HB 0727CS

CHAMBER ACTION



1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to water management district planning and
7reporting; amending s. 373.036, F.S.; authorizing
8submission of an annual strategic plan in lieu of other
9district water management plan information and providing
10requirements therefor; requiring water management
11districts to submit a consolidated annual report and
12providing requirements therefor; correcting a cross
13reference; amending ss. 11.80, 163.3177, 193.625,
14373.0397, 373.042, 373.145, 373.1961, 373.199, 373.207,
15373.414, 373.4592, 373.45926, 373.4595, 373.470, and
16373.536, F.S.; revising certain reporting requirements and
17cross references to conform; directing the Department of
18Environmental Protection to recommend to the Governor and
19Legislature additional changes to or consolidation of
20planning and reporting requirements of ch. 373, F.S.,
21relating to water resources; repealing s. 373.0395, F.S.,
22relating to groundwater basin resource availability
23inventories; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (4) of section 11.80, Florida
28Statutes, is amended to read:
29     11.80  Joint Legislative Committee on Everglades
30Oversight.--
31     (4)  Annually, no later than March January 1, as part of
32the consolidated annual report required by s. 373.036(7), the
33South Florida Water Management District shall report to the
34Joint Legislative Committee on Everglades Oversight on the
35status of the implementation of the Everglades Forever Act. Such
36report shall include, but is not limited to:
37     (a)  Progress on the Everglades Construction Project.
38     (b)  Changes to the Everglades Construction Project.
39     (c)  Actual revenues, compared to projected revenues.
40     (d)  Projected acquisition costs, construction costs,
41operation and maintenance costs, and projected revenues, over
42the succeeding 5 years.
43     Section 2.  Paragraph (c) of subsection (6) of section
44163.3177, Florida Statutes, is amended to read:
45     163.3177  Required and optional elements of comprehensive
46plan; studies and surveys.--
47     (6)  In addition to the requirements of subsections
48(1)-(5), the comprehensive plan shall include the following
49elements:
50     (c)  A general sanitary sewer, solid waste, drainage,
51potable water, and natural groundwater aquifer recharge element
52correlated to principles and guidelines for future land use,
53indicating ways to provide for future potable water, drainage,
54sanitary sewer, solid waste, and aquifer recharge protection
55requirements for the area. The element may be a detailed
56engineering plan including a topographic map depicting areas of
57prime groundwater recharge. The element shall describe the
58problems and needs and the general facilities that will be
59required for solution of the problems and needs. The element
60shall also include a topographic map depicting any areas adopted
61by a regional water management district as prime groundwater
62recharge areas for the Floridan or Biscayne aquifers, pursuant
63to s. 373.0395. These areas shall be given special consideration
64when the local government is engaged in zoning or considering
65future land use for said designated areas. For areas served by
66septic tanks, soil surveys shall be provided which indicate the
67suitability of soils for septic tanks. By December 1, 2006, the
68element must consider the appropriate water management
69district's regional water supply plan approved pursuant to s.
70373.0361. The element must include a work plan, covering at
71least a 10-year planning period, for building water supply
72facilities that are identified in the element as necessary to
73serve existing and new development and for which the local
74government is responsible. The work plan shall be updated, at a
75minimum, every 5 years within 12 months after the governing
76board of a water management district approves an updated
77regional water supply plan. Amendments to incorporate the work
78plan do not count toward the limitation on the frequency of
79adoption of amendments to the comprehensive plan.
80     Section 3.  Paragraph (b) of subsection (3) of section
81193.625, Florida Statutes, is amended to read:
82     193.625  High-water recharge lands; classification and
83assessment.--
84     (3)
85     (b)  Subject to the restrictions set out in this section,
86only lands that are used primarily for bona fide high-water
87recharge purposes may be classified as high-water recharge. The
88term "bona fide high-water recharge purposes" means good faith
89high-water recharge use of the land. In determining whether the
90use of the land for high-water recharge purposes is bona fide,
91the following factors apply:
92     1.  The land use must have been continuous.
93     2.  The land use must be vacant residential, vacant
94commercial, vacant industrial, vacant institutional,
95nonagricultural, or single-family residential. The maintenance
96of one single-family residential dwelling on part of the land
97does not in itself preclude a high-water recharge
98classification.
99     3.  The land must be located within a prime groundwater
100recharge area established in accordance with s. 373.0395 or in
101an area considered by the appropriate water management district
102to supply significant groundwater recharge. Significant
103groundwater recharge shall be assessed by the appropriate water
104management district on the basis of hydrologic characteristics
105of the soils and underlying geologic formations.
106     4.  The land must not be receiving any other special
107classification.
108     5.  There must not be in the vicinity of the land any
109activity that has the potential to contaminate the ground water,
110including, but not limited to, the presence of:
111     a.  Toxic or hazardous substances;
112     b.  Free-flowing saline artesian wells;
113     c.  Drainage wells;
114     d.  Underground storage tanks; or
115     e.  Any potential pollution source existing on a property
116that drains to the property seeking the high-water recharge
117classification.
118     6.  The owner of the property has entered into a contract
119with the county as provided in subsection (5).
120     7.  The parcel of land must be at least 10 acres.
121
122Notwithstanding the provisions of this paragraph, the property
123appraiser shall use the best available information on the high-
124water recharge characteristics of lands when making a final
125determination to grant or deny an application for high-water
126recharge assessment for the lands.
127     Section 4.  Paragraph (b) of subsection (2) of section
128373.036, Florida Statutes, is amended, paragraph (e) is added to
129said subsection, and subsection (7) is added to said section, to
130read:
131     373.036  Florida water plan; district water management
132plans.--
133     (2)  DISTRICT WATER MANAGEMENT PLANS.--
134     (b)  The district water management plan shall include, but
135not be limited to:
136     1.  The scientific methodologies for establishing minimum
137flows and levels under s. 373.042, and all established minimum
138flows and levels.
139     2.  Identification of one or more water supply planning
140regions that singly or together encompass the entire district.
141     3.  Technical data and information prepared under s. ss.
142373.0391 and 373.0395.
143     4.  A districtwide water supply assessment, to be completed
144no later than July 1, 1998, which determines for each water
145supply planning region:
146     a.  Existing legal uses, reasonably anticipated future
147needs, and existing and reasonably anticipated sources of water
148and conservation efforts; and
149     b.  Whether existing and reasonably anticipated sources of
150water and conservation efforts are adequate to supply water for
151all existing legal uses and reasonably anticipated future needs
152and to sustain the water resources and related natural systems.
153     5.  Any completed regional water supply plans.
154     (e)  At its option, a governing board may substitute an
155annual strategic plan for the requirement to develop a district
156water management plan and the district water management plan
157annual report required by subparagraph (7)(b)1., provided that
158nothing herein affects any other provision or requirement of law
159concerning the completion of the regional water supply plan and
160the strategic plan meets the following minimum requirements:
161     1.  The strategic plan establishes the water management
162district's strategic priorities for at least a future 5-year
163period.
164     2.  The strategic plan identifies the goals, strategies,
165success indicators, funding sources, deliverables, and
166milestones to accomplish the strategic priorities.
167     3.  The strategic plan development process includes at
168least one publicly noticed meeting to allow public participation
169in its development.
170     4.  The strategic plan includes separately, as an addendum,
171an annual work plan report on the implementation of the
172strategic plan for the previous fiscal year, addressing success
173indicators, deliverables, and milestones.
174     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
175REPORT.--
176     (a)  By March 1, 2006, and annually thereafter, each water
177management district shall prepare and submit to the department,
178the Governor, the President of the Senate, and the Speaker of
179the House of Representatives a consolidated water management
180district annual report on the management of water resources. In
181addition, copies must be provided by the water management
182districts to the chairs of all legislative committees having
183substantive or fiscal jurisdiction over the districts and the
184governing board of each county in the district having
185jurisdiction or deriving any funds for operations of the
186district. Copies of the consolidated annual report must be made
187available to the public, either in printed or electronic format.
188     (b)  The consolidated annual report shall contain the
189following elements, as appropriate to that water management
190district:
191     1.  A district water management plan annual report or the
192annual work plan report allowed in subparagraph (2)(e)4.
193     2.  The department-approved minimum flows and levels annual
194priority list and schedule required by s. 373.042(2).
195     3.  The annual 5-year capital improvements plan required by
196s. 373.536(6)(a)3.
197     4.  The alternative water supplies annual report required
198by s. 373.1961(2)(k).
199     5.  The final annual 5-year water resource development work
200program required by s. 373.536(6)(a)4.
201     6.  The Florida Forever Water Management District Work Plan
202annual report required by s. 373.199(7).
203     7.  The mitigation donation annual report required by s.
204373.414(1)(b)2.
205     (c)  Each of the elements listed in paragraph (b) is to be
206addressed in a separate chapter or section within the
207consolidated annual report, although information common to more
208than one of these elements may be consolidated as deemed
209appropriate by the individual water management district.
210     (d)  Each water management district may include in the
211consolidated annual report such additional information on the
212status or management of water resources within the district as
213it deems appropriate.
214     (e)  In addition to the elements specified in paragraph
215(b), the South Florida Water Management District shall include
216in the consolidated annual report the following elements:
217     1.  The Lake Okeechobee Protection Program annual progress
218report required by s. 373.4595(3)(g).
219     2.  The Everglades annual progress reports specified in s.
220373.4592(4)(d)5., (13), and (14).
221     3.     The Everglades restoration annual report required by
222s. 373.470(7).
223     4.  The Everglades Forever Act annual implementation report
224required by s. 11.80(4).
225     5.  The Everglades Trust Fund annual expenditure report
226required by s. 373.45926(3).
227     Section 5.  Section 373.0397, Florida Statutes, is amended
228to read:
229     373.0397  Floridan and Biscayne aquifers; designation of
230prime groundwater recharge areas.--Upon preparation of an
231inventory of prime groundwater recharge areas for the Floridan
232or Biscayne aquifers as a part of the requirements of s.
233373.0395(3), but prior to adoption by the governing board, the
234water management district shall publish a legal notice of public
235hearing on the designated areas for the Floridan and Biscayne
236aquifers, with a map delineating the boundaries of the areas, in
237newspapers defined in chapter 50 as having general circulation
238within the area to be affected. The notice shall be at least
239one-fourth page and shall read as follows:
240
241
NOTICE OF PRIME RECHARGE
242
AREA DESIGNATION
243
244     The   (name of taxing authority)   proposes to designate
245specific land areas as areas of prime recharge to the   (name of
246aquifer)   Aquifer.
247     All concerned citizens are invited to attend a public
248hearing on the proposed designation to be held on   (date and
249time)   at   (meeting place)  .
250     A map of the affected areas follows.
251
252The governing board of the water management district shall adopt
253a designation of prime groundwater recharge areas to the
254Floridan and Biscayne aquifers by rule within 120 days after the
255public hearing, subject to the provisions of chapter 120.
256     Section 6.  Subsection (2) of section 373.042, Florida
257Statutes, is amended to read:
258     373.042  Minimum flows and levels.--
259     (2)  By November 15, 1997, and annually thereafter, each
260water management district shall submit to the department for
261review and approval a priority list and schedule for the
262establishment of minimum flows and levels for surface
263watercourses, aquifers, and surface waters within the district.
264The priority list shall also identify those water bodies for
265which the district will voluntarily undertake independent
266scientific peer review. By March 1, 2006 January 1, 1998, and
267annually thereafter, each water management district shall
268include publish its approved priority list and schedule in the
269consolidated annual report required by s. 373.036(7) Florida
270Administrative Weekly. The priority list shall be based upon the
271importance of the waters to the state or region and the
272existence of or potential for significant harm to the water
273resources or ecology of the state or region, and shall include
274those waters which are experiencing or may reasonably be
275expected to experience adverse impacts. By January 1, 2003, Each
276water management district's priority list and schedule shall
277include all first magnitude springs, and all second magnitude
278springs within state or federally owned lands purchased for
279conservation purposes. The specific schedule for establishment
280of spring minimum flows and levels shall be commensurate with
281the existing or potential threat to spring flow from consumptive
282uses. Springs within the Suwannee River Water Management
283District, or second magnitude springs in other areas of the
284state, need not be included on the priority list if the water
285management district submits a report to the Department of
286Environmental Protection demonstrating that adverse impacts are
287not now occurring nor are reasonably expected to occur from
288consumptive uses during the next 20 years. The priority list and
289schedule shall not be subject to any proceeding pursuant to
290chapter 120. Except as provided in subsection (3), the
291development of a priority list and compliance with the schedule
292for the establishment of minimum flows and levels pursuant to
293this subsection shall satisfy the requirements of subsection
294(1).
295     Section 7.  Section 373.145, Florida Statutes, is amended
296to read:
297     373.145  Information program regarding hydrologic
298conditioning and consumption of major surface and groundwater
299sources.--In order to aid in the development of a better
300understanding of the unique surface and groundwater resources of
301this state, the water management districts shall develop an
302information program designed to provide information concerning
303existing hydrologic conditions of major surface and groundwater
304sources in this state and suggestions for good conservation
305practices within those areas. The program shall be developed by
306December 31, 2002. The water management districts shall utilize
307the most efficient means to regularly distribute this
308information to members of the Legislature, the media, and the
309public. Beginning January 1, 2003, and on a regular basis no
310less than every 6 months thereafter, the information developed
311pursuant to this section shall be distributed to every member of
312the Florida Senate and the Florida House of Representatives and
313to local print and broadcast news organizations. Each water
314management district shall be responsible for the distribution of
315this information within its established geographic area.
316     Section 8.  Paragraph (k) of subsection (2) of section
317373.1961, Florida Statutes, is amended to read:
318     373.1961  Water production.--
319     (2)  The Legislature finds that, due to a combination of
320factors, vastly increased demands have been placed on natural
321supplies of fresh water, and that, absent increased development
322of alternative water supplies, such demands may increase in the
323future. The Legislature also finds that potential exists in the
324state for the production of significant quantities of
325alternative water supplies, including reclaimed water, and that
326water production includes the development of alternative water
327supplies, including reclaimed water, for appropriate uses. It is
328the intent of the Legislature that utilities develop reclaimed
329water systems, where reclaimed water is the most appropriate
330alternative water supply option, to deliver reclaimed water to
331as many users as possible through the most cost-effective means,
332and to construct reclaimed water system infrastructure to their
333owned or operated properties and facilities where they have
334reclamation capability. It is also the intent of the Legislature
335that the water management districts which levy ad valorem taxes
336for water management purposes should share a percentage of those
337tax revenues with water providers and users, including local
338governments, water, wastewater, and reuse utilities, municipal,
339industrial, and agricultural water users, and other public and
340private water users, to be used to supplement other funding
341sources in the development of alternative water supplies. The
342Legislature finds that public moneys or services provided to
343private entities for such uses constitute public purposes which
344are in the public interest. In order to further the development
345and use of alternative water supply systems, including reclaimed
346water systems, the Legislature provides the following:
347     (k)  By March 1 January 30 of each year, as part of the
348consolidated annual report required by s. 373.036(7), each water
349management district shall submit a report on an annual report to
350the Governor, the President of the Senate, and the Speaker of
351the House of Representatives which accounts for the disbursal of
352all budgeted amounts pursuant to this subsection. Such report
353shall describe all projects funded and shall account separately
354for moneys provided through grants, matching grants, revolving
355loans, and the use of district lands or facilities.
356     Section 9.  Subsection (7) of section 373.199, Florida
357Statutes, is amended to read:
358     373.199  Florida Forever Water Management District Work
359Plan.--
360     (7)  By June 1, 2001, each district shall file with the
361President of the Senate, the Speaker of the House of
362Representatives, and the Secretary of Environmental Protection
363the initial 5-year work plan as required under subsection (2).
364By March January 1 of each year thereafter, as part of the
365consolidated annual report required by s. 373.036(7), each
366district shall file with the President of the Senate, the
367Speaker of the House of Representatives, and the Secretary of
368Environmental Protection a report on of acquisitions completed
369during the year together with modifications or additions to its
3705-year work plan. Included in the report shall be:
371     (a)  A description of land management activity for each
372property or project area owned by the water management district.
373     (b)  A list of any lands surplused and the amount of
374compensation received.
375     (c)  The progress of funding, staffing, and resource
376management of every project funded pursuant to s. 259.101, s.
377259.105, or s. 373.59 for which the district is responsible.
378
379The secretary shall submit the report referenced in this
380subsection to the Board of Trustees of the Internal Improvement
381Trust Fund together with the Acquisition and Restoration
382Council's project list as required under s. 259.105.
383     Section 10.  Section 373.207, Florida Statutes, is amended
384to read:
385     373.207  Abandoned artesian wells.--
386     (1)  Each water management district shall develop a work
387plan which identifies the location of all known abandoned
388artesian wells within its jurisdictional boundaries and defines
389the actions which the district must take in order to ensure that
390each such well is plugged on or before January 1, 1992. The work
391plan shall include the following:
392     (1)(a)  An initial inventory which accounts for all known
393abandoned artesian wells in the district.
394     (2)(b)  The location and owner of each known abandoned
395well.
396     (3)(c)  The methodology proposed by the district to
397accomplish the plugging of all known abandoned wells within the
398district on or before January 1, 1992.
399     (4)(d)  Data relating to costs to be incurred for the
400plugging of all wells, including the per-well cost and personnel
401costs.
402     (5)(e)  A schedule of priority for the plugging of wells,
403which schedule is established to mitigate damage to the
404groundwater resource due to water quality degradation.
405     (2)  Each water management district shall submit an annual
406update of its work plan to the Secretary of Environmental
407Protection by January 1 of each year, until all wells identified
408by the plan are plugged.
409     Section 11.  Paragraph (b) of subsection (1) of section
410373.414, Florida Statutes, is amended to read:
411     373.414  Additional criteria for activities in surface
412waters and wetlands.--
413     (1)  As part of an applicant's demonstration that an
414activity regulated under this part will not be harmful to the
415water resources or will not be inconsistent with the overall
416objectives of the district, the governing board or the
417department shall require the applicant to provide reasonable
418assurance that state water quality standards applicable to
419waters as defined in s. 403.031(13) will not be violated and
420reasonable assurance that such activity in, on, or over surface
421waters or wetlands, as delineated in s. 373.421(1), is not
422contrary to the public interest. However, if such an activity
423significantly degrades or is within an Outstanding Florida
424Water, as provided by department rule, the applicant must
425provide reasonable assurance that the proposed activity will be
426clearly in the public interest.
427     (b)  If the applicant is unable to otherwise meet the
428criteria set forth in this subsection, the governing board or
429the department, in deciding to grant or deny a permit, shall
430consider measures proposed by or acceptable to the applicant to
431mitigate adverse effects that may be caused by the regulated
432activity. Such measures may include, but are not limited to,
433onsite mitigation, offsite mitigation, offsite regional
434mitigation, and the purchase of mitigation credits from
435mitigation banks permitted under s. 373.4136. It shall be the
436responsibility of the applicant to choose the form of
437mitigation. The mitigation must offset the adverse effects
438caused by the regulated activity.
439     1.  The department or water management districts may accept
440the donation of money as mitigation only where the donation is
441specified for use in a duly noticed environmental creation,
442preservation, enhancement, or restoration project, endorsed by
443the department or the governing board of the water management
444district, which offsets the impacts of the activity permitted
445under this part. However, the provisions of this subsection
446shall not apply to projects undertaken pursuant to s. 373.4137
447or chapter 378. Where a permit is required under this part to
448implement any project endorsed by the department or a water
449management district, all necessary permits must have been issued
450prior to the acceptance of any cash donation. After the
451effective date of this act, when money is donated to either the
452department or a water management district to offset impacts
453authorized by a permit under this part, the department or the
454water management district shall accept only a donation that
455represents the full cost to the department or water management
456district of undertaking the project that is intended to mitigate
457the adverse impacts. The full cost shall include all direct and
458indirect costs, as applicable, such as those for land
459acquisition, land restoration or enhancement, perpetual land
460management, and general overhead consisting of costs such as
461staff time, building, and vehicles. The department or the water
462management district may use a multiplier or percentage to add to
463other direct or indirect costs to estimate general overhead.
464Mitigation credit for such a donation shall be given only to the
465extent that the donation covers the full cost to the agency of
466undertaking the project that is intended to mitigate the adverse
467impacts. However, nothing herein shall be construed to prevent
468the department or a water management district from accepting a
469donation representing a portion of a larger project, provided
470that the donation covers the full cost of that portion and
471mitigation credit is given only for that portion. The department
472or water management district may deviate from the full cost
473requirements of this subparagraph to resolve a proceeding
474brought pursuant to chapter 70 or a claim for inverse
475condemnation. Nothing in this section shall be construed to
476require the owner of a private mitigation bank, permitted under
477s. 373.4136, to include the full cost of a mitigation credit in
478the price of the credit to a purchaser of said credit.
479     2.  The department and each water management district shall
480report by March 1 to the Executive Office of the Governor by
481January 31 of each year, as part of the consolidated annual
482report required by s. 373.036(7), all cash donations accepted
483under subparagraph 1. during the preceding water management
484district fiscal calendar year for wetland mitigation purposes.
485The report shall exclude those contributions pursuant to s.
486373.4137. The report shall include a description of the endorsed
487mitigation projects and, except for projects governed by s.
488373.4135(6), shall address, as applicable, success criteria,
489project implementation status and timeframe, monitoring, long-
490term management, provisions for preservation, and full cost
491accounting.
492     3.  If the applicant is unable to meet water quality
493standards because existing ambient water quality does not meet
494standards, the governing board or the department shall consider
495mitigation measures proposed by or acceptable to the applicant
496that cause net improvement of the water quality in the receiving
497body of water for those parameters which do not meet standards.
498     4.  If mitigation requirements imposed by a local
499government for surface water and wetland impacts of an activity
500regulated under this part cannot be reconciled with mitigation
501requirements approved under a permit for the same activity
502issued under this part, including application of the uniform
503wetland mitigation assessment method adopted pursuant to
504subsection (18), the mitigation requirements for surface water
505and wetland impacts shall be controlled by the permit issued
506under this part.
507     Section 12.  Paragraph (d) of subsection (4) and
508subsections (13) and (14) of section 373.4592, Florida Statutes,
509are amended to read:
510     373.4592  Everglades improvement and management.--
511     (4)  EVERGLADES PROGRAM.--
512     (d)  Everglades research and monitoring program.--
513     1.  The department and the district shall review and
514evaluate available water quality data for the Everglades
515Protection Area and tributary waters and identify any additional
516information necessary to adequately describe water quality in
517the Everglades Protection Area and tributary waters. The
518department and the district shall also initiate a research and
519monitoring program to generate such additional information
520identified and to evaluate the effectiveness of the BMPs and
521STAs, as they are implemented, in improving water quality and
522maintaining designated and existing beneficial uses of the
523Everglades Protection Area and tributary waters. As part of the
524program, the district shall monitor all discharges into the
525Everglades Protection Area for purposes of determining
526compliance with state water quality standards.
527     2.  The research and monitoring program shall evaluate the
528ecological and hydrological needs of the Everglades Protection
529Area, including the minimum flows and levels. Consistent with
530such needs, the program shall also evaluate water quality
531standards for the Everglades Protection Area and for the canals
532of the EAA, so that these canals can be classified in the manner
533set forth in paragraph (e) and protected as an integral part of
534the water management system which includes the STAs of the
535Everglades Construction Project and allows landowners in the EAA
536to achieve applicable water quality standards compliance by BMPs
537and STA treatment to the extent this treatment is available and
538effective.
539     3.  The research and monitoring program shall include
540research seeking to optimize the design and operation of the
541STAs, including research to reduce outflow concentrations, and
542to identify other treatment and management methods and
543regulatory programs that are superior to STAs in achieving the
544intent and purposes of this section.
545     4.  The research and monitoring program shall be conducted
546to allow the department to propose a phosphorus criterion in the
547Everglades Protection Area, and to evaluate existing state water
548quality standards applicable to the Everglades Protection Area
549and existing state water quality standards and classifications
550applicable to the EAA canals. In developing the phosphorus
551criterion, the department shall also consider the minimum flows
552and levels for the Everglades Protection Area and the district's
553water supply plans for the Lower East Coast.
554     5.  Beginning March 1, 2006, as part of the consolidated
555annual report required by s. 373.036(7) January 1, 2000, the
556district and the department shall annually issue a peer-reviewed
557report regarding the research and monitoring program that
558summarizes all data and findings. The department shall provide
559copies of the report to the Governor, the President of the
560Senate, and the Speaker of the House of Representatives. The
561report shall identify water quality parameters, in addition to
562phosphorus, which exceed state water quality standards or are
563causing or contributing to adverse impacts in the Everglades
564Protection Area.
565     6.  The district shall continue research seeking to
566optimize the design and operation of STAs and to identify other
567treatment and management methods that are superior to STAs in
568achieving optimum water quality and water quantity for the
569benefit of the Everglades. The district shall optimize the
570design and operation of the STAs described in the Everglades
571Construction Project prior to expanding their size. Additional
572methods to achieve compliance with water quality standards shall
573not be limited to more intensive management of the STAs.
574     (13)  ANNUAL REPORTS.--Beginning March 1, 2006, as part of
575the consolidated annual report required by s. 373.036(7) January
5761, 1992, the district shall report on submit to the department,
577the Governor, the Speaker of the House of Representatives, the
578Minority Leader of the House of Representatives, the President
579of the Senate, and the Minority Leader of the Senate annual
580progress reports regarding implementation of the section. The
581annual report will include a summary of the water conditions in
582the Everglades Protection Area, the status of the impacted
583areas, the status of the construction of the STAs, the
584implementation of the BMPs, and actions taken to monitor and
585control exotic species. The district must prepare the report in
586coordination with federal and state agencies.
587     (14)  EVERGLADES FUND.--The South Florida Water Management
588District is directed to separately account for all moneys used
589for the purpose of funding the Everglades Construction Project
590as part of the consolidated annual report required by s.
591373.036(7).
592     Section 13.  Subsection (3) of section 373.45926, Florida
593Statutes, is amended to read:
594     373.45926  Everglades Trust Fund; allocation of revenues
595and expenditure of funds for conservation and protection of
596natural resources and abatement of water pollution.--
597     (3)  The South Florida Water Management District shall
598furnish, as part of the consolidated annual report required by
599s. 373.036(7) on a quarterly basis, a detailed copy of its
600expenditures from the Everglades Trust Fund to the Governor, the
601President of the Senate, and the Speaker of the House of
602Representatives, and shall make copies available to the public.
603The information shall be provided in a format approved by the
604Joint Legislative Committee on Everglades Oversight. At the
605direction of the Joint Legislative Committee on Everglades
606Oversight, an audit may be made from time to time by the Auditor
607General, and such audit shall be within the authority of said
608Auditor General to make.
609     Section 14.  Paragraph (g) of subsection (3) of section
610373.4595, Florida Statutes, is amended to read:
611     373.4595  Lake Okeechobee Protection Program.--
612     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
613program for Lake Okeechobee that achieves phosphorus load
614reductions for Lake Okeechobee shall be immediately implemented
615as specified in this subsection. The program shall address the
616reduction of phosphorus loading to the lake from both internal
617and external sources. Phosphorus load reductions shall be
618achieved through a phased program of implementation. Initial
619implementation actions shall be technology-based, based upon a
620consideration of both the availability of appropriate technology
621and the cost of such technology, and shall include phosphorus
622reduction measures at both the source and the regional level.
623The initial phase of phosphorus load reductions shall be based
624upon the district's Technical Publication 81-2 and the
625district's WOD program, with subsequent phases of phosphorus
626load reductions based upon the total maximum daily loads
627established in accordance with s. 403.067. In the development
628and administration of the Lake Okeechobee Protection Program,
629the coordinating agencies shall maximize opportunities provided
630by federal cost-sharing programs and opportunities for
631partnerships with the private sector.
632     (g)  Annual progress report.--Each March January 1,
633beginning in 2006 2001, the district shall report on submit to
634the Governor, the President of the Senate, and the Speaker of
635the House of Representatives annual progress reports regarding
636implementation of this section as part of the consolidated
637annual report required in s. 373.036(7). The annual report shall
638include a summary of water quality and habitat conditions in
639Lake Okeechobee and the Lake Okeechobee watershed and the status
640of the Lake Okeechobee Construction Project. The district shall
641prepare the report in cooperation with the other coordinating
642agencies.
643     Section 15.  Subsection (7) of section 373.470, Florida
644Statutes, is amended to read:
645     373.470  Everglades restoration.--
646     (7)  ANNUAL REPORT.--To provide enhanced oversight of and
647accountability for the financial commitments established under
648this section and the progress made in the implementation of the
649comprehensive plan, the following information must be prepared
650annually as part of the consolidated annual report required by
651s. 373.036(7):
652     (a)  The district, in cooperation with the department,
653shall provide the following information as it relates to
654implementation of the comprehensive plan:
655     1.  An identification of funds, by source and amount,
656received by the state and by each local sponsor during the
657fiscal year.
658     2.  An itemization of expenditures, by source and amount,
659made by the state and by each local sponsor during the fiscal
660year.
661     3.  A description of the purpose for which the funds were
662expended.
663     4.  The unencumbered balance of funds remaining in trust
664funds or other accounts designated for implementation of the
665comprehensive plan.
666     5.  A schedule of anticipated expenditures for the next
667fiscal year.
668     (b)  The department shall prepare a detailed report on all
669funds expended by the state and credited toward the state's
670share of funding for implementation of the comprehensive plan.
671The report shall include:
672     1.  A description of all expenditures, by source and
673amount, from the Conservation and Recreation Lands Trust Fund,
674the Land Acquisition Trust Fund, the Preservation 2000 Trust
675Fund, the Florida Forever Trust Fund, the Save Our Everglades
676Trust Fund, and other named funds or accounts for the
677acquisition or construction of project components or other
678features or facilities that benefit the comprehensive plan.
679     2.  A description of the purposes for which the funds were
680expended.
681     3.  The unencumbered fiscal-year-end balance that remains
682in each trust fund or account identified in subparagraph 1.
683     (c)  The district, in cooperation with the department,
684shall provide a detailed report on progress made in the
685implementation of the comprehensive plan, including the status
686of all project components initiated after the effective date of
687this act or the date of the last report prepared under this
688subsection, whichever is later.
689
690The information required in paragraphs (a), (b), and (c) shall
691be provided as part of the consolidated annual report required
692by s. 373.036(7) annually in a single report to the Governor,
693the President of the Senate, and the Speaker of the House of
694Representatives, and copies of the report must be made available
695to the public. The initial report is due by November 30, 2000,
696and each annual report thereafter is due by March 1 January 31.
697     Section 16.  Paragraph (a) of subsection (6) of section
698373.536, Florida Statutes, is amended to read:
699     373.536  District budget and hearing thereon.--
700     (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
701WATER RESOURCE DEVELOPMENT WORK PROGRAM.--
702     (a)  Each district must, by the date specified for each
703item, furnish copies of the following documents to the Governor,
704the President of the Senate, the Speaker of the House of
705Representatives, the chairs of all legislative committees and
706subcommittees having substantive or fiscal jurisdiction over the
707districts, as determined by the President of the Senate or the
708Speaker of the House of Representatives as applicable, the
709secretary of the department, and the governing board of each
710county in which the district has jurisdiction or derives any
711funds for the operations of the district:
712     1.  The adopted budget, to be furnished within 10 days
713after its adoption.
714     2.  A financial audit of its accounts and records, to be
715furnished within 10 days after its acceptance by the governing
716board. The audit must be conducted in accordance with the
717provisions of s. 11.45 and the rules adopted thereunder. In
718addition to the entities named above, the district must provide
719a copy of the audit to the Auditor General within 10 days after
720its acceptance by the governing board.
721     3.  A 5-year capital improvements plan, to be included in
722the consolidated annual report required by s. 373.036(7)
723furnished within 45 days after the adoption of the final budget.
724The plan must include expected sources of revenue for planned
725improvements and must be prepared in a manner comparable to the
726fixed capital outlay format set forth in s. 216.043.
727     4.  A 5-year water resource development work program to be
728furnished within 30 45 days after the adoption of the final
729budget. The program must describe the district's implementation
730strategy for the water resource development component of each
731approved regional water supply plan developed or revised under
732s. 373.0361. The work program must address all the elements of
733the water resource development component in the district's
734approved regional water supply plans and must identify which
735projects in the work program will provide water, explain how
736each water resource development project will produce additional
737water available for consumptive uses, estimate the quantity of
738water to be produced by each project, and provide an assessment
739of the contribution of the district's regional water supply
740plans in providing sufficient water to meet the water supply
741needs of existing and future reasonable-beneficial uses for a 1-
742in-10-year drought event. Within 30 45 days after its submittal,
743the department shall review the proposed work program and submit
744its findings, questions, and comments to the district. The
745review must include a written evaluation of the program's
746consistency with the furtherance of the district's approved
747regional water supply plans, and the adequacy of proposed
748expenditures. As part of the review, the department shall give
749interested parties the opportunity to provide written comments
750on each district's proposed work program. Within 45 60 days
751after receipt of the department's evaluation, the governing
752board shall state in writing to the department which changes
753recommended in the evaluation it will incorporate into its work
754program submitted as part of the March 1 consolidated annual
755report required by s. 373.036(7) or specify the reasons for not
756incorporating the changes. The department shall include the
757district's responses in a final evaluation report and shall
758submit a copy of the report to the Governor, the President of
759the Senate, and the Speaker of the House of Representatives.
760     Section 17.  By February 1, 2006, the Department of
761Environmental Protection, after consultation with the five water
762management districts, shall recommend to the Governor, the
763President of the Senate, and the Speaker of the House of
764Representatives any additional changes to or consolidation of
765the existing planning and reporting requirements of chapter 373,
766Florida Statutes, that it deems appropriate to efficiently and
767effectively protect and utilize the state's water resources.
768     Section 18.  Section 373.0395, Florida Statutes, is
769repealed.
770     Section 19.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.