HB 1893 2003
1	A bill to be entitled
2	An act relating to Everglades restoration; amending s.
3	373.4592, F.S.; providing definitions; providing for
4	implementation of a Long-Term Plan; providing for the use
5	of ad valorem tax proceeds; providing a schedule for
6	Everglades Construction Project enhancements; deleting
7	obsolete provisions; providing for C-139 Basin BMPs;
8	providing for computation of Everglades agricultural
9	privilege tax; providing for the computation of the C-139
10	agricultural privilege tax; providing for long-term
11	compliance permits; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsections (1), (2), (3), (4), (6), (7), (10),
16	(16), and (17) of section 373.4592, Florida Statutes, are
17	amended to read:
18	373.4592 Everglades Forever Act;Everglades improvement
19	and management.--
20	(1) FINDINGS AND INTENT.--
21	(a) The Legislature finds that the Everglades ecological
22	system not only contributes to South Florida's water supply,
23	flood control, and recreation, but serves as the habitat for
24	diverse species of wildlife and plant life. The system is unique
25	in the world and one of Florida's great treasures. The
26	Everglades ecological system is endangered as a result of
27	adverse changes in water quality, and in the quantity,
28	distribution, and timing of flows, and, therefore, must be
29	restored and protected.
30	(b) The Legislature finds that, although the district and
31	the department have developed plans and programs for the
32	improvement and management of the surface waters tributary to
33	the Everglades Protection Area, implementation of those plans
34	and programs has not been as timely as is necessary to restore
35	and protect unique flora and fauna of the Everglades, including
36	the Everglades National Park and the Arthur R. Marshall
37	Loxahatchee National Wildlife Refuge. Therefore, the Legislature
38	determines that an appropriate method to proceed with Everglades
39	restoration and protection is to authorize the district to
40	proceed expeditiously with implementation of the Everglades
41	Program.
42	(c) The Legislature finds that, in the last decade, people
43	have come to realize the tremendous cost the alteration of
44	natural systems has exacted on the region. The Statement of
45	Principles of July 1993 among the Federal Government, the South
46	Florida Water Management District, the Department of
47	Environmental Protection, and certain agricultural industry
48	representatives formed a basis to bring to a close 5 years of
49	costly litigation. That agreement should be used to begin the
50	cleanup and renewal of the Everglades ecosystem.
51	(d) It is the intent of the Legislature to promote
52	Everglades restoration and protection through certain
53	legislative findings and determinations. The Legislature finds
54	that waters flowing into the Everglades Protection Area contain
55	excessive levels of phosphorus. A reduction in levels of
56	phosphorus will benefit the ecology of the Everglades Protection
57	Area.
58	(e) It is the intent of the Legislature to pursue
59	comprehensive and innovative solutions to issues of water
60	quality, water quantity, hydroperiod, and invasion of exotic
61	species which face the Everglades ecosystem. The Legislature
62	recognizes that the Everglades ecosystem must be restored both
63	in terms of water quality and water quantity and must be
64	preserved and protected in a manner that is long term and
65	comprehensive. The Legislature further recognizes that the EAA
66	and adjacent areas provide a base for an agricultural industry,
67	which in turn provides important products, jobs, and income
68	regionally and nationally. It is the intent of the Legislature
69	to preserve natural values in the Everglades while also
70	maintaining the quality of life for all residents of South
71	Florida, including those in agriculture, and to minimize the
72	impact on South Florida jobs, including agricultural, tourism,
73	and natural resource-related jobs, all of which contribute to a
74	robust regional economy.
75	(f) The Legislature finds that improved water supply and
76	hydroperiod management are crucial elements to overall
77	revitalization of the Everglades ecosystem, including Florida
78	Bay. It is the intent of the Legislature to expedite plans and
79	programs for improving water quantity reaching the Everglades,
80	correcting long-standing hydroperiod problems, increasing the
81	total quantity of water flowing through the system, providing
82	water supply for the Everglades National Park, urban and
83	agricultural areas, and Florida Bay, and replacing water
84	previously available from the coastal ridge in areas of southern
85	Miami-DadeDadeCounty. Whenever possible, wasteful discharges
86	of fresh water to tide shall be reduced, and the water shall be
87	stored for delivery at more optimum times. Additionally, reuse
88	and conservation measures shall be implemented consistent with
89	law. The Legislature further recognizes that additional water
90	storage may be an appropriate use of Lake Okeechobee.
91	(g) The Legislature finds that the Statement of Principles
92	of July 1993, the Everglades Construction Project, and the
93	regulatory requirements of this section provide a sound basis
94	for the state's long-term cleanup and restoration objectives for
95	the Everglades. It is the intent of the Legislature to provide a
96	sufficient period of time for construction, testing, and
97	research, so that the benefits of the Everglades Construction
98	Project will be determined and maximized prior to requiring
99	additional measures. The Legislature finds that STAs and BMPs
100	are currently the best available technology for achieving the
101	interim water quality goals of the Everglades Program. A
102	combined program of agricultural BMPs, STAs, and requirements of
103	this section is a reasonable method of achieving interim total
104	phosphorus discharge reductions. The Everglades Program is an
105	appropriate foundation on which to build a long-term program to
106	ultimately achieve restoration and protection of the Everglades
107	Protection Area.
108	(h) The Everglades Construction Project represents by far
109	the largest environmental cleanup and restoration program of
110	this type ever undertaken, and the returns from substantial
111	public and private investment must be maximized so that
112	available resources are managed responsibly. To that end, the
113	Legislature directs that the Everglades Construction Project and
114	regulatory requirements associated with the Statement of
115	Principles of July 1993 be pursued expeditiously, but with
116	flexibility, so that superior technology may be utilized when
117	available. Consistent with the implementation of the Everglades
118	Construction Project, landowners shall be provided the maximum
119	opportunity to provide treatment on their land.
120	(2) DEFINITIONS.--As used in this section:
121	(a) "Best management practice" or "BMP" means a practice
122	or combination of practices determined by the district, in
123	cooperation with the department, based on research, field-
124	testing, and expert review, to be the most effective and
125	practicable, including economic and technological
126	considerations, on-farm means of improving water quality in
127	agricultural discharges to a level that balances water quality
128	improvements and agricultural productivity.
129	(b) "C-139 Basin" or "Basin" means those lands described
130	in subsection (16).
131	(c) "Department" means the Florida Department of
132	Environmental Protection.
133	(d) "District" means the South Florida Water Management
134	District.
135	(e) "Everglades Agricultural Area" or "EAA" means the
136	Everglades Agricultural Area, which are those lands described in
137	subsection (15).
138	(f) "Everglades Construction Project" means the project
139	described in the February 15, 1994, conceptual design document
140	together with construction and operation schedules on file with
141	the South Florida Water Management District, except as modified
142	by this section and further described in the Long-Term Plan.
143	(g) "Everglades Program" means the program of projects,
144	regulations, and research provided by this section, including
145	the Everglades Construction Project.
146	(h) "Everglades Protection Area" means Water Conservation
147	Areas 1, 2A, 2B, 3A, and 3B, the Arthur R. Marshall Loxahatchee
148	National Wildlife Refuge, and the Everglades National Park.
149	(i) “Long-Term Plan” or “Plan” means the district’s
150	“Everglades Protection Area Tributary Basins Conceptual Plan for
151	Achieving Long-Term Water Quality Goals Final Report” dated
152	March 2003, as modified herein.
153	(j)(i)"Master permit" means a single permit issued to a
154	legally responsible entity defined by rule, authorizing the
155	construction, alteration, maintenance, or operation of multiple
156	stormwater management systems that may be owned or operated by
157	different persons and which provides an opportunity to achieve
158	collective compliance with applicable department and district
159	rules and the provisions of this section.
160	(k)(j)"Phosphorus criterion" means a numeric
161	interpretation for phosphorus of the Class III narrative
162	nutrient criterion.
163	(l)(k)"Stormwater management program" shall have the
164	meaning set forth in s. 403.031(15).
165	(m)(l)"Stormwater treatment areas" or "STAs" means those
166	treatment areas described and depicted in the district's
167	conceptual design document of February 15, 1994, and any
168	modifications as provided in this section.
169	(n) “Optimization” means maximizing the potential
170	effectiveness of the STAs through measures such as additional
171	compartmentalization, improved flow control, vegetation
172	management, or operational refinements in combination with
173	improvements where practicable in urban and agricultural BMPs
174	and includes integration with Congressionally authorized
175	components of the Comprehensive Everglades Restoration Plan.
176	(o) “Best Available Phosphorus Reduction Technology” or
177	“BAPRT” means a combination of BMPs and STAs which includes a
178	continuing research and monitoring program to reduce outflow
179	concentrations of phosphorus so as to achieve the phosphorus
180	criterion in the Everglades Protection Area at the earliest
181	practicable date.
182	(3) EVERGLADES LONG-TERMSWIMPLAN.--
183	(a)The Legislature finds that the Everglades Program
184	required by this section establishes more extensive and
185	comprehensive requirements for surface water improvement and
186	management within the Everglades than the Long-TermSWIMPlan
187	requirements provided in ss. 373.451-373.456. In order to avoid
188	duplicative requirements, and in order to conserve the resources
189	available to the district, the Long-TermSWIMPlan requirements
190	of those sections shall not apply to the Everglades Protection
191	Area and the EAA during the term of the Everglades Program, and
192	the district will neither propose, nor take final agency action
193	on, any Everglades Long-TermSWIMPlan for those areas until the
194	Everglades Program is fully implemented.; however,Funds under
195	s. 259.101(3)(b) may be used for acquisition of lands necessary
196	to implement the Everglades Construction Project, to the extent
197	these funds are identified in the Statement of Principles of
198	July 1993. The district's actions in implementing the Everglades
199	Construction Project relating to the responsibilities of the EAA
200	and C-139 Basin for funding and water quality compliance in the
201	EAA and the Everglades Protection Area shall be governed by this
202	section. Other strategies or activities in the March 1992
203	Everglades Long-TermSWIMPlan may be implemented if otherwise
204	authorized by law.
205	(b) The Legislature finds that the most reliable means of
206	optimizing the performance of STAs and achieving reasonable
207	further progress in reducing phosphorus entering the Everglades
208	Protection Area is to utilize a long-term planning process. The
209	Legislature finds that the Long-Term Plan of the district
210	provides the Best Available Phosphorus Reduction Technology
211	based upon a combination of BMPs and STAs described in the Plan
212	provided that the Plan shall seek to achieve the phosphorus
213	criterion in the Everglades Protection Area at the earliest
214	practicable date. Revisions to the Long-Term Plan shall be
215	incorporated through an adaptive management approach including a
216	Process Development and Engineering component to identify and
217	implement incremental optimization measures for further
218	phosphorus reductions at the earliest practicable date. It is
219	the intent of the Legislature that implementation of the Long-
220	Term Plan be integrated and consistent with the implementation
221	of the Congressionally authorized components of the
222	Comprehensive Everglades Restoration Plan so that unnecessary
223	and duplicative costs will be avoided. The Legislature further
224	finds that the rulemaking process and Long-Term Plan are a good
225	faith effort by the state to meet the provisions of United
226	States Environmental Protection Agency regulations at 40 C.F.R.
227	s. 131.10(g) and to maintain consistency with the settlement
228	agreement referenced in paragraph (4)(e).
229	(c) The Long-Term Plan shall be implemented for an initial
230	13-year phase from 2003-2016 and a second 10-year phase from
231	2017-2026. The Department shall review and approve projects in
232	the second 10-year phase of the Long-Term Plan if consistent
233	with this section and, no later then December 31, 2008, and each
234	5 years thereafter, review and approve incremental phosphorus
235	reduction measures to be implemented at the earliest practicable
236	date. Implementation of the Long-Term Plan shall, to the maximum
237	extent practicable, achieve water quality standards relating to
238	the phosphorus criterion in the Everglades Protection Area as
239	determined by a network of monitoring stations established for
240	this purpose. During the initial and second phases of the Long-
241	Term Plan, Stormwater Treatment Areas of the Everglades
242	Construction Project will not be expanded by acquiring
243	additional privately owned land involuntarily.
244	(4) EVERGLADES PROGRAM.--
245	(a) Everglades Construction Project.--The district shall
246	implement the Everglades Construction Project. By the time of
247	completion of the project, the state, district, or other
248	governmental authority shall purchase the inholdings in the
249	Rotenberger and such other lands necessary to achieve a 2:1
250	mitigation ratio for the use of Brown's Farm and other similar
251	lands, including those needed for the STA 1 Inflow and
252	Distribution Works. The inclusion of public lands as part of the
253	project is for the purpose of treating waters not coming from
254	the EAA for hydroperiod restoration. It is the intent of the
255	Legislature that the district aggressively pursue the
256	implementation of the Everglades Construction Project in
257	accordance with the schedule in this subsection. The Legislature
258	recognizes that adherence to the schedule is dependent upon
259	factors beyond the control of the district, including the timely
260	receipt of funds from all contributors. The district shall take
261	all reasonable measures to complete timely performance of the
262	schedule in this section in order to finish the Everglades
263	Construction Project. The district shall not delay
264	implementation of the project beyond the time delay caused by
265	those circumstances and conditions that prevent timely
266	performance. The district shall not levy ad valorem taxes in
267	excess of 0.1 mill within the Okeechobee Basin for the purposes
268	of the design, construction, and acquisition of the Everglades
269	Construction Project. The ad valorem tax proceeds not exceeding
270	0.1 mill levied within the Okeechobee Basin for such purposes
271	shall be used to fund design, construction, and implementation,
272	including operation and maintenance, of the enhancements to the
273	Everglades Construction Project described in the Long-Term Plan
274	and shall bethe sole direct district contribution from district
275	ad valorem taxes appropriated or expended for the design,
276	construction, and acquisition of the Everglades Construction
277	Project unless the Legislature by specific amendment to this
278	section increases the 0.1 mill ad valorem tax contribution,
279	increases the agricultural privilege taxes, or otherwise
280	reallocates the relative contribution by ad valorem taxpayers
281	and taxpayers paying the agricultural privilege taxes toward the
282	funding of the design, construction, and acquisition of the
283	Everglades Construction Project. Notwithstanding the provisions
284	of s. 200.069 to the contrary, any millage levied under the 0.1
285	mill limitation in this paragraph shall be included as a
286	separate entry on the Notice of Proposed Property Taxes pursuant
287	to s. 200.069. Once the STAs are completed, the district shall
288	allow these areas to be used by the public for recreational
289	purposes in the manner set forth in s. 373.1391(1)373.59(11),
290	considering the suitability of these lands for such uses. These
291	lands shall be made available for recreational use unless the
292	district governing board can demonstrate that such uses are
293	incompatible with the restoration goals of the Everglades
294	Construction Project or the water quality and hydrological
295	purposes of the STAs or would otherwise adversely impact the
296	implementation of the project. The district shall give
297	preferential consideration to the hiring of agricultural workers
298	displaced as a result of the Everglades Construction Project,
299	consistent with their qualifications and abilities, for the
300	construction and operation of these STAs. The following
301	milestones apply to the completion of the Everglades
302	Construction Project as depicted in the February 15, 1994,
303	conceptual design document:
304	1. The district must complete the final design of the STA
305	1 East and West and pursue STA 1 East project components as part
306	of a cost-shared program with the Federal Government. The
307	district must be the local sponsor of the federal project that
308	will include STA 1 East, and STA 1 West if so authorized by
309	federal law. Land acquisition shall be completed for STA 1 West
310	by April 1, 1996, and for STA 1 East by July 1, 1998;
311	2. Construction of STA 1 East is to be completed under the
312	direction of the United States Army Corps of Engineers in
313	conjunction with the currently authorized C-51 flood control
314	project by July 1, 2002;
315	3. The district must complete construction of STA 1 West
316	and STA 1 Inflow and Distribution Works under the direction of
317	the United States Army Corps of Engineers, if the direction is
318	authorized under federal law, in conjunction with the currently
319	authorized C-51 flood control project, by January 1, 1999;
320	4. The district must complete construction of STA 2 by
321	February 1, 1999;
322	4.5.The district must complete construction of STA 3/4 by
323	October 1, 2003;
324	6. The district must complete construction of STA 5 by
325	January 1, 1999; and
326	5.7. The district must complete construction of STA 6;by
327	October 1, 1997.
328	6. The district must, by December 31, 2006, complete
329	construction of enhancements to the Everglades Construction
330	Project recommended in the Long-Term Plan and initiate other
331	pre-2006 strategies in the Plan; and
332	7.8.East Beach Water Control District, South Shore
333	Drainage District, South Florida Conservancy District, East
334	Shore Water Control District, and the lessee of agricultural
335	lease number 3420 shall complete any system modifications
336	described in the Everglades Construction Project to the extent
337	that funds are available from the Everglades Fund. These
338	entities shall divert the discharges described within the
339	Everglades Construction Project within 60 days of completion of
340	construction of the appropriate STA. Such required modifications
341	shall be deemed to be a part of each district's plan of
342	reclamation pursuant to chapter 298.
343	(b) Everglades water supply and hydroperiod improvement
344	and restoration.--
345	1. A comprehensive program to revitalize the Everglades
346	shall include programs and projects to improve the water
347	quantity reaching the Everglades Protection Area at optimum
348	times and improve hydroperiod deficiencies in the Everglades
349	ecosystem. To the greatest extent possible, wasteful discharges
350	of fresh water to tide shall be reduced, and water conservation
351	practices and reuse measures shall be implemented by water
352	users, consistent with law. Water supply management must include
353	improvement of water quantity reaching the Everglades,
354	correction of long-standing hydroperiod problems, and an
355	increase in the total quantity of water flowing through the
356	system. Water supply management must provide water supply for
357	the Everglades National Park, the urban and agricultural areas,
358	and the Florida Bay and must replace water previously available
359	from the coastal ridge areas of southern Miami-DadeDadeCounty.
360	The Everglades Construction Project redirects some water
361	currently lost to tide. It is an important first step in
362	completing hydroperiod improvement.
363	2. The district shall operate the Everglades Construction
364	Project as specified in the February 15, 1994, conceptual design
365	document, to provide additional inflows to the Everglades
366	Protection Area. The increased flow from the project shall be
367	directed to the Everglades Protection Area as needed to achieve
368	an average annual increase of 28 percent compared to the
369	baseline years of 1979 to 1988. Consistent with the design of
370	the Everglades Construction Project and without demonstratively
371	reducing water quality benefits, the regulatory releases will be
372	timed and distributed to the Everglades Protection Area to
373	maximize environmental benefits.
374	3. The district shall operate the Everglades Construction
375	Project in accordance with the February 15, 1994, conceptual
376	design document to maximize the water quantity benefits and
377	improve the hydroperiod of the Everglades Protection Area. All
378	reductions of flow to the Everglades Protection Area from BMP
379	implementation will be replaced. The district shall develop a
380	model to be used for quantifying the amount of water to be
381	replaced. The district shall publish in the Florida
382	Administrative Weekly a notice of rule development on the model
383	no later than July 1, 1994, and a notice of rulemaking no later
384	than July 1, 1995.The timing and distribution of this replaced
385	water will be directed to the Everglades Protection Area to
386	maximize the natural balance of the Everglades Protection Area.
387	4. The Legislature recognizes the complexity of the
388	Everglades watershed, as well as legal mandates under Florida
389	and federal law. As local sponsor of the Central and Southern
390	Florida Flood Control Project, the district must coordinate its
391	water supply and hydroperiod programs with the Federal
392	Government. Federal planning, research, operating guidelines,
393	and restrictions for the Central and Southern Florida Flood
394	Control Project now under review by federal agencies will
395	provide important components of the district's Everglades
396	Program. The department and district shall use their best
397	efforts to seek the amendment of the authorized purposes of the
398	project to include water quality protection, hydroperiod
399	restoration, and environmental enhancement as authorized
400	purposes of the Central and Southern Florida Flood Control
401	Project, in addition to the existing purposes of water supply,
402	flood protection, and allied purposes. Further, the department
403	and the district shall use their best efforts to request that
404	the Federal Government include in the evaluation of the
405	regulation schedule for Lake Okeechobee a review of the
406	regulatory releases, so as to facilitate releases of water into
407	the Everglades Protection Area which further improve hydroperiod
408	restoration.
409	5. The district, through cooperation with the federal and
410	state agencies, shall develop other programs and methods to
411	increase the water flow and improve the hydroperiod of the
412	Everglades Protection Area.
413	6. Nothing in this section is intended to provide an
414	allocation or reservation of water or to modify the provisions
415	of part II. All decisions regarding allocations and reservations
416	of water shall be governed by applicable law.
417	7. The district shall proceed to expeditiously implement
418	the minimum flows and levels for the Everglades Protection Area
419	as required by s. 373.042 and shall expeditiously complete the
420	Lower East Coast Water Supply Plan.
421	(c) STA 3/4 modification.--The Everglades Program will
422	contribute to the restoration of the Rotenberger and Holey Land
423	tracts. The Everglades Construction Project provides a first
424	step toward restoration by improving hydroperiod with treated
425	water for the Rotenberger tract and by providing a source of
426	treated water for the Holey Land. It is further the intent of
427	the Legislature that the easternmost tract of the Holey Land,
428	known as the "Toe of the Boot," be removed from STA 3/4 under
429	the circumstances set forth in this paragraph. The district
430	shall proceed to modify the Everglades Construction Project,
431	provided that the redesign achieves at least as many
432	environmental and hydrological benefits as are included in the
433	original design, including treatment of waters from sources
434	other than the EAA, and does not delay construction of STA 3/4.
435	The district is authorized to use eminent domain to acquire
436	alternative lands, only if such lands are located within 1 mile
437	of the northern border of STA 3/4.
438	(d) Everglades research and monitoring program.--
439	1. By January 1996,The department and the district shall
440	review and evaluate available water quality data for the
441	Everglades Protection Area and tributary waters and identify any
442	additional information necessary to adequately describe water
443	quality in the Everglades Protection Area and tributary waters.
444	By such date,The department and the district shall also
445	initiate a research and monitoring program to generate such
446	additional information identified and to evaluate the
447	effectiveness of the BMPs and STAs, as they are implemented, in
448	improving water quality and maintaining designated and existing
449	beneficial uses of the Everglades Protection Area and tributary
450	waters. As part of the program, the district shall monitor all
451	discharges into the Everglades Protection Area for purposes of
452	determining compliance with state water quality standards.
453	2. The research and monitoring program shall evaluate the
454	ecological and hydrological needs of the Everglades Protection
455	Area, including the minimum flows and levels. Consistent with
456	such needs, the program shall also evaluate water quality
457	standards for the Everglades Protection Area and for the canals
458	of the EAA, so that these canals can be classified in the manner
459	set forth in paragraph (e) and protected as an integral part of
460	the water management system which includes the STAs of the
461	Everglades Construction Project and allows landowners in the EAA
462	to achieve applicable water quality standards compliance by BMPs
463	and STA treatment to the extent this treatment is available and
464	effective.
465	3. The research and monitoring program shall include
466	research seeking to optimize the design and operation of the
467	STAs, including research to reduce outflow concentrations, and
468	to identify other treatment and management methods and
469	regulatory programs that are superior to STAs in achieving the
470	intent and purposes of this section.
471	4. The research and monitoring program shall be conducted
472	to allow completion by December 2001 of any research necessary
473	to allow the department to propose a phosphorus criterion in the
474	Everglades Protection Area, and to evaluate existing state water
475	quality standards applicable to the Everglades Protection Area
476	and existing state water quality standards and classifications
477	applicable to the EAA canals. In developing the phosphorus
478	criterion, the department shall also consider the minimum flows
479	and levels for the Everglades Protection Area and the district's
480	water supply plans for the Lower East Coast.
481	5. The district, in cooperation with the department, shall
482	prepare a peer-reviewed interim report regarding the research
483	and monitoring program, which shall be submitted no later than
484	January 1, 1999, to the Governor, the President of the Senate,
485	and the Speaker of the House of Representatives for their
486	review. The interim report shall summarize all data and findings
487	available as of July 1, 1998, on the effectiveness of STAs and
488	BMPs in improving water quality. The interim report shall also
489	include a summary of the then-available data and findings
490	related to the following: the Lower East Coast Water Supply Plan
491	of the district, the United States Environmental Protection
492	Agency Everglades Mercury Study, the United States Army Corps of
493	Engineers South Florida Ecosystem Restoration Study, the results
494	of research and monitoring of water quality and quantity in the
495	Everglades region, the degree of phosphorus discharge reductions
496	achieved by BMPs and agricultural operations in the region, the
497	current information on the ecological and hydrological needs of
498	the Everglades, and the costs and benefits of phosphorus
499	reduction alternatives. Prior to finalizing the interim report,
500	the district shall conduct at least one scientific workshop and
501	two public hearings on its proposed interim report. One public
502	hearing must be held in Palm Beach County and the other must be
503	held in either Miami-Dade CountyDadeor Broward County. The
504	interim report shall be used by the department and the district
505	in making any decisions regarding the implementation of the
506	Everglades Construction Project subsequent to the completion of
507	the interim report. The construction of STAs 3/4 shall not be
508	commenced until 90 days after the interim report has been
509	submitted to the Governor and the Legislature.
510	6. Beginning January 1, 2000, the district and the
511	department shall annually issue a peer-reviewed report regarding
512	the research and monitoring program that summarizes all data and
513	findings. The department shall provide copies of the report to
514	the Governor, the President of the Senate, and the Speaker of
515	the House of Representatives. The report shall identify water
516	quality parameters, in addition to phosphorus, which exceed
517	state water quality standards or are causing or contributing to
518	adverse impacts in the Everglades Protection Area.
519	7. The district shall continue research seeking to
520	optimize the design and operation of STAs and to identify other
521	treatment and management methods that are superior to STAs in
522	achieving optimum water quality and water quantity for the
523	benefit of the Everglades. The district shall optimize the
524	design and operation of the STAs described in the Everglades
525	Construction Project prior to expanding their size. Additional
526	methods to achieve compliance with water quality standards shall
527	not be limited to more intensive management of the STAs.
528	(e) Evaluation of water quality standards.--
529	1. The department and the district shall employ all means
530	practicable to complete by December 31, 1998, any additional
531	research necessary to:
532	a. Numerically interpret for phosphorus the Class III
533	narrative nutrient criterion necessary to meet water quality
534	standards in the Everglades Protection Area; and
535	b. Evaluate existing water quality standards applicable to
536	the Everglades Protection Area and EAA canals.
537
538	This research shall be completed no later than December 31,
539	2001.
540	2. By December 31, 2001, the department shall file a
541	notice of rulemaking in the Florida Administrative Weekly to
542	establish a phosphorus criterion in the Everglades Protection
543	Area.In no case shall such phosphorus criterion allow waters in
544	the Everglades Protection Area to be altered so as to cause an
545	imbalance in the natural populations of aquatic flora or fauna.
546	The phosphorus criterion shall be 10 parts per billion (ppb) in
547	the Everglades Protection Area in the event the department does
548	not adopt by rule such criterion by December 31, 2003. However,
549	in the event the department fails to adopt a phosphorus
550	criterion on or before December 31, 2002, any person whose
551	substantial interests would be affected by the rulemaking shall
552	have the right, on or before February 28, 2003, to petition for
553	a writ of mandamus to compel the department to adopt by rule
554	such criterion. Venue for the mandamus action must be Leon
555	County. The court may stay implementation of the 10 parts per
556	billion (ppb) criterion during the pendency of the mandamus
557	proceeding upon a demonstration by the petitioner of irreparable
558	harm in the absence of such relief. The department's phosphorus
559	criterion, whenever adopted, shall supersede the 10 parts per
560	billion (ppb) criterion otherwise established by this section,
561	but shall not be lower than the natural conditions of the
562	Everglades Protection Area and shall take into account spatial
563	and temporal variability. The department’s rule adopting a
564	phosphorus criterion shall include moderating provisions during
565	the implementation of the Long-Term Plan authorizing discharges
566	based upon Best Available Phosphorus Reduction Technology
567	providing net improvement to impacted areas. Discharges to
568	unimpacted areas authorized by moderating provisions, including
569	Best Available Phosphorus Reduction Technology, must be based
570	upon a determination by the department that the environmental
571	benefits of the discharge clearly outweigh potential adverse
572	impacts.
573	3. The department shall use the best available information
574	to define relationships between waters discharged to, and the
575	resulting water quality in, the Everglades Protection Area. The
576	department or the district shall use these relationships to
577	establish discharge limits in permits for discharges into the
578	EAA canals and the Everglades Protection Area necessary to
579	prevent an imbalance in the natural populations of aquatic flora
580	or fauna in the Everglades Protection Area, and to provide a net
581	improvement in the areas already impacted. During the
582	implementation of the Long-Term Plan, permits issued by the
583	department shall be based on Best Available Phosphorus Reduction
584	Technology and shall not include numeric discharge limits.
585	Permits issued by the district shall require implementation of
586	BMPs and may not include numeric discharge limits.Compliance
587	with the phosphorus criterion shall be based upon a long-term
588	geometric mean of concentration levels to be measured at
589	sampling stations recognized from the research to be reasonably
590	representative of receiving waters in the Everglades Protection
591	Area, and so located so as to assure that the Everglades
592	Protection Area is not altered so as to cause an imbalance in
593	natural populations of aquatic flora and fauna and to assure a
594	net improvement in the areas already impacted. For the
595	Everglades National Park and the Arthur R. Marshall Loxahatchee
596	National Wildlife Refuge, the method for measuring compliance
597	with the phosphorus criterion shall be in a manner consistent
598	with Appendices A and B, respectively, of the settlement
599	agreement dated July 26, 1991, entered in case No. 88-1886-Civ-
600	Hoeveler, United States District Court for the Southern District
601	of Florida, that recognizes and provides for incorporation of
602	relevant research.
603	4. The department's evaluation of any other water quality
604	standards must include the department's antidegradation
605	standards and EAA canal classifications. In recognition of the
606	special nature of the conveyance canals of the EAA, as a
607	component of the classification process, the department is
608	directed to formally recognize by rulemaking existing actual
609	beneficial uses of the conveyance canals in the EAA. This shall
610	include recognition of the Class III designated uses of
611	recreation, propagation and maintenance of a healthy, well-
612	balanced population of fish and wildlife, the integrated water
613	management purposes for which the Central and Southern Florida
614	Flood Control Project was constructed, flood control, conveyance
615	of water to and from Lake Okeechobee for urban and agricultural
616	water supply, Everglades hydroperiod restoration, conveyance of
617	water to the STAs, and navigation.
618	(f) EAA best management practices.--
619	1. The district, in cooperation with the department, shall
620	develop and implement a water quality monitoring program to
621	evaluate the effectiveness of the BMPs in achieving and
622	maintaining compliance with state water quality standards and
623	restoring and maintaining designated and existing beneficial
624	uses. The program shall include an analysis of the effectiveness
625	of the BMPs in treating constituents that are not being
626	significantly improved by the STAs. The monitoring program shall
627	include monitoring of appropriate parameters at representative
628	locations.
629	2. The district shall continue to require and enforce the
630	BMP and other requirements of chapters 40E-61 and 40E-63,
631	Florida Administrative Code, during the terms of the existing
632	permits issued pursuant to those rules. Chapter 40E-61, Florida
633	Administrative Code, may be amended to include the BMPs required
634	by chapter 40E-63, Florida Administrative Code. Prior to the
635	expiration of existing permits, and during each 5-year term of
636	subsequent permits as provided for in this section, those rules
637	shall be amended to implement a comprehensive program of
638	research, testing, and implementation of BMPs that will address
639	all water quality standards within the EAA and Everglades
640	Protection Area. Under this program:
641	a. EAA landowners, through the EAA Environmental
642	Protection District or otherwise, shall sponsor a program of BMP
643	research with qualified experts to identify appropriate BMPs.
644	b. Consistent with the water quality monitoring program,
645	BMPs will be field-tested in a sufficient number of
646	representative sites in the EAA to reflect soil and crop types
647	and other factors that influence BMP design and effectiveness.
648	c. BMPs as required for varying crops and soil types shall
649	be included in permit conditions in the 5-year permits issued
650	pursuant to this section.
651	d. The district shall conduct research in cooperation with
652	EAA landowners to identify water quality parameters that are not
653	being significantly improved either by the STAs or the BMPs, and
654	to identify further BMP strategies needed to address these
655	parameters.
656	3. The Legislature finds that through the implementation
657	of the Everglades BMPs Program and the implementation of the
658	Everglades Construction Project, reasonable further progress
659	will be made towards addressing water quality requirements of
660	the EAA canals and the Everglades Protection Area. Permittees
661	within the EAA and the C-139 Basin who are in full compliance
662	with the conditions of permits under chapters 40E-61 and 40E-63,
663	Florida Administrative Code, have made all payments required
664	under the Everglades Program, and are in compliance with
665	subparagraph (a)8., if applicable, shall not be required to
666	implement additional water quality improvement measures, prior
667	to December 31, 2006, other than those required by subparagraph
668	2., with the following exceptions:
669	a. Nothing in this subparagraph shall limit the existing
670	authority of the department or the district to limit or regulate
671	discharges that pose a significant danger to the public health
672	and safety; and
673	b. New land uses and new stormwater management facilities
674	other than alterations to existing agricultural stormwater
675	management systems for water quality improvements shall not be
676	accorded the compliance established by this section. Permits may
677	be required to implement improvements or alterations to existing
678	agricultural water management systems.
679	4. As of December 31, 2006, all permits, including those
680	issued prior to that date, shall require implementation of
681	additional water quality measures, taking into account the water
682	quality treatment actually provided by the STAs and the
683	effectiveness of the BMPs. As of that date, no permittee's
684	discharge shall cause or contribute to any violation of water
685	quality standards in the Everglades Protection Area.
686	5. Effective immediately, landowners within the C-139
687	Basin shall not collectively exceed an annual average loading of
688	phosphorus of 28.7 metric tonsbased proportionately on the
689	historical rainfall for the C-139 Basin over the period of
690	October 1, 1978, to September 30, 1988. New surface inflows
691	shall not increase the annual average loading of phosphorus
692	stated above. Provided that the C-139 Basin does not exceed this
693	annual average loading, all landowners within the Basin shall be
694	in compliance for that year. Compliance determinations for
695	individual landowners within the C-139 Basin for remedial
696	action, if the Basin is determined by the district to be out of
697	compliance for that year, shall be based on the landowners'
698	proportional share of the total phosphorus loading of 28.7
699	metrictons. The total phosphorus discharge load shall be
700	determined as set forth in Appendix B2 of Rule 40E-63-43,
701	Everglades Program, Florida Administrative Codeby a method
702	consistent with Appendix 40E-63-3, Florida Administrative Code,
703	disregarding the 25-percent phosphorus reduction factor.
704	6. The district, in cooperation with the department, shall
705	develop and implement a water quality monitoring program to
706	evaluate the quality of the discharge from the C-139 Basin. Upon
707	determination by the department or the district that the C-139
708	Basin is exceeding any presently existing water quality
709	standards, the district shall require landowners within the C-
710	139 Basin to implement BMPs appropriate to the land uses within
711	the C-139 Basin consistent with subparagraph 2. Thereafter, the
712	provisions of subparagraphs 2.-4. shall apply to the landowners
713	within the C-139 Basin.
714	(4) EVERGLADES PROGRAM.--
715	(g) Monitoring and control of exotic species.--
716	1. The district shall establish a biological monitoring
717	network throughout the Everglades Protection Area and shall
718	prepare a survey of exotic species at least every 2 years.
719	2. In addition, the district shall establish a program to
720	coordinate with federal, state, or other governmental entities
721	the control of continued expansion and the removal of these
722	exotic species. The district's program shall give high priority
723	to species affecting the largest areal extent within the
724	Everglades Protection Area.
725	(6) EVERGLADES AGRICULTURAL PRIVILEGE TAX.--
726	(a) There is hereby imposed an annual Everglades
727	agricultural privilege tax for the privilege of conducting an
728	agricultural trade or business on:
729	1. All real property located within the EAA that is
730	classified as agricultural under the provisions of chapter 193;
731	and
732	2. Leasehold or other interests in real property located
733	within the EAA owned by the United States, the state, or any
734	agency thereof permitting the property to be used for
735	agricultural purposes in a manner that would allow such property
736	to be classified as agricultural under the provisions of chapter
737	193 if not governmentally owned, whether or not such property is
738	actually classified as agricultural under the provisions of
739	chapter 193.
740
741	It is hereby determined by the Legislature that the privilege of
742	conducting an agricultural trade or business on such property
743	constitutes a reasonable basis for imposition of the Everglades
744	agricultural privilege tax and that logical differences exist
745	between the agricultural use of such property and the use of
746	other property within the EAA for residential or nonagricultural
747	commercial use. The Everglades agricultural privilege tax shall
748	constitute a lien against the property, or the leasehold or
749	other interest in governmental property permitting such property
750	to be used for agricultural purposes, described on the
751	Everglades agricultural privilege tax roll. The lien shall be in
752	effect from January 1 of the year the tax notice is mailed until
753	discharged by payment and shall be equal in rank and dignity
754	with the liens of all state, county, district, or municipal
755	taxes and non-ad valorem assessments imposed pursuant to general
756	law, special act, or local ordinance and shall be superior in
757	dignity to all other liens, titles, and claims.
758	(b) The Everglades agricultural privilege tax, other than
759	for leasehold or other interests in governmental property
760	permitting such property to be used for agricultural purposes,
761	shall be collected in the manner provided for ad valorem taxes.
762	By September 15 of each year, the governing board of the
763	district shall certify by resolution an Everglades agricultural
764	privilege tax roll on compatible electronic medium to the tax
765	collector of each county in which a portion of the EAA is
766	located. The district shall also produce one copy of the roll in
767	printed form which shall be available for inspection by the
768	public. The district shall post the Everglades agricultural
769	privilege tax for each parcel on the roll. The tax collector
770	shall not accept any such roll that is not certified on
771	compatible electronic medium and that does not contain the
772	posting of the Everglades agricultural privilege tax for each
773	parcel. It is the responsibility of the district that such rolls
774	be free of errors and omissions. Alterations to such rolls may
775	be made by the executive director of the district, or a
776	designee, up to 10 days before certification. If the tax
777	collector or any taxpayer discovers errors or omissions on such
778	roll, such person may request the district to file a corrected
779	roll or a correction of the amount of any Everglades
780	agricultural privilege tax. Other than for leasehold or other
781	interests in governmental property permitting such property to
782	be used for agricultural purposes, Everglades agricultural
783	privilege taxes collected pursuant to this section shall be
784	included in the combined notice for ad valorem taxes and non-ad
785	valorem assessments provided for in s. 197.3635. Such Everglades
786	agricultural privilege taxes shall be listed in the portion of
787	the combined notice utilized for non-ad valorem assessments. A
788	separate mailing is authorized only as a solution to the most
789	exigent factual circumstances. However, if a tax collector
790	cannot merge an Everglades agricultural privilege tax roll to
791	produce such a notice, the tax collector shall mail a separate
792	notice of Everglades agricultural privilege taxes or shall
793	direct the district to mail such a separate notice. In deciding
794	whether a separate mailing is necessary, the tax collector shall
795	consider all costs to the district and taxpayers of such a
796	separate mailing and the adverse effects to the taxpayers of
797	delayed and multiple notices. The district shall bear all costs
798	associated with any separate notice. Everglades agricultural
799	privilege taxes collected pursuant to this section shall be
800	subject to all collection provisions of chapter 197, including
801	provisions relating to discount for early payment, prepayment by
802	installment method, deferred payment, penalty for delinquent
803	payment, and issuance and sale of tax certificates and tax deeds
804	for nonpayment. Everglades agricultural privilege taxes for
805	leasehold or other interests in property owned by the United
806	States, the state, or any agency thereof permitting such
807	property to be used for agricultural purposes shall be included
808	on the notice provided pursuant to s. 196.31, a copy of which
809	shall be provided to lessees or other interestholders
810	registering with the district, and shall be collected from the
811	lessee or other appropriate interestholder and remitted to the
812	district immediately upon collection. Everglades agricultural
813	privilege taxes included on the statement provided pursuant to
814	s. 196.31 shall be due and collected on or prior to the next
815	April 1 following provision of the notice. Proceeds of the
816	Everglades agricultural privilege taxes shall be distributed by
817	the tax collector to the district. Each tax collector shall be
818	paid a commission equal to the actual cost of collection, not to
819	exceed 2 percent, on the amount of Everglades agricultural
820	privilege taxes collected and remitted. Notwithstanding any
821	general law or special act to the contrary, Everglades
822	agricultural privilege taxes shall not be included on the notice
823	of proposed property taxes provided for in s. 200.069.
824	(c) The initial Everglades agricultural privilege tax roll
825	shall be certified for the tax notices mailed in November 1994.
826	Incentive credits to the Everglades agricultural privilege taxes
827	to be included on the initial Everglades agricultural privilege
828	tax roll, if any, shall be based upon the total phosphorus load
829	reduction for the year ending April 30, 1993. The Everglades
830	agricultural privilege taxes for each year shall be computed in
831	the following manner:
832	1. Annual Everglades agricultural privilege taxes shall be
833	charged for the privilege of conducting an agricultural trade or
834	business on each acre of real property or portion thereof. The
835	annual Everglades agricultural privilege tax shall be $24.89 per
836	acre for the tax notices mailed in November 1994 through
837	November 1997; $27 per acre for the tax notices mailed in
838	November 1998 through November 2001; $31 per acre for the tax
839	notices mailed in November 2002 through November 2005; and $35
840	per acre for the tax notices mailed in November 2006 through
841	November 2013.
842	2. It is the intent of the Legislature to encourage the
843	performance of best management practices to maximize the
844	reduction of phosphorus loads at points of discharge from the
845	EAA by providing an incentive credit against the Everglades
846	agricultural privilege taxes set forth in subparagraph 1. The
847	total phosphorus load reduction shall be measured for the entire
848	EAA by comparing the actual measured total phosphorus load
849	attributable to the EAA for each annual period ending on April
850	30 to the total estimated phosphorus load that would have
851	occurred during the 1979-1988 base period using the model for
852	total phosphorus load determinations provided in chapter 40E-63,
853	Florida Administrative Code, utilizing the technical information
854	and procedures contained in Section IV-EAA Period of Record Flow
855	and Phosphorus Load Calculations; Section V-Monitoring
856	Requirements; and Section VI-Phosphorus Load Allocations and
857	Compliance Calculations of the Draft Technical Document in
858	Support of chapter 40E-63, Florida Administrative Code - Works
859	of the District within the Everglades, March 3, 1992, and the
860	Standard Operating Procedures for Water Quality Collection in
861	Support of the Everglades Water Condition Report, dated February
862	18, 1994. The model estimates the total phosphorus load that
863	would have occurred during the 1979-1988 base period by
864	substituting the rainfall conditions for such annual period
865	ending April 30 for the conditions that were used to calibrate
866	the model for the 1979-1988 base period. The data utilized to
867	calculate the actual loads attributable to the EAA shall be
868	adjusted to eliminate the effect of any load and flow that were
869	not included in the 1979-1988 base period as defined in chapter
870	40E-63, Florida Administrative Code. The incorporation of the
871	method of measuring the total phosphorus load reduction provided
872	in this subparagraph is intended to provide a legislatively
873	approved aid to the governing board of the district in making an
874	annual ministerial determination of any incentive credit.
875	3. Phosphorus load reductions calculated in the manner
876	described in subparagraph 2. and rounded to the nearest whole
877	percentage point for each annual period beginning on May 1 and
878	ending on April 30 shall be used to compute incentive credits to
879	the Everglades agricultural privilege taxes to be included on
880	the annual tax notices mailed in November of the next ensuing
881	calendar year. Incentive credits, if any, will reduce the
882	Everglades agricultural privilege taxes set forth in
883	subparagraph 1. only to the extent that the phosphorus load
884	reduction exceeds 25 percent. Subject to subparagraph 4., the
885	reduction of phosphorus load by each percentage point in excess
886	of 25 percent, computed for the 12-month period ended on April
887	30 of the calendar year immediately preceding certification of
888	the Everglades agricultural privilege tax, shall result in the
889	following incentive credits: $0.33 per acre for the tax notices
890	mailed in November 1994 through November 1997; $0.54 per acre
891	for the tax notices mailed in November 1998 through November
892	2001; $0.61 per acre for the tax notices mailed in November 2002
893	through November 2005, and $0.65 per acre for the tax notices
894	mailed in November 2006 through November 2013. The determination
895	of incentive credits, if any, shall be documented by resolution
896	of the governing board of the district adopted prior to or at
897	the time of the adoption of its resolution certifying the annual
898	Everglades agricultural privilege tax roll to the appropriate
899	tax collector.
900	4. Notwithstanding subparagraph 3., incentive credits for
901	the performance of best management practices shall not reduce
902	the minimum annual Everglades agricultural privilege tax to less
903	than $24.89 per acre, which annual Everglades agricultural
904	privilege tax as adjusted in the manner required by paragraph
905	(e) shall be known as the "minimum tax." To the extent that the
906	application of incentive credits for the performance of best
907	management practices would reduce the annual Everglades
908	agricultural privilege tax to an amount less than the minimum
909	tax, then the unused or excess incentive credits for the
910	performance of best management practices shall be carried
911	forward, on a phosphorus load percentage basis, to be applied as
912	incentive credits in subsequent years. Any unused or excess
913	incentive credits remaining after certification of the
914	Everglades agricultural privilege tax roll for the tax notices
915	mailed in November 2013 shall be canceled.
916	5. Notwithstanding the schedule of Everglades agricultural
917	privilege taxes set forth in subparagraph 1., the owner, lessee,
918	or other appropriate interestholder of any property shall be
919	entitled to have the Everglades agricultural privilege tax for
920	any parcel of property reduced to the minimum tax, commencing
921	with the tax notices mailed in November 1996 for parcels of
922	property participating in the early baseline option as defined
923	in chapter 40E-63, Florida Administrative Code, and with the tax
924	notices mailed in November 1997 for parcels of property not
925	participating in the early baseline option, upon compliance with
926	the requirements set forth in this subparagraph. The owner,
927	lessee, or other appropriate interestholder shall file an
928	application with the executive director of the district prior to
929	July 1 for consideration of reduction to the minimum tax on the
930	Everglades agricultural privilege tax roll to be certified for
931	the tax notice mailed in November of the same calendar year and
932	shall have the burden of proving the reduction in phosphorus
933	load attributable to such parcel of property. The phosphorus
934	load reduction for each discharge structure serving the parcel
935	shall be measured as provided in chapter 40E-63, Florida
936	Administrative Code, and the permit issued for such property
937	pursuant to chapter 40E-63, Florida Administrative Code. A
938	parcel of property which has achieved the following annual
939	phosphorus load reduction standards shall have the minimum tax
940	included on the annual tax notice mailed in November of the next
941	ensuing calendar year: 30 percent or more for the tax notices
942	mailed in November 1994 through November 1997; 35 percent or
943	more for the tax notices mailed in November 1998 through
944	November 2001; 40 percent or more for the tax notices mailed in
945	November 2002 through November 2005; and 45 percent or more for
946	the tax notices mailed in November 2006 through November 2013.
947	In addition, any parcel of property that achieves an annual flow
948	weighted mean concentration of 50 parts per billion (ppb) of
949	phosphorus at each discharge structure serving the property for
950	any year ending April 30 shall have the minimum tax included on
951	the annual tax notice mailed in November of the next ensuing
952	calendar year. Any annual phosphorus reductions that exceed the
953	amount necessary to have the minimum tax included on the annual
954	tax notice for any parcel of property shall be carried forward
955	to the subsequent years' phosphorus load reduction to determine
956	if the minimum tax shall be included on the annual tax notice.
957	The governing board of the district shall deny or grant the
958	application by resolution adopted prior to or at the time of the
959	adoption of its resolution certifying the annual Everglades
960	agricultural privilege tax roll to the appropriate tax
961	collector.
962	6. The annual Everglades agricultural privilege tax for
963	the tax notices mailed in November 2014 through November 2016
964	shall be $25 per acre and for tax notices mailed in November
965	2017and thereafter shall be $10 per acre.
966	(d) For purposes of this paragraph, "vegetable acreage"
967	means, for each tax year, any portion of a parcel of property
968	used for a period of not less than 8 months for the production
969	of vegetable crops, including sweet corn, during the 12 months
970	ended September 30 of the year preceding the tax year. Land
971	preparation, crop rotation, and fallow periods shall not
972	disqualify property from classification as vegetable acreage if
973	such property is actually used for the production of vegetable
974	crops.
975	1. It is hereby determined by the Legislature that
976	vegetable farming in the EAA is subject to volatile market
977	conditions and is particularly subject to crop loss or damage
978	due to freezes, flooding, and drought. It is further determined
979	by the Legislature that, due to the foregoing factors,
980	imposition of an Everglades agricultural privilege tax upon
981	vegetable acreage in excess of the minimum tax could create a
982	severe economic hardship and impair the production of vegetable
983	crops. Notwithstanding the schedule of Everglades agricultural
984	privilege taxes set forth in subparagraph (c)1., the Everglades
985	agricultural privilege tax for vegetable acreage shall be the
986	minimum tax, and vegetable acreage shall not be entitled to any
987	incentive credits.
988	2. If either the Governor, the President of the United
989	States, or the United States Department of Agriculture declares
990	the existence of a state of emergency or disaster resulting from
991	extreme natural conditions impairing the ability of vegetable
992	acreage to produce crops, payment of the Everglades agricultural
993	privilege taxes imposed for the privilege of conducting an
994	agricultural trade or business on such property shall be
995	deferred for a period of 1 year, and all subsequent annual
996	payments shall be deferred for the same period.
997	a. If the declaration occurs between April 1 and October
998	31, the Everglades agricultural privilege tax to be included on
999	the next annual tax notice will be deferred to the subsequent
1000	annual tax notice.
1001	b. If the declaration occurs between November 1 and March
1002	31 and the Everglades agricultural privilege tax included on the
1003	most recent tax notice has not been paid, such Everglades
1004	agricultural privilege tax will be deferred to the next annual
1005	tax notice.
1006	c. If the declaration occurs between November 1 and March
1007	31 and the Everglades agricultural privilege tax included on the
1008	most recent tax notice has been paid, the Everglades
1009	agricultural privilege tax to be included on the next annual tax
1010	notice will be deferred to the subsequent annual tax notice.
1011	3. In the event payment of Everglades agricultural
1012	privilege taxes is deferred pursuant to this paragraph, the
1013	district must record a notice in the official records of each
1014	county in which vegetable acreage subject to such deferment is
1015	located. The recorded notice must describe each parcel of
1016	property as to which Everglades agricultural privilege taxes
1017	have been deferred and the amount deferred for such property. If
1018	all or any portion of the property as to which Everglades
1019	agricultural privilege taxes have been deferred ceases to be
1020	classified as agricultural under the provisions of chapter 193
1021	or otherwise subject to the Everglades agricultural privilege
1022	tax, all deferred amounts must be included on the tax notice for
1023	such property mailed in November of the first tax year for which
1024	such property is not subject to the Everglades agricultural
1025	privilege tax. After a property owner has paid all outstanding
1026	Everglades agricultural privilege taxes, including any deferred
1027	amounts, the district shall provide the property owner with a
1028	recordable instrument evidencing the payment of all outstanding
1029	amounts.
1030	4. The owner, lessee, or other appropriate interestholder
1031	must file an application with the executive director of the
1032	district prior to July 1 for classification of a portion of the
1033	property as vegetable acreage on the Everglades agricultural
1034	privilege tax roll to be certified for the tax notice mailed in
1035	November of the same calendar year and shall have the burden of
1036	proving the number of acres used for the production of vegetable
1037	crops during the year in which incentive credits are determined
1038	and the period of such use. The governing board of the district
1039	shall deny or grant the application by resolution adopted prior
1040	to or at the time of the adoption of its resolution certifying
1041	the annual Everglades agricultural privilege tax roll to the
1042	appropriate tax collector.
1043	5. This paragraph does not relieve vegetable acreage from
1044	the performance of best management practices specified in
1045	chapter 40E-63, Florida Administrative Code.
1046	(e) If, for any tax year, the number of acres subject to
1047	the Everglades agricultural privilege tax is less than the
1048	number of acres included on the Everglades agricultural
1049	privilege tax roll certified for the tax notices mailed in
1050	November 1994, the minimum tax shall be subject to increase in
1051	the manner provided in this paragraph. In determining the number
1052	of acres subject to the Everglades agricultural privilege tax
1053	for purposes of this paragraph, property acquired by a not-for-
1054	profit entity for purposes of conservation and preservation, the
1055	United States, or the state, or any agency thereof, and removed
1056	from the Everglades agricultural privilege tax roll after
1057	January 1, 1994, shall be treated as subject to the tax even
1058	though no tax is imposed or due: in its entirety, for tax
1059	notices mailed prior to November 2000; to the extent its area
1060	exceeds 4 percent of the total area of property subject to the
1061	Everglades agricultural tax, for tax notices mailed in November
1062	2000 through November 2005; and to the extent its area exceeds 8
1063	percent of the total area of property subject to the Everglades
1064	agricultural tax, for tax notices mailed in November 2006 and
1065	thereafter. For each tax year, the district shall determine the
1066	amount, if any, by which the sum of the following exceeds
1067	$12,367,000:
1068	1. The product of the minimum tax multiplied by the number
1069	of acres subject to the Everglades agricultural privilege tax;
1070	and
1071	2. The ad valorem tax increment, as defined in this
1072	subparagraph.
1073
1074	The aggregate of such annual amounts, less any portion
1075	previously applied to eliminate or reduce future increases in
1076	the minimum tax, as described in this paragraph, shall be known
1077	as the "excess tax amount." If for any tax year, the amount
1078	computed by multiplying the minimum tax by the number of acres
1079	then subject to the Everglades agricultural privilege tax is
1080	less than $12,367,000, the excess tax amount shall be applied in
1081	the following manner. If the excess tax amount exceeds such
1082	difference, an amount equal to the difference shall be deducted
1083	from the excess tax amount and applied to eliminate any increase
1084	in the minimum tax. If such difference exceeds the excess tax
1085	amount, the excess tax amount shall be applied to reduce any
1086	increase in the minimum tax. In such event, a new minimum tax
1087	shall be computed by subtracting the remaining excess tax amount
1088	from $12,367,000 and dividing the result by the number of acres
1089	subject to the Everglades agricultural privilege tax for such
1090	tax year. For purposes of this paragraph, the "ad valorem tax
1091	increment" means 50 percent of the difference between the amount
1092	of ad valorem taxes actually imposed by the district for the
1093	immediate prior tax year against property included on the
1094	Everglades agricultural privilege tax roll certified for the tax
1095	notices mailed in November 1994 that was not subject to the
1096	Everglades agricultural privilege tax during the immediate prior
1097	tax year and the amount of ad valorem taxes that would have been
1098	imposed against such property for the immediate prior tax year
1099	if the taxable value of each acre had been equal to the average
1100	taxable value of all other land classified as agricultural
1101	within the EAA for such year; however, the ad valorem tax
1102	increment for any year shall not exceed the amount that would
1103	have been derived from such property from imposition of the
1104	minimum tax during the immediate prior tax year.
1105	(f) Any owner, lessee, or other appropriate interestholder
1106	of property subject to the Everglades agricultural privilege tax
1107	may contest the Everglades agricultural privilege tax by filing
1108	an action in circuit court.
1109	1. No action may be brought to contest the Everglades
1110	agricultural privilege tax after 60 days from the date the tax
1111	notice that includes the Everglades agricultural privilege tax
1112	is mailed by the tax collector. Before an action to contest the
1113	Everglades agricultural privilege tax may be brought, the
1114	taxpayer shall pay to the tax collector the amount of the
1115	Everglades agricultural privilege tax which the taxpayer admits
1116	in good faith to be owing. The tax collector shall issue a
1117	receipt for the payment, and the receipt shall be filed with the
1118	complaint. Payment of an Everglades agricultural privilege tax
1119	shall not be deemed an admission that such tax was due and shall
1120	not prejudice the right to bring a timely action to challenge
1121	such tax and seek a refund. No action to contest the Everglades
1122	agricultural privilege tax may be maintained, and such action
1123	shall be dismissed, unless all Everglades agricultural privilege
1124	taxes imposed in years after the action is brought, which the
1125	taxpayer in good faith admits to be owing, are paid before they
1126	become delinquent. The requirements of this subparagraph are
1127	jurisdictional.
1128	2. In any action involving a challenge of the Everglades
1129	agricultural privilege tax, the court shall assess all costs. If
1130	the court finds that the amount of tax owed by the taxpayer is
1131	greater than the amount the taxpayer has in good faith admitted
1132	and paid, it shall enter judgment against the taxpayer for the
1133	deficiency and for interest on the deficiency at the rate of 12
1134	percent per year from the date the tax became delinquent. If it
1135	finds that the amount of tax which the taxpayer has admitted to
1136	be owing is grossly disproportionate to the amount of tax found
1137	to be due and that the taxpayer's admission was not made in good
1138	faith, the court shall also assess a penalty at the rate of 25
1139	percent of the deficiency per year from the date the tax became
1140	delinquent. The court may issue injunctions to restrain the sale
1141	of property for any Everglades agricultural privilege tax which
1142	appears to be contrary to law or equity.
1143	(g) Notwithstanding any contrary provisions in chapter
1144	120, or any provision of any other law, an action in circuit
1145	court shall be the exclusive remedy to challenge the assessment
1146	of an Everglades agricultural privilege tax and owners of
1147	property subject to the Everglades agricultural privilege tax
1148	shall have no right or standing to initiate administrative
1149	proceedings under chapter 120 to challenge the assessment of an
1150	Everglades agricultural privilege tax, including specifically,
1151	and without limitation, the annual certification by the district
1152	governing board of the Everglades agricultural privilege tax
1153	roll to the appropriate tax collector, the annual calculation of
1154	any incentive credit for phosphorus level reductions, the denial
1155	of an application for exclusion from the Everglades agricultural
1156	privilege tax, the calculation of the minimum tax adjustments
1157	provided in paragraph (e), the denial of an application for
1158	reduction to the minimum tax, and the denial of any application
1159	for classification as vegetable acreage, deferment of payment
1160	for vegetable acreage, or correction of any alleged error in the
1161	Everglades agricultural privilege tax roll.
1162	(h) In recognition of the findings set forth in subsection
1163	(1), the Legislature finds that the assessment and use of the
1164	Everglades agricultural privilege tax is a matter of concern to
1165	all areas of Florida and the Legislature intends this act to be
1166	a general law authorization of the tax within the meaning of s.
1167	9, Art. VII of the State Constitution and that payment of the
1168	tax complies with the obligations of owners and users of land
1169	under s. 7(b), Art. II of the State Constitution.
1170	(7) C-139 AGRICULTURAL PRIVILEGE TAX.--
1171	(a) There is hereby imposed an annual C-139 agricultural
1172	privilege tax for the privilege of conducting an agricultural
1173	trade or business on:
1174	1. All real property located within the C-139 Basin that
1175	is classified as agricultural under the provisions of chapter
1176	193; and
1177	2. Leasehold or other interests in real property located
1178	within the C-139 Basin owned by the United States, the state, or
1179	any agency thereof permitting the property to be used for
1180	agricultural purposes in a manner that would result in such
1181	property being classified as agricultural under the provisions
1182	of chapter 193 if not governmentally owned, whether or not such
1183	property is actually classified as agricultural under the
1184	provisions of chapter 193.
1185
1186	It is hereby determined by the Legislature that the privilege of
1187	conducting an agricultural trade or business on such property
1188	constitutes a reasonable basis for imposing the C-139
1189	agricultural privilege tax and that logical differences exist
1190	between the agricultural use of such property and the use of
1191	other property within the C-139 Basin for residential or
1192	nonagricultural commercial use. The C-139 agricultural privilege
1193	tax shall constitute a lien against the property, or the
1194	leasehold or other interest in governmental property permitting
1195	such property to be used for agricultural purposes, described on
1196	the C-139 agricultural privilege tax roll. The lien shall be in
1197	effect from January 1 of the year the tax notice is mailed until
1198	discharged by payment and shall be equal in rank and dignity
1199	with the liens of all state, county, district, or municipal
1200	taxes and non-ad valorem assessments imposed pursuant to general
1201	law, special act, or local ordinance and shall be superior in
1202	dignity to all other liens, titles, and claims.
1203	(b) The C-139 agricultural privilege tax, other than for
1204	leasehold or other interests in governmental property permitting
1205	such property to be used for agricultural purposes, shall be
1206	collected in the manner provided for ad valorem taxes. By
1207	September 15 of each year, the governing board of the district
1208	shall certify by resolution a C-139 agricultural privilege tax
1209	roll on compatible electronic medium to the tax collector of
1210	each county in which a portion of the C-139 Basin is located.
1211	The district shall also produce one copy of the roll in printed
1212	form which shall be available for inspection by the public. The
1213	district shall post the C-139 agricultural privilege tax for
1214	each parcel on the roll. The tax collector shall not accept any
1215	such roll that is not certified on compatible electronic medium
1216	and that does not contain the posting of the C-139 agricultural
1217	privilege tax for each parcel. It is the responsibility of the
1218	district that such rolls be free of errors and omissions.
1219	Alterations to such rolls may be made by the executive director
1220	of the district, or a designee, up to 10 days before
1221	certification. If the tax collector or any taxpayer discovers
1222	errors or omissions on such roll, such person may request the
1223	district to file a corrected roll or a correction of the amount
1224	of any C-139 agricultural privilege tax. Other than for
1225	leasehold or other interests in governmental property permitting
1226	such property to be used for agricultural purposes, C-139
1227	agricultural privilege taxes collected pursuant to this section
1228	shall be included in the combined notice for ad valorem taxes
1229	and non-ad valorem assessments provided for in s. 197.3635. Such
1230	C-139 agricultural privilege taxes shall be listed in the
1231	portion of the combined notice utilized for non-ad valorem
1232	assessments. A separate mailing is authorized only as a solution
1233	to the most exigent factual circumstances. However, if a tax
1234	collector cannot merge a C-139 agricultural privilege tax roll
1235	to produce such a notice, the tax collector shall mail a
1236	separate notice of C-139 agricultural privilege taxes or shall
1237	direct the district to mail such a separate notice. In deciding
1238	whether a separate mailing is necessary, the tax collector shall
1239	consider all costs to the district and taxpayers of such a
1240	separate mailing and the adverse effects to the taxpayers of
1241	delayed and multiple notices. The district shall bear all costs
1242	associated with any separate notice. C-139 agricultural
1243	privilege taxes collected pursuant to this section shall be
1244	subject to all collection provisions of chapter 197, including
1245	provisions relating to discount for early payment, prepayment by
1246	installment method, deferred payment, penalty for delinquent
1247	payment, and issuance and sale of tax certificates and tax deeds
1248	for nonpayment. C-139 agricultural privilege taxes for leasehold
1249	or other interests in property owned by the United States, the
1250	state, or any agency thereof permitting such property to be used
1251	for agricultural purposes shall be included on the notice
1252	provided pursuant to s. 196.31, a copy of which shall be
1253	provided to lessees or other interestholders registering with
1254	the district, and shall be collected from the lessee or other
1255	appropriate interestholder and remitted to the district
1256	immediately upon collection. C-139 agricultural privilege taxes
1257	included on the statement provided pursuant to s. 196.31 shall
1258	be due and collected on or prior to the next April 1 following
1259	provision of the notice. Proceeds of the C-139 agricultural
1260	privilege taxes shall be distributed by the tax collector to the
1261	district. Each tax collector shall be paid a commission equal to
1262	the actual cost of collection, not to exceed 2 percent, on the
1263	amount of C-139 agricultural privilege taxes collected and
1264	remitted. Notwithstanding any general law or special act to the
1265	contrary, C-139 agricultural privilege taxes shall not be
1266	included on the notice of proposed property taxes provided in s.
1267	200.069.
1268	(c)1.The initial C-139 agricultural privilege tax roll
1269	shall be certified for the tax notices mailed in November 1994.
1270	The C-139 agricultural privilege taxes for the tax notices
1271	mailed in November 1994 through November 20022013shall be
1272	computed by dividing $654,656 by the number of acres included on
1273	the C-139 agricultural privilege tax roll for such year,
1274	excluding any property located within the C-139 Annex.
1275	2. The C-139 agricultural privilege tax for the tax
1276	notices mailed in November 2003 through November 2013 shall be
1277	computed by dividing $654,656 by the number of acres included on
1278	the C-139 agricultural privilege tax roll for November 2001,
1279	excluding any property located within the C-139 Annex.
1280	3.The C-139 agricultural privilege taxes for the tax
1281	notices mailed in November 2014 and thereafter shall be $1.80
1282	per acre.
1283	(d) For purposes of this paragraph, "vegetable acreage"
1284	means, for each tax year, any portion of a parcel of property
1285	used for a period of not less than 8 months for the production
1286	of vegetable crops, including sweet corn, during the 12 months
1287	ended September 30 of the year preceding the tax year. Land
1288	preparation, crop rotation, and fallow periods shall not
1289	disqualify property from classification as vegetable acreage if
1290	such property is actually used for the production of vegetable
1291	crops.
1292	1. If either the Governor, the President of the United
1293	States, or the United States Department of Agriculture declares
1294	the existence of a state of emergency or disaster resulting from
1295	extreme natural conditions impairing the ability of vegetable
1296	acreage to produce crops, payment of the C-139 agricultural
1297	privilege taxes imposed for the privilege of conducting an
1298	agricultural trade or business on such property shall be
1299	deferred for a period of 1 year, and all subsequent annual
1300	payments shall be deferred for the same period.
1301	a. If the declaration occurs between April 1 and October
1302	31, the C-139 agricultural privilege tax to be included on the
1303	next annual tax notice will be deferred to the subsequent annual
1304	tax notice.
1305	b. If the declaration occurs between November 1 and March
1306	31 and the C-139 agricultural privilege tax included on the most
1307	recent tax notice has not been paid, such C-139 agricultural
1308	privilege tax will be deferred to the next annual tax notice.
1309	c. If the declaration occurs between November 1 and March
1310	31 and the C-139 agricultural privilege tax included on the most
1311	recent tax notice has been paid, the C-139 agricultural
1312	privilege tax to be included on the next annual tax notice will
1313	be deferred to the subsequent annual tax notice.
1314	2. In the event payment of C-139 agricultural privilege
1315	taxes is deferred pursuant to this paragraph, the district must
1316	record a notice in the official records of each county in which
1317	vegetable acreage subject to such deferment is located. The
1318	recorded notice must describe each parcel of property as to
1319	which C-139 agricultural privilege taxes have been deferred and
1320	the amount deferred for such property. If all or any portion of
1321	the property as to which C-139 agricultural privilege taxes have
1322	been deferred ceases to be classified as agricultural under the
1323	provisions of chapter 193 or otherwise subject to the C-139
1324	agricultural privilege tax, all deferred amounts must be
1325	included on the tax notice for such property mailed in November
1326	of the first tax year for which such property is not subject to
1327	the C-139 agricultural privilege tax. After a property owner has
1328	paid all outstanding C-139 agricultural privilege taxes,
1329	including any deferred amounts, the district shall provide the
1330	property owner with a recordable instrument evidencing the
1331	payment of all outstanding amounts.
1332	3. The owner, lessee, or other appropriate interestholder
1333	shall file an application with the executive director of the
1334	district prior to July 1 for classification of a portion of the
1335	property as vegetable acreage on the C-139 agricultural
1336	privilege tax roll to be certified for the tax notice mailed in
1337	November of the same calendar year and shall have the burden of
1338	proving the number of acres used for the production of vegetable
1339	crops during the year in which incentive credits are determined
1340	and the period of such use. The governing board of the district
1341	shall deny or grant the application by resolution adopted prior
1342	to or at the time of the adoption of its resolution certifying
1343	the annual C-139 agricultural privilege tax roll to the
1344	appropriate tax collector.
1345	4. This paragraph does not relieve vegetable acreage from
1346	the performance of best management practices specified in
1347	chapter 40E-63, Florida Administrative Code.
1348	(e) Any owner, lessee, or other appropriate interestholder
1349	of property subject to the C-139 agricultural privilege tax may
1350	contest the C-139 agricultural privilege tax by filing an action
1351	in circuit court.
1352	1. No action may be brought to contest the C-139
1353	agricultural privilege tax after 60 days from the date the tax
1354	notice that includes the C-139 agricultural privilege tax is
1355	mailed by the tax collector. Before an action to contest the C-
1356	139 agricultural privilege tax may be brought, the taxpayer
1357	shall pay to the tax collector the amount of the C-139
1358	agricultural privilege tax which the taxpayer admits in good
1359	faith to be owing. The tax collector shall issue a receipt for
1360	the payment and the receipt shall be filed with the complaint.
1361	Payment of an C-139 agricultural privilege tax shall not be
1362	deemed an admission that such tax was due and shall not
1363	prejudice the right to bring a timely action to challenge such
1364	tax and seek a refund. No action to contest the C-139
1365	agricultural privilege tax may be maintained, and such action
1366	shall be dismissed, unless all C-139 agricultural privilege
1367	taxes imposed in years after the action is brought, which the
1368	taxpayer in good faith admits to be owing, are paid before they
1369	become delinquent. The requirements of this paragraph are
1370	jurisdictional.
1371	2. In any action involving a challenge of the C-139
1372	agricultural privilege tax, the court shall assess all costs. If
1373	the court finds that the amount of tax owed by the taxpayer is
1374	greater than the amount the taxpayer has in good faith admitted
1375	and paid, it shall enter judgment against the taxpayer for the
1376	deficiency and for interest on the deficiency at the rate of 12
1377	percent per year from the date the tax became delinquent. If it
1378	finds that the amount of tax which the taxpayer has admitted to
1379	be owing is grossly disproportionate to the amount of tax found
1380	to be due and that the taxpayer's admission was not made in good
1381	faith, the court shall also assess a penalty at the rate of 25
1382	percent of the deficiency per year from the date the tax became
1383	delinquent. The court may issue injunctions to restrain the sale
1384	of property for any C-139 agricultural privilege tax which
1385	appears to be contrary to law or equity.
1386	(f) Notwithstanding any contrary provisions in chapter
1387	120, or any provision of any other law, an action in circuit
1388	court shall be the exclusive remedy to challenge the assessment
1389	of an C-139 agricultural privilege tax and owners of property
1390	subject to the C-139 agricultural privilege tax shall have no
1391	right or standing to initiate administrative proceedings under
1392	chapter 120 to challenge the assessment of an C-139 agricultural
1393	privilege tax including specifically, and without limitation,
1394	the annual certification by the district governing board of the
1395	C-139 agricultural privilege tax roll to the appropriate tax
1396	collector, the denial of an application for exclusion from the
1397	C-139 agricultural privilege tax, and the denial of any
1398	application for classification as vegetable acreage, deferment
1399	of payment for vegetable acreage, or correction of any alleged
1400	error in the C-139 agricultural privilege tax roll.
1401	(g) In recognition of the findings set forth in subsection
1402	(1), the Legislature finds that the assessment and use of the C-
1403	139 agricultural privilege tax is a matter of concern to all
1404	areas of Florida and the Legislature intends this section to be
1405	a general law authorization of the tax within the meaning of s.
1406	9, Art. VII of the State Constitution.
1407	(10) LONG-TERM COMPLIANCE PERMITS.--By December 31, 2006,
1408	the department and the district shall take such action as may be
1409	necessary to implement the pre-2006 projects and strategies of
1410	the Long-Term Planso that water delivered to the Everglades
1411	Protection Area achieves, in all parts of the Everglades
1412	Protection Area,state water quality standards, including the
1413	phosphorus criterion and moderating provisions, to the maximum
1414	extent practicable. Under no circumstances shall the project or
1415	strategy cause or contribute to violation of state water quality
1416	standards, in all parts of the Everglades Protection Area.
1417	(a) By December 31, 2003, the district shall submit to the
1418	department an application forapermit modification to
1419	incorporate proposed changes to the Everglades Construction
1420	Project and other district works delivering water to the
1421	Everglades Protection Area as needed to implement the pre-2006
1422	projects and strategies of the Long-Term Plan in all permits
1423	issued by the department, includingandthe permits issued
1424	pursuant to subsection (9). These changes shall be designed to
1425	achieve state water quality standards, includingcompliance with
1426	the phosphorus criterion and moderating provisions, to the
1427	maximum extent practicable. Under no circumstances shall the
1428	project or strategy cause or contribute to violation of state
1429	water quality standards. During the implementation of the Long-
1430	Term Plan, permits issued by the department shall be technology
1431	based and shall not include numeric discharge limits as provided
1432	in subparagraph (4)(e)3.the other state water quality standards
1433	by December 31, 2006.
1434	(b) If the Everglades Construction Project or other
1435	discharges to the Everglades Protection Area are not in
1436	compliance with state water quality standards, the permit
1437	application shall include:
1438	1. A plan for achieving compliance with the phosphorus
1439	criterion in the Everglades Protection Area.
1440	2. A plan for achieving compliance in the Everglades
1441	Protection Area with state water quality standards other than
1442	the phosphorus criterion.
1443	3. Proposed cost estimates for the plans referred to in
1444	subparagraphs 1. and 2.
1445	4. Proposed funding mechanisms for the plans referred to
1446	in subparagraphs 1. and 2.
1447	5. Proposed schedules for implementation of the plans
1448	referred to in subparagraphs 1. and 2.
1449	(c) If the Everglades Construction Project or other
1450	discharges to the Everglades Protection Area are in compliance
1451	with state water quality standards, including the phosphorus
1452	criterion, the permit application shall include:
1453	1. A plan for maintaining compliance with the phosphorus
1454	criterion in the Everglades Protection Area.
1455	2. A plan for maintaining compliance in the Everglades
1456	Protection Area with state water quality standards other than
1457	the phosphorus criterion.
1458	(16) DEFINITION OF C-139 BASIN.--For purposes of this
1459	section:
1460	(a) "C-139 Basin" or "Basin" means the following described
1461	property: beginning at the intersection of an easterly extension
1462	of the south bank of Deer Fence Canal with the center line of
1463	South Florida Water Management District's Levee 3 in Section 33,
1464	Township 46 South, Range 34 East, Hendry County, Florida;
1465	thence, westerly along said easterly extension and along the
1466	South bank of said Deer Fence Canal to where it intersects the
1467	center line of State Road 846 in Section 33, Township 46 South,
1468	Range 32 East; thence, departing from said top of bank to the
1469	center line of said State Road 846, westerly along said center
1470	line of said State Road 846 to the West line of Section 4,
1471	Township 47 South, Range 31 East; thence, northerly along the
1472	West line of said section 4, and along the west lines of
1473	Sections 33 and 28, Township 46 South, Range 31 East, to the
1474	northwest corner of said Section 28; thence, easterly along the
1475	North line of said Section 28 to the North one-quarter (N1/4)
1476	corner of said Section 28; thence, northerly along the West line
1477	of the Southeast one-quarter (SE1/4) of Section 21, Township 46
1478	South, Range 31 East, to the northwest corner of said Southeast
1479	one-quarter (SE1/4) of Section 21; thence, easterly along the
1480	North line of said Southeast one-quarter (SE1/4) of Section 21 to
1481	the northeast corner of said Southeast one-quarter (SE1/4) of
1482	Section 21; thence, northerly along the East line of said
1483	Section 21 and the East line of Section 16, Township 46 South,
1484	Range 31, East, to the northeast corner thereof; thence,
1485	westerly along the North line of said Section 16, to the
1486	northwest corner thereof; thence, northerly along the West line
1487	of Sections 9 and 4, Township 46 South, Range 31, East, to the
1488	northwest corner of said Section 4; thence, westerly along the
1489	North lines of Section 5 and Section 6, Township 46 South, Range
1490	31 East, to the South one-quarter (S1/4) corner of Section 31,
1491	Township 45 South, Range 31 East; thence, northerly to the South
1492	one-quarter (S1/4) corner of Section 30, Township 45 South, Range
1493	31 East; thence, easterly along the South line of said Section
1494	30 and the South lines of Sections 29 and 28, Township 45 South,
1495	Range 31 East, to the Southeast corner of said Section 28;
1496	thence, northerly along the East line of said Section 28 and the
1497	East lines of Sections 21 and 16, Township 45 South, Range 31
1498	East, to the Northwest corner of the Southwest one-quarter of
1499	the Southwest one-quarter (SW1/4 of the SW 1/4) of Section 15,
1500	Township 45 South, Range 31 East; thence, northeasterly to the
1501	east one-quarter (E1/4) corner of Section 15, Township 45 South,
1502	Range 31 East; thence, northerly along the East line of said
1503	Section 15, and the East line of Section 10, Township 45 South,
1504	Range 31 East, to the center line of a road in the Northeast
1505	one-quarter (NE1/4) of said Section 10; thence, generally
1506	easterly and northeasterly along the center line of said road to
1507	its intersection with the center line of State Road 832; thence,
1508	easterly along said center line of said State Road 832 to its
1509	intersection with the center line of State Road 833; thence,
1510	northerly along said center line of said State Road 833 to the
1511	north line of Section 9, Township 44 South, Range 32 East;
1512	thence, easterly along the North line of said Section 9 and the
1513	north lines of Sections 10, 11 and 12, Township 44 South, Range
1514	32 East, to the northeast corner of Section 12, Township 44
1515	South, Range 32 East; thence, easterly along the North line of
1516	Section 7, Township 44 South, Range 33 East, to the center line
1517	of Flaghole Drainage District Levee, as it runs to the east near
1518	the northwest corner of said Section 7, Township 44 South, Range
1519	33 East; thence, easterly along said center line of the Flaghole
1520	Drainage District Levee to where it meets the center line of
1521	South Florida Water Management District's Levee 1 at Flag Hole
1522	Road; thence, continue easterly along said center line of said
1523	Levee 1 to where it turns south near the Northwest corner of
1524	Section 12, Township 44 South, Range 33 East; thence, Southerly
1525	along said center line of said Levee 1 to where the levee turns
1526	east near the Southwest corner of said Section 12; thence,
1527	easterly along said center line of said Levee 1 to where it
1528	turns south near the Northeast corner of Section 17, Township 44
1529	South, Range 34 East; thence, southerly along said center line
1530	of said Levee 1 and the center line of South Florida Water
1531	Management District's Levee 2 to the intersection with the north
1532	line of Section 33, Township 45 South, Range 34 East; thence,
1533	easterly along the north line of said Section 33 to the
1534	northeast corner of said Section 33; thence, southerly along the
1535	east line of said Section 33 to the southeast corner of said
1536	Section 33; thence, southerly along the east line of Section 4,
1537	Township 46 South, Range 34 East to the southeast corner of said
1538	Section 4; thence, westerly along the south line of said Section
1539	4 to the intersection with the centerline of South Florida Water
1540	Management District's Levee 2; thence, southerly along said
1541	Levee 2 centerline and South Florida Water Management District's
1542	Levee 3 centerline to the POINT OF BEGINNING. Sections 21, 28,
1543	and 33, Township 46 South, Range 31 East, are not included
1544	within the boundary of the C-139 Basin.
1545	(b) If the district issues permits in accordance with all
1546	applicable rules allowing water from the "C-139 Annex" to flow
1547	into the drainage system for the C-139 Basin, the C-139 Annex
1548	shall be added to the C-139 Basin for all tax years thereafter,
1549	commencing with the next C-139 agricultural privilege tax roll
1550	certified after issuance of such permits. "C-139 Annex" means
1551	the following described property: that part of the S.E. 1/4 of
1552	Section 32, Township 46 South, Range 34 East and that portion of
1553	Sections 5 and 6, Township 47 South, Range 34 East lying west of
1554	the L-3 Canal and South of the Deer Fence Canal; all of Sections
1555	7, 17, 18, 19, 20, 28, 29, 30, 31, 32, 33, and 34, and that
1556	portion of Sections 8, 9, 16, 21, 22, 26, 27, 35, and 36 lying
1557	south and west of the L-3 Canal, in Township 47 South, Range 34
1558	East; and all of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 and
1559	that portion of Section 1 lying south and west of the L-3 Canal
1560	all in Township 48 South, Range 34 East.
1561	(17) SHORT TITLE. This section shall be known as the
1562	“Everglades Forever Act.”
1563	Section 2. Section 3 of chapter 96-412, Laws of Florida,
1564	and section 84 of chapter 96-321, Laws of Florida, are repealed.
1565	Section 3. This act shall take effect upon becoming a law.