Senate Bill sb0626e1

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    CS for SB 626                            First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Everglades Forever Act;

  3         amending s. 373.4592, F.S.; providing

  4         definitions; re-naming the Everglades Swim Plan

  5         as the Everglades Long-Term Plan; establishing

  6         legislative findings and providing legislative

  7         intent; providing that revisions to the

  8         Long-Term Plan be incorporated into the plan;

  9         requiring implementation of the initial phase

10         of the Long-Term Plan; providing for review by

11         the Department of Environmental Protection of

12         certain projects and incremental phosphorus

13         reduction measures; requiring that the initial

14         phase of the Long-Term Plan achieve water

15         quality standards relating to phosphorus

16         criterion in the Everglades Protection Area;

17         providing for the use of ad valorem tax

18         proceeds; providing a schedule for enhancements

19         to the Everglades Construction Project;

20         deleting obsolete provisions; requiring that

21         rules adopting phosphorus criterion include

22         moderating provisions; requiring that permits

23         issued by the department be based on best

24         available phosphorus reduction technology and

25         include technology-based effluent limitations;

26         providing for computation of the Everglades

27         Agricultural Area privilege tax; implementing

28         the provisions of s. 7(b), Art. II of the State

29         Constitution; providing for the computation of

30         the C-139 agricultural privilege tax; providing

31         permit requirements for long-term compliance


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    CS for SB 626                            First Engrossed (ntc)



 1         permits; repealing s. 3 of chapter 96-412, Laws

 2         of Florida; repealing s. 84 of chapter 96-321,

 3         Laws of Florida; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsections (2), (3), and (4), paragraphs

 8  (c) and (h) of subsection (6), and subsections (7), (10), and

 9  (16), of section 373.4592, Florida Statutes, are amended, and

10  subsection (17) of that section is reenacted, to read:

11         373.4592  Everglades improvement and management.--

12         (2)  DEFINITIONS.--As used in this section:

13         (a)  "Best available phosphorus reduction technology"

14  or "BAPRT" means a combination of BMPs and STAs which includes

15  a continuing research and monitoring program to reduce outflow

16  concentrations of phosphorus so as to achieve the phosphorus

17  criterion in the Everglades Protection Area at the earliest

18  practicable date.

19         (b)(a)  "Best management practice" or "BMP" means a

20  practice or combination of practices determined by the

21  district, in cooperation with the department, based on

22  research, field-testing, and expert review, to be the most

23  effective and practicable, including economic and

24  technological considerations, on-farm means of improving water

25  quality in agricultural discharges to a level that balances

26  water quality improvements and agricultural productivity.

27         (c)(b)  "C-139 Basin" or "Basin" means those lands

28  described in subsection (16).

29         (d)(c)  "Department" means the Florida Department of

30  Environmental Protection.

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         (e)(d)  "District" means the South Florida Water

 2  Management District.

 3         (f)(e)  "Everglades Agricultural Area" or "EAA" means

 4  the Everglades Agricultural Area, which are those lands

 5  described in subsection (15).

 6         (g)(f)  "Everglades Construction Project" means the

 7  project described in the February 15, 1994, conceptual design

 8  document together with construction and operation schedules on

 9  file with the South Florida Water Management District, except

10  as modified by this section and further described in the

11  Long-Term Plan.

12         (h)(g)  "Everglades Program" means the program of

13  projects, regulations, and research provided by this section,

14  including the Everglades Construction Project.

15         (i)(h)  "Everglades Protection Area" means Water

16  Conservation Areas 1, 2A, 2B, 3A, and 3B, the Arthur R.

17  Marshall Loxahatchee National Wildlife Refuge, and the

18  Everglades National Park.

19         (j)  "Long-Term Plan" or "Plan" means the district's

20  "Everglades Protection Area Tributary Basins Conceptual Plan

21  for Achieving Long-Term Water Quality Goals Final Report"

22  dated March 2003, as modified herein.

23         (k)(i)  "Master permit" means a single permit issued to

24  a legally responsible entity defined by rule, authorizing the

25  construction, alteration, maintenance, or operation of

26  multiple stormwater management systems that may be owned or

27  operated by different persons and which provides an

28  opportunity to achieve collective compliance with applicable

29  department and district rules and the provisions of this

30  section.

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         (l)  "Optimization" shall mean maximizing the potential

 2  treatment effectiveness of the STAs through measures such as

 3  additional compartmentalization, improved flow control,

 4  vegetation management, or operation refinements, in

 5  combination with improvements where practicable in urban and

 6  agricultural BMPs, and includes integration with

 7  Congressionally authorized components of the Comprehensive

 8  Everglades Restoration Plan or "CERP".

 9         (m)(j)  "Phosphorus criterion" means a numeric

10  interpretation for phosphorus of the Class III narrative

11  nutrient criterion.

12         (n)(k)  "Stormwater management program" shall have the

13  meaning set forth in s. 403.031(15).

14         (o)(l)  "Stormwater treatment areas" or "STAs" means

15  those treatment areas described and depicted in the district's

16  conceptual design document of February 15, 1994, and any

17  modifications as provided in this section.

18         (p)  "Technology-based effluent limitation" or "TBEL"

19  means the technology-based treatment requirements as defined

20  in Rule 62-650.200, Florida Administrative Code.

21         (3)  EVERGLADES LONG-TERM SWIM PLAN.--

22         (a)  The Legislature finds that the Everglades Program

23  required by this section establishes more extensive and

24  comprehensive requirements for surface water improvement and

25  management within the Everglades than the SWIM plan

26  requirements provided in ss. 373.451-373.456. In order to

27  avoid duplicative requirements, and in order to conserve the

28  resources available to the district, the SWIM plan

29  requirements of those sections shall not apply to the

30  Everglades Protection Area and the EAA during the term of the

31  Everglades Program, and the district will neither propose, nor


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    CS for SB 626                            First Engrossed (ntc)



 1  take final agency action on, any Everglades SWIM plan for

 2  those areas until the Everglades Program is fully

 3  implemented.; however, Funds under s. 259.101(3)(b) may be

 4  used for acquisition of lands necessary to implement the

 5  Everglades Construction Project, to the extent these funds are

 6  identified in the Statement of Principles of July 1993. The

 7  district's actions in implementing the Everglades Construction

 8  Project relating to the responsibilities of the EAA and C-139

 9  Basin for funding and water quality compliance in the EAA and

10  the Everglades Protection Area shall be governed by this

11  section. Other strategies or activities in the March 1992

12  Everglades SWIM plan may be implemented if otherwise

13  authorized by law.

14         (b)  The Legislature finds that the most reliable means

15  of optimizing the performance of STAs and achieving reasonable

16  further progress in reducing phosphorus entering the

17  Everglades Protection Area is to utilize a long-term planning

18  process. The Legislature finds that the Long-Term Plan

19  provides the best available phosphorus reduction technology

20  based upon a combination of the BMPs and STAs described in the

21  Plan provided that the Plan shall seek to achieve the

22  phosphorus criterion in the Everglades Protection Area at the

23  earliest practicable date. The Long-Term Plan will be

24  implemented and revised with the planning goal and objective

25  of achieving the phosphorus criterion to be adopted pursuant

26  to subparagraph (4)(e)2. in the Everglades Protection Area at

27  the earliest practicable date, and not based on any planning

28  goal or objective in the Plan that is inconsistent with this

29  section. Revisions to the Long-Term Plan shall be incorporated

30  through an adaptive management approach including a process

31  development and engineering component to identify and


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    CS for SB 626                            First Engrossed (ntc)



 1  implement incremental optimization measures for further

 2  phosphorus reductions at the earliest practicable date.

 3         (c)  It is the intent of the Legislature that

 4  implementation of the Long-Term Plan shall be integrated and

 5  consistent with the implementation of the projects and

 6  activities in the Congressionally authorized components of the

 7  CERP so that unnecessary and duplicative costs will be

 8  avoided. Nothing in this section shall modify any existing

 9  cost share or responsibility provided for projects listed in

10  s. 528 of the Water Resources Development Act of 1996 (110

11  Stat. 3769) or provided for projects listed in section 601 of

12  the Water Resources Development Act of 2000 (114 Stat. 2572).

13  The Legislature does not intend for the provisions of this

14  section to diminish commitments made by the State of Florida

15  to restore and maintain water quality in the Everglades

16  Protection Area, including the federal lands in the settlement

17  agreement referenced in paragraph (4)(e).

18         (d)  The Legislature recognizes that the Long-Term Plan

19  contains an initial phase and a 10-year second phase. The

20  Legislature intends that a review of this act at least 10

21  years after implementation of the initial phase is appropriate

22  and necessary to the public interest. The review is the best

23  way to ensure that discharges to the Everglades Protection

24  Area are achieving state water quality standards, including

25  phosphorus reduction, to the maximum extent practicable, and

26  are using the best technology available. A 10-year second

27  phase of the Long-Term Plan must be approved by the

28  Legislature and codified in this act prior to implementation

29  of projects, but not prior to development, review, and

30  approval of projects by the department.

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         (e)  The Long-Term Plan shall be implemented for an

 2  initial 13-year phase (2003-2016) and shall, to the maximum

 3  extent practicable, achieve water quality standards relating

 4  to the phosphorus criterion in the Everglades Protection Area

 5  as determined by a network of monitoring stations established

 6  for this purpose. Not later than December 31, 2008, and each 5

 7  years thereafter, the department shall review and approve

 8  incremental phosphorus reduction measures to be implemented at

 9  the earliest practicable date.

10         (4)  EVERGLADES PROGRAM.--

11         (a)  Everglades Construction Project.--The district

12  shall implement the Everglades Construction Project. By the

13  time of completion of the project, the state, district, or

14  other governmental authority shall purchase the inholdings in

15  the Rotenberger and such other lands necessary to achieve a

16  2:1 mitigation ratio for the use of Brown's Farm and other

17  similar lands, including those needed for the STA 1 Inflow and

18  Distribution Works. The inclusion of public lands as part of

19  the project is for the purpose of treating waters not coming

20  from the EAA for hydroperiod restoration. It is the intent of

21  the Legislature that the district aggressively pursue the

22  implementation of the Everglades Construction Project in

23  accordance with the schedule in this subsection. The

24  Legislature recognizes that adherence to the schedule is

25  dependent upon factors beyond the control of the district,

26  including the timely receipt of funds from all contributors.

27  The district shall take all reasonable measures to complete

28  timely performance of the schedule in this section in order to

29  finish the Everglades Construction Project. The district shall

30  not delay implementation of the project beyond the time delay

31  caused by those circumstances and conditions that prevent


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    CS for SB 626                            First Engrossed (ntc)



 1  timely performance. The district shall not levy ad valorem

 2  taxes in excess of 0.1 mill within the Okeechobee Basin for

 3  the purposes of the design, construction, and acquisition of

 4  the Everglades Construction Project. The ad valorem tax

 5  proceeds not exceeding 0.1 mill levied within the Okeechobee

 6  Basin for such purposes shall also be used for design,

 7  construction, and implementation of the initial phase of the

 8  Long-Term Plan, including operation and maintenance, and

 9  research for the projects and strategies in the initial phase

10  of the Long-Term Plan, and including the enhancements and

11  operation and maintenance of the Everglades Construction

12  Project and shall be the sole direct district contribution

13  from district ad valorem taxes appropriated or expended for

14  the design, construction, and acquisition of the Everglades

15  Construction Project unless the Legislature by specific

16  amendment to this section increases the 0.1 mill ad valorem

17  tax contribution, increases the agricultural privilege taxes,

18  or otherwise reallocates the relative contribution by ad

19  valorem taxpayers and taxpayers paying the agricultural

20  privilege taxes toward the funding of the design,

21  construction, and acquisition of the Everglades Construction

22  Project. Notwithstanding the provisions of s. 200.069 to the

23  contrary, any millage levied under the 0.1 mill limitation in

24  this paragraph shall be included as a separate entry on the

25  Notice of Proposed Property Taxes pursuant to s. 200.069. Once

26  the STAs are completed, the district shall allow these areas

27  to be used by the public for recreational purposes in the

28  manner set forth in s. 373.1391(1) s. 373.59(11), considering

29  the suitability of these lands for such uses. These lands

30  shall be made available for recreational use unless the

31  district governing board can demonstrate that such uses are


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    CS for SB 626                            First Engrossed (ntc)



 1  incompatible with the restoration goals of the Everglades

 2  Construction Project or the water quality and hydrological

 3  purposes of the STAs or would otherwise adversely impact the

 4  implementation of the project. The district shall give

 5  preferential consideration to the hiring of agricultural

 6  workers displaced as a result of the Everglades Construction

 7  Project, consistent with their qualifications and abilities,

 8  for the construction and operation of these STAs. The

 9  following milestones apply to the completion of the Everglades

10  Construction Project as depicted in the February 15, 1994,

11  conceptual design document:

12         1.  The district must complete the final design of the

13  STA 1 East and West and pursue STA 1 East project components

14  as part of a cost-shared program with the Federal Government.

15  The district must be the local sponsor of the federal project

16  that will include STA 1 East, and STA 1 West if so authorized

17  by federal law. Land acquisition shall be completed for STA 1

18  West by April 1, 1996, and for STA 1 East by July 1, 1998;

19         2.  Construction of STA 1 East is to be completed under

20  the direction of the United States Army Corps of Engineers in

21  conjunction with the currently authorized C-51 flood control

22  project by July 1, 2002;

23         3.  The district must complete construction of STA 1

24  West and STA 1 Inflow and Distribution Works under the

25  direction of the United States Army Corps of Engineers, if the

26  direction is authorized under federal law, in conjunction with

27  the currently authorized C-51 flood control project, by

28  January 1, 1999;

29         4.  The district must complete construction of STA 2 by

30  February 1, 1999;

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         4.5.  The district must complete construction of STA

 2  3/4 by October 1, 2003; however, the district may modify this

 3  schedule to incorporate and accelerate enhancements to STA 3/4

 4  as directed in the Long-Term Plan;

 5         6.  The district must complete construction of STA 5 by

 6  January 1, 1999; and

 7         5.7.  The district must complete construction of STA 6;

 8  by October 1, 1997.

 9         6.  The district must, by December 31, 2006, complete

10  construction of enhancements to the Everglades Construction

11  Project recommended in the Long-Term Plan and initiate other

12  pre-2006 strategies in the plan; and

13         7.8.  East Beach Water Control District, South Shore

14  Drainage District, South Florida Conservancy District, East

15  Shore Water Control District, and the lessee of agricultural

16  lease number 3420 shall complete any system modifications

17  described in the Everglades Construction Project to the extent

18  that funds are available from the Everglades Fund. These

19  entities shall divert the discharges described within the

20  Everglades Construction Project within 60 days of completion

21  of construction of the appropriate STA. Such required

22  modifications shall be deemed to be a part of each district's

23  plan of reclamation pursuant to chapter 298.

24         (b)  Everglades water supply and hydroperiod

25  improvement and restoration.--

26         1.  A comprehensive program to revitalize the

27  Everglades shall include programs and projects to improve the

28  water quantity reaching the Everglades Protection Area at

29  optimum times and improve hydroperiod deficiencies in the

30  Everglades ecosystem. To the greatest extent possible,

31  wasteful discharges of fresh water to tide shall be reduced,


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    CS for SB 626                            First Engrossed (ntc)



 1  and water conservation practices and reuse measures shall be

 2  implemented by water users, consistent with law. Water supply

 3  management must include improvement of water quantity reaching

 4  the Everglades, correction of long-standing hydroperiod

 5  problems, and an increase in the total quantity of water

 6  flowing through the system. Water supply management must

 7  provide water supply for the Everglades National Park, the

 8  urban and agricultural areas, and the Florida Bay and must

 9  replace water previously available from the coastal ridge

10  areas of southern Dade County. The Everglades Construction

11  Project redirects some water currently lost to tide. It is an

12  important first step in completing hydroperiod improvement.

13         2.  The district shall operate the Everglades

14  Construction Project as specified in the February 15, 1994,

15  conceptual design document, to provide additional inflows to

16  the Everglades Protection Area. The increased flow from the

17  project shall be directed to the Everglades Protection Area as

18  needed to achieve an average annual increase of 28 percent

19  compared to the baseline years of 1979 to 1988. Consistent

20  with the design of the Everglades Construction Project and

21  without demonstratively reducing water quality benefits, the

22  regulatory releases will be timed and distributed to the

23  Everglades Protection Area to maximize environmental benefits.

24         3.  The district shall operate the Everglades

25  Construction Project in accordance with the February 15, 1994,

26  conceptual design document to maximize the water quantity

27  benefits and improve the hydroperiod of the Everglades

28  Protection Area. All reductions of flow to the Everglades

29  Protection Area from BMP implementation will be replaced. The

30  district shall develop a model to be used for quantifying the

31  amount of water to be replaced. The district shall publish in


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    CS for SB 626                            First Engrossed (ntc)



 1  the Florida Administrative Weekly a notice of rule development

 2  on the model no later than July 1, 1994, and a notice of

 3  rulemaking no later than July 1, 1995. The timing and

 4  distribution of this replaced water will be directed to the

 5  Everglades Protection Area to maximize the natural balance of

 6  the Everglades Protection Area.

 7         4.  The Legislature recognizes the complexity of the

 8  Everglades watershed, as well as legal mandates under Florida

 9  and federal law. As local sponsor of the Central and Southern

10  Florida Flood Control Project, the district must coordinate

11  its water supply and hydroperiod programs with the Federal

12  Government. Federal planning, research, operating guidelines,

13  and restrictions for the Central and Southern Florida Flood

14  Control Project now under review by federal agencies will

15  provide important components of the district's Everglades

16  Program. The department and district shall use their best

17  efforts to seek the amendment of the authorized purposes of

18  the project to include water quality protection, hydroperiod

19  restoration, and environmental enhancement as authorized

20  purposes of the Central and Southern Florida Flood Control

21  Project, in addition to the existing purposes of water supply,

22  flood protection, and allied purposes. Further, the department

23  and the district shall use their best efforts to request that

24  the Federal Government include in the evaluation of the

25  regulation schedule for Lake Okeechobee a review of the

26  regulatory releases, so as to facilitate releases of water

27  into the Everglades Protection Area which further improve

28  hydroperiod restoration.

29         5.  The district, through cooperation with the federal

30  and state agencies, shall develop other programs and methods

31  


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    CS for SB 626                            First Engrossed (ntc)



 1  to increase the water flow and improve the hydroperiod of the

 2  Everglades Protection Area.

 3         6.  Nothing in this section is intended to provide an

 4  allocation or reservation of water or to modify the provisions

 5  of part II. All decisions regarding allocations and

 6  reservations of water shall be governed by applicable law.

 7         7.  The district shall proceed to expeditiously

 8  implement the minimum flows and levels for the Everglades

 9  Protection Area as required by s. 373.042 and shall

10  expeditiously complete the Lower East Coast Water Supply Plan.

11         (c)  STA 3/4 modification.--The Everglades Program will

12  contribute to the restoration of the Rotenberger and Holey

13  Land tracts. The Everglades Construction Project provides a

14  first step toward restoration by improving hydroperiod with

15  treated water for the Rotenberger tract and by providing a

16  source of treated water for the Holey Land. It is further the

17  intent of the Legislature that the easternmost tract of the

18  Holey Land, known as the "Toe of the Boot," be removed from

19  STA 3/4 under the circumstances set forth in this paragraph.

20  The district shall proceed to modify the Everglades

21  Construction Project, provided that the redesign achieves at

22  least as many environmental and hydrological benefits as are

23  included in the original design, including treatment of waters

24  from sources other than the EAA, and does not delay

25  construction of STA 3/4. The district is authorized to use

26  eminent domain to acquire alternative lands, only if such

27  lands are located within 1 mile of the northern border of STA

28  3/4.

29         (d)  Everglades research and monitoring program.--

30         1.  By January 1996, The department and the district

31  shall review and evaluate available water quality data for the


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    CS for SB 626                            First Engrossed (ntc)



 1  Everglades Protection Area and tributary waters and identify

 2  any additional information necessary to adequately describe

 3  water quality in the Everglades Protection Area and tributary

 4  waters. By such date, The department and the district shall

 5  also initiate a research and monitoring program to generate

 6  such additional information identified and to evaluate the

 7  effectiveness of the BMPs and STAs, as they are implemented,

 8  in improving water quality and maintaining designated and

 9  existing beneficial uses of the Everglades Protection Area and

10  tributary waters. As part of the program, the district shall

11  monitor all discharges into the Everglades Protection Area for

12  purposes of determining compliance with state water quality

13  standards.

14         2.  The research and monitoring program shall evaluate

15  the ecological and hydrological needs of the Everglades

16  Protection Area, including the minimum flows and levels.

17  Consistent with such needs, the program shall also evaluate

18  water quality standards for the Everglades Protection Area and

19  for the canals of the EAA, so that these canals can be

20  classified in the manner set forth in paragraph (e) and

21  protected as an integral part of the water management system

22  which includes the STAs of the Everglades Construction Project

23  and allows landowners in the EAA to achieve applicable water

24  quality standards compliance by BMPs and STA treatment to the

25  extent this treatment is available and effective.

26         3.  The research and monitoring program shall include

27  research seeking to optimize the design and operation of the

28  STAs, including research to reduce outflow concentrations, and

29  to identify other treatment and management methods and

30  regulatory programs that are superior to STAs in achieving the

31  intent and purposes of this section.


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    CS for SB 626                            First Engrossed (ntc)



 1         4.  The research and monitoring program shall be

 2  conducted to allow completion by December 2001 of any research

 3  necessary to allow the department to propose a phosphorus

 4  criterion in the Everglades Protection Area, and to evaluate

 5  existing state water quality standards applicable to the

 6  Everglades Protection Area and existing state water quality

 7  standards and classifications applicable to the EAA canals. In

 8  developing the phosphorus criterion, the department shall also

 9  consider the minimum flows and levels for the Everglades

10  Protection Area and the district's water supply plans for the

11  Lower East Coast.

12         5.  The district, in cooperation with the department,

13  shall prepare a peer-reviewed interim report regarding the

14  research and monitoring program, which shall be submitted no

15  later than January 1, 1999, to the Governor, the President of

16  the Senate, and the Speaker of the House of Representatives

17  for their review. The interim report shall summarize all data

18  and findings available as of July 1, 1998, on the

19  effectiveness of STAs and BMPs in improving water quality. The

20  interim report shall also include a summary of the

21  then-available data and findings related to the following: the

22  Lower East Coast Water Supply Plan of the district, the United

23  States Environmental Protection Agency Everglades Mercury

24  Study, the United States Army Corps of Engineers South Florida

25  Ecosystem Restoration Study, the results of research and

26  monitoring of water quality and quantity in the Everglades

27  region, the degree of phosphorus discharge reductions achieved

28  by BMPs and agricultural operations in the region, the current

29  information on the ecological and hydrological needs of the

30  Everglades, and the costs and benefits of phosphorus reduction

31  alternatives. Prior to finalizing the interim report, the


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    CS for SB 626                            First Engrossed (ntc)



 1  district shall conduct at least one scientific workshop and

 2  two public hearings on its proposed interim report. One public

 3  hearing must be held in Palm Beach County and the other must

 4  be held in either Dade or Broward County. The interim report

 5  shall be used by the department and the district in making any

 6  decisions regarding the implementation of the Everglades

 7  Construction Project subsequent to the completion of the

 8  interim report. The construction of STAs 3/4 shall not be

 9  commenced until 90 days after the interim report has been

10  submitted to the Governor and the Legislature.

11         5.6.  Beginning January 1, 2000, the district and the

12  department shall annually issue a peer-reviewed report

13  regarding the research and monitoring program that summarizes

14  all data and findings. The department shall provide copies of

15  the report to the Governor, the President of the Senate, and

16  the Speaker of the House of Representatives. The report shall

17  identify water quality parameters, in addition to phosphorus,

18  which exceed state water quality standards or are causing or

19  contributing to adverse impacts in the Everglades Protection

20  Area.

21         6.7.  The district shall continue research seeking to

22  optimize the design and operation of STAs and to identify

23  other treatment and management methods that are superior to

24  STAs in achieving optimum water quality and water quantity for

25  the benefit of the Everglades. The district shall optimize the

26  design and operation of the STAs described in the Everglades

27  Construction Project prior to expanding their size. Additional

28  methods to achieve compliance with water quality standards

29  shall not be limited to more intensive management of the STAs.

30         (e)  Evaluation of water quality standards.--

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         1.  The department and the district shall employ all

 2  means practicable to complete by December 31, 1998, any

 3  additional research necessary to:

 4         a.  Numerically interpret for phosphorus the Class III

 5  narrative nutrient criterion necessary to meet water quality

 6  standards in the Everglades Protection Area; and

 7         b.  Evaluate existing water quality standards

 8  applicable to the Everglades Protection Area and EAA canals.

 9  

10  This research shall be completed no later than December 31,

11  2001.

12         2.  By December 31, 2001, the department shall file a

13  notice of rulemaking in the Florida Administrative Weekly to

14  establish a phosphorus criterion in the Everglades Protection

15  Area. In no case shall such phosphorus criterion allow waters

16  in the Everglades Protection Area to be altered so as to cause

17  an imbalance in the natural populations of aquatic flora or

18  fauna. The phosphorus criterion shall be 10 parts per billion

19  (ppb) in the Everglades Protection Area in the event the

20  department does not adopt by rule such criterion by December

21  31, 2003. However, in the event the department fails to adopt

22  a phosphorus criterion on or before December 31, 2002, any

23  person whose substantial interests would be affected by the

24  rulemaking shall have the right, on or before February 28,

25  2003, to petition for a writ of mandamus to compel the

26  department to adopt by rule such criterion. Venue for the

27  mandamus action must be Leon County. The court may stay

28  implementation of the 10 parts per billion (ppb) criterion

29  during the pendency of the mandamus proceeding upon a

30  demonstration by the petitioner of irreparable harm in the

31  absence of such relief. The department's phosphorus criterion,


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    CS for SB 626                            First Engrossed (ntc)



 1  whenever adopted, shall supersede the 10 parts per billion

 2  (ppb) criterion otherwise established by this section, but

 3  shall not be lower than the natural conditions of the

 4  Everglades Protection Area and shall take into account spatial

 5  and temporal variability. The department's rule adopting a

 6  phosphorus criterion shall include moderating provisions

 7  during the implementation of the initial phase of the

 8  Long-Term Plan authorizing discharges based upon BAPRT

 9  providing net improvement to impacted areas. Discharges to

10  unimpacted areas may also be authorized by moderating

11  provisions, which shall require BAPRT, and which must be based

12  upon a determination by the department that the environmental

13  benefits of the discharge clearly outweigh potential adverse

14  impacts.

15         3.  The department shall use the best available

16  information to define relationships between waters discharged

17  to, and the resulting water quality in, the Everglades

18  Protection Area. The department or the district shall use

19  these relationships to establish discharge limits in permits

20  for discharges into the EAA canals and the Everglades

21  Protection Area necessary to prevent an imbalance in the

22  natural populations of aquatic flora or fauna in the

23  Everglades Protection Area, and to provide a net improvement

24  in the areas already impacted. During the implementation of

25  the initial phase of the Long-Term Plan, permits issued by the

26  department shall be based on BAPRT, and shall include

27  technology-based effluent limitations consistent with the

28  Long-Term Plan. Compliance with the phosphorus criterion shall

29  be based upon a long-term geometric mean of concentration

30  levels to be measured at sampling stations recognized from the

31  research to be reasonably representative of receiving waters


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    CS for SB 626                            First Engrossed (ntc)



 1  in the Everglades Protection Area, and so located so as to

 2  assure that the Everglades Protection Area is not altered so

 3  as to cause an imbalance in natural populations of aquatic

 4  flora and fauna and to assure a net improvement in the areas

 5  already impacted. For the Everglades National Park and the

 6  Arthur R. Marshall Loxahatchee National Wildlife Refuge, the

 7  method for measuring compliance with the phosphorus criterion

 8  shall be in a manner consistent with Appendices A and B,

 9  respectively, of the settlement agreement dated July 26, 1991,

10  entered in case No. 88-1886-Civ-Hoeveler, United States

11  District Court for the Southern District of Florida, that

12  recognizes and provides for incorporation of relevant

13  research.

14         4.  The department's evaluation of any other water

15  quality standards must include the department's

16  antidegradation standards and EAA canal classifications. In

17  recognition of the special nature of the conveyance canals of

18  the EAA, as a component of the classification process, the

19  department is directed to formally recognize by rulemaking

20  existing actual beneficial uses of the conveyance canals in

21  the EAA. This shall include recognition of the Class III

22  designated uses of recreation, propagation and maintenance of

23  a healthy, well-balanced population of fish and wildlife, the

24  integrated water management purposes for which the Central and

25  Southern Florida Flood Control Project was constructed, flood

26  control, conveyance of water to and from Lake Okeechobee for

27  urban and agricultural water supply, Everglades hydroperiod

28  restoration, conveyance of water to the STAs, and navigation.

29         (f)  EAA best management practices.--

30         1.  The district, in cooperation with the department,

31  shall develop and implement a water quality monitoring program


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    CS for SB 626                            First Engrossed (ntc)



 1  to evaluate the effectiveness of the BMPs in achieving and

 2  maintaining compliance with state water quality standards and

 3  restoring and maintaining designated and existing beneficial

 4  uses. The program shall include an analysis of the

 5  effectiveness of the BMPs in treating constituents that are

 6  not being significantly improved by the STAs. The monitoring

 7  program shall include monitoring of appropriate parameters at

 8  representative locations.

 9         2.  The district shall continue to require and enforce

10  the BMP and other requirements of chapters 40E-61 and 40E-63,

11  Florida Administrative Code, during the terms of the existing

12  permits issued pursuant to those rules. Chapter 40E-61,

13  Florida Administrative Code, may be amended to include the

14  BMPs required by chapter 40E-63, Florida Administrative Code.

15  Prior to the expiration of existing permits, and during each

16  5-year term of subsequent permits as provided for in this

17  section, those rules shall be amended to implement a

18  comprehensive program of research, testing, and implementation

19  of BMPs that will address all water quality standards within

20  the EAA and Everglades Protection Area. Under this program:

21         a.  EAA landowners, through the EAA Environmental

22  Protection District or otherwise, shall sponsor a program of

23  BMP research with qualified experts to identify appropriate

24  BMPs.

25         b.  Consistent with the water quality monitoring

26  program, BMPs will be field-tested in a sufficient number of

27  representative sites in the EAA to reflect soil and crop types

28  and other factors that influence BMP design and effectiveness.

29         c.  BMPs as required for varying crops and soil types

30  shall be included in permit conditions in the 5-year permits

31  issued pursuant to this section.


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    CS for SB 626                            First Engrossed (ntc)



 1         d.  The district shall conduct research in cooperation

 2  with EAA landowners to identify water quality parameters that

 3  are not being significantly improved either by the STAs or the

 4  BMPs, and to identify further BMP strategies needed to address

 5  these parameters.

 6         3.  The Legislature finds that through the

 7  implementation of the Everglades BMPs Program and the

 8  implementation of the Everglades Construction Project,

 9  reasonable further progress will be made towards addressing

10  water quality requirements of the EAA canals and the

11  Everglades Protection Area. Permittees within the EAA and the

12  C-139 Basin who are in full compliance with the conditions of

13  permits under chapters 40E-61 and 40E-63, Florida

14  Administrative Code, have made all payments required under the

15  Everglades Program, and are in compliance with subparagraph

16  (a)8., if applicable, shall not be required to implement

17  additional water quality improvement measures, prior to

18  December 31, 2006, other than those required by subparagraph

19  2., with the following exceptions:

20         a.  Nothing in this subparagraph shall limit the

21  existing authority of the department or the district to limit

22  or regulate discharges that pose a significant danger to the

23  public health and safety; and

24         b.  New land uses and new stormwater management

25  facilities other than alterations to existing agricultural

26  stormwater management systems for water quality improvements

27  shall not be accorded the compliance established by this

28  section. Permits may be required to implement improvements or

29  alterations to existing agricultural water management systems.

30         4.  As of December 31, 2006, all permits, including

31  those issued prior to that date, shall require implementation


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    CS for SB 626                            First Engrossed (ntc)



 1  of additional water quality measures, taking into account the

 2  water quality treatment actually provided by the STAs and the

 3  effectiveness of the BMPs. As of that date, no permittee's

 4  discharge shall cause or contribute to any violation of water

 5  quality standards in the Everglades Protection Area.

 6         5.  Effective immediately, landowners within the C-139

 7  Basin shall not collectively exceed an annual average loading

 8  of phosphorus of 28.7 metric tons based proportionately on the

 9  historical rainfall for the C-139 Basin over the period of

10  October 1, 1978, to September 30, 1988. New surface inflows

11  shall not increase the annual average loading of phosphorus

12  stated above. Provided that the C-139 Basin does not exceed

13  this annual average loading, all landowners within the Basin

14  shall be in compliance for that year. Compliance

15  determinations for individual landowners within the C-139

16  Basin for remedial action, if the Basin is determined by the

17  district to be out of compliance for that year, shall be based

18  on the landowners' proportional share of the total phosphorus

19  loading of 28.7 metric tons. The total phosphorus discharge

20  load shall be determined as set forth in Appendix B2 of Rule

21  40E-63, Everglades Program, Florida Administrative Code, by a

22  method consistent with Appendix 40E-63-3, Florida

23  Administrative Code, disregarding the 25-percent phosphorus

24  reduction factor.

25         6.  The district, in cooperation with the department,

26  shall develop and implement a water quality monitoring program

27  to evaluate the quality of the discharge from the C-139 Basin.

28  Upon determination by the department or the district that the

29  C-139 Basin is exceeding any presently existing water quality

30  standards, the district shall require landowners within the

31  C-139 Basin to implement BMPs appropriate to the land uses


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    CS for SB 626                            First Engrossed (ntc)



 1  within the C-139 Basin consistent with subparagraph 2.

 2  Thereafter, the provisions of subparagraphs 2.-4. shall apply

 3  to the landowners within the C-139 Basin.

 4         (g)  Monitoring and control of exotic species.--

 5         1.  The district shall establish a biological

 6  monitoring network throughout the Everglades Protection Area

 7  and shall prepare a survey of exotic species at least every 2

 8  years.

 9         2.  In addition, the district shall establish a program

10  to coordinate with federal, state, or other governmental

11  entities the control of continued expansion and the removal of

12  these exotic species. The district's program shall give high

13  priority to species affecting the largest areal extent within

14  the Everglades Protection Area.

15         (6)  EVERGLADES AGRICULTURAL PRIVILEGE TAX.--

16         (c)  The initial Everglades agricultural privilege tax

17  roll shall be certified for the tax notices mailed in November

18  1994. Incentive credits to the Everglades agricultural

19  privilege taxes to be included on the initial Everglades

20  agricultural privilege tax roll, if any, shall be based upon

21  the total phosphorus load reduction for the year ending April

22  30, 1993. The Everglades agricultural privilege taxes for each

23  year shall be computed in the following manner:

24         1.  Annual Everglades agricultural privilege taxes

25  shall be charged for the privilege of conducting an

26  agricultural trade or business on each acre of real property

27  or portion thereof. The annual Everglades agricultural

28  privilege tax shall be $24.89 per acre for the tax notices

29  mailed in November 1994 through November 1997; $27 per acre

30  for the tax notices mailed in November 1998 through November

31  2001; $31 per acre for the tax notices mailed in November 2002


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    CS for SB 626                            First Engrossed (ntc)



 1  through November 2005; and $35 per acre for the tax notices

 2  mailed in November 2006 through November 2013.

 3         2.  It is the intent of the Legislature to encourage

 4  the performance of best management practices to maximize the

 5  reduction of phosphorus loads at points of discharge from the

 6  EAA by providing an incentive credit against the Everglades

 7  agricultural privilege taxes set forth in subparagraph 1. The

 8  total phosphorus load reduction shall be measured for the

 9  entire EAA by comparing the actual measured total phosphorus

10  load attributable to the EAA for each annual period ending on

11  April 30 to the total estimated phosphorus load that would

12  have occurred during the 1979-1988 base period using the model

13  for total phosphorus load determinations provided in chapter

14  40E-63, Florida Administrative Code, utilizing the technical

15  information and procedures contained in Section IV-EAA Period

16  of Record Flow and Phosphorus Load Calculations; Section

17  V-Monitoring Requirements; and Section VI-Phosphorus Load

18  Allocations and Compliance Calculations of the Draft Technical

19  Document in Support of chapter 40E-63, Florida Administrative

20  Code - Works of the District within the Everglades, March 3,

21  1992, and the Standard Operating Procedures for Water Quality

22  Collection in Support of the Everglades Water Condition

23  Report, dated February 18, 1994. The model estimates the total

24  phosphorus load that would have occurred during the 1979-1988

25  base period by substituting the rainfall conditions for such

26  annual period ending April 30 for the conditions that were

27  used to calibrate the model for the 1979-1988 base period. The

28  data utilized to calculate the actual loads attributable to

29  the EAA shall be adjusted to eliminate the effect of any load

30  and flow that were not included in the 1979-1988 base period

31  as defined in chapter 40E-63, Florida Administrative Code. The


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    CS for SB 626                            First Engrossed (ntc)



 1  incorporation of the method of measuring the total phosphorus

 2  load reduction provided in this subparagraph is intended to

 3  provide a legislatively approved aid to the governing board of

 4  the district in making an annual ministerial determination of

 5  any incentive credit.

 6         3.  Phosphorus load reductions calculated in the manner

 7  described in subparagraph 2. and rounded to the nearest whole

 8  percentage point for each annual period beginning on May 1 and

 9  ending on April 30 shall be used to compute incentive credits

10  to the Everglades agricultural privilege taxes to be included

11  on the annual tax notices mailed in November of the next

12  ensuing calendar year. Incentive credits, if any, will reduce

13  the Everglades agricultural privilege taxes set forth in

14  subparagraph 1. only to the extent that the phosphorus load

15  reduction exceeds 25 percent. Subject to subparagraph 4., the

16  reduction of phosphorus load by each percentage point in

17  excess of 25 percent, computed for the 12-month period ended

18  on April 30 of the calendar year immediately preceding

19  certification of the Everglades agricultural privilege tax,

20  shall result in the following incentive credits: $0.33 per

21  acre for the tax notices mailed in November 1994 through

22  November 1997; $0.54 per acre for the tax notices mailed in

23  November 1998 through November 2001; $0.61 per acre for the

24  tax notices mailed in November 2002 through November 2005, and

25  $0.65 per acre for the tax notices mailed in November 2006

26  through November 2013. The determination of incentive credits,

27  if any, shall be documented by resolution of the governing

28  board of the district adopted prior to or at the time of the

29  adoption of its resolution certifying the annual Everglades

30  agricultural privilege tax roll to the appropriate tax

31  collector.


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    CS for SB 626                            First Engrossed (ntc)



 1         4.  Notwithstanding subparagraph 3., incentive credits

 2  for the performance of best management practices shall not

 3  reduce the minimum annual Everglades agricultural privilege

 4  tax to less than $24.89 per acre, which annual Everglades

 5  agricultural privilege tax as adjusted in the manner required

 6  by paragraph (e) shall be known as the "minimum tax." To the

 7  extent that the application of incentive credits for the

 8  performance of best management practices would reduce the

 9  annual Everglades agricultural privilege tax to an amount less

10  than the minimum tax, then the unused or excess incentive

11  credits for the performance of best management practices shall

12  be carried forward, on a phosphorus load percentage basis, to

13  be applied as incentive credits in subsequent years. Any

14  unused or excess incentive credits remaining after

15  certification of the Everglades agricultural privilege tax

16  roll for the tax notices mailed in November 2013 shall be

17  canceled.

18         5.  Notwithstanding the schedule of Everglades

19  agricultural privilege taxes set forth in subparagraph 1., the

20  owner, lessee, or other appropriate interestholder of any

21  property shall be entitled to have the Everglades agricultural

22  privilege tax for any parcel of property reduced to the

23  minimum tax, commencing with the tax notices mailed in

24  November 1996 for parcels of property participating in the

25  early baseline option as defined in chapter 40E-63, Florida

26  Administrative Code, and with the tax notices mailed in

27  November 1997 for parcels of property not participating in the

28  early baseline option, upon compliance with the requirements

29  set forth in this subparagraph. The owner, lessee, or other

30  appropriate interestholder shall file an application with the

31  executive director of the district prior to July 1 for


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    CS for SB 626                            First Engrossed (ntc)



 1  consideration of reduction to the minimum tax on the

 2  Everglades agricultural privilege tax roll to be certified for

 3  the tax notice mailed in November of the same calendar year

 4  and shall have the burden of proving the reduction in

 5  phosphorus load attributable to such parcel of property. The

 6  phosphorus load reduction for each discharge structure serving

 7  the parcel shall be measured as provided in chapter 40E-63,

 8  Florida Administrative Code, and the permit issued for such

 9  property pursuant to chapter 40E-63, Florida Administrative

10  Code. A parcel of property which has achieved the following

11  annual phosphorus load reduction standards shall have the

12  minimum tax included on the annual tax notice mailed in

13  November of the next ensuing calendar year: 30 percent or more

14  for the tax notices mailed in November 1994 through November

15  1997; 35 percent or more for the tax notices mailed in

16  November 1998 through November 2001; 40 percent or more for

17  the tax notices mailed in November 2002 through November 2005;

18  and 45 percent or more for the tax notices mailed in November

19  2006 through November 2013. In addition, any parcel of

20  property that achieves an annual flow weighted mean

21  concentration of 50 parts per billion (ppb) of phosphorus at

22  each discharge structure serving the property for any year

23  ending April 30 shall have the minimum tax included on the

24  annual tax notice mailed in November of the next ensuing

25  calendar year. Any annual phosphorus reductions that exceed

26  the amount necessary to have the minimum tax included on the

27  annual tax notice for any parcel of property shall be carried

28  forward to the subsequent years' phosphorus load reduction to

29  determine if the minimum tax shall be included on the annual

30  tax notice. The governing board of the district shall deny or

31  grant the application by resolution adopted prior to or at the


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    CS for SB 626                            First Engrossed (ntc)



 1  time of the adoption of its resolution certifying the annual

 2  Everglades agricultural privilege tax roll to the appropriate

 3  tax collector.

 4         6.  The annual Everglades agricultural privilege tax

 5  for the tax notices mailed in November 2014 through November

 6  2016 shall be $25 per acre and for tax notices mailed in

 7  November 2017 and thereafter shall be $10 per acre.

 8         (h)  In recognition of the findings set forth in

 9  subsection (1), the Legislature finds that the assessment and

10  use of the Everglades agricultural privilege tax is a matter

11  of concern to all areas of Florida and the Legislature intends

12  this act to be a general law authorization of the tax within

13  the meaning of s. 9, Art. VII of the State Constitution and

14  that payment of the tax complies with the obligations of

15  owners and users of land under s. 7(b), Art. II of the State

16  Constitution.

17         (7)  C-139 AGRICULTURAL PRIVILEGE TAX.--

18         (a)  There is hereby imposed an annual C-139

19  agricultural privilege tax for the privilege of conducting an

20  agricultural trade or business on:

21         1.  All real property located within the C-139 Basin

22  that is classified as agricultural under the provisions of

23  chapter 193; and

24         2.  Leasehold or other interests in real property

25  located within the C-139 Basin owned by the United States, the

26  state, or any agency thereof permitting the property to be

27  used for agricultural purposes in a manner that would result

28  in such property being classified as agricultural under the

29  provisions of chapter 193 if not governmentally owned, whether

30  or not such property is actually classified as agricultural

31  under the provisions of chapter 193.


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    CS for SB 626                            First Engrossed (ntc)



 1  

 2  It is hereby determined by the Legislature that the privilege

 3  of conducting an agricultural trade or business on such

 4  property constitutes a reasonable basis for imposing the C-139

 5  agricultural privilege tax and that logical differences exist

 6  between the agricultural use of such property and the use of

 7  other property within the C-139 Basin for residential or

 8  nonagricultural commercial use. The C-139 agricultural

 9  privilege tax shall constitute a lien against the property, or

10  the leasehold or other interest in governmental property

11  permitting such property to be used for agricultural purposes,

12  described on the C-139 agricultural privilege tax roll. The

13  lien shall be in effect from January 1 of the year the tax

14  notice is mailed until discharged by payment and shall be

15  equal in rank and dignity with the liens of all state, county,

16  district, or municipal taxes and non-ad valorem assessments

17  imposed pursuant to general law, special act, or local

18  ordinance and shall be superior in dignity to all other liens,

19  titles, and claims.

20         (b)  The C-139 agricultural privilege tax, other than

21  for leasehold or other interests in governmental property

22  permitting such property to be used for agricultural purposes,

23  shall be collected in the manner provided for ad valorem

24  taxes. By September 15 of each year, the governing board of

25  the district shall certify by resolution a C-139 agricultural

26  privilege tax roll on compatible electronic medium to the tax

27  collector of each county in which a portion of the C-139 Basin

28  is located. The district shall also produce one copy of the

29  roll in printed form which shall be available for inspection

30  by the public. The district shall post the C-139 agricultural

31  privilege tax for each parcel on the roll. The tax collector


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    CS for SB 626                            First Engrossed (ntc)



 1  shall not accept any such roll that is not certified on

 2  compatible electronic medium and that does not contain the

 3  posting of the C-139 agricultural privilege tax for each

 4  parcel. It is the responsibility of the district that such

 5  rolls be free of errors and omissions. Alterations to such

 6  rolls may be made by the executive director of the district,

 7  or a designee, up to 10 days before certification. If the tax

 8  collector or any taxpayer discovers errors or omissions on

 9  such roll, such person may request the district to file a

10  corrected roll or a correction of the amount of any C-139

11  agricultural privilege tax. Other than for leasehold or other

12  interests in governmental property permitting such property to

13  be used for agricultural purposes, C-139 agricultural

14  privilege taxes collected pursuant to this section shall be

15  included in the combined notice for ad valorem taxes and

16  non-ad valorem assessments provided for in s. 197.3635. Such

17  C-139 agricultural privilege taxes shall be listed in the

18  portion of the combined notice utilized for non-ad valorem

19  assessments. A separate mailing is authorized only as a

20  solution to the most exigent factual circumstances. However,

21  if a tax collector cannot merge a C-139 agricultural privilege

22  tax roll to produce such a notice, the tax collector shall

23  mail a separate notice of C-139 agricultural privilege taxes

24  or shall direct the district to mail such a separate notice.

25  In deciding whether a separate mailing is necessary, the tax

26  collector shall consider all costs to the district and

27  taxpayers of such a separate mailing and the adverse effects

28  to the taxpayers of delayed and multiple notices. The district

29  shall bear all costs associated with any separate notice.

30  C-139 agricultural privilege taxes collected pursuant to this

31  section shall be subject to all collection provisions of


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    CS for SB 626                            First Engrossed (ntc)



 1  chapter 197, including provisions relating to discount for

 2  early payment, prepayment by installment method, deferred

 3  payment, penalty for delinquent payment, and issuance and sale

 4  of tax certificates and tax deeds for nonpayment. C-139

 5  agricultural privilege taxes for leasehold or other interests

 6  in property owned by the United States, the state, or any

 7  agency thereof permitting such property to be used for

 8  agricultural purposes shall be included on the notice provided

 9  pursuant to s. 196.31, a copy of which shall be provided to

10  lessees or other interestholders registering with the

11  district, and shall be collected from the lessee or other

12  appropriate interestholder and remitted to the district

13  immediately upon collection. C-139 agricultural privilege

14  taxes included on the statement provided pursuant to s. 196.31

15  shall be due and collected on or prior to the next April 1

16  following provision of the notice. Proceeds of the C-139

17  agricultural privilege taxes shall be distributed by the tax

18  collector to the district. Each tax collector shall be paid a

19  commission equal to the actual cost of collection, not to

20  exceed 2 percent, on the amount of C-139 agricultural

21  privilege taxes collected and remitted. Notwithstanding any

22  general law or special act to the contrary, C-139 agricultural

23  privilege taxes shall not be included on the notice of

24  proposed property taxes provided in s. 200.069.

25         (c)1.  The initial C-139 agricultural privilege tax

26  roll shall be certified for the tax notices mailed in November

27  1994. The C-139 agricultural privilege taxes for the tax

28  notices mailed in November 1994 through November 2002 2013

29  shall be computed by dividing $654,656 by the number of acres

30  included on the C-139 agricultural privilege tax roll for such

31  year, excluding any property located within the C-139 Annex.


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    CS for SB 626                            First Engrossed (ntc)



 1         2.  The C-139 agricultural privilege taxes for the tax

 2  notices mailed in November 2003 through November 2013 shall be

 3  computed by dividing $654,656 by the number of acres included

 4  on the C-139 agricultural privilege tax roll for November

 5  2001, excluding any property located within the C-139 Annex.

 6         3.  The C-139 agricultural privilege taxes for the tax

 7  notices mailed in November 2014 and thereafter shall be $1.80

 8  per acre.

 9         (d)  For purposes of this paragraph, "vegetable

10  acreage" means, for each tax year, any portion of a parcel of

11  property used for a period of not less than 8 months for the

12  production of vegetable crops, including sweet corn, during

13  the 12 months ended September 30 of the year preceding the tax

14  year. Land preparation, crop rotation, and fallow periods

15  shall not disqualify property from classification as vegetable

16  acreage if such property is actually used for the production

17  of vegetable crops.

18         1.  If either the Governor, the President of the United

19  States, or the United States Department of Agriculture

20  declares the existence of a state of emergency or disaster

21  resulting from extreme natural conditions impairing the

22  ability of vegetable acreage to produce crops, payment of the

23  C-139 agricultural privilege taxes imposed for the privilege

24  of conducting an agricultural trade or business on such

25  property shall be deferred for a period of 1 year, and all

26  subsequent annual payments shall be deferred for the same

27  period.

28         a.  If the declaration occurs between April 1 and

29  October 31, the C-139 agricultural privilege tax to be

30  included on the next annual tax notice will be deferred to the

31  subsequent annual tax notice.


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    CS for SB 626                            First Engrossed (ntc)



 1         b.  If the declaration occurs between November 1 and

 2  March 31 and the C-139 agricultural privilege tax included on

 3  the most recent tax notice has not been paid, such C-139

 4  agricultural privilege tax will be deferred to the next annual

 5  tax notice.

 6         c.  If the declaration occurs between November 1 and

 7  March 31 and the C-139 agricultural privilege tax included on

 8  the most recent tax notice has been paid, the C-139

 9  agricultural privilege tax to be included on the next annual

10  tax notice will be deferred to the subsequent annual tax

11  notice.

12         2.  In the event payment of C-139 agricultural

13  privilege taxes is deferred pursuant to this paragraph, the

14  district must record a notice in the official records of each

15  county in which vegetable acreage subject to such deferment is

16  located. The recorded notice must describe each parcel of

17  property as to which C-139 agricultural privilege taxes have

18  been deferred and the amount deferred for such property. If

19  all or any portion of the property as to which C-139

20  agricultural privilege taxes have been deferred ceases to be

21  classified as agricultural under the provisions of chapter 193

22  or otherwise subject to the C-139 agricultural privilege tax,

23  all deferred amounts must be included on the tax notice for

24  such property mailed in November of the first tax year for

25  which such property is not subject to the C-139 agricultural

26  privilege tax. After a property owner has paid all outstanding

27  C-139 agricultural privilege taxes, including any deferred

28  amounts, the district shall provide the property owner with a

29  recordable instrument evidencing the payment of all

30  outstanding amounts.

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         3.  The owner, lessee, or other appropriate

 2  interestholder shall file an application with the executive

 3  director of the district prior to July 1 for classification of

 4  a portion of the property as vegetable acreage on the C-139

 5  agricultural privilege tax roll to be certified for the tax

 6  notice mailed in November of the same calendar year and shall

 7  have the burden of proving the number of acres used for the

 8  production of vegetable crops during the year in which

 9  incentive credits are determined and the period of such use.

10  The governing board of the district shall deny or grant the

11  application by resolution adopted prior to or at the time of

12  the adoption of its resolution certifying the annual C-139

13  agricultural privilege tax roll to the appropriate tax

14  collector.

15         4.  This paragraph does not relieve vegetable acreage

16  from the performance of best management practices specified in

17  chapter 40E-63, Florida Administrative Code.

18         (e)  Any owner, lessee, or other appropriate

19  interestholder of property subject to the C-139 agricultural

20  privilege tax may contest the C-139 agricultural privilege tax

21  by filing an action in circuit court.

22         1.  No action may be brought to contest the C-139

23  agricultural privilege tax after 60 days from the date the tax

24  notice that includes the C-139 agricultural privilege tax is

25  mailed by the tax collector. Before an action to contest the

26  C-139 agricultural privilege tax may be brought, the taxpayer

27  shall pay to the tax collector the amount of the C-139

28  agricultural privilege tax which the taxpayer admits in good

29  faith to be owing. The tax collector shall issue a receipt for

30  the payment and the receipt shall be filed with the complaint.

31  Payment of an C-139 agricultural privilege tax shall not be


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    CS for SB 626                            First Engrossed (ntc)



 1  deemed an admission that such tax was due and shall not

 2  prejudice the right to bring a timely action to challenge such

 3  tax and seek a refund. No action to contest the C-139

 4  agricultural privilege tax may be maintained, and such action

 5  shall be dismissed, unless all C-139 agricultural privilege

 6  taxes imposed in years after the action is brought, which the

 7  taxpayer in good faith admits to be owing, are paid before

 8  they become delinquent. The requirements of this paragraph are

 9  jurisdictional.

10         2.  In any action involving a challenge of the C-139

11  agricultural privilege tax, the court shall assess all costs.

12  If the court finds that the amount of tax owed by the taxpayer

13  is greater than the amount the taxpayer has in good faith

14  admitted and paid, it shall enter judgment against the

15  taxpayer for the deficiency and for interest on the deficiency

16  at the rate of 12 percent per year from the date the tax

17  became delinquent. If it finds that the amount of tax which

18  the taxpayer has admitted to be owing is grossly

19  disproportionate to the amount of tax found to be due and that

20  the taxpayer's admission was not made in good faith, the court

21  shall also assess a penalty at the rate of 25 percent of the

22  deficiency per year from the date the tax became delinquent.

23  The court may issue injunctions to restrain the sale of

24  property for any C-139 agricultural privilege tax which

25  appears to be contrary to law or equity.

26         (f)  Notwithstanding any contrary provisions in chapter

27  120, or any provision of any other law, an action in circuit

28  court shall be the exclusive remedy to challenge the

29  assessment of an C-139 agricultural privilege tax and owners

30  of property subject to the C-139 agricultural privilege tax

31  shall have no right or standing to initiate administrative


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    CS for SB 626                            First Engrossed (ntc)



 1  proceedings under chapter 120 to challenge the assessment of

 2  an C-139 agricultural privilege tax including specifically,

 3  and without limitation, the annual certification by the

 4  district governing board of the C-139 agricultural privilege

 5  tax roll to the appropriate tax collector, the denial of an

 6  application for exclusion from the C-139 agricultural

 7  privilege tax, and the denial of any application for

 8  classification as vegetable acreage, deferment of payment for

 9  vegetable acreage, or correction of any alleged error in the

10  C-139 agricultural privilege tax roll.

11         (g)  In recognition of the findings set forth in

12  subsection (1), the Legislature finds that the assessment and

13  use of the C-139 agricultural privilege tax is a matter of

14  concern to all areas of Florida and the Legislature intends

15  this section to be a general law authorization of the tax

16  within the meaning of s. 9, Art. VII of the State

17  Constitution.

18         (10)  LONG-TERM COMPLIANCE PERMITS.--By December 31,

19  2006, the department and the district shall take such action

20  as may be necessary to implement the pre-2006 projects and

21  strategies of the Long-Term Plan so that water delivered to

22  the Everglades Protection Area achieves in all parts of the

23  Everglades Protection Area state water quality standards,

24  including the phosphorus criterion and moderating provisions,

25  to the maximum extent practicable, in all parts of the

26  Everglades Protection Area.

27         (a)  By December 31, 2003, the district shall submit to

28  the department an application for permit modification to

29  incorporate proposed changes to the Everglades Construction

30  Project and other district works delivering water to the

31  Everglades Protection Area as needed to implement the pre-2006


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    CS for SB 626                            First Engrossed (ntc)



 1  projects and strategies of the Long-Term Plan in all permits

 2  issued by the department, including the permits issued

 3  pursuant to subsection (9). These changes shall be designed to

 4  achieve state water quality standards, including the

 5  phosphorus criterion and moderating provisions, to the maximum

 6  extent practicable. Under no circumstances shall the project

 7  or strategy cause or contribute to violation of state water

 8  quality standards. During the implementation of the initial

 9  phase of the Long-Term Plan, permits issued by the department

10  shall be based on BAPRT, and shall include technology-based

11  effluent limitations consistent with the Long-Term Plan, as

12  provided in subparagraph (4)(e)3. By December 31, 2003, the

13  district shall submit to the department a permit modification

14  to incorporate proposed changes to the Everglades Construction

15  Project and the permits issued pursuant to subsection (9).

16  These changes shall be designed to achieve compliance with the

17  phosphorus criterion and the other state water quality

18  standards by December 31, 2006.

19         (b)  If the Everglades Construction Project or other

20  discharges to the Everglades Protection Area are not in

21  compliance with state water quality standards, the permit

22  application shall include:

23         1.  A plan for achieving compliance with the phosphorus

24  criterion in the Everglades Protection Area.

25         2.  A plan for achieving compliance in the Everglades

26  Protection Area with state water quality standards other than

27  the phosphorus criterion.

28         3.  Proposed cost estimates for the plans referred to

29  in subparagraphs 1. and 2.

30         4.  Proposed funding mechanisms for the plans referred

31  to in subparagraphs 1. and 2.


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    CS for SB 626                            First Engrossed (ntc)



 1         5.  Proposed schedules for implementation of the plans

 2  referred to in subparagraphs 1. and 2.

 3         (b)(c)  If the Everglades Construction Project or other

 4  discharges to the Everglades Protection Area are in compliance

 5  with state water quality standards, including the phosphorus

 6  criterion, the permit application shall include:

 7         1.  A plan for maintaining compliance with the

 8  phosphorus criterion in the Everglades Protection Area.

 9         2.  A plan for maintaining compliance in the Everglades

10  Protection Area with state water quality standards other than

11  the phosphorus criterion.

12         (16)  DEFINITION OF C-139 BASIN.--For purposes of this

13  section:

14         (a)  "C-139 Basin" or "Basin" means the following

15  described property: beginning at the intersection of an

16  easterly extension of the south bank of Deer Fence Canal with

17  the center line of South Florida Water Management District's

18  Levee 3 in Section 33, Township 46 South, Range 34 East,

19  Hendry County, Florida; thence, westerly along said easterly

20  extension and along the South bank of said Deer Fence Canal to

21  where it intersects the center line of State Road 846 in

22  Section 33, Township 46 South, Range 32 East; thence,

23  departing from said top of bank to the center line of said

24  State Road 846, westerly along said center line of said State

25  Road 846 to the West line of Section 4, Township 47 South,

26  Range 31 East; thence, northerly along the West line of said

27  section 4, and along the west lines of Sections 33 and 28,

28  Township 46 South, Range 31 East, to the northwest corner of

29  said Section 28; thence, easterly along the North line of said

30  Section 28 to the North one-quarter (N 1/4 ) corner of said

31  Section 28; thence, northerly along the West line of the


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    CS for SB 626                            First Engrossed (ntc)



 1  Southeast one-quarter (SE 1/4 ) of Section 21, Township 46

 2  South, Range 31 East, to the northwest corner of said

 3  Southeast one-quarter (SE 1/4 ) of Section 21; thence,

 4  easterly along the North line of said Southeast one-quarter

 5  (SE 1/4 ) of Section 21 to the northeast corner of said

 6  Southeast one-quarter (SE 1/4 ) of Section 21; thence,

 7  northerly along the East line of said Section 21 and the East

 8  line of Section 16, Township 46 South, Range 31, East, to the

 9  northeast corner thereof; thence, westerly along the North

10  line of said Section 16, to the northwest corner thereof;

11  thence, northerly along the West line of Sections 9 and 4,

12  Township 46 South, Range 31, East, to the northwest corner of

13  said Section 4; thence, westerly along the North lines of

14  Section 5 and Section 6, Township 46 South, Range 31 East, to

15  the South one-quarter (S 1/4 ) corner of Section 31, Township

16  45 South, Range 31 East; thence, northerly to the South

17  one-quarter (S 1/4 ) corner of Section 30, Township 45 South,

18  Range 31 East; thence, easterly along the South line of said

19  Section 30 and the South lines of Sections 29 and 28, Township

20  45 South, Range 31 East, to the Southeast corner of said

21  Section 28; thence, northerly along the East line of said

22  Section 28 and the East lines of Sections 21 and 16, Township

23  45 South, Range 31 East, to the Northwest corner of the

24  Southwest one-quarter of the Southwest one-quarter (SW 1/4  of

25  the SW  1/4 ) of Section 15, Township 45 South, Range 31 East;

26  thence, northeasterly to the east one-quarter (E 1/4 ) corner

27  of Section 15, Township 45 South, Range 31 East; thence,

28  northerly along the East line of said Section 15, and the East

29  line of Section 10, Township 45 South, Range 31 East, to the

30  center line of a road in the Northeast one-quarter (NE 1/4 )

31  of said Section 10; thence, generally easterly and


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    CS for SB 626                            First Engrossed (ntc)



 1  northeasterly along the center line of said road to its

 2  intersection with the center line of State Road 832; thence,

 3  easterly along said center line of said State Road 832 to its

 4  intersection with the center line of State Road 833; thence,

 5  northerly along said center line of said State Road 833 to the

 6  north line of Section 9, Township 44 South, Range 32 East;

 7  thence, easterly along the North line of said Section 9 and

 8  the north lines of Sections 10, 11 and 12, Township 44 South,

 9  Range 32 East, to the northeast corner of Section 12, Township

10  44 South, Range 32 East; thence, easterly along the North line

11  of Section 7, Township 44 South, Range 33 East, to the center

12  line of Flaghole Drainage District Levee, as it runs to the

13  east near the northwest corner of said Section 7, Township 44

14  South, Range 33 East; thence, easterly along said center line

15  of the Flaghole Drainage District Levee to where it meets the

16  center line of South Florida Water Management District's Levee

17  1 at Flag Hole Road; thence, continue easterly along said

18  center line of said Levee 1 to where it turns south near the

19  Northwest corner of Section 12, Township 44 South, Range 33

20  East; thence, Southerly along said center line of said Levee 1

21  to where the levee turns east near the Southwest corner of

22  said Section 12; thence, easterly along said center line of

23  said Levee 1 to where it turns south near the Northeast corner

24  of Section 17, Township 44 South, Range 34 East; thence,

25  southerly along said center line of said Levee 1 and the

26  center line of South Florida Water Management District's Levee

27  2 to the intersection with the north line of Section 33,

28  Township 45 South, Range 34 East; thence, easterly along the

29  north line of said Section 33 to the northeast corner of said

30  Section 33; thence, southerly along the east line of said

31  Section 33 to the southeast corner of said Section 33; thence,


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    CS for SB 626                            First Engrossed (ntc)



 1  southerly along the east line of Section 4, Township 46 South,

 2  Range 34 East to the southeast corner of said Section 4;

 3  thence, westerly along the south line of said Section 4 to the

 4  intersection with the centerline of South Florida Water

 5  Management District's Levee 2; thence, southerly along said

 6  Levee 2 centerline and South Florida Water Management

 7  District's Levee 3 centerline to the POINT OF BEGINNING.

 8         (b)  Sections 21, 28, and 33, Township 46 South, Range

 9  31 East, are not included within the boundary of the C-139

10  Basin.

11         (c)(b)  If the district issues permits in accordance

12  with all applicable rules allowing water from the "C-139

13  Annex" to flow into the drainage system for the C-139 Basin,

14  the C-139 Annex shall be added to the C-139 Basin for all tax

15  years thereafter, commencing with the next C-139 agricultural

16  privilege tax roll certified after issuance of such permits.

17  "C-139 Annex" means the following described property:  that

18  part of the S.E.  1/4  of Section 32, Township 46 South, Range

19  34 East and that portion of Sections 5 and 6, Township 47

20  South, Range 34 East lying west of the L-3 Canal and South of

21  the Deer Fence Canal; all of Sections 7, 17, 18, 19, 20, 28,

22  29, 30, 31, 32, 33, and 34, and that portion of Sections 8, 9,

23  16, 21, 22, 26, 27, 35, and 36 lying south and west of the L-3

24  Canal, in Township 47 South, Range 34 East; and all of

25  Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 and that portion of

26  Section 1 lying south and west of the L-3 Canal all in

27  Township 48 South, Range 34 East.

28         (17)  SHORT TITLE.--This section shall be known as the

29  "Everglades Forever Act."

30  

31  


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    CS for SB 626                            First Engrossed (ntc)



 1         Section 2.  Section 3 of chapter 96-412, Laws of

 2  Florida, and section 84 of chapter 96-321, Laws of Florida,

 3  are repealed.

 4         Section 3.  This act shall take effect upon becoming a

 5  law.

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