed Protection Program
1183 shall address the reduction of phosphorus loading to the lake
1184 from both internal and external sources. Phosphorus load
1185 reductions shall be achieved through a phased program of
1186 implementation. Initial implementation actions shall be
1187 technology-based, based upon a consideration of both the
1188 availability of appropriate technology and the cost of such
1189 technology, and shall include phosphorus reduction measures at
1190 both the source and the regional level. The initial phase of
1191 phosphorus load reductions shall be based upon the district’s
1192 Technical Publication 81-2 and the district’s WOD program, with
1193 subsequent phases of phosphorus load reductions based upon the
1194 total maximum daily loads established in accordance with s.
1195 403.067. In the development and administration of the Lake
1196 Okeechobee Watershed Protection Program, the coordinating
1197 agencies shall maximize opportunities provided by federal cost
1198 sharing programs and opportunities for partnerships with the
1199 private sector.
1200 (a) Lake Okeechobee Watershed Protection Plan.—In order to
1201 protect and restore surface water resources, the district, in
1202 cooperation with the other coordinating agencies, shall complete
1203 a Lake Okeechobee Watershed Protection Plan in accordance with
1204 this section and ss. 373.451-373.459. Beginning March 1, 2020,
1205 and every 5 years thereafter, the district shall update the Lake
1206 Okeechobee Watershed Protection Plan to ensure that it is
1207 consistent with the Lake Okeechobee Basin Management Action Plan
1208 adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
1209 Protection Plan shall identify the geographic extent of the
1210 watershed, be coordinated with the plans developed pursuant to
1211 paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
1212 Watershed Construction Project and the Lake Okeechobee Watershed
1213 Research and Water Quality Monitoring Program contain an
1214 implementation schedule for subsequent phases of phosphorus load
1215 reduction consistent with the total maximum daily loads
1216 established in accordance with s. 403.067. The plan shall
1217 consider and build upon a review and analysis of the following:
1218 1. the performance of projects constructed during Phase I
1219 and Phase II of the Lake Okeechobee Watershed Construction
1220 Project, pursuant to subparagraph 1.; paragraph (b).
1221 2. relevant information resulting from the Lake Okeechobee
1222 Basin Management Action Plan Watershed Phosphorus Control
1223 Program, pursuant to paragraph (b); (c).
1224 3. relevant information resulting from the Lake Okeechobee
1225 Watershed Research and Water Quality Monitoring Program,
1226 pursuant to subparagraph 2.; paragraph (d).
1227 4. relevant information resulting from the Lake Okeechobee
1228 Exotic Species Control Program, pursuant to paragraph (c); and
1229 (e).
1230 5. relevant information resulting from the Lake Okeechobee
1231 Internal Phosphorus Management Program, pursuant to paragraph
1232 (d) (f).
1233 1.(b) Lake Okeechobee Watershed Construction Project.—To
1234 improve the hydrology and water quality of Lake Okeechobee and
1235 downstream receiving waters, including the Caloosahatchee and
1236 St. Lucie Rivers and their estuaries, the district, in
1237 cooperation with the other coordinating agencies, shall design
1238 and construct the Lake Okeechobee Watershed Construction
1239 Project. The project shall include:
1240 a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
1241 Construction Project shall consist of a series of project
1242 features consistent with the recommendations of the South
1243 Florida Ecosystem Restoration Working Group’s Lake Okeechobee
1244 Action Plan. Priority basins for such projects include S-191, S
1245 154, and Pools D and E in the Lower Kissimmee River. In order to
1246 obtain phosphorus load reductions to Lake Okeechobee as soon as
1247 possible, the following actions shall be implemented:
1248 (I)a. The district shall serve as a full partner with the
1249 Corps of Engineers in the design and construction of the Grassy
1250 Island Ranch and New Palm Dairy stormwater treatment facilities
1251 as components of the Lake Okeechobee Water Retention/Phosphorus
1252 Removal Critical Project. The Corps of Engineers shall have the
1253 lead in design and construction of these facilities. Should
1254 delays be encountered in the implementation of either of these
1255 facilities, the district shall notify the department and
1256 recommend corrective actions.
1257 (II)b. The district shall obtain permits and complete
1258 construction of two of the isolated wetland restoration projects
1259 that are part of the Lake Okeechobee Water Retention/Phosphorus
1260 Removal Critical Project. The additional isolated wetland
1261 projects included in this critical project shall further reduce
1262 phosphorus loading to Lake Okeechobee.
1263 (III)c. The district shall work with the Corps of Engineers
1264 to expedite initiation of the design process for the Taylor
1265 Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
1266 Area, a project component of the Comprehensive Everglades
1267 Restoration Plan. The district shall propose to the Corps of
1268 Engineers that the district take the lead in the design and
1269 construction of the Reservoir Assisted Stormwater Treatment Area
1270 and receive credit towards the local share of the total cost of
1271 the Comprehensive Everglades Restoration Plan.
1272 b.2. Phase II technical plan and construction.—By February
1273 1, 2008, The district, in cooperation with the other
1274 coordinating agencies, shall develop a detailed technical plan
1275 for Phase II of the Lake Okeechobee Watershed Construction
1276 Project which provides the basis for the Lake Okeechobee Basin
1277 Management Action Plan adopted by the department pursuant to s.
1278 403.067. The detailed technical plan shall include measures for
1279 the improvement of the quality, quantity, timing, and
1280 distribution of water in the northern Everglades ecosystem,
1281 including the Lake Okeechobee watershed and the estuaries, and
1282 for facilitating the achievement of water quality standards. Use
1283 of cost-effective biologically based, hybrid wetland/chemical
1284 and other innovative nutrient control technologies shall be
1285 incorporated in the plan where appropriate. The detailed
1286 technical plan shall also include a Process Development and
1287 Engineering component to finalize the detail and design of Phase
1288 II projects and identify additional measures needed to increase
1289 the certainty that the overall objectives for improving water
1290 quality and quantity can be met. Based on information and
1291 recommendations from the Process Development and Engineering
1292 component, the Phase II detailed technical plan shall be
1293 periodically updated. Phase II shall include construction of
1294 additional facilities in the priority basins identified in sub-
1295 subparagraph a. subparagraph 1., as well as facilities for other
1296 basins in the Lake Okeechobee watershed. This detailed technical
1297 plan will require legislative ratification pursuant to paragraph
1298 (i). The technical plan shall:
1299 (I)a. Identify Lake Okeechobee Watershed Construction
1300 Project facilities designed to contribute to achieving all
1301 applicable total maximum daily loads established pursuant to s.
1302 403.067 within the Lake Okeechobee watershed.
1303 (II)b. Identify the size and location of all such Lake
1304 Okeechobee Watershed Construction Project facilities.
1305 (III)c. Provide a construction schedule for all such Lake
1306 Okeechobee Watershed Construction Project facilities, including
1307 the sequencing and specific timeframe for construction of each
1308 Lake Okeechobee Watershed Construction Project facility.
1309 (IV)d. Provide a schedule for the acquisition of lands or
1310 sufficient interests necessary to achieve the construction
1311 schedule.
1312 (V)e. Provide a detailed schedule of costs associated with
1313 the construction schedule.
1314 (VI)f. Identify, to the maximum extent practicable, impacts
1315 on wetlands and state-listed species expected to be associated
1316 with construction of such facilities, including potential
1317 alternatives to minimize and mitigate such impacts, as
1318 appropriate.
1319 (VII)g. Provide for additional measures, including
1320 voluntary water storage and quality improvements on private
1321 land, to increase water storage and reduce excess water levels
1322 in Lake Okeechobee and to reduce excess discharges to the
1323 estuaries.
1324 (VIII) The technical plan shall also Develop the
1325 appropriate water quantity storage goal to achieve the desired
1326 Lake Okeechobee range of lake levels and inflow volumes to the
1327 Caloosahatchee and St. Lucie estuaries while meeting the other
1328 water-related needs of the region, including water supply and
1329 flood protection.
1330 (IX)h. Provide for additional source controls needed to
1331 enhance performance of the Lake Okeechobee Watershed
1332 Construction Project facilities. Such additional source controls
1333 shall be incorporated into the Lake Okeechobee Basin Management
1334 Action Plan Watershed Phosphorous Control Program pursuant to
1335 paragraph (b) (c).
1336 c.3. Evaluation.—Within 5 years after the adoption of the
1337 Lake Okeechobee Basin Management Action Plan pursuant to s.
1338 403.067 and every 5 By January 1, 2004, and every 3 years
1339 thereafter, the department district, in cooperation with the
1340 other coordinating agencies, shall conduct an evaluation of the
1341 Lake Okeechobee Watershed Construction Project and identify any
1342 further load reductions necessary to achieve compliance with the
1343 all Lake Okeechobee watershed total maximum daily loads
1344 established pursuant to s. 403.067. Additionally, The district
1345 shall identify modifications to facilities of the Lake
1346 Okeechobee Watershed Construction Project as appropriate to meet
1347 the total maximum daily loads. Modifications to the Lake
1348 Okeechobee Watershed Construction Project resulting from this
1349 evaluation shall be incorporated into the Lake Okeechobee Basin
1350 Management Action Plan and The evaluation shall be included in
1351 the applicable annual progress report submitted pursuant to
1352 subsection (6).
1353 d.4. Coordination and review.—To ensure the timely
1354 implementation of the Lake Okeechobee Watershed Construction
1355 Project, the design of project facilities shall be coordinated
1356 with the department and other interested parties, including
1357 affected local governments, to the maximum extent practicable.
1358 Lake Okeechobee Watershed Construction Project facilities shall
1359 be reviewed and commented upon by the department before prior to
1360 the execution of a construction contract by the district for
1361 that facility.
1362 2. Lake Okeechobee Watershed Research and Water Quality
1363 Monitoring Program.—The coordinating agencies shall implement a
1364 Lake Okeechobee Watershed Research and Water Quality Monitoring
1365 Program. Results from the program shall be used by the
1366 department, in cooperation with the other coordinating agencies,
1367 to make modifications to the Lake Okeechobee Basin Management
1368 Action Plan adopted pursuant to s. 403.067, as appropriate. The
1369 program shall:
1370 a. Evaluate all available existing water quality data
1371 concerning total phosphorus in the Lake Okeechobee watershed,
1372 develop a water quality baseline to represent existing
1373 conditions for total phosphorus, monitor long-term ecological
1374 changes, including water quality for total phosphorus, and
1375 measure compliance with water quality standards for total
1376 phosphorus, including any applicable total maximum daily load
1377 for the Lake Okeechobee watershed as established pursuant to s.
1378 403.067. Beginning March 1, 2020, and every 5 years thereafter,
1379 the department shall reevaluate water quality and quantity data
1380 to ensure that the appropriate projects are being designated and
1381 incorporated into the Lake Okeechobee Basin Management Action
1382 Plan adopted pursuant to s. 403.067. The district shall
1383 implement a total phosphorus monitoring program at appropriate
1384 structures owned or operated by the district and within the Lake
1385 Okeechobee watershed.
1386 b. Develop a Lake Okeechobee water quality model that
1387 reasonably represents the phosphorus dynamics of Lake Okeechobee
1388 and incorporates an uncertainty analysis associated with model
1389 predictions.
1390 c. Determine the relative contribution of phosphorus from
1391 all identifiable sources and all primary and secondary land
1392 uses.
1393 d. Conduct an assessment of the sources of phosphorus from
1394 the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
1395 relative contribution to the water quality of Lake Okeechobee.
1396 The results of this assessment shall be used by the coordinating
1397 agencies as part of the Lake Okeechobee Basin Management Action
1398 Plan adopted pursuant to s. 403.067 to develop interim measures,
1399 best management practices, or regulations, as applicable.
1400 e. Assess current water management practices within the
1401 Lake Okeechobee watershed and develop recommendations for
1402 structural and operational improvements. Such recommendations
1403 shall balance water supply, flood control, estuarine salinity,
1404 maintenance of a healthy lake littoral zone, and water quality
1405 considerations.
1406 f. Evaluate the feasibility of alternative nutrient
1407 reduction technologies, including sediment traps, canal and
1408 ditch maintenance, fish production or other aquaculture,
1409 bioenergy conversion processes, and algal or other biological
1410 treatment technologies and include any alternative nutrient
1411 reduction technologies determined to be feasible in the Lake
1412 Okeechobee Basin Management Action Plan adopted pursuant to s.
1413 403.067.
1414 g. Conduct an assessment of the water volumes and timing
1415 from the Lake Okeechobee watershed and their relative
1416 contribution to the water level changes in Lake Okeechobee and
1417 to the timing and volume of water delivered to the estuaries.
1418 (b)(c) Lake Okeechobee Basin Management Action Plan
1419 Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
1420 Management Action Plan adopted pursuant to s. 403.067 shall be
1421 the watershed phosphorus control component for Lake Okeechobee.
1422 The Lake Okeechobee Basin Management Action Plan shall be
1423 Program is designed to be a multifaceted approach designed to
1424 achieve the total maximum daily load reducing phosphorus loads
1425 by improving the management of phosphorus sources within the
1426 Lake Okeechobee watershed through implementation of regulations
1427 and best management practices, continued development and
1428 continued implementation of improved best management practices,
1429 improvement and restoration of the hydrologic function of
1430 natural and managed systems, and use utilization of alternative
1431 technologies for nutrient reduction. The plan must include an
1432 implementation schedule pursuant to this subsection for
1433 pollutant load reductions consistent with the adopted total
1434 maximum daily load. The department shall develop a schedule to
1435 establish 5-, 10-, and 15-year milestones and a target to
1436 achieve the adopted total maximum daily load no more than 20
1437 years after adoption of the plan. The schedule shall be used to
1438 provide guidance for planning and funding purposes and is exempt
1439 from the provisions of s. 120.54(l)(a). If achieving the adopted
1440 total maximum daily load within 20 years is not practicable, the
1441 schedule shall contain an explanation of the constraints that
1442 prevent achieving the total maximum daily load within 20 years
1443 and an estimate of the time needed to achieve the total maximum
1444 daily load and additional 5-year measurable milestones, as
1445 necessary. The coordinating agencies shall develop an
1446 interagency agreement pursuant to ss. 373.046 and 373.406 which
1447 is consistent with the department taking the lead on water
1448 quality protection measures through the Lake Okeechobee Basin
1449 Management Action Plan adopted pursuant to s. 403.067; the
1450 district taking the lead on hydrologic improvements pursuant to
1451 paragraph (a); and the Department of Agriculture and Consumer
1452 Services taking the lead on agricultural interim measures, best
1453 management practices, and other measures adopted pursuant to s.
1454 403.067. The interagency agreement shall specify how best
1455 management practices for nonagricultural nonpoint sources are
1456 developed and how all best management practices are implemented
1457 and verified consistent with s. 403.067 and this section. The
1458 interagency agreement shall address measures to be taken by the
1459 coordinating agencies during any best management practice
1460 reevaluation performed pursuant to subparagraphs 5. and 10. The
1461 department shall use best professional judgment in making the
1462 initial determination of best management practice effectiveness.
1463 The coordinating agencies may develop an intergovernmental
1464 agreement with local governments to implement nonagricultural
1465 nonpoint source best management practices within their
1466 respective geographic boundaries. The coordinating agencies
1467 shall facilitate the application of federal programs that offer
1468 opportunities for water quality treatment, including
1469 preservation, restoration, or creation of wetlands on
1470 agricultural lands.
1471 1. Agricultural nonpoint source best management practices,
1472 developed in accordance with s. 403.067 and designed to achieve
1473 the objectives of the Lake Okeechobee Watershed Protection
1474 Program as part of a phased approach of management strategies
1475 within the Lake Okeechobee Basin Management Action Plan, shall
1476 be implemented on an expedited basis. The coordinating agencies
1477 shall develop an interagency agreement pursuant to ss. 373.046
1478 and 373.406(5) that assures the development of best management
1479 practices that complement existing regulatory programs and
1480 specifies how those best management practices are implemented
1481 and verified. The interagency agreement shall address measures
1482 to be taken by the coordinating agencies during any best
1483 management practice reevaluation performed pursuant to sub
1484 subparagraph d. The department shall use best professional
1485 judgment in making the initial determination of best management
1486 practice effectiveness.
1487 2.a. As provided in s. 403.067(7)(c), the Department of
1488 Agriculture and Consumer Services, in consultation with the
1489 department, the district, and affected parties, shall initiate
1490 rule development for interim measures, best management
1491 practices, conservation plans, nutrient management plans, or
1492 other measures necessary for Lake Okeechobee watershed total
1493 maximum daily load reduction. The rule shall include thresholds
1494 for requiring conservation and nutrient management plans and
1495 criteria for the contents of such plans. Development of
1496 agricultural nonpoint source best management practices shall
1497 initially focus on those priority basins listed in sub
1498 subparagraph (a)1.a. subparagraph (b)1. The Department of
1499 Agriculture and Consumer Services, in consultation with the
1500 department, the district, and affected parties, shall conduct an
1501 ongoing program for improvement of existing and development of
1502 new agricultural nonpoint source interim measures and or best
1503 management practices. The Department of Agriculture and Consumer
1504 Services shall adopt for the purpose of adoption of such
1505 practices by rule. The Department of Agriculture and Consumer
1506 Services shall work with the University of Florida Florida’s
1507 Institute of Food and Agriculture Sciences to review and, where
1508 appropriate, develop revised nutrient application rates for all
1509 agricultural soil amendments in the watershed.
1510 3.b. As provided in s. 403.067, where agricultural nonpoint
1511 source best management practices or interim measures have been
1512 adopted by rule of the Department of Agriculture and Consumer
1513 Services, the owner or operator of an agricultural nonpoint
1514 source addressed by such rule shall either implement interim
1515 measures or best management practices or demonstrate compliance
1516 with state water quality standards addressed by the Lake
1517 Okeechobee Basin Management Action Plan adopted pursuant to s.
1518 403.067 the district’s WOD program by conducting monitoring
1519 prescribed by the department or the district. Owners or
1520 operators of agricultural nonpoint sources who implement interim
1521 measures or best management practices adopted by rule of the
1522 Department of Agriculture and Consumer Services shall be subject
1523 to the provisions of s. 403.067(7). The Department of
1524 Agriculture and Consumer Services, in cooperation with the
1525 department and the district, shall provide technical and
1526 financial assistance for implementation of agricultural best
1527 management practices, subject to the availability of funds.
1528 4.c. The district or department shall conduct monitoring at
1529 representative sites to verify the effectiveness of agricultural
1530 nonpoint source best management practices.
1531 5.d. Where water quality problems are detected for
1532 agricultural nonpoint sources despite the appropriate
1533 implementation of adopted best management practices, the
1534 Department of Agriculture and Consumer Services, in consultation
1535 with the other coordinating agencies and affected parties, shall
1536 institute a reevaluation of the best management practices shall
1537 be conducted pursuant to s. 403.067(7)(c)4. Should the
1538 reevaluation determine that the best management practices or
1539 other measures require modification, the rule shall be revised
1540 to require implementation of the modified practice within a
1541 reasonable time period as specified in the rule and make
1542 appropriate changes to the rule adopting best management
1543 practices.
1544 6.2. As provided in s. 403.067, nonagricultural nonpoint
1545 source best management practices, developed in accordance with
1546 s. 403.067 and designed to achieve the objectives of the Lake
1547 Okeechobee Watershed Protection Program as part of a phased
1548 approach of management strategies within the Lake Okeechobee
1549 Basin Management Action Plan, shall be implemented on an
1550 expedited basis. The department and the district shall develop
1551 an interagency agreement pursuant to ss. 373.046 and 373.406(5)
1552 that assures the development of best management practices that
1553 complement existing regulatory programs and specifies how those
1554 best management practices are implemented and verified. The
1555 interagency agreement shall address measures to be taken by the
1556 department and the district during any best management practice
1557 reevaluation performed pursuant to sub-subparagraph d.
1558 7.a. The department and the district are directed to work
1559 with the University of Florida Florida’s Institute of Food and
1560 Agricultural Sciences to develop appropriate nutrient
1561 application rates for all nonagricultural soil amendments in the
1562 watershed. As provided in s. 403.067 s. 403.067(7)(c), the
1563 department, in consultation with the district and affected
1564 parties, shall develop nonagricultural nonpoint source interim
1565 measures, best management practices, or other measures necessary
1566 for Lake Okeechobee watershed total maximum daily load
1567 reduction. Development of nonagricultural nonpoint source best
1568 management practices shall initially focus on those priority
1569 basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
1570 department, the district, and affected parties shall conduct an
1571 ongoing program for improvement of existing and development of
1572 new interim measures and or best management practices. The
1573 department or the district shall adopt such practices by rule
1574 The district shall adopt technology-based standards under the
1575 district’s WOD program for nonagricultural nonpoint sources of
1576 phosphorus. Nothing in this sub-subparagraph shall affect the
1577 authority of the department or the district to adopt basin
1578 specific criteria under this part to prevent harm to the water
1579 resources of the district.
1580 8.b. Where nonagricultural nonpoint source best management
1581 practices or interim measures have been developed by the
1582 department and adopted by the district, the owner or operator of
1583 a nonagricultural nonpoint source shall implement interim
1584 measures or best management practices and be subject to the
1585 provisions of s. 403.067(7). The department and district shall
1586 provide technical and financial assistance for implementation of
1587 nonagricultural nonpoint source best management practices,
1588 subject to the availability of funds.
1589 9.c. As provided in s. 403.067, the district or the
1590 department shall conduct monitoring at representative sites to
1591 verify the effectiveness of nonagricultural nonpoint source best
1592 management practices.
1593 10.d. Where water quality problems are detected for
1594 nonagricultural nonpoint sources despite the appropriate
1595 implementation of adopted best management practices, the
1596 department and the district shall institute a reevaluation of
1597 the best management practices shall be conducted pursuant to s.
1598 403.067(7)(c)4. Should the reevaluation determine that the best
1599 management practices or other measures require modification, the
1600 rule shall be revised to require implementation of the modified
1601 practice within a reasonable time period as specified in the
1602 rule.
1603 11.3. The provisions of Subparagraphs 1. and 2. and 7. do
1604 may not preclude the department or the district from requiring
1605 compliance with water quality standards or with current best
1606 management practices requirements set forth in any applicable
1607 regulatory program authorized by law for the purpose of
1608 protecting water quality. Additionally, Subparagraphs 1. and 2.
1609 and 7. are applicable only to the extent that they do not
1610 conflict with any rules adopted by the department that are
1611 necessary to maintain a federally delegated or approved program.
1612 12. The program of agricultural best management practices
1613 set forth in the Everglades Program of the district, meets the
1614 requirements of this paragraph and s. 403.067(7) for the Lake
1615 Okeechobee watershed. An entity in compliance with best
1616 management practices set forth in the Everglades Program of the
1617 district, may elect to use that permit in lieu of the
1618 requirements of this paragraph. The provisions of s.
1619 373.4595(3)(b)5. apply to this subparagraph. This subparagraph
1620 does not alter any requirement under s. 373.4592.
1621 13. The Department of Agriculture and Consumer Services, in
1622 cooperation with the department and the district, shall provide
1623 technical and financial assistance for implementation of
1624 agricultural best management practices, subject to the
1625 availability of funds. The department and district shall provide
1626 technical and financial assistance for implementation of
1627 nonagricultural nonpoint source best management practices,
1628 subject to the availability of funds.
1629 14.4. Projects that reduce the phosphorus load originating
1630 from domestic wastewater systems within the Lake Okeechobee
1631 watershed shall be given funding priority in the department’s
1632 revolving loan program under s. 403.1835. The department shall
1633 coordinate and provide assistance to those local governments
1634 seeking financial assistance for such priority projects.
1635 15.5. Projects that make use of private lands, or lands
1636 held in trust for Indian tribes, to reduce nutrient loadings or
1637 concentrations within a basin by one or more of the following
1638 methods: restoring the natural hydrology of the basin, restoring
1639 wildlife habitat or impacted wetlands, reducing peak flows after
1640 storm events, increasing aquifer recharge, or protecting range
1641 and timberland from conversion to development, are eligible for
1642 grants available under this section from the coordinating
1643 agencies. For projects of otherwise equal priority, special
1644 funding priority will be given to those projects that make best
1645 use of the methods outlined above that involve public-private
1646 partnerships or that obtain federal match money. Preference
1647 ranking above the special funding priority will be given to
1648 projects located in a rural area of opportunity designated by
1649 the Governor. Grant applications may be submitted by any person
1650 or tribal entity, and eligible projects may include, but are not
1651 limited to, the purchase of conservation and flowage easements,
1652 hydrologic restoration of wetlands, creating treatment wetlands,
1653 development of a management plan for natural resources, and
1654 financial support to implement a management plan.
1655 16.6.a. The department shall require all entities disposing
1656 of domestic wastewater biosolids residuals within the Lake
1657 Okeechobee watershed and the remaining areas of Okeechobee,
1658 Glades, and Hendry Counties to develop and submit to the
1659 department an agricultural use plan that limits applications
1660 based upon phosphorus loading consistent with the Lake
1661 Okeechobee Basin Management Action Plan adopted pursuant to s.
1662 403.067. By July 1, 2005, phosphorus concentrations originating
1663 from these application sites may not exceed the limits
1664 established in the district’s WOD program. After December 31,
1665 2007, The department may not authorize the disposal of domestic
1666 wastewater biosolids residuals within the Lake Okeechobee
1667 watershed unless the applicant can affirmatively demonstrate
1668 that the phosphorus in the biosolids residuals will not add to
1669 phosphorus loadings in Lake Okeechobee or its tributaries. This
1670 demonstration shall be based on achieving a net balance between
1671 phosphorus imports relative to exports on the permitted
1672 application site. Exports shall include only phosphorus removed
1673 from the Lake Okeechobee watershed through products generated on
1674 the permitted application site. This prohibition does not apply
1675 to Class AA biosolids residuals that are marketed and
1676 distributed as fertilizer products in accordance with department
1677 rule.
1678 17.b. Private and government-owned utilities within Monroe,
1679 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
1680 River, Okeechobee, Highlands, Hendry, and Glades Counties that
1681 dispose of wastewater biosolids residual sludge from utility
1682 operations and septic removal by land spreading in the Lake
1683 Okeechobee watershed may use a line item on local sewer rates to
1684 cover wastewater biosolids residual treatment and disposal if
1685 such disposal and treatment is done by approved alternative
1686 treatment methodology at a facility located within the areas
1687 designated by the Governor as rural areas of opportunity
1688 pursuant to s. 288.0656. This additional line item is an
1689 environmental protection disposal fee above the present sewer
1690 rate and may not be considered a part of the present sewer rate
1691 to customers, notwithstanding provisions to the contrary in
1692 chapter 367. The fee shall be established by the county
1693 commission or its designated assignee in the county in which the
1694 alternative method treatment facility is located. The fee shall
1695 be calculated to be no higher than that necessary to recover the
1696 facility’s prudent cost of providing the service. Upon request
1697 by an affected county commission, the Florida Public Service
1698 Commission will provide assistance in establishing the fee.
1699 Further, for utilities and utility authorities that use the
1700 additional line item environmental protection disposal fee, such
1701 fee may not be considered a rate increase under the rules of the
1702 Public Service Commission and shall be exempt from such rules.
1703 Utilities using the provisions of this section may immediately
1704 include in their sewer invoicing the new environmental
1705 protection disposal fee. Proceeds from this environmental
1706 protection disposal fee shall be used for treatment and disposal
1707 of wastewater biosolids residuals, including any treatment
1708 technology that helps reduce the volume of biosolids residuals
1709 that require final disposal, but such proceeds may not be used
1710 for transportation or shipment costs for disposal or any costs
1711 relating to the land application of biosolids residuals in the
1712 Lake Okeechobee watershed.
1713 18.c. No less frequently than once every 3 years, the
1714 Florida Public Service Commission or the county commission
1715 through the services of an independent auditor shall perform a
1716 financial audit of all facilities receiving compensation from an
1717 environmental protection disposal fee. The Florida Public
1718 Service Commission or the county commission through the services
1719 of an independent auditor shall also perform an audit of the
1720 methodology used in establishing the environmental protection
1721 disposal fee. The Florida Public Service Commission or the
1722 county commission shall, within 120 days after completion of an
1723 audit, file the audit report with the President of the Senate
1724 and the Speaker of the House of Representatives and shall
1725 provide copies to the county commissions of the counties set
1726 forth in subparagraph 17. sub-subparagraph b. The books and
1727 records of any facilities receiving compensation from an
1728 environmental protection disposal fee shall be open to the
1729 Florida Public Service Commission and the Auditor General for
1730 review upon request.
1731 19.7. The Department of Health shall require all entities
1732 disposing of septage within the Lake Okeechobee watershed to
1733 develop and submit to that agency an agricultural use plan that
1734 limits applications based upon phosphorus loading consistent
1735 with the Lake Okeechobee Basin Management Action Plan adopted
1736 pursuant to s. 403.067. By July 1, 2005, phosphorus
1737 concentrations originating from these application sites may not
1738 exceed the limits established in the district’s WOD program.
1739 20.8. The Department of Agriculture and Consumer Services
1740 shall initiate rulemaking requiring entities within the Lake
1741 Okeechobee watershed which land-apply animal manure to develop
1742 resource management system level conservation plans, according
1743 to United States Department of Agriculture criteria, which limit
1744 such application. Such rules shall may include criteria and
1745 thresholds for the requirement to develop a conservation or
1746 nutrient management plan, requirements for plan approval, site
1747 inspection requirements, and recordkeeping requirements.
1748 21. The district shall revise chapter 40E-61, Florida
1749 Administrative Code, to be consistent with this section and s.
1750 403.067; provide for a monitoring program for nonpoint source
1751 dischargers required to monitor water quality by s. 403.067; and
1752 provide for the results of such monitoring to be reported to the
1753 coordinating agencies.
1754 9. The district, the department, or the Department of
1755 Agriculture and Consumer Services, as appropriate, shall
1756 implement those alternative nutrient reduction technologies
1757 determined to be feasible pursuant to subparagraph (d)6.
1758 (d) Lake Okeechobee Watershed Research and Water Quality
1759 Monitoring Program.—The district, in cooperation with the other
1760 coordinating agencies, shall establish a Lake Okeechobee
1761 Watershed Research and Water Quality Monitoring Program that
1762 builds upon the district’s existing Lake Okeechobee research
1763 program. The program shall:
1764 1. Evaluate all available existing water quality data
1765 concerning total phosphorus in the Lake Okeechobee watershed,
1766 develop a water quality baseline to represent existing
1767 conditions for total phosphorus, monitor long-term ecological
1768 changes, including water quality for total phosphorus, and
1769 measure compliance with water quality standards for total
1770 phosphorus, including any applicable total maximum daily load
1771 for the Lake Okeechobee watershed as established pursuant to s.
1772 403.067. Every 3 years, the district shall reevaluate water
1773 quality and quantity data to ensure that the appropriate
1774 projects are being designated and implemented to meet the water
1775 quality and storage goals of the plan. The district shall also
1776 implement a total phosphorus monitoring program at appropriate
1777 structures owned or operated by the South Florida Water
1778 Management District and within the Lake Okeechobee watershed.
1779 2. Develop a Lake Okeechobee water quality model that
1780 reasonably represents phosphorus dynamics of the lake and
1781 incorporates an uncertainty analysis associated with model
1782 predictions.
1783 3. Determine the relative contribution of phosphorus from
1784 all identifiable sources and all primary and secondary land
1785 uses.
1786 4. Conduct an assessment of the sources of phosphorus from
1787 the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
1788 relative contribution to the water quality of Lake Okeechobee.
1789 The results of this assessment shall be used by the coordinating
1790 agencies to develop interim measures, best management practices,
1791 or regulation, as applicable.
1792 5. Assess current water management practices within the
1793 Lake Okeechobee watershed and develop recommendations for
1794 structural and operational improvements. Such recommendations
1795 shall balance water supply, flood control, estuarine salinity,
1796 maintenance of a healthy lake littoral zone, and water quality
1797 considerations.
1798 6. Evaluate the feasibility of alternative nutrient
1799 reduction technologies, including sediment traps, canal and
1800 ditch maintenance, fish production or other aquaculture,
1801 bioenergy conversion processes, and algal or other biological
1802 treatment technologies.
1803 7. Conduct an assessment of the water volumes and timing
1804 from the Lake Okeechobee watershed and their relative
1805 contribution to the water level changes in Lake Okeechobee and
1806 to the timing and volume of water delivered to the estuaries.
1807 (c)(e) Lake Okeechobee Exotic Species Control Program.—The
1808 coordinating agencies shall identify the exotic species that
1809 threaten the native flora and fauna within the Lake Okeechobee
1810 watershed and develop and implement measures to protect the
1811 native flora and fauna.
1812 (d)(f) Lake Okeechobee Internal Phosphorus Management
1813 Program.—The district, in cooperation with the other
1814 coordinating agencies and interested parties, shall evaluate the
1815 feasibility of complete a Lake Okeechobee internal phosphorus
1816 load removal projects feasibility study. The evaluation
1817 feasibility study shall be based on technical feasibility, as
1818 well as economic considerations, and shall consider address all
1819 reasonable methods of phosphorus removal. If projects methods
1820 are found to be feasible, the district shall immediately pursue
1821 the design, funding, and permitting for implementing such
1822 projects methods.
1823 (e)(g) Lake Okeechobee Watershed Protection Program Plan
1824 implementation.—The coordinating agencies shall be jointly
1825 responsible for implementing the Lake Okeechobee Watershed
1826 Protection Program Plan, consistent with the statutory authority
1827 and responsibility of each agency. Annual funding priorities
1828 shall be jointly established, and the highest priority shall be
1829 assigned to programs and projects that address sources that have
1830 the highest relative contribution to loading and the greatest
1831 potential for reductions needed to meet the total maximum daily
1832 loads. In determining funding priorities, the coordinating
1833 agencies shall also consider the need for regulatory compliance,
1834 the extent to which the program or project is ready to proceed,
1835 and the availability of federal matching funds or other nonstate
1836 funding, including public-private partnerships. Federal and
1837 other nonstate funding shall be maximized to the greatest extent
1838 practicable.
1839 (f)(h) Priorities and implementation schedules.—The
1840 coordinating agencies are authorized and directed to establish
1841 priorities and implementation schedules for the achievement of
1842 total maximum daily loads, compliance with the requirements of
1843 s. 403.067, and compliance with applicable water quality
1844 standards within the waters and watersheds subject to this
1845 section.
1846 (i) Legislative ratification.—The coordinating agencies
1847 shall submit the Phase II technical plan developed pursuant to
1848 paragraph (b) to the President of the Senate and the Speaker of
1849 the House of Representatives prior to the 2008 legislative
1850 session for review. If the Legislature takes no action on the
1851 plan during the 2008 legislative session, the plan is deemed
1852 approved and may be implemented.
1853 (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
1854 ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
1855 program shall be developed and implemented as specified in this
1856 subsection. In order to protect and restore surface water
1857 resources, the program shall address the reduction of pollutant
1858 loadings, restoration of natural hydrology, and compliance with
1859 applicable state water quality standards. The program shall be
1860 achieved through a phased program of implementation. In
1861 addition, pollutant load reductions based upon adopted total
1862 maximum daily loads established in accordance with s. 403.067
1863 shall serve as a program objective. In the development and
1864 administration of the program, the coordinating agencies shall
1865 maximize opportunities provided by federal and local government
1866 cost-sharing programs and opportunities for partnerships with
1867 the private sector and local government. The program plan shall
1868 include a goal for salinity envelopes and freshwater inflow
1869 targets for the estuaries based upon existing research and
1870 documentation. The goal may be revised as new information is
1871 available. This goal shall seek to reduce the frequency and
1872 duration of undesirable salinity ranges while meeting the other
1873 water-related needs of the region, including water supply and
1874 flood protection, while recognizing the extent to which water
1875 inflows are within the control and jurisdiction of the district.
1876 (a) Caloosahatchee River Watershed Protection Plan.—No
1877 later than January 1, 2009, The district, in cooperation with
1878 the other coordinating agencies, Lee County, and affected
1879 counties and municipalities, shall complete a River Watershed
1880 Protection Plan in accordance with this subsection. The
1881 Caloosahatchee River Watershed Protection Plan shall identify
1882 the geographic extent of the watershed, be coordinated as needed
1883 with the plans developed pursuant to paragraph (3)(a) and
1884 paragraph (c) (b) of this subsection, and contain an
1885 implementation schedule for pollutant load reductions consistent
1886 with any adopted total maximum daily loads and compliance with
1887 applicable state water quality standards. The plan shall include
1888 the Caloosahatchee River Watershed Construction Project and the
1889 Caloosahatchee River Watershed Research and Water Quality
1890 Monitoring Program.:
1891 1. Caloosahatchee River Watershed Construction Project.—To
1892 improve the hydrology, water quality, and aquatic habitats
1893 within the watershed, the district shall, no later than January
1894 1, 2012, plan, design, and construct the initial phase of the
1895 Watershed Construction Project. In doing so, the district shall:
1896 a. Develop and designate the facilities to be constructed
1897 to achieve stated goals and objectives of the Caloosahatchee
1898 River Watershed Protection Plan.
1899 b. Conduct scientific studies that are necessary to support
1900 the design of the Caloosahatchee River Watershed Construction
1901 Project facilities.
1902 c. Identify the size and location of all such facilities.
1903 d. Provide a construction schedule for all such facilities,
1904 including the sequencing and specific timeframe for construction
1905 of each facility.
1906 e. Provide a schedule for the acquisition of lands or
1907 sufficient interests necessary to achieve the construction
1908 schedule.
1909 f. Provide a schedule of costs and benefits associated with
1910 each construction project and identify funding sources.
1911 g. To ensure timely implementation, coordinate the design,
1912 scheduling, and sequencing of project facilities with the
1913 coordinating agencies, Lee County, other affected counties and
1914 municipalities, and other affected parties.
1915 2. Caloosahatchee River Watershed Research and Water
1916 Quality Monitoring Program.—The district, in cooperation with
1917 the other coordinating agencies and local governments, shall
1918 implement a Caloosahatchee River Watershed Research and Water
1919 Quality Monitoring Program that builds upon the district’s
1920 existing research program and that is sufficient to carry out,
1921 comply with, or assess the plans, programs, and other
1922 responsibilities created by this subsection. The program shall
1923 also conduct an assessment of the water volumes and timing from
1924 Lake Okeechobee and the Caloosahatchee River watershed and their
1925 relative contributions to the timing and volume of water
1926 delivered to the estuary.
1927 (b)2. Caloosahatchee River Watershed Basin Management
1928 Action Plans Pollutant Control Program.—The basin management
1929 action plans adopted pursuant to s. 403.067 for the
1930 Caloosahatchee River watershed shall be the Caloosahatchee River
1931 Watershed Pollutant Control Program. The plans shall be is
1932 designed to be a multifaceted approach to reducing pollutant
1933 loads by improving the management of pollutant sources within
1934 the Caloosahatchee River watershed through implementation of
1935 regulations and best management practices, development and
1936 implementation of improved best management practices,
1937 improvement and restoration of the hydrologic function of
1938 natural and managed systems, and utilization of alternative
1939 technologies for pollutant reduction, such as cost-effective
1940 biologically based, hybrid wetland/chemical and other innovative
1941 nutrient control technologies. The plans shall contain an
1942 implementation schedule for pollutant load reductions consistent
1943 with the adopted total maximum daily load. As provided in s.
1944 403.067(7)(a)5., the Caloosahatchee River Watershed Basin
1945 Management Action Plan must include milestones for
1946 implementation and water quality improvement and an associated
1947 water quality monitoring component sufficient to evaluate
1948 whether reasonable progress in pollutant load reductions is
1949 being achieved over time. The department shall develop a
1950 schedule to establish 5-, 10-, and 15-year measurable milestones
1951 and a target for achieving water quality improvement consistent
1952 with the provisions of this section. The schedule shall be used
1953 to provide guidance for planning and funding purposes and is
1954 exempt from the provisions of s. 120.54(l)(a). An assessment of
1955 progress toward these milestones shall be conducted every 5
1956 years, and revisions to the plan shall be made, as appropriate,
1957 as a result of each 5-year review. The assessment shall be
1958 provided to the Governor, the President of the Senate, and the
1959 Speaker of the House of Representatives. Upon the first 5-year
1960 review, a schedule, measureable milestones, and a target for
1961 achieving water quality improvement consistent with the
1962 provisions of this section shall be adopted into the plan
1963 revisions to the basin management action plan shall be made by
1964 the department in cooperation with basin stakeholders. Revisions
1965 to the management strategies must follow the procedures set
1966 forth in s. 403.067(7)(c)4. Revised basin management action
1967 plans must be adopted pursuant to s. 403.067(7)(a)4. The
1968 coordinating agencies shall facilitate the use utilization of
1969 federal programs that offer opportunities for water quality
1970 treatment, including preservation, restoration, or creation of
1971 wetlands on agricultural lands.
1972 1.a. Nonpoint source best management practices consistent
1973 with s. 403.067 paragraph (3)(c), designed to achieve the
1974 objectives of the Caloosahatchee River Watershed Protection
1975 Program, shall be implemented on an expedited basis. The
1976 coordinating agencies may develop an intergovernmental agreement
1977 with local governments to implement the nonagricultural,
1978 nonpoint-source best management practices within their
1979 respective geographic boundaries.
1980 2.b. This subsection does not preclude the department or
1981 the district from requiring compliance with water quality
1982 standards, adopted total maximum daily loads, or current best
1983 management practices requirements set forth in any applicable
1984 regulatory program authorized by law for the purpose of
1985 protecting water quality. This subsection applies only to the
1986 extent that it does not conflict with any rules adopted by the
1987 department or district which are necessary to maintain a
1988 federally delegated or approved program.
1989 3.c. Projects that make use of private lands, or lands held
1990 in trust for Indian tribes, to reduce pollutant loadings or
1991 concentrations within a basin, or that reduce the volume of
1992 harmful discharges by one or more of the following methods:
1993 restoring the natural hydrology of the basin, restoring wildlife
1994 habitat or impacted wetlands, reducing peak flows after storm
1995 events, or increasing aquifer recharge, are eligible for grants
1996 available under this section from the coordinating agencies.
1997 4.d. The Caloosahatchee River Watershed Basin Management
1998 Action Plans Pollutant Control Program shall require assessment
1999 of current water management practices within the watershed and
2000 shall require development of recommendations for structural,
2001 nonstructural, and operational improvements. Such
2002 recommendations shall consider and balance water supply, flood
2003 control, estuarine salinity, aquatic habitat, and water quality
2004 considerations.
2005 5.e. After December 31, 2007, The department may not
2006 authorize the disposal of domestic wastewater biosolids
2007 residuals within the Caloosahatchee River watershed unless the
2008 applicant can affirmatively demonstrate that the nutrients in
2009 the biosolids residuals will not add to nutrient loadings in the
2010 watershed. This demonstration shall be based on achieving a net
2011 balance between nutrient imports relative to exports on the
2012 permitted application site. Exports shall include only nutrients
2013 removed from the watershed through products generated on the
2014 permitted application site. This prohibition does not apply to
2015 Class AA biosolids residuals that are marketed and distributed
2016 as fertilizer products in accordance with department rule.
2017 6.f. The Department of Health shall require all entities
2018 disposing of septage within the Caloosahatchee River watershed
2019 to develop and submit to that agency an agricultural use plan
2020 that limits applications based upon nutrient loading consistent
2021 with any basin management action plan adopted pursuant to s.
2022 403.067. By July 1, 2008, nutrient concentrations originating
2023 from these application sites may not exceed the limits
2024 established in the district’s WOD program.
2025 7.g. The Department of Agriculture and Consumer Services
2026 shall require initiate rulemaking requiring entities within the
2027 Caloosahatchee River watershed which land-apply animal manure to
2028 develop a resource management system level conservation plan,
2029 according to United States Department of Agriculture criteria,
2030 which limit such application. Such rules shall may include
2031 criteria and thresholds for the requirement to develop a
2032 conservation or nutrient management plan, requirements for plan
2033 approval, site inspection requirements, and recordkeeping
2034 requirements.
2035 8. The district shall initiate rulemaking to provide for a
2036 monitoring program for nonpoint source dischargers required to
2037 monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
2038 403.067(7)(c)3. The results of such monitoring must be reported
2039 to the coordinating agencies.
2040 3. Caloosahatchee River Watershed Research and Water
2041 Quality Monitoring Program.—The district, in cooperation with
2042 the other coordinating agencies and local governments, shall
2043 establish a Caloosahatchee River Watershed Research and Water
2044 Quality Monitoring Program that builds upon the district’s
2045 existing research program and that is sufficient to carry out,
2046 comply with, or assess the plans, programs, and other
2047 responsibilities created by this subsection. The program shall
2048 also conduct an assessment of the water volumes and timing from
2049 the Lake Okeechobee and Caloosahatchee River watersheds and
2050 their relative contributions to the timing and volume of water
2051 delivered to the estuary.
2052 (c)(b) St. Lucie River Watershed Protection Plan.—No later
2053 than January 1, 2009, The district, in cooperation with the
2054 other coordinating agencies, Martin County, and affected
2055 counties and municipalities shall complete a plan in accordance
2056 with this subsection. The St. Lucie River Watershed Protection
2057 Plan shall identify the geographic extent of the watershed, be
2058 coordinated as needed with the plans developed pursuant to
2059 paragraph (3)(a) and paragraph (a) of this subsection, and
2060 contain an implementation schedule for pollutant load reductions
2061 consistent with any adopted total maximum daily loads and
2062 compliance with applicable state water quality standards. The
2063 plan shall include the St. Lucie River Watershed Construction
2064 Project and St. Lucie River Watershed Research and Water Quality
2065 Monitoring Program.:
2066 1. St. Lucie River Watershed Construction Project.—To
2067 improve the hydrology, water quality, and aquatic habitats
2068 within the watershed, the district shall, no later than January
2069 1, 2012, plan, design, and construct the initial phase of the
2070 Watershed Construction Project. In doing so, the district shall:
2071 a. Develop and designate the facilities to be constructed
2072 to achieve stated goals and objectives of the St. Lucie River
2073 Watershed Protection Plan.
2074 b. Identify the size and location of all such facilities.
2075 c. Provide a construction schedule for all such facilities,
2076 including the sequencing and specific timeframe for construction
2077 of each facility.
2078 d. Provide a schedule for the acquisition of lands or
2079 sufficient interests necessary to achieve the construction
2080 schedule.
2081 e. Provide a schedule of costs and benefits associated with
2082 each construction project and identify funding sources.
2083 f. To ensure timely implementation, coordinate the design,
2084 scheduling, and sequencing of project facilities with the
2085 coordinating agencies, Martin County, St. Lucie County, other
2086 interested parties, and other affected local governments.
2087 2. St. Lucie River Watershed Research and Water Quality
2088 Monitoring Program.—The district, in cooperation with the other
2089 coordinating agencies and local governments, shall establish a
2090 St. Lucie River Watershed Research and Water Quality Monitoring
2091 Program that builds upon the district’s existing research
2092 program and that is sufficient to carry out, comply with, or
2093 assess the plans, programs, and other responsibilities created
2094 by this subsection. The program shall also conduct an assessment
2095 of the water volumes and timing from Lake Okeechobee and the St.
2096 Lucie River watershed and their relative contributions to the
2097 timing and volume of water delivered to the estuary.
2098 (d)2. St. Lucie River Watershed Basin Management Action
2099 Plans Pollutant Control Program.—Basin management action plans
2100 for the St. Lucie River watershed adopted pursuant to s. 403.067
2101 shall be the St. Lucie River Watershed Pollutant Control Program
2102 and shall be is designed to be a multifaceted approach to
2103 reducing pollutant loads by improving the management of
2104 pollutant sources within the St. Lucie River watershed through
2105 implementation of regulations and best management practices,
2106 development and implementation of improved best management
2107 practices, improvement and restoration of the hydrologic
2108 function of natural and managed systems, and use utilization of
2109 alternative technologies for pollutant reduction, such as cost
2110 effective biologically based, hybrid wetland/chemical and other
2111 innovative nutrient control technologies. The plan shall contain
2112 an implementation schedule for pollutant load reductions
2113 consistent with the adopted total maximum daily load. As
2114 provided in 403.067(7)(a)5., the St. Lucie Watershed Basin
2115 Management Action Plan must include milestones for
2116 implementation and water quality improvement, and an associated
2117 water quality monitoring component sufficient to evaluate
2118 whether reasonable progress in pollutant load reductions is
2119 being achieved over time. The department shall develop a
2120 schedule to establish 5-, 10-, and 15-year measurable milestones
2121 and a target for achieving water quality improvement consistent
2122 with the provisions of this section. The schedule shall be used
2123 to provide guidance for planning and funding purposes and is
2124 exempt from the provisions of s. 120.54(l)(a). An assessment of
2125 progress toward these milestones shall be conducted every 5
2126 years, and revisions to the plan shall be made, as appropriate,
2127 as a result of each 5-year review. The assessment shall be
2128 provided to the Governor, the President of the Senate, and the
2129 Speaker of the House of Representatives. Upon the first 5-year
2130 review, a schedule, measureable milestones, and a target for
2131 achieving water quality improvement consistent with the
2132 provisions of this section shall be adopted into the plan.
2133 Revisions to the basin management action plan shall be made by
2134 the department in cooperation with basin stakeholders. Revisions
2135 to the management strategies must follow the procedures set
2136 forth in s. 403.067(7)(c)4. Revised basin management action
2137 plans must be adopted pursuant to s. 403.067(7)(a)4. The
2138 coordinating agencies shall facilitate the use utilization of
2139 federal programs that offer opportunities for water quality
2140 treatment, including preservation, restoration, or creation of
2141 wetlands on agricultural lands.
2142 1.a. Nonpoint source best management practices consistent
2143 with s. 403.067 paragraph (3)(c), designed to achieve the
2144 objectives of the St. Lucie River Watershed Protection Program,
2145 shall be implemented on an expedited basis. The coordinating
2146 agencies may develop an intergovernmental agreement with local
2147 governments to implement the nonagricultural nonpoint source
2148 best management practices within their respective geographic
2149 boundaries.
2150 2.b. This subsection does not preclude the department or
2151 the district from requiring compliance with water quality
2152 standards, adopted total maximum daily loads, or current best
2153 management practices requirements set forth in any applicable
2154 regulatory program authorized by law for the purpose of
2155 protecting water quality. This subsection applies only to the
2156 extent that it does not conflict with any rules adopted by the
2157 department or district which are necessary to maintain a
2158 federally delegated or approved program.
2159 3.c. Projects that make use of private lands, or lands held
2160 in trust for Indian tribes, to reduce pollutant loadings or
2161 concentrations within a basin, or that reduce the volume of
2162 harmful discharges by one or more of the following methods:
2163 restoring the natural hydrology of the basin, restoring wildlife
2164 habitat or impacted wetlands, reducing peak flows after storm
2165 events, or increasing aquifer recharge, are eligible for grants
2166 available under this section from the coordinating agencies.
2167 4.d. The St. Lucie River Watershed Basin Management Action
2168 Plans Pollutant Control Program shall require assessment of
2169 current water management practices within the watershed and
2170 shall require development of recommendations for structural,
2171 nonstructural, and operational improvements. Such
2172 recommendations shall consider and balance water supply, flood
2173 control, estuarine salinity, aquatic habitat, and water quality
2174 considerations.
2175 5.e. After December 31, 2007, The department may not
2176 authorize the disposal of domestic wastewater biosolids
2177 residuals within the St. Lucie River watershed unless the
2178 applicant can affirmatively demonstrate that the nutrients in
2179 the biosolids residuals will not add to nutrient loadings in the
2180 watershed. This demonstration shall be based on achieving a net
2181 balance between nutrient imports relative to exports on the
2182 permitted application site. Exports shall include only nutrients
2183 removed from the St. Lucie River watershed through products
2184 generated on the permitted application site. This prohibition
2185 does not apply to Class AA biosolids residuals that are marketed
2186 and distributed as fertilizer products in accordance with
2187 department rule.
2188 6.f. The Department of Health shall require all entities
2189 disposing of septage within the St. Lucie River watershed to
2190 develop and submit to that agency an agricultural use plan that
2191 limits applications based upon nutrient loading consistent with
2192 any basin management action plan adopted pursuant to s. 403.067.
2193 By July 1, 2008, nutrient concentrations originating from these
2194 application sites may not exceed the limits established in the
2195 district’s WOD program.
2196 7.g. The Department of Agriculture and Consumer Services
2197 shall initiate rulemaking requiring entities within the St.
2198 Lucie River watershed which land-apply animal manure to develop
2199 a resource management system level conservation plan, according
2200 to United States Department of Agriculture criteria, which limit
2201 such application. Such rules shall may include criteria and
2202 thresholds for the requirement to develop a conservation or
2203 nutrient management plan, requirements for plan approval, site
2204 inspection requirements, and recordkeeping requirements.
2205 8. The district shall initiate rulemaking to provide for a
2206 monitoring program for nonpoint source dischargers required to
2207 monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
2208 403.067(7)(c)3. The results of such monitoring must be reported
2209 to the coordinating agencies.
2210 3. St. Lucie River Watershed Research and Water Quality
2211 Monitoring Program.—The district, in cooperation with the other
2212 coordinating agencies and local governments, shall establish a
2213 St. Lucie River Watershed Research and Water Quality Monitoring
2214 Program that builds upon the district’s existing research
2215 program and that is sufficient to carry out, comply with, or
2216 assess the plans, programs, and other responsibilities created
2217 by this subsection. The program shall also conduct an assessment
2218 of the water volumes and timing from the Lake Okeechobee and St.
2219 Lucie River watersheds and their relative contributions to the
2220 timing and volume of water delivered to the estuary.
2221 (e)(c) River Watershed Protection Plan implementation.—The
2222 coordinating agencies shall be jointly responsible for
2223 implementing the River Watershed Protection Plans, consistent
2224 with the statutory authority and responsibility of each agency.
2225 Annual funding priorities shall be jointly established, and the
2226 highest priority shall be assigned to programs and projects that
2227 have the greatest potential for achieving the goals and
2228 objectives of the plans. In determining funding priorities, the
2229 coordinating agencies shall also consider the need for
2230 regulatory compliance, the extent to which the program or
2231 project is ready to proceed, and the availability of federal or
2232 local government matching funds. Federal and other nonstate
2233 funding shall be maximized to the greatest extent practicable.
2234 (f)(d) Evaluation.—Beginning By March 1, 2020 2012, and
2235 every 5 3 years thereafter, concurrent with the updates of the
2236 basin management action plans adopted pursuant to s. 403.067,
2237 the department, district in cooperation with the other
2238 coordinating agencies, shall conduct an evaluation of any
2239 pollutant load reduction goals, as well as any other specific
2240 objectives and goals, as stated in the River Watershed
2241 Protection Programs Plans. Additionally, The district shall
2242 identify modifications to facilities of the River Watershed
2243 Construction Projects, as appropriate, or any other elements of
2244 the River Watershed Protection Programs Plans. The evaluation
2245 shall be included in the annual progress report submitted
2246 pursuant to this section.
2247 (g)(e) Priorities and implementation schedules.—The
2248 coordinating agencies are authorized and directed to establish
2249 priorities and implementation schedules for the achievement of
2250 total maximum daily loads, the requirements of s. 403.067, and
2251 compliance with applicable water quality standards within the
2252 waters and watersheds subject to this section.
2253 (f) Legislative ratification.—The coordinating agencies
2254 shall submit the River Watershed Protection Plans developed
2255 pursuant to paragraphs (a) and (b) to the President of the
2256 Senate and the Speaker of the House of Representatives prior to
2257 the 2009 legislative session for review. If the Legislature
2258 takes no action on the plan during the 2009 legislative session,
2259 the plan is deemed approved and may be implemented.
2260 (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
2261 LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
2262 department is directed to expedite development and adoption of
2263 total maximum daily loads for the Caloosahatchee River and
2264 estuary. The department is further directed to, no later than
2265 December 31, 2008, propose for final agency action total maximum
2266 daily loads for nutrients in the tidal portions of the
2267 Caloosahatchee River and estuary. The department shall initiate
2268 development of basin management action plans for Lake
2269 Okeechobee, the Caloosahatchee River watershed and estuary, and
2270 the St. Lucie River watershed and estuary as provided in s.
2271 403.067 s. 403.067(7)(a) as follows:
2272 (a) Basin management action plans shall be developed as
2273 soon as practicable as determined necessary by the department to
2274 achieve the total maximum daily loads established for the Lake
2275 Okeechobee watershed and the estuaries.
2276 (b) The Phase II technical plan development pursuant to
2277 paragraph (3)(a) (3)(b), and the River Watershed Protection
2278 Plans developed pursuant to paragraphs (4)(a) and (c)(b), shall
2279 provide the basis for basin management action plans developed by
2280 the department.
2281 (c) As determined necessary by the department in order to
2282 achieve the total maximum daily loads, additional or modified
2283 projects or programs that complement those in the legislatively
2284 ratified plans may be included during the development of the
2285 basin management action plan.
2286 (d) As provided in s. 403.067, management strategies and
2287 pollution reduction requirements set forth in a basin management
2288 action plan subject to permitting by the department under
2289 subsection (7) must be completed pursuant to the schedule set
2290 forth in the basin management action plan, as amended. The
2291 implementation schedule may extend beyond the 5-year permit
2292 term.
2293 (e) As provided in s. 403.067, management strategies and
2294 pollution reduction requirements set forth in a basin management
2295 action plan for a specific pollutant of concern are not subject
2296 to challenge under chapter 120 at the time they are
2297 incorporated, in an identical form, into a department or
2298 district issued permit or a permit modification issued in
2299 accordance with subsection (7).
2300 (d) Development of basin management action plans that
2301 implement the provisions of the legislatively ratified plans
2302 shall be initiated by the department no later than September 30
2303 of the year in which the applicable plan is ratified. Where a
2304 total maximum daily load has not been established at the time of
2305 plan ratification, development of basin management action plans
2306 shall be initiated no later than 90 days following adoption of
2307 the applicable total maximum daily load.
2308 (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in
2309 cooperation with the other coordinating agencies, shall report
2310 on implementation of this section as part of the consolidated
2311 annual report required in s. 373.036(7). The annual report shall
2312 include a summary of the conditions of the hydrology, water
2313 quality, and aquatic habitat in the northern Everglades based on
2314 the results of the Research and Water Quality Monitoring
2315 Programs, the status of the Lake Okeechobee Watershed
2316 Construction Project, the status of the Caloosahatchee River
2317 Watershed Construction Project, and the status of the St. Lucie
2318 River Watershed Construction Project. In addition, the report
2319 shall contain an annual accounting of the expenditure of funds
2320 from the Save Our Everglades Trust Fund. At a minimum, the
2321 annual report shall provide detail by program and plan,
2322 including specific information concerning the amount and use of
2323 funds from federal, state, or local government sources. In
2324 detailing the use of these funds, the district shall indicate
2325 those designated to meet requirements for matching funds. The
2326 district shall prepare the report in cooperation with the other
2327 coordinating agencies and affected local governments. The
2328 department shall report on the status of the Lake Okeechobee
2329 Basin Management Action Plan, the Caloosahatchee River Watershed
2330 Basin Management Action Plan, and the St. Lucie River Watershed
2331 Basin Management Action Plan. The Department of Agriculture and
2332 Consumer Services shall report on the status of the
2333 implementation of the agricultural nonpoint source best
2334 management practices, including an implementation assurance
2335 report summarizing survey responses and response rates, site
2336 inspections, and other methods used to verify implementation of
2337 and compliance with best management practices in the Lake
2338 Okeechobee, Caloosahatchee and St. Lucie watersheds.
2339 (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
2340 (a) The Legislature finds that the Lake Okeechobee
2341 Watershed Protection Program will benefit Lake Okeechobee and
2342 downstream receiving waters and is in consistent with the public
2343 interest. The Lake Okeechobee Watershed Construction Project and
2344 structures discharging into or from Lake Okeechobee shall be
2345 constructed, operated, and maintained in accordance with this
2346 section.
2347 (b) Permits obtained pursuant to this section are in lieu
2348 of all other permits under this chapter or chapter 403, except
2349 those issued under s. 403.0885, if applicable. No Additional
2350 permits are not required for the Lake Okeechobee Watershed
2351 Construction Project, or structures discharging into or from
2352 Lake Okeechobee, if such project or structures are permitted
2353 under this section. Construction activities related to
2354 implementation of the Lake Okeechobee Watershed Construction
2355 Project may be initiated before prior to final agency action, or
2356 notice of intended agency action, on any permit from the
2357 department under this section.
2358 (c)1. Within 90 days of completion of the diversion plans
2359 set forth in Department Consent Orders 91-0694, 91-0707, 91
2360 0706, 91-0705, and RT50-205564, Owners or operators of existing
2361 structures which discharge into or from Lake Okeechobee that
2362 were subject to Department Consent Orders 91-0694, 91-0705, 91
2363 0706, 91-0707, and RT50-205564 and that are subject to the
2364 provisions of s. 373.4592(4)(a) do not require a permit under
2365 this section and shall be governed by permits issued under apply
2366 for a permit from the department to operate and maintain such
2367 structures. By September 1, 2000, owners or operators of all
2368 other existing structures which discharge into or from Lake
2369 Okeechobee shall apply for a permit from the department to
2370 operate and maintain such structures. The department shall issue
2371 one or more such permits for a term of 5 years upon the
2372 demonstration of reasonable assurance that schedules and
2373 strategies to achieve and maintain compliance with water quality
2374 standards have been provided for, to the maximum extent
2375 practicable, and that operation of the structures otherwise
2376 complies with provisions of ss. 373.413 and 373.416 and the Lake
2377 Okeechobee Basin Management Action Plan adopted pursuant to s.
2378 403.067.
2379 1. Permits issued under this paragraph shall also contain
2380 reasonable conditions to ensure that discharges of waters
2381 through structures:
2382 a. Are adequately and accurately monitored;
2383 b. Will not degrade existing Lake Okeechobee water quality
2384 and will result in an overall reduction of phosphorus input into
2385 Lake Okeechobee, as set forth in the district’s Technical
2386 Publication 81-2 and the total maximum daily load established in
2387 accordance with s. 403.067, to the maximum extent practicable;
2388 and
2389 c. Do not pose a serious danger to public health, safety,
2390 or welfare.
2391 2. For the purposes of this paragraph, owners and operators
2392 of existing structures which are subject to the provisions of s.
2393 373.4592(4)(a) and which discharge into or from Lake Okeechobee
2394 shall be deemed in compliance with this paragraph the term
2395 “maximum extent practicable” if they are in full compliance with
2396 the conditions of permits under chapter chapters 40E-61 and 40E
2397 63, Florida Administrative Code.
2398 3. By January 1, 2016 2004, the district shall submit to
2399 the department a complete application for a permit modification
2400 to the Lake Okeechobee structure permits to incorporate proposed
2401 changes necessary to ensure that discharges through the
2402 structures covered by this permit are consistent with the basin
2403 management action plan adopted pursuant to achieve state water
2404 quality standards, including the total maximum daily load
2405 established in accordance with s. 403.067. These changes shall
2406 be designed to achieve such compliance with state water quality
2407 standards no later than January 1, 2015.
2408 (d) The department shall require permits for district
2409 regional projects that are part of the Lake Okeechobee Watershed
2410 Construction Project facilities. However, projects identified in
2411 sub-subparagraph (3)(b)1.b. that qualify as exempt pursuant to
2412 s. 373.406 do shall not require need permits under this section.
2413 Such permits shall be issued for a term of 5 years upon the
2414 demonstration of reasonable assurances that:
2415 1. District regional projects that are part of the Lake
2416 Okeechobee Watershed Construction Project shall facility, based
2417 upon the conceptual design documents and any subsequent detailed
2418 design documents developed by the district, will achieve the
2419 design objectives for phosphorus required in subparagraph
2420 (3)(a)1. paragraph (3)(b);
2421 2. For water quality standards other than phosphorus, the
2422 quality of water discharged from the facility is of equal or
2423 better quality than the inflows;
2424 3. Discharges from the facility do not pose a serious
2425 danger to public health, safety, or welfare; and
2426 4. Any impacts on wetlands or state-listed species
2427 resulting from implementation of that facility of the Lake
2428 Okeechobee Construction Project are minimized and mitigated, as
2429 appropriate.
2430 (e) At least 60 days before prior to the expiration of any
2431 permit issued under this section, the permittee may apply for a
2432 renewal thereof for a period of 5 years.
2433 (f) Permits issued under this section may include any
2434 standard conditions provided by department rule which are
2435 appropriate and consistent with this section.
2436 (g) Permits issued under pursuant to this section may be
2437 modified, as appropriate, upon review and approval by the
2438 department.
2439 Section 20. Paragraphs (a) and (b) of subsection (6) of
2440 section 373.536, Florida Statutes, are amended to read:
2441 373.536 District budget and hearing thereon.—
2442 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
2443 WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
2444 (a) Each district must, by the date specified for each
2445 item, furnish copies of the following documents to the Governor,
2446 the President of the Senate, the Speaker of the House of
2447 Representatives, the chairs of all legislative committees and
2448 subcommittees having substantive or fiscal jurisdiction over the
2449 districts, as determined by the President of the Senate or the
2450 Speaker of the House of Representatives as applicable, the
2451 secretary of the department, and the governing board of each
2452 county in which the district has jurisdiction or derives any
2453 funds for the operations of the district:
2454 1. The adopted budget, to be furnished within 10 days after
2455 its adoption.
2456 2. A financial audit of its accounts and records, to be
2457 furnished within 10 days after its acceptance by the governing
2458 board. The audit must be conducted in accordance with s. 11.45
2459 and the rules adopted thereunder. In addition to the entities
2460 named above, the district must provide a copy of the audit to
2461 the Auditor General within 10 days after its acceptance by the
2462 governing board.
2463 3. A 5-year capital improvements plan, to be included in
2464 the consolidated annual report required by s. 373.036(7). The
2465 plan must include expected sources of revenue for planned
2466 improvements and must be prepared in a manner comparable to the
2467 fixed capital outlay format set forth in s. 216.043.
2468 4. A 5-year water resource development work program to be
2469 furnished within 30 days after the adoption of the final budget.
2470 The program must describe the district’s implementation strategy
2471 and include an annual funding plan for each of the 5 years
2472 included in the plan for the water resource and, water supply,
2473 development components, including and alternative water supply
2474 development, components of each approved regional water supply
2475 plan developed or revised under s. 373.709. The work program
2476 must address all the elements of the water resource development
2477 component in the district’s approved regional water supply
2478 plans, as well as the water supply projects proposed for
2479 district funding and assistance. The annual funding plan shall
2480 identify both anticipated available district funding and
2481 additional funding needs for the second through fifth years of
2482 the funding plan. Funding requests for projects submitted for
2483 consideration for state funding pursuant to s. 403.0616 shall be
2484 identified separately. The work program and must identify
2485 projects in the work program which will provide water; explain
2486 how each water resource and, water supply, and alternative water
2487 supply development project will produce additional water
2488 available for consumptive uses; estimate the quantity of water
2489 to be produced by each project; and provide an assessment of the
2490 contribution of the district’s regional water supply plans in
2491 supporting the implementation of minimum flows and minimum water
2492 levels and water reservations; and ensure providing sufficient
2493 water is available needed to timely meet the water supply needs
2494 of existing and future reasonable-beneficial uses for a 1-in-10
2495 year drought event and to avoid the adverse effects of
2496 competition for water supplies.
2497 (b) Within 30 days after its submittal, the department
2498 shall review the proposed work program and submit its findings,
2499 questions, and comments to the district. The review must include
2500 a written evaluation of the program’s consistency with the
2501 furtherance of the district’s approved regional water supply
2502 plans, and the adequacy of proposed expenditures. As part of the
2503 review, the department shall post the work program on its
2504 website and give interested parties the opportunity to provide
2505 written comments on each district’s proposed work program.
2506 Within 45 days after receipt of the department’s evaluation, the
2507 governing board shall state in writing to the department which
2508 of the changes recommended in the evaluation it will incorporate
2509 into its work program submitted as part of the March 1
2510 consolidated annual report required by s. 373.036(7) or specify
2511 the reasons for not incorporating the changes. The department
2512 shall include the district’s responses in a final evaluation
2513 report and shall submit a copy of the report to the Governor,
2514 the President of the Senate, and the Speaker of the House of
2515 Representatives.
2516 Section 21. Subsection (9) of section 373.703, Florida
2517 Statutes, is amended to read:
2518 373.703 Water production; general powers and duties.—In the
2519 performance of, and in conjunction with, its other powers and
2520 duties, the governing board of a water management district
2521 existing pursuant to this chapter:
2522 (9) May join with one or more other water management
2523 districts, counties, municipalities, special districts, publicly
2524 owned or privately owned water utilities, multijurisdictional
2525 water supply entities, regional water supply authorities,
2526 private landowners, or self-suppliers for the purpose of
2527 carrying out its powers, and may contract with such other
2528 entities to finance acquisitions, construction, operation, and
2529 maintenance, provided that such contracts are consistent with
2530 the public interest. The contract may provide for contributions
2531 to be made by each party to the contract for the division and
2532 apportionment of the expenses of acquisitions, construction,
2533 operation, and maintenance, and for the division and
2534 apportionment of resulting benefits, services, and products. The
2535 contracts may contain other covenants and agreements necessary
2536 and appropriate to accomplish their purposes.
2537 Section 22. Paragraph (b) of subsection (2), subsection
2538 (3), and paragraph (b) of subsection (4) of section 373.705,
2539 Florida Statutes, are amended, and subsection (5) is added to
2540 that section, to read:
2541 373.705 Water resource development; water supply
2542 development.—
2543 (2) It is the intent of the Legislature that:
2544 (b) Water management districts take the lead in identifying
2545 and implementing water resource development projects, and be
2546 responsible for securing necessary funding for regionally
2547 significant water resource development projects, including
2548 regionally significant projects that prevent or limit adverse
2549 water resource impacts, avoid competition among water users, or
2550 support the provision of new water supplies in order to meet a
2551 minimum flow or minimum water level, implement a recovery or
2552 prevention strategy or water reservation.
2553 (3)(a) The water management districts shall fund and
2554 implement water resource development as defined in s. 373.019.
2555 The water management districts are encouraged to implement water
2556 resource development as expeditiously as possible in areas
2557 subject to regional water supply plans.
2558 (b) Each governing board shall include in its annual budget
2559 submittals required under this chapter:
2560 1. The amount of funds for each project in the annual
2561 funding plan developed pursuant to s. 373.536(6)(a)4.;
2562 2. The total amount needed for the fiscal year to implement
2563 water resource development projects, as prioritized in its
2564 regional water supply plans; and
2565 3. The amount of funds requested for each project submitted
2566 for consideration for state funding pursuant to s. 403.0616.
2567 (4)
2568 (b) Water supply development projects that meet the
2569 criteria in paragraph (a) and that meet one or more of the
2570 following additional criteria shall be given first consideration
2571 for state or water management district funding assistance:
2572 1. The project brings about replacement of existing sources
2573 in order to help implement a minimum flow or minimum water
2574 level; or
2575 2. The project implements reuse that assists in the
2576 elimination of domestic wastewater ocean outfalls as provided in
2577 s. 403.086(9); or
2578 3. The project reduces or eliminates the adverse effects of
2579 competition between legal users and the natural system.
2580 (5) The water management districts shall promote expanded
2581 cost-share criteria for additional conservation practices, such
2582 as soil and moisture sensors and other irrigation improvements,
2583 water-saving equipment, and water-saving household fixtures.
2584 Section 23. Paragraph (f) of subsection (3), paragraph (a)
2585 of subsection (6), and paragraph (e) of subsection (8) of
2586 section 373.707, Florida Statutes, are amended to read:
2587 373.707 Alternative water supply development.—
2588 (3) The primary roles of the water management districts in
2589 water resource development as it relates to supporting
2590 alternative water supply development are:
2591 (f) The provision of technical and financial assistance to
2592 local governments and publicly owned and privately owned water
2593 utilities for alternative water supply projects and for self
2594 suppliers for alternative water supply projects to the extent
2595 assistance for self-suppliers promotes the policies in paragraph
2596 (1)(f).
2597 (6)(a) Where state The statewide funds are provided through
2598 specific appropriation for a priority project of the water
2599 resources work program pursuant to s. 403.0616, or pursuant to
2600 the Water Protection and Sustainability Program, such funds
2601 serve to supplement existing water management district or basin
2602 board funding for alternative water supply development
2603 assistance and should not result in a reduction of such funding.
2604 For each project identified in the annual funding plans prepared
2605 pursuant to s. 373.536(6)(a)4. Therefore, the water management
2606 districts shall include in the annual tentative and adopted
2607 budget submittals required under this chapter the amount of
2608 funds allocated for water resource development that supports
2609 alternative water supply development and the funds allocated for
2610 alternative water supply projects selected for inclusion in the
2611 Water Protection and Sustainability Program. It shall be the
2612 goal of each water management district and basin boards that the
2613 combined funds allocated annually for these purposes be, at a
2614 minimum, the equivalent of 100 percent of the state funding
2615 provided to the water management district for alternative water
2616 supply development. If this goal is not achieved, the water
2617 management district shall provide in the budget submittal an
2618 explanation of the reasons or constraints that prevent this goal
2619 from being met, an explanation of how the goal will be met in
2620 future years, and affirmation of match is required during the
2621 budget review process as established under s. 373.536(5). The
2622 Suwannee River Water Management District and the Northwest
2623 Florida Water Management District shall not be required to meet
2624 the match requirements of this paragraph; however, they shall
2625 try to achieve the match requirement to the greatest extent
2626 practicable.
2627 (8)
2628 (e) Applicants for projects that may receive funding
2629 assistance pursuant to the Water Protection and Sustainability
2630 Program shall, at a minimum, be required to pay 60 percent of
2631 the project’s construction costs. The water management districts
2632 may, at their discretion, totally or partially waive this
2633 requirement for projects sponsored by:
2634 1. Financially disadvantaged small local governments as
2635 defined in former s. 403.885(5); or
2636 2. Water users for projects determined by a water
2637 management district governing board to be in the public interest
2638 pursuant to paragraph (1)(f), if the projects are not otherwise
2639 financially feasible.
2640
2641 The water management districts or basin boards may, at their
2642 discretion, use ad valorem or federal revenues to assist a
2643 project applicant in meeting the requirements of this paragraph.
2644 Section 24. Paragraph (a) of subsection (2) and paragraphs
2645 (a) and (e) of subsection (6) of section 373.709, Florida
2646 Statutes, are amended to read:
2647 373.709 Regional water supply planning.—
2648 (2) Each regional water supply plan must be based on at
2649 least a 20-year planning period and must include, but need not
2650 be limited to:
2651 (a) A water supply development component for each water
2652 supply planning region identified by the district which
2653 includes:
2654 1. A quantification of the water supply needs for all
2655 existing and future reasonable-beneficial uses within the
2656 planning horizon. The level-of-certainty planning goal
2657 associated with identifying the water supply needs of existing
2658 and future reasonable-beneficial uses must be based upon meeting
2659 those needs for a 1-in-10-year drought event.
2660 a. Population projections used for determining public water
2661 supply needs must be based upon the best available data. In
2662 determining the best available data, the district shall consider
2663 the University of Florida Florida’s Bureau of Economic and
2664 Business Research (BEBR) medium population projections and
2665 population projection data and analysis submitted by a local
2666 government pursuant to the public workshop described in
2667 subsection (1) if the data and analysis support the local
2668 government’s comprehensive plan. Any adjustment of or deviation
2669 from the BEBR projections must be fully described, and the
2670 original BEBR data must be presented along with the adjusted
2671 data.
2672 b. Agricultural demand projections used for determining the
2673 needs of agricultural self-suppliers must be based upon the best
2674 available data. In determining the best available data for
2675 agricultural self-supplied water needs, the district shall
2676 consider the data indicative of future water supply demands
2677 provided by the Department of Agriculture and Consumer Services
2678 pursuant to s. 570.93 and agricultural demand projection data
2679 and analysis submitted by a local government pursuant to the
2680 public workshop described in subsection (1), if the data and
2681 analysis support the local government’s comprehensive plan. Any
2682 adjustment of or deviation from the data provided by the
2683 Department of Agriculture and Consumer Services must be fully
2684 described, and the original data must be presented along with
2685 the adjusted data.
2686 2. A list of water supply development project options,
2687 including traditional and alternative water supply project
2688 options that are technically and financially feasible, from
2689 which local government, government-owned and privately owned
2690 utilities, regional water supply authorities,
2691 multijurisdictional water supply entities, self-suppliers, and
2692 others may choose for water supply development. In addition to
2693 projects listed by the district, such users may propose specific
2694 projects for inclusion in the list of alternative water supply
2695 projects. If such users propose a project to be listed as an
2696 alternative water supply project, the district shall determine
2697 whether it meets the goals of the plan, and, if so, it shall be
2698 included in the list. The total capacity of the projects
2699 included in the plan must exceed the needs identified in
2700 subparagraph 1. and take into account water conservation and
2701 other demand management measures, as well as water resources
2702 constraints, including adopted minimum flows and minimum water
2703 levels and water reservations. Where the district determines it
2704 is appropriate, the plan should specifically identify the need
2705 for multijurisdictional approaches to project options that,
2706 based on planning level analysis, are appropriate to supply the
2707 intended uses and that, based on such analysis, appear to be
2708 permittable and financially and technically feasible. The list
2709 of water supply development options must contain provisions that
2710 recognize that alternative water supply options for agricultural
2711 self-suppliers are limited.
2712 3. For each project option identified in subparagraph 2.,
2713 the following must be provided:
2714 a. An estimate of the amount of water to become available
2715 through the project.
2716 b. The timeframe in which the project option should be
2717 implemented and the estimated planning-level costs for capital
2718 investment and operating and maintaining the project.
2719 c. An analysis of funding needs and sources of possible
2720 funding options. For alternative water supply projects, the
2721 water management districts shall provide funding assistance
2722 pursuant to s. 373.707(8).
2723 d. Identification of the entity that should implement each
2724 project option and the current status of project implementation.
2725 (6) Annually and in conjunction with the reporting
2726 requirements of s. 373.536(6)(a)4., the department shall submit
2727 to the Governor and the Legislature a report on the status of
2728 regional water supply planning in each district. The report
2729 shall include:
2730 (a) A compilation of the estimated costs of and an analysis
2731 of the sufficiency of potential sources of funding from all
2732 sources for water resource development and water supply
2733 development projects as identified in the water management
2734 district regional water supply plans.
2735 (e) An overall assessment of the progress being made to
2736 develop water supply in each district, including, but not
2737 limited to, an explanation of how each project in the 5-year
2738 water resource development work program developed pursuant to s.
2739 373.536(6)(a)4., either alternative or traditional, will
2740 produce, contribute to, or account for additional water being
2741 made available for consumptive uses, minimum flows and minimum
2742 water levels, or water reservations; an estimate of the quantity
2743 of water to be produced by each project;, and an assessment of
2744 the contribution of the district’s regional water supply plan in
2745 providing sufficient water to meet the needs of existing and
2746 future reasonable-beneficial uses for a 1-in-10-year drought
2747 event, as well as the needs of the natural systems.
2748 Section 25. Part VIII of chapter 373, Florida Statutes,
2749 consisting of sections 373.801, 373.802, 373.803, 373.805,
2750 373.807, 373.811, and 373.813, Florida Statutes, is created and
2751 entitled the “Florida Springs and Aquifer Protection Act.”
2752 Section 26. Section 373.801, Florida Statutes, is created
2753 to read:
2754 373.801 Legislative findings and intent.—
2755 (1) The Legislature finds that springs are a unique part of
2756 this state’s scenic beauty. Springs provide critical habitat for
2757 plants and animals, including many endangered or threatened
2758 species. Springs also provide immeasurable natural,
2759 recreational, economic, and inherent value. Springs are of great
2760 scientific importance in understanding the diverse functions of
2761 aquatic ecosystems. Water quality of springs is an indicator of
2762 local conditions of the Floridan Aquifer, which is a source of
2763 drinking water for many residents of this state. Water flows in
2764 springs may reflect regional aquifer conditions. In addition,
2765 springs provide recreational opportunities for swimming,
2766 canoeing, wildlife watching, fishing, cave diving, and many
2767 other activities in this state. These recreational opportunities
2768 and the accompanying tourism they provide are a benefit to local
2769 economies and the economy of the state as a whole.
2770 (2) The Legislature finds that the water quantity and water
2771 quality in springs may be related. For regulatory purposes, the
2772 department has primary responsibility for water quality; the
2773 water management districts have primary responsibility for water
2774 quantity; and the Department of Agriculture and Consumer
2775 Services has primary responsibility for the development and
2776 implementation of agricultural best management practices. Local
2777 governments have primary responsibility for providing wastewater
2778 services and stormwater management. The foregoing responsible
2779 entities must coordinate to restore and maintain the water
2780 quantity and water quality of the Outstanding Florida Springs.
2781 (3) The Legislature recognizes that:
2782 (a) Springs are only as healthy as their springsheds. The
2783 groundwater that supplies springs is derived from water that
2784 recharges the aquifer system in the form of seepage from the
2785 land surface and through direct conduits, such as sinkholes.
2786 Springs may be adversely affected by polluted runoff from urban
2787 and agricultural lands; discharges resulting from inadequate
2788 wastewater and stormwater management practices; stormwater
2789 runoff; and reduced water levels of the Floridan Aquifer. As a
2790 result, the hydrologic and environmental conditions of a spring
2791 or spring run are directly influenced by activities and land
2792 uses within a springshed and by water withdrawals from the
2793 Floridan Aquifer.
2794 (b) Springs, whether found in urban or rural settings, or
2795 on public or private lands, may be threatened by actual or
2796 potential flow reductions and declining water quality. Many of
2797 this state’s springs are demonstrating signs of significant
2798 ecological imbalance, increased nutrient loading, and declining
2799 flow. Without effective remedial action, further declines in
2800 water quality and water quantity may occur.
2801 (c) Springshed boundaries and areas of high vulnerability
2802 within a springshed need to be identified and delineated using
2803 the best available data.
2804 (d) Springsheds typically cross water management district
2805 boundaries and local government jurisdictional boundaries, so a
2806 coordinated statewide springs protection plan is needed.
2807 (e) The aquifers and springs of this state are complex
2808 systems affected by many variables and influences.
2809 (4) The Legislature recognizes that action is urgently
2810 needed and, as additional data is acquired, action must be
2811 modified.
2812 Section 27. Section 373.802, Florida Statutes, is created
2813 to read:
2814 373.802 Definitions.—As used in this part, the term:
2815 (1) “Department” means the Department of Environmental
2816 Protection, which includes the Florida Geological Survey or its
2817 successor agencies.
2818 (2) “Local government” means a county or municipal
2819 government the jurisdictional boundaries of which include an
2820 Outstanding Florida Spring or any part of a springshed or
2821 delineated priority focus area of an Outstanding Florida Spring.
2822 (3) “Onsite sewage treatment and disposal system” means a
2823 system that contains a standard subsurface, filled, or mound
2824 drainfield system; an aerobic treatment unit; a graywater system
2825 tank; a laundry wastewater system tank; a septic tank; a grease
2826 interceptor; a pump tank; a solids or effluent pump; a
2827 waterless, incinerating, or organic waste-composting toilet; or
2828 a sanitary pit privy that is installed or proposed to be
2829 installed beyond the building sewer on land of the owner or on
2830 other land on which the owner has the legal right to install
2831 such system. The term includes any item placed within, or
2832 intended to be used as a part of or in conjunction with, the
2833 system. The term does not include package sewage treatment
2834 facilities and other treatment works regulated under chapter
2835 403.
2836 (4) “Outstanding Florida Spring” includes all historic
2837 first magnitude springs, as determined by the department using
2838 the most recent Florida Geological Survey springs bulletin, and
2839 the following additional springs and associated spring runs:
2840 (a) De Leon Springs;
2841 (b) Peacock Springs;
2842 (c) Poe Springs;
2843 (d) Rock Springs;
2844 (e) Wekiwa Springs; and
2845 (f) Gemini Springs.
2846
2847 The term does not include submarine springs.
2848 (5) “Priority focus area” means the area or areas of a
2849 basin where the Floridan Aquifer is most vulnerable to
2850 groundwater withdrawals or pollutant inputs, where the
2851 groundwater travel times are the fastest, and where there is a
2852 known connectivity between groundwater pathways and an
2853 Outstanding Florida Spring, as determined by the department in
2854 consultation with the appropriate water management districts,
2855 and delineated in a basin management action plan.
2856 (6) “Springshed” means the areas within the groundwater and
2857 surface water basins which contribute, based upon all relevant
2858 facts, circumstances, and data, to the discharge of a spring as
2859 defined by potentiometric surface maps and surface watershed
2860 boundaries.
2861 (7) “Spring run” means a body of flowing water that
2862 originates from a spring or whose primary source of water is a
2863 spring or springs under average rainfall conditions.
2864 (8) “Spring vent” means a location where groundwater flows
2865 out of a natural, discernible opening in the ground onto the
2866 land surface or into a predominantly fresh surface water body.
2867 Section 28. Section 373.803, Florida Statutes, is created
2868 to read:
2869 373.803 Delineation of priority focus areas for Outstanding
2870 Florida Springs.—Using the best data available from the water
2871 management districts and other credible sources, the department,
2872 in coordination with the water management districts, shall
2873 delineate priority focus areas for each Outstanding Florida
2874 Spring or group of springs that contains one or more Outstanding
2875 Florida Springs and is identified as impaired in accordance with
2876 s. 373.807. In delineating priority focus areas, the department
2877 shall consider groundwater travel time to the spring,
2878 hydrogeology, nutrient load, and any other factors that may lead
2879 to degradation of an Outstanding Florida Spring. The delineation
2880 of priority focus areas must be completed by July 1, 2018, and
2881 shall be effective upon incorporation in a basin management
2882 action plan.
2883 Section 29. Section 373.805, Florida Statutes, is created
2884 to read:
2885 373.805 Minimum flows and minimum water levels for
2886 Outstanding Florida Springs.—
2887 (1) At the time a minimum flow or minimum water level is
2888 adopted pursuant to s. 373.042 for an Outstanding Florida
2889 Spring, if the spring is below or is projected within 20 years
2890 to fall below the minimum flow or minimum water level, a water
2891 management district or the department shall concurrently adopt a
2892 recovery or prevention strategy.
2893 (2) When a minimum flow or minimum water level for an
2894 Outstanding Florida Spring is revised pursuant to s.
2895 373.0421(3), if the spring is below or is projected within 20
2896 years to fall below the minimum flow or minimum water level, a
2897 water management district or the department shall concurrently
2898 adopt a recovery or prevention strategy or modify an existing
2899 recovery or prevention strategy. A district or the department
2900 may adopt the revised minimum flow or minimum water level before
2901 the adoption of a recovery or prevention strategy if the revised
2902 minimum flow or minimum water level is less constraining on
2903 existing or projected future consumptive uses.
2904 (3) For an Outstanding Florida Spring without an adopted
2905 recovery or prevention strategy, if a district or the department
2906 determines the spring has fallen below, or is projected within
2907 20 years to fall below, the adopted minimum flow or minimum
2908 water level, a water management district or the department shall
2909 expeditiously adopt a recovery or prevention strategy.
2910 (4) The recovery or prevention strategy for each
2911 Outstanding Florida Spring must, at a minimum, include:
2912 (a) A listing of all specific projects identified for
2913 implementation of the plan;
2914 (b) A priority listing of each project;
2915 (c) For each listed project, the estimated cost of and the
2916 estimated date of completion;
2917 (d) The source and amount of financial assistance to be
2918 made available by the water management district for each listed
2919 project, which may not be less than 25 percent of the total
2920 project cost unless a specific funding source or sources are
2921 identified which will provide more than 75 percent of the total
2922 project cost. The Northwest Florida Water Management District
2923 and the Suwannee River Water Management District are not
2924 required to provide matching funds pursuant to this paragraph;
2925 (e) An estimate of each listed project’s benefit to an
2926 Outstanding Florida Spring; and
2927 (f) An implementation plan designed with a target to
2928 achieve the adopted minimum flow or minimum water level no more
2929 than 20 years after the adoption of a recovery or prevention
2930 strategy. The implementation plan must include a schedule of 5-,
2931 10-, and 15-year measureable milestones intended to achieve the
2932 adopted minimum flow or minimum water level. The schedule is not
2933 a rule but is intended to provide guidance for planning and
2934 funding purposes and is exempt from the provisions of s.
2935 120.54(1)(a).
2936 (5) A local government may apply to the department for an
2937 extension of up to 5 years for any project in an adopted
2938 recovery or prevention strategy. The department may grant the
2939 extension if the local government provides to the department
2940 sufficient evidence that an extension is in the best interest of
2941 the public. For a local government in a rural area of
2942 opportunity, as defined in s. 288.0656, the department may grant
2943 an extension of up to 10 years.
2944 Section 30. Section 373.807, Florida Statutes, is created
2945 to read:
2946 373.807 Protection of water quality in Outstanding Florida
2947 Springs.—By July 1, 2015, the department shall initiate
2948 assessment, pursuant to s. 403.067(3), of each Outstanding
2949 Florida Spring for which an impairment determination has not
2950 been made under the numeric nutrient standards in effect for
2951 spring vents. Assessments must be completed by July 1, 2018.
2952 (1)(a) Concurrently with the adoption of a nutrient total
2953 maximum daily load for an Outstanding Florida Spring, the
2954 department, or the department in conjunction with a water
2955 management district, shall initiate development of a basin
2956 management action plan, as specified in s. 403.067. For an
2957 Outstanding Florida Spring with a nutrient total maximum daily
2958 load adopted before July 1, 2015, the department, or the
2959 department in conjunction with a water management district,
2960 shall initiate development of a basin management action plan by
2961 July 1, 2015. During the development of a basin management
2962 action plan, if the department identifies onsite sewage
2963 treatment and disposal systems as contributors of at least 20
2964 percent of nonpoint source nutrient pollution which need to be
2965 addressed within local government jurisdictions, the basin
2966 management action plan shall include an onsite sewage treatment
2967 and disposal system remediation plan pursuant to subsection (3)
2968 for those systems identified as requiring remediation.
2969 (b) A basin management action plan for an Outstanding
2970 Florida Spring shall be adopted within 2 years after its
2971 initiation and must include, at a minimum:
2972 1. A list of all specific projects and programs identified
2973 to implement a nutrient total maximum daily load;
2974 2. A list of all specific projects identified in any
2975 incorporated onsite sewage treatment and disposal system
2976 remediation plan, if applicable;
2977 3. A priority rank for each listed project;
2978 4. For each listed project, a planning level cost
2979 estimateand the estimated date of completion;
2980 5. The source and amount of financial assistance to be made
2981 available by the department, a water management district, or
2982 other entity for each listed project;
2983 6. An estimate of each listed project’s nutrient load
2984 reduction;
2985 7. Identification of each point source or category of
2986 nonpoint sources, including, but not limited to, urban turf
2987 fertilizer, sports turf fertilizer, agricultural fertilizer,
2988 onsite sewage treatment and disposal systems, wastewater
2989 treatment facilities, animal wastes, and stormwater facilities.
2990 An estimated allocation of the pollutant load must be provided
2991 for each point source or category of nonpoint sources; and
2992 8. An implementation plan designed with a target to achieve
2993 the adopted nutrient total maximum daily load no more than 20
2994 years after the adoption of a basin management action plan. The
2995 plan must include a schedule of 5-, 10-, and 15-year measureable
2996 milestones intended to achieve the adopted nutrient total
2997 maximum daily load. The schedule is not a rule but is intended
2998 to provide guidance for planning and funding purposes and is
2999 exempt from the provisions of s. 120.54(1)(a).
3000 (c) For a basin management action plan adopted before July
3001 1, 2015, which addresses an Outstanding Florida Spring, the
3002 department or the department in conjunction with a water
3003 management district must revise the plan if necessary to comply
3004 with this section to this section by July 1, 2018.
3005 (d) Upon approval of an onsite sewage treatment and
3006 disposal system remediation plan by the department, the plan
3007 shall be deemed incorporated as part of the appropriate basin
3008 management action plan pursuant to s. 403.067(7).
3009 (e) A local government may apply to the department for an
3010 extension of up to 5 years for any project in an adopted basin
3011 management action plan. A local government in a rural area of
3012 opportunity, as defined in s. 288.0656, may apply for an
3013 extension of up to 10 years for such a project. The department
3014 may grant the extension if the local government provides to the
3015 department sufficient evidence that an extension is in the best
3016 interest of the public.
3017 (2) Within 12 months after the adoption of a basin
3018 management action plan containing a priority focus area or areas
3019 of an Outstanding Florida Spring that is fully or partially
3020 within the jurisdiction of a local government, the local
3021 government must develop, enact, and implement an ordinance that
3022 meets or exceeds the requirements of the department’s Model
3023 Ordinance for Florida-Friendly Fertilizer Use on Urban
3024 Landscapes. The department shall revise the model ordinance to
3025 require that, within a priority focus area of an Outstanding
3026 Florida Spring with an adopted nutrient total maximum daily
3027 load, the nitrogen application rate of any fertilizer applied to
3028 turf or landscape plants may not exceed the lowest basic
3029 maintenance rate of the most recent recommendations by the
3030 Institute of Food and Agricultural Sciences.
3031 (3) As part of a basin management action plan that includes
3032 an Outstanding Florida Spring, the department, in consultation
3033 with the Department of Health, relevant local governments, and
3034 relevant local public and private wastewater utilities, shall
3035 develop an onsite sewage treatment and disposal system
3036 remediation plan for a spring for which the department
3037 determines onsite sewage treatment and disposal systems within a
3038 priority focus area contribute at least 20 percent of nonpoint
3039 source nutrient pollution. This plan shall be completed and
3040 adopted as part of the basin management action plan no later
3041 than the first 5-year milestone required by s. 373.807(2)(b)8.
3042 In preparing this plan, the department shall:
3043 (a) Collect and evaluate credible scientific information on
3044 the effect of nutrients, particularly forms of nitrogen, on
3045 springs and springs systems;
3046 (b) Develop and implement a public education plan to
3047 provide area residents with reliable, understandable information
3048 about onsite sewage treatment and disposal systems and springs;
3049 and
3050 (c) Develop projects necessary to reduce the nutrient
3051 impacts from onsite sewage treatment and disposal systems.
3052
3053 The plan shall include options for repair, upgrade, replacement,
3054 drainfield modification, addition of effective nitrogen reducing
3055 features, connection to a central sewerage system or other
3056 action for systems or groups of systems within a priority focus
3057 area which contribute at least 20 percent of nonpoint source
3058 nutrient pollution. The department shall include in the plan a
3059 priority ranking for each system or group of systems that
3060 require remediation and shall award funds to implement the
3061 remediation projects identified in the basin management action
3062 plan contingent on specific appropriation in the General
3063 Appropriations Act, which may include all or part of the costs
3064 necessary to match local funding for repair, upgrade,
3065 replacement, drainfield modification, initial connection to a
3066 central sewerage system, or other action. In awarding funds, the
3067 department may consider expected nutrient reduction benefit per
3068 unit cost, size and scope of project, relative local financial
3069 contribution to the project, financial impact on property owners
3070 and the community. The department may waive matching funding
3071 requirements for proposed projects within an area designated as
3072 a rural area of opportunity under s. 288.0656.
3073 (4) The department shall provide notice to a local
3074 government of all permit applicants under s. 403.814(12) in a
3075 priority focus area of an Outstanding Florida Spring over which
3076 the local government has full or partial jurisdiction.
3077 Section 31. Section 373.811, Florida Statutes, is created
3078 to read:
3079 373.811 Prohibited activities within a priority focus
3080 area.—The following activities are prohibited within a priority
3081 focus area in effect for an Outstanding Florida Spring:
3082 (1) New domestic wastewater disposal facilities, including
3083 rapid infiltration basins, with permitted capacities of 100,000
3084 gallons per day or more, except for those facilities that meet
3085 an advanced wastewater treatment standard of no more than 3 mg/l
3086 total nitrogen, expressed as N, on an annual permitted basis, or
3087 a more stringent treatment standard if the department determines
3088 the more stringent standard is necessary to attain a total
3089 maximum daily load for the Outstanding Florida Spring.
3090 (2) New onsite sewage treatment and disposal systems on
3091 lots of less than 1 acre, if the addition of the specific
3092 systems conflicts with an onsite treatment and disposal system
3093 remediation plan incorporated into a basin management action
3094 plan in accordance with s. 373.807(3).
3095 (3) New facilities for the disposal of hazardous waste.
3096 (4) The land application of Class A or Class B domestic
3097 wastewater biosolids not in accordance with a department
3098 approved nutrient management plan establishing the rate at which
3099 all biosolids, soil amendments, and sources of nutrients at the
3100 land application site can be applied to the land for crop
3101 production while minimizing the amount of pollutants and
3102 nutrients discharged to groundwater or waters of the state.
3103 (5) New agriculture operations that do not implement best
3104 management practices, measures necessary to achieve pollution
3105 reduction levels established by the department, or groundwater
3106 monitoring plans approved by a water management district or the
3107 department.
3108 Section 32. Section 373.813, Florida Statutes, is created
3109 to read:
3110 373.813 Rules.—
3111 (1) The department shall adopt rules to improve water
3112 quantity and water quality to administer this part, as
3113 applicable.
3114 (2)(a) The Department of Agriculture and Consumer Services
3115 is the lead agency coordinating the reduction of agricultural
3116 nonpoint sources of pollution for the protection of Outstanding
3117 Florida Springs. The Department of Agriculture and Consumer
3118 Services and the department, pursuant to s. 403.067(7)(c)4.,
3119 shall study new or revised agricultural best management
3120 practices for improving and protecting Outstanding Florida
3121 Springs and, if necessary, in cooperation with applicable local
3122 governments and stakeholders, initiate rulemaking to require the
3123 implementation of such practices within a reasonable period.
3124 (b) The department, the Department of Agriculture and
3125 Consumer Services, and the University of Florida Institute of
3126 Food and Agricultural Sciences shall cooperate in conducting the
3127 necessary research and demonstration projects to develop
3128 improved or additional nutrient management tools, including the
3129 use of controlled release fertilizer that can be used by
3130 agricultural producers as part of an agricultural best
3131 management practices program. The development of such tools must
3132 reflect a balance between water quality improvement and
3133 agricultural productivity and, if applicable, must be
3134 incorporated into the revised agricultural best management
3135 practices adopted by rule by the Department of Agriculture and
3136 Consumer Services.
3137 Section 33. Subsections (25) and (29) of section 403.061,
3138 Florida Statutes, are amended, and subsection (45) is added to
3139 that section, to read:
3140 403.061 Department; powers and duties.—The department shall
3141 have the power and the duty to control and prohibit pollution of
3142 air and water in accordance with the law and rules adopted and
3143 promulgated by it and, for this purpose, to:
3144 (25)(a) Establish and administer a program for the
3145 restoration and preservation of bodies of water within the
3146 state. The department shall have the power to acquire lands, to
3147 cooperate with other applicable state or local agencies to
3148 enhance existing public access to such bodies of water, and to
3149 adopt all rules necessary to accomplish this purpose.
3150 (b) Create a consolidated water resources work plan, in
3151 consultation with state agencies, water management districts,
3152 regional water supply authorities, and local governments, which
3153 provides a geographic depiction of the total inventory of water
3154 resources projects and regionally significant water supply
3155 projects currently under construction, completed in the previous
3156 5 years, or planned to begin construction in the next 5 years.
3157 The consolidated work plan must include for each project a
3158 description of the project, the total cost of the project, and
3159 identification of the governmental entity financing the project.
3160 This information together with the information provided pursuant
3161 to paragraph (45)(a) is intended to facilitate the ability of
3162 the Florida Water Resources Advisory Council, the Legislature,
3163 and the public to consider the projects contained in the
3164 tentative water resources work program developed pursuant to s.
3165 403.0616 in relation to all projects undertaken within a 10-year
3166 period and the existing condition of water resources in the
3167 project area and in the state as a whole. The department may
3168 adopt rules to accomplish this purpose.
3169 (29)(a) Adopt by rule special criteria to protect Class II
3170 and Class III shellfish harvesting waters. Such rules may
3171 include special criteria for approving docking facilities that
3172 have 10 or fewer slips if the construction and operation of such
3173 facilities will not result in the closure of shellfish waters.
3174 (b) Adopt by rule a specific surface water classification
3175 to protect surface waters used for treated potable water supply.
3176 These designated surface waters shall have the same water
3177 quality criteria protections as waters designated for fish
3178 consumption, recreation, and the propagation and maintenance of
3179 a healthy, well-balanced population of fish and wildlife, and
3180 shall be free from discharged substances at a concentration
3181 that, alone or in combination with other discharged substances,
3182 would require significant alteration of permitted treatment
3183 processes at the permitted treatment facility or that would
3184 otherwise prevent compliance with applicable state drinking
3185 water standards in the treated water. Notwithstanding this
3186 classification or the inclusion of treated water supply as a
3187 designated use of a surface water, a surface water used for
3188 treated potable water supply may be reclassified to the potable
3189 water supply classification.
3190 (45)(a) Create and maintain a web-based, interactive map
3191 that includes, at a minimum:
3192 1. All watersheds and each water body within those
3193 watersheds;
3194 2. The county or counties in which the watershed or water
3195 body is located;
3196 3. The water management district or districts in which the
3197 watershed or water body is located;
3198 4. Whether a minimum flow or minimum water level has been
3199 adopted for the water body, and if such minimum flow or minimum
3200 water level has not been adopted, the anticipated adoption date;
3201 5. Whether a recovery or prevention strategy has been
3202 adopted for the watershed or water body and, if such a plan has
3203 not been adopted, the anticipated adoption date;
3204 6. The impairment status of each watershed or water body;
3205 7. Whether a total maximum daily load has been adopted if
3206 the watershed or water body is listed as impaired and, if such
3207 total maximum daily load has not been adopted, the anticipated
3208 adoption date;
3209 8. Whether a basin management action plan has been adopted
3210 for the watershed and, if such a plan has not been adopted, the
3211 anticipated adoption date;
3212 9. Each project listed on the 5-year water resources work
3213 program developed pursuant to s. 373.036(7);
3214 10. The agency or agencies and local sponsor, if any,
3215 responsible for overseeing the project;
3216 11. The estimated cost and completion date of each project
3217 and the financial contribution of each entity;
3218 12. The quantitative estimated benefit to the watershed or
3219 water body; and
3220 13. The water projects completed within the last 5 years
3221 within the watershed or water body.
3222 (b) The department and each water management district shall
3223 prominently display on their respective websites a hyperlink to
3224 the interactive map required by this subsection.
3225
3226 The department shall implement such programs in conjunction with
3227 its other powers and duties and shall place special emphasis on
3228 reducing and eliminating contamination that presents a threat to
3229 humans, animals or plants, or to the environment.
3230 Section 34. Section 403.0616, Florida Statutes, is created
3231 to read:
3232 403.0616 Florida Water Resources Advisory Council.—
3233 (1) The Florida Water Resources Advisory Council is hereby
3234 created within the department for the purpose of evaluating
3235 water resource projects prioritized and submitted by state
3236 agencies, water management districts, regional water supply
3237 authorities, or local governments. The council shall evaluate
3238 and recommend projects that are eligible for state funding as
3239 priority projects of statewide, regional, or critical local
3240 importance under this chapter or chapter 373. The council must
3241 review and evaluate all water resource projects that are
3242 prioritized and reported by state agencies or water management
3243 districts pursuant to s. 373.036(7)(b)8.c., or by local
3244 governments, or regional supply projects, if applicable, in
3245 order to provide the Legislature with recommendations for
3246 projects that improve or restore the water resources of this
3247 state. The council is also responsible for submitting a
3248 prioritization of pilot projects that test the effectiveness of
3249 innovative or existing nutrient reduction or water conservation
3250 technologies or practices designed to minimize nutrient
3251 pollution or restore flows in the water bodies of the state as
3252 provided in s. 403.0617.
3253 (2) The Florida Water Resources Advisory Council consists
3254 of five voting members and five ex officio, nonvoting members as
3255 follows:
3256 (a) The Secretary of Environmental Protection, who shall
3257 serve as chair of the council; the Commissioner of Agriculture;
3258 the executive director of the Fish and Wildlife Conservation
3259 Commission; one member with expertise in a scientific discipline
3260 related to water resources, appointed by the President of the
3261 Senate; and one member with expertise in a scientific discipline
3262 related to water resources, appointed by the Speaker of the
3263 House of Representatives, all of whom shall be voting members.
3264 (b) The executive directors of each of the five water
3265 management districts, all of whom shall be nonvoting members.
3266 (3) Members appointed by the President of the Senate and
3267 Speaker of the House of Representatives shall serve 2-year terms
3268 but may not serve more than a total of 6 years. The President of
3269 the Senate and the Speaker of the House of Representatives may
3270 fill a vacancy at any time for an unexpired term of an appointed
3271 member.
3272 (4) If a member of the council is disqualified from serving
3273 because he or she no longer holds the position required to serve
3274 under this section, the interim head of the agency shall serve
3275 as the agency representative.
3276 (5) The two appointed council members shall receive
3277 reimbursement for expenses and per diem for travel to attend
3278 council meetings authorized pursuant to s. 112.061 while in the
3279 performance of their duties.
3280 (6) The council shall hold periodic meetings at the request
3281 of the chair but must hold at least two public meetings,
3282 separately noticed, each year in which the public has the
3283 opportunity to participate and comment. Unless otherwise
3284 provided by law, notice for each meeting must be published in a
3285 newspaper of general circulation in the area where the meeting
3286 is to be held at least 5 days but no more than 15 days before
3287 the meeting date.
3288 (a) By July 15 of each year, the council shall release a
3289 tentative water resources work program containing legislative
3290 recommendations for water resource projects. The public has 30
3291 days to submit comments regarding the tentative program.
3292 (b) The council shall adopt the tentative work program
3293 containing its legislative recommendations and submit it to the
3294 Governor, the President of the Senate, and the Speaker of the
3295 House of Representatives by August 31 of each year. An
3296 affirmative vote of three members of the council is required to
3297 adopt the tentative work program.
3298 (7) The department shall provide primary staff support to
3299 the council and shall ensure that council meetings are
3300 electronically recorded. Such recordings must be preserved
3301 pursuant to chapters 119 and 257.
3302 (8) The council shall recommend rules for adoption by the
3303 department to competitively evaluate, select, and rank projects
3304 for the tentative water resources work program. The council
3305 shall develop specific criteria for the evaluation, selection,
3306 and ranking of projects, including a preference for projects
3307 that will have a significant, measurable impact on improving
3308 water quantity or water quality; projects in areas of greatest
3309 impairment; projects of state or regional significance; projects
3310 recommended by multiple districts or multiple local governments
3311 cooperatively; projects with a significant monetary commitment
3312 by the local project sponsor or sponsors; projects in rural
3313 areas of opportunity as defined in s. 288.0656; projects that
3314 may be funded through appropriate loan programs; and projects
3315 that have significant private contributions of time or money.
3316 (9) The department, in consultation with the Department of
3317 Agriculture and Consumer Services, the Fish and Wildlife
3318 Conservation Commission, and the water management districts,
3319 shall adopt rules to implement this section.
3320 Section 35. Section 403.0617, Florida Statutes, is created
3321 to read:
3322 403.0617 Innovative nutrient and sediment reduction and
3323 conservation pilot project program.—
3324 (1) By December 31, 2015, the department shall adopt rules
3325 to competitively evaluate and rank projects for selection and
3326 prioritization by the Water Resources Advisory Council, pursuant
3327 to s. 403.0616, for submission to the Legislature for funding.
3328 These pilot projects are intended to test the effectiveness of
3329 innovative or existing nutrient reduction or water conservation
3330 technologies, programs or practices designed to minimize
3331 nutrient pollution or restore flows in the water bodies of the
3332 state. The department must include in the evaluation criteria a
3333 determination by the department that the pilot project will not
3334 be harmful to the ecological resources in the study area.
3335 (2) In developing these rules, the department shall give
3336 preference to the projects that will result in the greatest
3337 improvement to water quality and water quantity for the dollars
3338 to be expended for the project. At a minimum, the department
3339 shall consider all of the following:
3340 (a) The level of nutrient impairment of the waterbody,
3341 watershed, or water segment in which the project is located.
3342 (b) The quantity of pollutants, particularly total
3343 nitrogen, which the project is estimated to remove from a water
3344 body, watershed, or water segment with an adopted nutrient total
3345 maximum daily load.
3346 (c) The potential for the project to provide a cost-
3347 effective solution to pollution caused by onsite sewage
3348 treatment and disposal systems.
3349 (d) The flow necessary to restore a water resource to its
3350 adopted minimum flow or minimum water level.
3351 (e) The anticipated impact the project will have on
3352 restoring or increasing flow or water level.
3353 (f) The amount of matching funds for the project which will
3354 be provided by the entities responsible for implementing the
3355 project.
3356 (g) Whether the project is located in a rural area of
3357 opportunity, as defined in s. 288.0656, with preference given to
3358 the local government responsible for implementing the project.
3359 (h) For multiple-year projects, whether the project has
3360 funding sources that are identified and assured through the
3361 expected completion date of the project.
3362 (i) The cost of the project and the length of time it will
3363 take to complete relative to its expected benefits.
3364 (j) Whether the entities responsible for implementing the
3365 project have used their own funds for projects to improve water
3366 quality or conserve water use with preference given to those
3367 entities that have expended such funds.
3368 Section 36. Section 403.0623, Florida Statutes, is amended
3369 to read:
3370 403.0623 Environmental data; quality assurance.—
3371 (1) The department must establish, by rule, appropriate
3372 quality assurance requirements for environmental data submitted
3373 to the department and the criteria by which environmental data
3374 may be rejected by the department. The department may adopt and
3375 enforce rules to establish data quality objectives and specify
3376 requirements for training of laboratory and field staff, sample
3377 collection methodology, proficiency testing, and audits of
3378 laboratory and field sampling activities. Such rules may be in
3379 addition to any laboratory certification provisions under ss.
3380 403.0625 and 403.863.
3381 (2)(a) The department, in coordination with the water
3382 management districts and regional water supply authorities,
3383 shall establish standards for the collection of water quantity,
3384 water quality, and related data to ensure quality, reliability,
3385 and validity of the data and testing results. The water
3386 management districts shall submit such data collected after June
3387 30, 2015, to the department for analysis. The department shall
3388 analyze the data to ensure statewide consistency. The department
3389 shall maintain a centralized database for all testing results
3390 and analyses, which must be accessible by the water management
3391 districts.
3392 (b) To the extent practicable, the department shall
3393 coordinate with federal agencies to ensure that its collection
3394 and analysis of water quality, water quantity, and related data,
3395 which may be used by any state agency, water management
3396 district, or local government, is consistent with this
3397 subsection.
3398 (c) In order to receive state funds for the acquisition of
3399 lands or the financing of a water resource project, state
3400 agencies and water management districts must use the
3401 department’s testing results and analysis, if available, as a
3402 prerequisite for any such request for funding.
3403 (d) The department and the water management districts may
3404 adopt rules to implement this subsection.
3405 Section 37. Subsection (7) of section 403.067, Florida
3406 Statutes, is amended to read:
3407 403.067 Establishment and implementation of total maximum
3408 daily loads.—
3409 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
3410 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
3411 (a) Basin management action plans.—
3412 1. In developing and implementing the total maximum daily
3413 load for a water body, the department, or the department in
3414 conjunction with a water management district, may develop a
3415 basin management action plan that addresses some or all of the
3416 watersheds and basins tributary to the water body. Such plan
3417 must integrate the appropriate management strategies available
3418 to the state through existing water quality protection programs
3419 to achieve the total maximum daily loads and may provide for
3420 phased implementation of these management strategies to promote
3421 timely, cost-effective actions as provided for in s. 403.151.
3422 The plan must establish a schedule implementing the management
3423 strategies, establish a basis for evaluating the plan’s
3424 effectiveness, and identify feasible funding strategies for
3425 implementing the plan’s management strategies. The management
3426 strategies may include regional treatment systems or other
3427 public works, where appropriate, and voluntary trading of water
3428 quality credits to achieve the needed pollutant load reductions.
3429 2. A basin management action plan must equitably allocate,
3430 pursuant to paragraph (6)(b), pollutant reductions to individual
3431 basins, as a whole to all basins, or to each identified point
3432 source or category of nonpoint sources, as appropriate. For
3433 nonpoint sources for which best management practices have been
3434 adopted, the initial requirement specified by the plan must be
3435 those practices developed pursuant to paragraph (c). Where
3436 appropriate, the plan may take into account the benefits of
3437 pollutant load reduction achieved by point or nonpoint sources
3438 that have implemented management strategies to reduce pollutant
3439 loads, including best management practices, before the
3440 development of the basin management action plan. The plan must
3441 also identify the mechanisms that will address potential future
3442 increases in pollutant loading.
3443 3. The basin management action planning process is intended
3444 to involve the broadest possible range of interested parties,
3445 with the objective of encouraging the greatest amount of
3446 cooperation and consensus possible. In developing a basin
3447 management action plan, the department shall assure that key
3448 stakeholders, including, but not limited to, applicable local
3449 governments, water management districts, the Department of
3450 Agriculture and Consumer Services, other appropriate state
3451 agencies, local soil and water conservation districts,
3452 environmental groups, regulated interests, and affected
3453 pollution sources, are invited to participate in the process.
3454 The department shall hold at least one public meeting in the
3455 vicinity of the watershed or basin to discuss and receive
3456 comments during the planning process and shall otherwise
3457 encourage public participation to the greatest practicable
3458 extent. Notice of the public meeting must be published in a
3459 newspaper of general circulation in each county in which the
3460 watershed or basin lies not less than 5 days nor more than 15
3461 days before the public meeting. A basin management action plan
3462 does not supplant or otherwise alter any assessment made under
3463 subsection (3) or subsection (4) or any calculation or initial
3464 allocation.
3465 4. Each new or revised basin management action plan shall
3466 include:
3467 a. The appropriate management strategies available through
3468 existing water quality protection programs to achieve total
3469 maximum daily loads, which may provide for phased implementation
3470 to promote timely, cost-effective actions as provided for in s.
3471 403.151;
3472 b. A description of best management practices adopted by
3473 rule;
3474 c. A list of projects in priority ranking with a planning
3475 level cost estimate and estimated date of completion for each
3476 listed project;
3477 d. The source and amount of financial assistance to be made
3478 available by the department, a water management district, or
3479 other entity for each listed project, if applicable; and
3480 e. A planning-level estimate of each listed project’s
3481 expected load reduction, if applicable.
3482 5.4. The department shall adopt all or any part of a basin
3483 management action plan and any amendment to such plan by
3484 secretarial order pursuant to chapter 120 to implement the
3485 provisions of this section.
3486 6.5. The basin management action plan must include
3487 milestones for implementation and water quality improvement, and
3488 an associated water quality monitoring component sufficient to
3489 evaluate whether reasonable progress in pollutant load
3490 reductions is being achieved over time. An assessment of
3491 progress toward these milestones shall be conducted every 5
3492 years, and revisions to the plan shall be made as appropriate.
3493 Revisions to the basin management action plan shall be made by
3494 the department in cooperation with basin stakeholders. Revisions
3495 to the management strategies required for nonpoint sources must
3496 follow the procedures set forth in subparagraph (c)4. Revised
3497 basin management action plans must be adopted pursuant to
3498 subparagraph 4.
3499 7.6. In accordance with procedures adopted by rule under
3500 paragraph (9)(c), basin management action plans, and other
3501 pollution control programs under local, state, or federal
3502 authority as provided in subsection (4), may allow point or
3503 nonpoint sources that will achieve greater pollutant reductions
3504 than required by an adopted total maximum load or wasteload
3505 allocation to generate, register, and trade water quality
3506 credits for the excess reductions to enable other sources to
3507 achieve their allocation; however, the generation of water
3508 quality credits does not remove the obligation of a source or
3509 activity to meet applicable technology requirements or adopted
3510 best management practices. Such plans must allow trading between
3511 NPDES permittees, and trading that may or may not involve NPDES
3512 permittees, where the generation or use of the credits involve
3513 an entity or activity not subject to department water discharge
3514 permits whose owner voluntarily elects to obtain department
3515 authorization for the generation and sale of credits.
3516 8.7. The provisions of the department’s rule relating to
3517 the equitable abatement of pollutants into surface waters do not
3518 apply to water bodies or water body segments for which a basin
3519 management plan that takes into account future new or expanded
3520 activities or discharges has been adopted under this section.
3521 (b) Total maximum daily load implementation.—
3522 1. The department shall be the lead agency in coordinating
3523 the implementation of the total maximum daily loads through
3524 existing water quality protection programs. Application of a
3525 total maximum daily load by a water management district must be
3526 consistent with this section and does not require the issuance
3527 of an order or a separate action pursuant to s. 120.536(1) or s.
3528 120.54 for the adoption of the calculation and allocation
3529 previously established by the department. Such programs may
3530 include, but are not limited to:
3531 a. Permitting and other existing regulatory programs,
3532 including water-quality-based effluent limitations;
3533 b. Nonregulatory and incentive-based programs, including
3534 best management practices, cost sharing, waste minimization,
3535 pollution prevention, agreements established pursuant to s.
3536 403.061(21), and public education;
3537 c. Other water quality management and restoration
3538 activities, for example surface water improvement and management
3539 plans approved by water management districts or basin management
3540 action plans developed pursuant to this subsection;
3541 d. Trading of water quality credits or other equitable
3542 economically based agreements;
3543 e. Public works including capital facilities; or
3544 f. Land acquisition.
3545 2. For a basin management action plan adopted pursuant to
3546 paragraph (a), any management strategies and pollutant reduction
3547 requirements associated with a pollutant of concern for which a
3548 total maximum daily load has been developed, including effluent
3549 limits set forth for a discharger subject to NPDES permitting,
3550 if any, must be included in a timely manner in subsequent NPDES
3551 permits or permit modifications for that discharger. The
3552 department may not impose limits or conditions implementing an
3553 adopted total maximum daily load in an NPDES permit until the
3554 permit expires, the discharge is modified, or the permit is
3555 reopened pursuant to an adopted basin management action plan.
3556 a. Absent a detailed allocation, total maximum daily loads
3557 must be implemented through NPDES permit conditions that provide
3558 for a compliance schedule. In such instances, a facility’s NPDES
3559 permit must allow time for the issuance of an order adopting the
3560 basin management action plan. The time allowed for the issuance
3561 of an order adopting the plan may not exceed 5 years. Upon
3562 issuance of an order adopting the plan, the permit must be
3563 reopened or renewed, as necessary, and permit conditions
3564 consistent with the plan must be established. Notwithstanding
3565 the other provisions of this subparagraph, upon request by an
3566 NPDES permittee, the department as part of a permit issuance,
3567 renewal, or modification may establish individual allocations
3568 before the adoption of a basin management action plan.
3569 b. For holders of NPDES municipal separate storm sewer
3570 system permits and other stormwater sources, implementation of a
3571 total maximum daily load or basin management action plan must be
3572 achieved, to the maximum extent practicable, through the use of
3573 best management practices or other management measures.
3574 c. The basin management action plan does not relieve the
3575 discharger from any requirement to obtain, renew, or modify an
3576 NPDES permit or to abide by other requirements of the permit.
3577 d. Management strategies set forth in a basin management
3578 action plan to be implemented by a discharger subject to
3579 permitting by the department must be completed pursuant to the
3580 schedule set forth in the basin management action plan. This
3581 implementation schedule may extend beyond the 5-year term of an
3582 NPDES permit.
3583 e. Management strategies and pollution reduction
3584 requirements set forth in a basin management action plan for a
3585 specific pollutant of concern are not subject to challenge under
3586 chapter 120 at the time they are incorporated, in an identical
3587 form, into a subsequent NPDES permit or permit modification.
3588 f. For nonagricultural pollutant sources not subject to
3589 NPDES permitting but permitted pursuant to other state,
3590 regional, or local water quality programs, the pollutant
3591 reduction actions adopted in a basin management action plan must
3592 be implemented to the maximum extent practicable as part of
3593 those permitting programs.
3594 g. A nonpoint source discharger included in a basin
3595 management action plan must demonstrate compliance with the
3596 pollutant reductions established under subsection (6) by
3597 implementing the appropriate best management practices
3598 established pursuant to paragraph (c) or conducting water
3599 quality monitoring prescribed by the department or a water
3600 management district. A nonpoint source discharger may, in
3601 accordance with department rules, supplement the implementation
3602 of best management practices with water quality credit trades in
3603 order to demonstrate compliance with the pollutant reductions
3604 established under subsection (6).
3605 h. A nonpoint source discharger included in a basin
3606 management action plan may be subject to enforcement action by
3607 the department or a water management district based upon a
3608 failure to implement the responsibilities set forth in sub
3609 subparagraph g.
3610 i. A landowner, discharger, or other responsible person who
3611 is implementing applicable management strategies specified in an
3612 adopted basin management action plan may not be required by
3613 permit, enforcement action, or otherwise to implement additional
3614 management strategies, including water quality credit trading,
3615 to reduce pollutant loads to attain the pollutant reductions
3616 established pursuant to subsection (6) and shall be deemed to be
3617 in compliance with this section. This subparagraph does not
3618 limit the authority of the department to amend a basin
3619 management action plan as specified in subparagraph (a)6. (a)5.
3620 (c) Best management practices.—
3621 1. The department, in cooperation with the water management
3622 districts and other interested parties, as appropriate, may
3623 develop suitable interim measures, best management practices, or
3624 other measures necessary to achieve the level of pollution
3625 reduction established by the department for nonagricultural
3626 nonpoint pollutant sources in allocations developed pursuant to
3627 subsection (6) and this subsection. These practices and measures
3628 may be adopted by rule by the department and the water
3629 management districts and, where adopted by rule, shall be
3630 implemented by those parties responsible for nonagricultural
3631 nonpoint source pollution.
3632 2. The Department of Agriculture and Consumer Services may
3633 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
3634 suitable interim measures, best management practices, or other
3635 measures necessary to achieve the level of pollution reduction
3636 established by the department for agricultural pollutant sources
3637 in allocations developed pursuant to subsection (6) and this
3638 subsection or for programs implemented pursuant to paragraph
3639 (12)(b) (13)(b). These practices and measures may be implemented
3640 by those parties responsible for agricultural pollutant sources
3641 and the department, the water management districts, and the
3642 Department of Agriculture and Consumer Services shall assist
3643 with implementation. In the process of developing and adopting
3644 rules for interim measures, best management practices, or other
3645 measures, the Department of Agriculture and Consumer Services
3646 shall consult with the department, the Department of Health, the
3647 water management districts, representatives from affected
3648 farming groups, and environmental group representatives. Such
3649 rules must also incorporate provisions for a notice of intent to
3650 implement the practices and a system to assure the
3651 implementation of the practices, including site inspection and
3652 recordkeeping requirements.
3653 3. Where interim measures, best management practices, or
3654 other measures are adopted by rule, the effectiveness of such
3655 practices in achieving the levels of pollution reduction
3656 established in allocations developed by the department pursuant
3657 to subsection (6) and this subsection or in programs implemented
3658 pursuant to paragraph (12)(b) (13)(b) must be verified at
3659 representative sites by the department. The department shall use
3660 best professional judgment in making the initial verification
3661 that the best management practices are reasonably expected to be
3662 effective and, where applicable, must notify the appropriate
3663 water management district or the Department of Agriculture and
3664 Consumer Services of its initial verification before the
3665 adoption of a rule proposed pursuant to this paragraph.
3666 Implementation, in accordance with rules adopted under this
3667 paragraph, of practices that have been initially verified to be
3668 effective, or verified to be effective by monitoring at
3669 representative sites, by the department, shall provide a
3670 presumption of compliance with state water quality standards and
3671 release from the provisions of s. 376.307(5) for those
3672 pollutants addressed by the practices, and the department is not
3673 authorized to institute proceedings against the owner of the
3674 source of pollution to recover costs or damages associated with
3675 the contamination of surface water or groundwater caused by
3676 those pollutants. Research projects funded by the department, a
3677 water management district, or the Department of Agriculture and
3678 Consumer Services to develop or demonstrate interim measures or
3679 best management practices shall be granted a presumption of
3680 compliance with state water quality standards and a release from
3681 the provisions of s. 376.307(5). The presumption of compliance
3682 and release is limited to the research site and only for those
3683 pollutants addressed by the interim measures or best management
3684 practices. Eligibility for the presumption of compliance and
3685 release is limited to research projects on sites where the owner
3686 or operator of the research site and the department, a water
3687 management district, or the Department of Agriculture and
3688 Consumer Services have entered into a contract or other
3689 agreement that, at a minimum, specifies the research objectives,
3690 the cost-share responsibilities of the parties, and a schedule
3691 that details the beginning and ending dates of the project.
3692 4. Where water quality problems are demonstrated, despite
3693 the appropriate implementation, operation, and maintenance of
3694 best management practices and other measures required by rules
3695 adopted under this paragraph, the department, a water management
3696 district, or the Department of Agriculture and Consumer
3697 Services, in consultation with the department, shall institute a
3698 reevaluation of the best management practice or other measure.
3699 Should the reevaluation determine that the best management
3700 practice or other measure requires modification, the department,
3701 a water management district, or the Department of Agriculture
3702 and Consumer Services, as appropriate, shall revise the rule to
3703 require implementation of the modified practice within a
3704 reasonable time period as specified in the rule.
3705 5. Agricultural records relating to processes or methods of
3706 production, costs of production, profits, or other financial
3707 information held by the Department of Agriculture and Consumer
3708 Services pursuant to subparagraphs 3. and 4. or pursuant to any
3709 rule adopted pursuant to subparagraph 2. are confidential and
3710 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
3711 Constitution. Upon request, records made confidential and exempt
3712 pursuant to this subparagraph shall be released to the
3713 department or any water management district provided that the
3714 confidentiality specified by this subparagraph for such records
3715 is maintained.
3716 6. The provisions of subparagraphs 1. and 2. do not
3717 preclude the department or water management district from
3718 requiring compliance with water quality standards or with
3719 current best management practice requirements set forth in any
3720 applicable regulatory program authorized by law for the purpose
3721 of protecting water quality. Additionally, subparagraphs 1. and
3722 2. are applicable only to the extent that they do not conflict
3723 with any rules adopted by the department that are necessary to
3724 maintain a federally delegated or approved program.
3725 (d) Enforcement and verification of basin management action
3726 plans and management strategies.—
3727 1. Basin management action plans are enforceable pursuant
3728 to this section and ss. 403.121, 403.141, and 403.161.
3729 Management strategies, including best management practices and
3730 water quality monitoring, are enforceable under this chapter.
3731 2. No later than January 1, 2016:
3732 a. The department, in consultation with the water
3733 management districts and the Department of Agriculture and
3734 Consumer Services, shall initiate rulemaking to adopt procedures
3735 to verify implementation of water quality monitoring required in
3736 lieu of implementation of best management practices or other
3737 measures pursuant to s. 403.067(7)(b)2.g.;
3738 b. The department, in consultation with the water
3739 management districts and the Department of Agriculture and
3740 Consumer Services, shall initiate rulemaking to adopt procedures
3741 to verify implementation of nonagricultural interim measures,
3742 best management practices, or other measures adopted by rule
3743 pursuant to s. 403.067(7)(c)1.; and
3744 c. The Department of Agriculture and Consumer Services, in
3745 consultation with the water management districts and the
3746 department, shall initiate rulemaking to adopt procedures to
3747 verify implementation of agricultural interim measures, best
3748 management practices, or other measures adopted by rule pursuant
3749 to s. 403.067(7)(c)2.
3750
3751 The above rules shall include enforcement procedures applicable
3752 to the landowner, discharger, or other responsible person
3753 required to implement applicable management strategies,
3754 including best management practices, or water quality monitoring
3755 as a result of noncompliance.
3756 Section 38. Section 403.0675, Florida Statutes, is created
3757 to read:
3758 403.0675 Progress reports.—
3759 (1) On or before July 1, beginning July 1, 2017:
3760 (a) The department, in conjunction with the water
3761 management districts, shall submit progress reports to the
3762 Governor, the President of the Senate, and the Speaker of the
3763 House of Representatives on the status of each total maximum
3764 daily load, basin management action plan, minimum flow or
3765 minimum water level, and recovery or prevention strategy adopted
3766 pursuant to s. 403.067 or parts I and VIII of chapter 373. The
3767 report must include the status of each project identified to
3768 achieve an adopted total maximum daily load or an adopted or
3769 minimum flow or minimum water level, as applicable. If a report
3770 indicates that any of the 5-, 10-, or 15-year milestones, or the
3771 20-year target date, if applicable, for achieving a total
3772 maximum daily load or a minimum flow or minimum water level will
3773 not be met, the report must include an explanation of the
3774 possible causes and potential solutions. If applicable, the
3775 report shall include project descriptions, estimated costs,
3776 proposed priority ranking for project implementation, and
3777 funding needed to achieve the total maximum daily load or the
3778 minimum flow or minimum water level by the target date.
3779 (b) The Department of Agriculture and Consumer Services
3780 shall report to the Governor, the President of the Senate, and
3781 the Speaker of the House of Representatives on the status of the
3782 implementation of the agricultural nonpoint source best
3783 management practices including an implementation assurance
3784 report summarizing survey responses and response rates, site
3785 inspections and other methods used to verify implementation of
3786 and compliance with best management practices pursuant to basin
3787 management action plans.
3788 Section 39. Subsection (21) is added to section 403.861,
3789 Florida Statutes, to read:
3790 403.861 Department; powers and duties.—The department shall
3791 have the power and the duty to carry out the provisions and
3792 purposes of this act and, for this purpose, to:
3793 (21)(a) Upon issuance of a construction permit to construct
3794 a new public water system drinking water treatment facility to
3795 provide potable water supply using a surface water of the state
3796 that, at the time of the permit application, is not being used
3797 as a potable water supply, and the classification of which does
3798 not include potable water supply as a designated use, the
3799 department shall add treated potable water supply as a
3800 designated use of the surface water segment in accordance with
3801 s. 403.061(29)(b).
3802 (b) For existing public water system drinking water
3803 treatment facilities that use a surface water of the state as a
3804 treated potable water supply, which surface water classification
3805 does not include potable water as a designated use, the
3806 department shall add treated potable water supply as a
3807 designated use of the surface water segment in accordance with
3808 s. 403.061(29)(b).
3809 Section 40. This act shall take effect July 1, 2015.
3810
3811 ================= T I T L E A M E N D M E N T ================
3812 And the title is amended as follows:
3813 Delete everything before the enacting clause
3814 and insert:
3815 A bill to be entitled
3816 An act relating to environmental resources; amending
3817 s. 259.032, F.S.; requiring the Department of
3818 Environmental Protection to publish, update, and
3819 maintain a database of conservation lands; requiring
3820 the department to submit a report by a certain date
3821 each year to the Governor and the Legislature
3822 identifying the percentage of such lands which the
3823 public has access to and the efforts the department
3824 has undertaken to increase public access; amending ss.
3825 260.0144 and 335.065, F.S.; conforming provisions to
3826 changes made by the act; creating s. 339.81, F.S.;
3827 creating the Florida Shared-Use Nonmotorized Trail
3828 Network; specifying the composition of the network;
3829 requiring the network to be included in the Department
3830 of Transportation’s work program; declaring the
3831 planning, development, operation, and maintenance of
3832 the network to be a public purpose; authorizing the
3833 department to transfer maintenance responsibilities to
3834 certain state agencies and contract with not-for
3835 profit or private sector entities to provide
3836 maintenance services; authorizing the department to
3837 adopt rules; providing an appropriation; creating s.
3838 339.82, F.S.; requiring the department to develop a
3839 network plan for the Florida Shared-Use Nonmotorized
3840 Trail Network; creating s. 339.83, F.S.; authorizing
3841 the department to enter into concession agreements
3842 with not-for-profit or private sector entities for
3843 certain commercial sponsorship signs, markings, and
3844 exhibits; authorizing the department to contract for
3845 the provision of certain services related to the trail
3846 sponsorship program; authorizing the department to
3847 adopt rules; amending s. 373.019, F.S.; revising the
3848 definition of the term “water resource development” to
3849 include technical assistance to self-suppliers under
3850 certain circumstances; amending s. 373.036, F.S.;
3851 requiring certain information to be included in the
3852 consolidated annual report for all projects related to
3853 water quality or water quantity; amending s. 373.042,
3854 F.S.; requiring the Department of Environmental
3855 Protection or the governing board of a water
3856 management district to adopt a minimum flow or minimum
3857 water level for an Outstanding Florida Spring using
3858 emergency rulemaking authority; requiring
3859 collaboration in the development and implementation of
3860 recovery or prevention strategies under certain
3861 circumstances; authorizing the department to use
3862 emergency rulemaking procedures under certain
3863 circumstances; amending s. 373.0421, F.S.; directing
3864 the department or water management district governing
3865 boards to adopt and implement certain recovery or
3866 prevention strategies concurrent with the adoption of
3867 minimum flows and minimum water levels; providing
3868 criteria for such recovery or prevention strategies;
3869 requiring certain amendments to regional water supply
3870 plans to be concurrent with relevant portions of the
3871 recovery or prevention strategy; directing water
3872 management districts to notify the department when
3873 water use permit applications are denied for a
3874 specified reason; providing for the review and update
3875 of regional water supply plans in such cases;
3876 conforming cross-references; creating s. 373.0465,
3877 F.S.; providing legislative intent; defining the term
3878 “Central Florida Water Initiative Area”; requiring the
3879 department, the St. Johns River Water Management
3880 District, the South Florida Water Management District,
3881 the Southwest Florida Water Management District, and
3882 the Department of Agriculture and Consumer Services to
3883 develop and implement a multidistrict regional water
3884 supply plan; providing plan criteria and requirements;
3885 providing applicability; requiring the department to
3886 adopt rules; amending s. 373.1501, F.S.; specifying
3887 authority of the South Florida Water Management
3888 District to allocate quantities of, and assign
3889 priorities for the use of, water within its
3890 jurisdiction; directing the district to provide
3891 recommendations to the United States Army Corps of
3892 Engineers when developing or implementing certain
3893 water control plans or regulation schedules; amending
3894 s. 373.218, F.S.; requiring the department to adopt a
3895 uniform definition of the term “harmful to the water
3896 resources”; amending s. 373.223, F.S.; requiring
3897 consumptive use permits authorizing over a certain
3898 amount to be monitored on a specified basis; amending
3899 s. 373.2234, F.S.; directing water management district
3900 governing boards to consider the identification of
3901 preferred water supply sources for certain water
3902 users; amending s. 373.227, F.S.; prohibiting water
3903 management districts from modifying permitted
3904 allocation amounts under certain circumstances;
3905 requiring the water management districts to adopt
3906 rules to promote water conservation incentives;
3907 amending s. 373.233, F.S.; providing conditions under
3908 which the department and water management district
3909 governing boards are directed to give preference to
3910 certain applications; amending s. 373.4591, F.S.;
3911 providing priority consideration to certain public
3912 private partnerships for water storage, groundwater
3913 recharge, and water quality improvements on private
3914 agricultural lands; amending s. 373.4595, F.S.;
3915 revising and providing definitions relating to the
3916 Northern Everglades and Estuaries Protection Program;
3917 clarifying provisions of the Lake Okeechobee Watershed
3918 Protection Program; directing the South Florida Water
3919 Management District to revise certain rules and
3920 provide for a watershed research and water quality
3921 monitoring program; revising provisions for the
3922 Caloosahatchee River Watershed Protection Program and
3923 the St. Lucie River Watershed Protection Program;
3924 revising permitting and annual reporting requirements
3925 relating to the Northern Everglades and Estuaries
3926 Protection Program; providing enforcement provisions
3927 for certain basin management action plans; amending s.
3928 373.536, F.S.; requiring a water management district
3929 to include an annual funding plan in the water
3930 resource development work program; directing the
3931 department to post the work program on its website;
3932 amending s. 373.703, F.S.; authorizing water
3933 management districts to join with private landowners
3934 for the purpose of carrying out its powers; amending
3935 s. 373.705, F.S.; requiring governing boards to
3936 include certain information in their annual budget
3937 submittals; providing first consideration for funding
3938 assistance to certain water supply development
3939 projects; requiring water management districts to
3940 promote expanded cost-share criteria for additional
3941 conservation practices; amending s. 373.707, F.S.;
3942 authorizing water management districts to provide
3943 technical and financial assistance to certain self
3944 suppliers and to waive certain construction costs of
3945 alternative water supply development projects
3946 sponsored by certain water users; amending s. 373.709,
3947 F.S.; requiring regional water supply plans to include
3948 traditional and alternative water supply project
3949 options that are technically and financially feasible;
3950 directing the department to include certain funding
3951 analyses and project explanations in regional water
3952 supply planning reports; creating part VIII of ch.
3953 373, F.S., entitled the “Florida Springs and Aquifer
3954 Protection Act”; creating s. 373.801, F.S.; providing
3955 legislative findings and intent; creating s. 373.802,
3956 F.S.; defining terms; creating s. 373.803, F.S.;
3957 requiring the department to delineate a priority focus
3958 area for each Outstanding Florida Spring by a certain
3959 date; creating s. 373.805, F.S.; requiring a water
3960 management district or the department to adopt or
3961 revise various recovery or prevention strategies under
3962 certain circumstances by a certain date; providing
3963 minimum requirements for recovery or prevention
3964 strategies for Outstanding Florida Springs;
3965 authorizing local governments to apply for an
3966 extension for projects in an adopted recovery or
3967 prevention strategy; creating s. 373.807, F.S.;
3968 requiring the department to initiate assessments of
3969 Outstanding Florida Springs by a certain date;
3970 requiring the department to develop basin management
3971 action plans; authorizing local governments to apply
3972 for an extension for projects in an adopted basin
3973 management action plan; requiring local governments to
3974 adopt an urban fertilizer ordinance by a certain date;
3975 requiring the department, the Department of Health,
3976 and local governments to identify onsite sewage
3977 treatment and disposal systems within each priority
3978 focus area; requiring local governments to develop
3979 onsite sewage treatment and disposal system
3980 remediation plans; prohibiting property owners with
3981 identified onsite sewage treatment and disposal
3982 systems from being required to pay certain costs;
3983 creating s. 373.811, F.S.; specifying prohibited
3984 activities within a priority focus area of an
3985 Outstanding Florida Spring; creating s. 373.813, F.S.;
3986 providing rulemaking authority; amending s. 403.061,
3987 F.S.; requiring the department to create a
3988 consolidated water resources work plan; directing the
3989 department to adopt by rule a specific surface water
3990 classification to protect surface waters used for
3991 treated potable water supply; providing criteria for
3992 such rule; authorizing the reclassification of surface
3993 waters used for treated potable water supply
3994 notwithstanding such rule; requiring the department to
3995 create and maintain a web-based interactive map;
3996 creating s. 403.0616, F.S.; creating the Florida Water
3997 Resources Advisory Council to provide the Legislature
3998 with recommendations for projects submitted by
3999 governmental entities; requiring the council to
4000 consolidate various reports to enhance the water
4001 resources of this state; requiring the department to
4002 adopt rules; creating s. 403.0617, F.S.; requiring the
4003 department to adopt rules to fund certain pilot
4004 projects; amending s. 403.0623, F.S.; requiring the
4005 department to establish certain standards to ensure
4006 statewide consistency; requiring the department to
4007 maintain a centralized database for testing results
4008 and analysis of water quantity and quality data;
4009 requiring state agencies and water management
4010 districts to use the department’s testing results and
4011 analysis in order to receive certain funding; amending
4012 s. 403.067, F.S.; providing requirements for new or
4013 revised best management action plans; requiring the
4014 department adopt rules relating to the enforcement and
4015 verification of best management action plans and
4016 management strategies; creating s. 403.0675, F.S.;
4017 requiring the department to submit annual reports;
4018 amending s. 403.861, F.S.; directing the department to
4019 add treated potable water supply as a designated use
4020 of a surface water segment under certain
4021 circumstances; providing an effective date.