HB 535

1	A bill to be entitled
2	An act relating to the Lake Okeechobee Protection Program;
3	amending s. 373.4595, F.S.; expanding the program to
4	include protection of the Caloosahatchee and St. Lucie
5	Rivers and their estuaries; revising legislative findings
6	and intent; providing definitions; providing for the
7	Caloosahatchee and St. Lucie River Estuary Protection
8	Program, including an Estuary Protection Plan, Estuary
9	Construction Project, Estuary Watershed Pollutant Control
10	Program, and Estuary Research, Water Quality, and Habitat
11	Monitoring Program; providing for Estuary Protection Plan
12	implementation and evaluation; providing for estuary
13	protection permits; revising requirements relating to the
14	annual progress report of the South Florida Water
15	Management District; amending s. 373.036, F.S.; conforming
16	a cross-reference to changes made by the act; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 373.4595, Florida Statutes, is amended
22	to read:
23	373.4595  Lake Okeechobee and Caloosahatchee and St. Lucie
24	River and Estuary Protection Program.--
25	(1)  FINDINGS AND INTENT.--
26	(a)  The Legislature finds that Lake Okeechobee is one of
27	the most important water resources of the state, providing many
28	functions benefiting the public interest, including
29	agricultural, public, and environmental water supply; flood
30	control; fishing; navigation and recreation; and habitat to
31	endangered and threatened species and other flora and fauna.
32	(b)  The Legislature finds that the Caloosahatchee and St.
33	Lucie Rivers and their estuaries provide significant economic
34	value and natural habitat and biodiversity and are critical
35	water resources of the state.
36	(c)  The Legislature finds that the volume, timing, and
37	water quality of discharges to the estuaries of the
38	Caloosahatchee and St. Lucie Rivers are the primary causes of
39	adverse impacts and that excess flows affect seagrasses,
40	oysters, and other living resources, including fisheries, in
41	both systems.
42	(d)(b)  The Legislature finds that land uses in the Lake
43	Okeechobee watershed and the construction of the Central and
44	Southern Florida Project have resulted in adverse changes to the
45	hydrology and water quality of Lake Okeechobee and the
46	Caloosahatchee and St. Lucie Rivers and their estuaries. These
47	hydrology and water quality changes have resulted in algal
48	blooms and other adverse impacts to water quality both in Lake
49	Okeechobee and in downstream receiving waters.
50	(e)(c)  The Legislature finds that improvement to the
51	hydrology and water quality of Lake Okeechobee and the
52	Caloosahatchee and St. Lucie Rivers and their estuaries is
53	essential to the protection of the Everglades.
54	(f)(d)  The Legislature also finds that it is imperative
55	for the state, local governments, and agricultural and
56	environmental communities to commit to restoring and protecting
57	Lake Okeechobee and downstream receiving waters, and that a
58	watershed-based approach to address these issues must be
59	developed and implemented immediately.
60	(g)(e)  The Legislature finds that phosphorus loads from
61	the Lake Okeechobee watershed have contributed to excessive
62	phosphorus levels in Lake Okeechobee and downstream receiving
63	waters and that a reduction in levels of phosphorus will benefit
64	the ecology of these systems. The excessive levels of phosphorus
65	have also resulted in an accumulation of phosphorus in the
66	sediments of Lake Okeechobee. If not removed, internal
67	phosphorus loads from the sediments are expected to delay
68	responses of the lake to external phosphorus reductions.
69	(h)(f)  The Legislature finds that the Lake Okeechobee
70	phosphorus loads set forth in the South Florida Water Management
71	District's Technical Publication 81-2 represent an appropriate
72	basis for the initial phase of phosphorus load reductions to
73	Lake Okeechobee and that subsequent phases of phosphorus load
74	reductions shall be determined by the total maximum daily loads
75	established in accordance with s. 403.067.
76	(i)(g)  The Legislature finds that this section, in
77	conjunction with s. 403.067, provides a reasonable means of
78	achieving and maintaining compliance with state water quality
79	standards.
80	(j)(h)  The Legislature finds that the implementation of
81	the programs contained in this section is for the benefit of the
82	public health, safety, and welfare and is in the public
83	interest.
84	(k)(i)  The Legislature finds that sufficient research has
85	been conducted and sufficient plans developed to immediately
86	initiate the first phase of a program to address the hydrology
87	and water quality problems in Lake Okeechobee and the
88	Caloosahatchee and St. Lucie Rivers and their estuaries
89	downstream receiving waters.
90	(l)  The Legislature finds that the tidal Caloosahatchee
91	and St. Lucie Rivers and their estuaries are affected by the
92	quality of waters discharged from Lake Okeechobee and the
93	estuaries' respective watersheds.
94	(m)  The Legislature finds that an Estuary Protection
95	Program must be developed to identify the adverse hydrologic and
96	water quality impacts within, and upstream of, the
97	Caloosahatchee and St. Lucie Rivers and their estuaries and that
98	solutions to address those impacts be developed and funded.
99	(n)(j)  The Legislature finds that in order to achieve the
100	goals and objectives of this section and to effectively
101	implement the Lake Okeechobee Watershed Phosphorus Control
102	Program pursuant to paragraph (3)(c), the state must
103	expeditiously implement the Lake Okeechobee Protection Plan
104	developed pursuant to paragraph (3)(a).
105	(o)(k)  The Legislature finds that a continuing source of
106	funding is needed to effectively implement a phosphorus control
107	program that initially targets the most significant sources
108	contributing to phosphorus loads within the watershed and
109	continues to address other sources as needed to achieve the
110	phased phosphorus load reductions required under this section.
111	(p)(l)  It is the intent of the Legislature to achieve and
112	maintain compliance with water quality standards in Lake
113	Okeechobee and downstream receiving waters through a phased,
114	comprehensive, and innovative protection program to reduce both
115	internal and external phosphorus loads to Lake Okeechobee
116	through immediate actions to achieve the phosphorus load
117	reductions set forth in Technical Publication 81-2 and long-term
118	solutions based upon the total maximum daily loads established
119	in accordance with s. 403.067. This program shall be watershed-
120	based, shall provide for consideration of all potential
121	phosphorus sources, and shall include research and monitoring,
122	development and implementation of best management practices,
123	refinement of existing regulations, and structural and
124	nonstructural projects, including public works.
125	(q)(m)  It is the intent of the Legislature that this
126	section the Lake Okeechobee Protection Program be developed and
127	implemented in coordination with and, to the greatest extent
128	practicable, through the implementation of Restudy project
129	components and other federal programs in order to maximize
130	opportunities for the most efficient and timely expenditures of
131	public funds.
132	(r)(n)  It is the intent of the Legislature that the
133	coordinating agencies encourage and support the development of
134	creative public-private partnerships and programs, including
135	opportunities for pollutant trading and credits, to facilitate
136	or further the restoration of Lake Okeechobee and the
137	Caloosahatchee and St. Lucie Rivers and their estuaries,
138	consistent with s. 403.067.
139	(2)  DEFINITIONS.--As used in this section:
140	(a)  "Best management practice" means a practice or
141	combination of practices determined by the coordinating
142	agencies, based on research, field-testing, and expert review,
143	to be the most effective and practicable on-location means,
144	including economic and technological considerations, for
145	improving water quality in agricultural and urban discharges.
146	Best management practices for agricultural discharges shall
147	reflect a balance between water quality improvements and
148	agricultural productivity.
149	(b)  "Coordinating agencies" means the Department of
150	Agriculture and Consumer Services, the Department of
151	Environmental Protection, and the South Florida Water Management
152	District.
153	(c)  "Corps of Engineers" means the United States Army
154	Corps of Engineers.
155	(d)  "Department" means the Department of Environmental
156	Protection.
157	(e)  "District" means the South Florida Water Management
158	District.
159	(f)  "District's WOD program" means the program implemented
160	pursuant to rules adopted as authorized by this section and ss.
161	373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
162	373.451, and 373.453, entitled "Works of the District Basin."
163	(g)  "Estuary" or "estuaries" means the St. Lucie River and
164	its tributaries and estuary or the Caloosahatchee River and its
165	tributaries and estuary or both rivers and their tributaries and
166	estuaries.
167	(h)(g)  "Lake Okeechobee Construction Project" means the
168	construction project developed pursuant to paragraph (3)(b).
169	(i)(h)  "Lake Okeechobee Protection Plan" means the plan
170	developed pursuant to this section and ss. 373.451-373.459.
171	(j)(i)  "Lake Okeechobee watershed" means Lake Okeechobee
172	and the area surrounding and tributary to Lake Okeechobee,
173	composed of the surrounding hydrologic basins, as defined by the
174	Lake Okeechobee Protection Plan dated January 1, 2004.
175	(k)(j)  "Lake Okeechobee Watershed Phosphorus Control
176	Program" means the program developed pursuant to paragraph
177	(3)(c).
178	(l)  "Pollutants" means pollution as defined in s. 403.031.
179	(m)(k)  "Project component" means any structural or
180	operational change, resulting from the Restudy, to the Central
181	and Southern Florida Project as it existed and was operated as
182	of January 1, 1999.
183	(n)(l)  "Restudy" means the Comprehensive Review Study of
184	the Central and Southern Florida Project, for which federal
185	participation was authorized by the Federal Water Resources
186	Development Acts of 1992 and 1996 together with related
187	Congressional resolutions and for which participation by the
188	South Florida Water Management District is authorized by s.
189	373.1501. The term includes all actions undertaken pursuant to
190	the aforementioned authorizations which will result in
191	recommendations for modifications or additions to the Central
192	and Southern Florida Project.
193	(o)(m)  "Total maximum daily load" means the sum of the
194	individual wasteload allocations for point sources and the load
195	allocations for nonpoint sources and natural background. Prior
196	to determining individual wasteload allocations and load
197	allocations, the maximum amount of a pollutant that a water body
198	or water segment can assimilate from all sources without
199	exceeding water quality standards must first be calculated.
200	(3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
201	program for Lake Okeechobee that achieves phosphorus load
202	reductions for Lake Okeechobee shall be immediately implemented
203	as specified in this subsection. The program shall address the
204	reduction of phosphorus loading to the lake from both internal
205	and external sources. Phosphorus load reductions shall be
206	achieved through a phased program of implementation. Initial
207	implementation actions shall be technology-based, based upon a
208	consideration of both the availability of appropriate technology
209	and the cost of such technology, and shall include phosphorus
210	reduction measures at both the source and the regional level.
211	The initial phase of phosphorus load reductions shall be based
212	upon the district's Technical Publication 81-2 and the
213	district's WOD program, with subsequent phases of phosphorus
214	load reductions based upon the total maximum daily loads
215	established in accordance with s. 403.067. In the development
216	and administration of the Lake Okeechobee Protection Program,
217	the coordinating agencies shall maximize opportunities provided
218	by federal cost-sharing programs and opportunities for
219	partnerships with the private sector.
220	(a)  Lake Okeechobee Protection Plan.--The district, in
221	cooperation with the other coordinating agencies, shall complete
222	a Lake Okeechobee Protection Plan in accordance with this
223	section and ss. 373.451-373.459. The plan shall contain an
224	implementation schedule for subsequent phases of phosphorus load
225	reduction consistent with the total maximum daily loads
226	established in accordance with s. 403.067. The plan shall
227	consider and build upon a review and analysis of the following:
228	1.  The performance of projects constructed during Phase I
229	of the Lake Okeechobee Construction Project, pursuant to
230	paragraph (b).
231	2.  Relevant information resulting from the Lake Okeechobee
232	Watershed Phosphorus Control Program, pursuant to paragraph (c).
233	3.  Relevant information resulting from the Lake Okeechobee
234	Research and Water Quality Monitoring Program, pursuant to
235	paragraph (d).
236	4.  Relevant information resulting from the Lake Okeechobee
237	Exotic Species Control Program, pursuant to paragraph (e).
238	5.  Relevant information resulting from the Lake Okeechobee
239	Internal Phosphorus Management Program, pursuant to paragraph
240	(f).
241	(b)  Lake Okeechobee Construction Project.--To improve the
242	hydrology and water quality of Lake Okeechobee and downstream
243	receiving waters, the district shall design and construct the
244	Lake Okeechobee Construction Project.
245	1.  Phase I.--Phase I of the Lake Okeechobee Construction
246	Project shall consist of a series of project features consistent
247	with the recommendations of the South Florida Ecosystem
248	Restoration Working Group's Lake Okeechobee Action Plan.
249	Priority basins for such projects include S-191, S-154, and
250	Pools D and E in the Lower Kissimmee River. In order to obtain
251	phosphorus load reductions to Lake Okeechobee as soon as
252	possible, the following actions shall be implemented:
253	a.  The district shall serve as a full partner with the
254	Corps of Engineers in the design and construction of the Grassy
255	Island Ranch and New Palm Dairy stormwater treatment facilities
256	as components of the Lake Okeechobee Water Retention/Phosphorus
257	Removal Critical Project. The Corps of Engineers shall have the
258	lead in design and construction of these facilities. Should
259	delays be encountered in the implementation of either of these
260	facilities, the district shall notify the department and
261	recommend corrective actions.
262	b.  The district shall obtain permits and complete
263	construction of two of the isolated wetland restoration projects
264	that are part of the Lake Okeechobee Water Retention/Phosphorus
265	Removal Critical Project. The additional isolated wetland
266	projects included in this critical project shall further reduce
267	phosphorus loading to Lake Okeechobee.
268	c.  The district shall work with the Corps of Engineers to
269	expedite initiation of the design process for the Taylor
270	Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
271	Area, a project component of the Restudy. The district shall
272	propose to the Corps of Engineers that the district take the
273	lead in the design and construction of the Reservoir Assisted
274	Stormwater Treatment Area and receive credit towards the local
275	share of the total cost of the Restudy.
276	2.  Phase II.--The district, in cooperation with the other
277	coordinating agencies and the Corps of Engineers, shall develop
278	an implementation plan for Phase II of the Lake Okeechobee
279	Construction Project. Phase II shall include construction of
280	additional facilities in the priority basins identified in
281	subparagraph (b)1., as well as facilities for other basins in
282	the Lake Okeechobee watershed. The implementation plan shall:
283	a.  Identify Lake Okeechobee Construction Project
284	facilities to be constructed to achieve a design objective of 40
285	parts per billion (ppb) for phosphorus measured as a long-term
286	flow weighted average concentration, unless an allocation has
287	been established pursuant to s. 403.067 for the Lake Okeechobee
288	total maximum daily load.
289	b.  Identify the size and location of all such Lake
290	Okeechobee Construction Project facilities.
291	c.  Provide a construction schedule for all such Lake
292	Okeechobee Construction Project facilities, including the
293	sequencing and specific timeframe for construction of each Lake
294	Okeechobee Construction Project facility.
295	d.  Provide a land acquisition schedule for lands necessary
296	to achieve the construction schedule.
297	e.  Provide a detailed schedule of costs associated with
298	the construction schedule.
299	f.  Identify, to the maximum extent practicable, impacts on
300	wetlands and state-listed species expected to be associated with
301	construction of such facilities, including potential
302	alternatives to minimize and mitigate such impacts, as
303	appropriate.
304	3.  Evaluation.--By January 1, 2004, and every 3 years
305	thereafter, the district, in cooperation with the coordinating
306	agencies, shall conduct an evaluation of any further phosphorus
307	load reductions necessary to achieve compliance with the Lake
308	Okeechobee total maximum daily load established pursuant to s.
309	403.067. Additionally, the district shall identify modifications
310	to facilities of the Lake Okeechobee Construction Project as
311	appropriate if the design objective of 40 parts per billion
312	(ppb) or the allocation established pursuant to s. 403.067 for
313	the Lake Okeechobee total maximum daily load established
314	pursuant to s. 403.067 is not being met. The evaluation shall be
315	included in the applicable annual progress report submitted
316	pursuant to paragraph (h).
317	4.  Coordination and review.--To ensure the timely
318	implementation of the Lake Okeechobee Construction Project, the
319	design of project facilities shall be coordinated with the
320	department and other interested parties to the maximum extent
321	practicable. Lake Okeechobee Construction Project facilities
322	shall be reviewed and commented upon by the department prior to
323	the execution of a construction contract by the district for
324	that facility.
325	(c)  Lake Okeechobee Watershed Phosphorus Control
326	Program.--The Lake Okeechobee Watershed Phosphorus Control
327	Program is designed to be a multifaceted approach to reducing
328	phosphorus loads by improving the management of phosphorus
329	sources within the Lake Okeechobee watershed through continued
330	implementation of existing regulations and best management
331	practices, development and implementation of improved best
332	management practices, improvement and restoration of the
333	hydrologic function of natural and managed systems, and
334	utilization of alternative technologies for nutrient reduction.
335	The coordinating agencies shall facilitate the application of
336	federal programs that offer opportunities for water quality
337	treatment, including preservation, restoration, or creation of
338	wetlands on agricultural lands.
339	1.  Agricultural nonpoint source best management practices,
340	developed in accordance with s. 403.067 and designed to achieve
341	the objectives of the Lake Okeechobee Protection Program, shall
342	be implemented on an expedited basis. The coordinating agencies
343	shall develop an interagency agreement pursuant to ss. 373.046
344	and 373.406(5) that assures the development of best management
345	practices that complement existing regulatory programs and
346	specifies how those best management practices are implemented
347	and verified. The interagency agreement shall address measures
348	to be taken by the coordinating agencies during any best
349	management practice reevaluation performed pursuant to sub-
350	subparagraph d. The department shall use best professional
351	judgment in making the initial determination of best management
352	practice effectiveness.
353	a.  As provided in s. 403.067(7)(c), the Department of
354	Agriculture and Consumer Services, in consultation with the
355	department, the district, and affected parties, shall initiate
356	rule development for interim measures, best management
357	practices, conservation plans, nutrient management plans, or
358	other measures necessary for Lake Okeechobee phosphorus load
359	reduction. The rule shall include thresholds for requiring
360	conservation and nutrient management plans and criteria for the
361	contents of such plans. Development of agricultural nonpoint
362	source best management practices shall initially focus on those
363	priority basins listed in subparagraph (b)1. The Department of
364	Agriculture and Consumer Services, in consultation with the
365	department, the district, and affected parties, shall conduct an
366	ongoing program for improvement of existing and development of
367	new interim measures or best management practices for the
368	purpose of adoption of such practices by rule.
369	b.  Where agricultural nonpoint source best management
370	practices or interim measures have been adopted by rule of the
371	Department of Agriculture and Consumer Services, the owner or
372	operator of an agricultural nonpoint source addressed by such
373	rule shall either implement interim measures or best management
374	practices or demonstrate compliance with the district's WOD
375	program by conducting monitoring prescribed by the department or
376	the district. Owners or operators of agricultural nonpoint
377	sources who implement interim measures or best management
378	practices adopted by rule of the Department of Agriculture and
379	Consumer Services shall be subject to the provisions of s.
380	403.067(7). The Department of Agriculture and Consumer Services,
381	in cooperation with the department and the district, shall
382	provide technical and financial assistance for implementation of
383	agricultural best management practices, subject to the
384	availability of funds.
385	c.  The district or department shall conduct monitoring at
386	representative sites to verify the effectiveness of agricultural
387	nonpoint source best management practices.
388	d.  Where water quality problems are detected for
389	agricultural nonpoint sources despite the appropriate
390	implementation of adopted best management practices, the
391	Department of Agriculture and Consumer Services, in consultation
392	with the other coordinating agencies and affected parties, shall
393	institute a reevaluation of the best management practices and
394	make appropriate changes to the rule adopting best management
395	practices.
396	2.  Nonagricultural nonpoint source best management
397	practices, developed in accordance with s. 403.067 and designed
398	to achieve the objectives of the Lake Okeechobee Protection
399	Program, shall be implemented on an expedited basis. The
400	department and the district shall develop an interagency
401	agreement pursuant to ss. 373.046 and 373.406(5) that assures
402	the development of best management practices that complement
403	existing regulatory programs and specifies how those best
404	management practices are implemented and verified. The
405	interagency agreement shall address measures to be taken by the
406	department and the district during any best management practice
407	reevaluation performed pursuant to sub-subparagraph d.
408	a.  The department and the district are directed to work
409	with the University of Florida's Institute of Food and
410	Agricultural Sciences to develop appropriate nutrient
411	application rates for all nonagricultural soil amendments in the
412	watershed. As provided in s. 403.067(7)(c), the department, in
413	consultation with the district and affected parties, shall
414	develop interim measures, best management practices, or other
415	measures necessary for Lake Okeechobee phosphorus load
416	reduction. Development of nonagricultural nonpoint source best
417	management practices shall initially focus on those priority
418	basins listed in subparagraph (b)1. The department, the
419	district, and affected parties shall conduct an ongoing program
420	for improvement of existing and development of new interim
421	measures or best management practices. The district shall adopt
422	technology-based standards under the district's WOD program for
423	nonagricultural nonpoint sources of phosphorus.
424	b.  Where nonagricultural nonpoint source best management
425	practices or interim measures have been developed by the
426	department and adopted by the district, the owner or operator of
427	a nonagricultural nonpoint source shall implement interim
428	measures or best management practices and be subject to the
429	provisions of s. 403.067(7). The department and district shall
430	provide technical and financial assistance for implementation of
431	nonagricultural nonpoint source best management practices,
432	subject to the availability of funds.
433	c.  The district or the department shall conduct monitoring
434	at representative sites to verify the effectiveness of
435	nonagricultural nonpoint source best management practices.
436	d.  Where water quality problems are detected for
437	nonagricultural nonpoint sources despite the appropriate
438	implementation of adopted best management practices, the
439	department and the district shall institute a reevaluation of
440	the best management practices.
441	3.  The provisions of subparagraphs 1. and 2. shall not
442	preclude the department or the district from requiring
443	compliance with water quality standards or with current best
444	management practices requirements set forth in any applicable
445	regulatory program authorized by law for the purpose of
446	protecting water quality. Additionally, subparagraphs 1. and 2.
447	are applicable only to the extent that they do not conflict with
448	any rules promulgated by the department that are necessary to
449	maintain a federally delegated or approved program.
450	4.  Projects which reduce the phosphorus load originating
451	from domestic wastewater systems within the Lake Okeechobee
452	watershed shall be given funding priority in the department's
453	revolving loan program under s. 403.1835. The department shall
454	coordinate and provide assistance to those local governments
455	seeking financial assistance for such priority projects.
456	5.  Projects that make use of private lands, or lands held
457	in trust for Indian tribes, to reduce nutrient loadings or
458	concentrations within a basin by one or more of the following
459	methods: restoring the natural hydrology of the basin, restoring
460	wildlife habitat or impacted wetlands, reducing peak flows after
461	storm events, increasing aquifer recharge, or protecting range
462	and timberland from conversion to development, are eligible for
463	grants available under this section from the coordinating
464	agencies. For projects of otherwise equal priority, special
465	funding priority will be given to those projects that make best
466	use of the methods outlined above that involve public-private
467	partnerships or that obtain federal match money. Preference
468	ranking above the special funding priority will be given to
469	projects located in a rural area of critical economic concern
470	designated by the Governor. Grant applications may be submitted
471	by any person or tribal entity, and eligible projects may
472	include, but are not limited to, the purchase of conservation
473	and flowage easements, hydrologic restoration of wetlands,
474	creating treatment wetlands, development of a management plan
475	for natural resources, and financial support to implement a
476	management plan.
477	6.a.  The department shall require all entities disposing
478	of domestic wastewater residuals within the Lake Okeechobee
479	watershed and the remaining areas of Okeechobee, Glades, and
480	Hendry Counties to develop and submit to the department an
481	agricultural use plan that limits applications based upon
482	phosphorus loading. By July 1, 2005, phosphorus concentrations
483	originating from these application sites shall not exceed the
484	limits established in the district's WOD program.
485	b.  Private and government-owned utilities within Monroe,
486	Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
487	Okeechobee, Highlands, Hendry, and Glades Counties that dispose
488	of wastewater residual sludge from utility operations and septic
489	removal by land spreading in the Lake Okeechobee watershed may
490	use a line item on local sewer rates to cover wastewater
491	residual treatment and disposal if such disposal and treatment
492	is done by approved alternative treatment methodology at a
493	facility located within the areas designated by the Governor as
494	rural areas of critical economic concern pursuant to s.
495	288.0656. This additional line item is an environmental
496	protection disposal fee above the present sewer rate and shall
497	not be considered a part of the present sewer rate to customers,
498	notwithstanding provisions to the contrary in chapter 367. The
499	fee shall be established by the county commission or its
500	designated assignee in the county in which the alternative
501	method treatment facility is located. The fee shall be
502	calculated to be no higher than that necessary to recover the
503	facility's prudent cost of providing the service. Upon request
504	by an affected county commission, the Florida Public Service
505	Commission will provide assistance in establishing the fee.
506	Further, for utilities and utility authorities that use the
507	additional line item environmental protection disposal fee, such
508	fee shall not be considered a rate increase under the rules of
509	the Public Service Commission and shall be exempt from such
510	rules. Utilities using the provisions of this section may
511	immediately include in their sewer invoicing the new
512	environmental protection disposal fee. Proceeds from this
513	environmental protection disposal fee shall be used for
514	treatment and disposal of wastewater residuals, including any
515	treatment technology that helps reduce the volume of residuals
516	that require final disposal, but such proceeds shall not be used
517	for transportation or shipment costs for disposal or any costs
518	relating to the land application of residuals in the Lake
519	Okeechobee watershed.
520	c.  No less frequently than once every 3 years, the Florida
521	Public Service Commission or the county commission through the
522	services of an independent auditor shall perform a financial
523	audit of all facilities receiving compensation from an
524	environmental protection disposal fee. The Florida Public
525	Service Commission or the county commission through the services
526	of an independent auditor shall also perform an audit of the
527	methodology used in establishing the environmental protection
528	disposal fee. The Florida Public Service Commission or the
529	county commission shall, within 120 days after completion of an
530	audit, file the audit report with the President of the Senate
531	and the Speaker of the House of Representatives and shall
532	provide copies to the county commissions of the counties set
533	forth in sub-subparagraph b. The books and records of any
534	facilities receiving compensation from an environmental
535	protection disposal fee shall be open to the Florida Public
536	Service Commission and the Auditor General for review upon
537	request.
538	7.  The Department of Health shall require all entities
539	disposing of septage within the Lake Okeechobee watershed and
540	the remaining areas of Okeechobee, Glades, and Hendry Counties
541	to develop and submit to that agency an agricultural use plan
542	that limits applications based upon phosphorus loading. By July
543	1, 2005, phosphorus concentrations originating from these
544	application sites shall not exceed the limits established in the
545	district's WOD program.
546	8.  The Department of Agriculture and Consumer Services
547	shall initiate rulemaking requiring entities within the Lake
548	Okeechobee watershed and the remaining areas of Okeechobee,
549	Glades, and Hendry Counties which land-apply animal manure to
550	develop conservation or nutrient management plans that limit
551	application, based upon phosphorus loading. Such rules may
552	include criteria and thresholds for the requirement to develop a
553	conservation or nutrient management plan, requirements for plan
554	approval, and recordkeeping requirements.
555	9.  Prior to authorizing a discharge into works of the
556	district, the district shall require responsible parties to
557	demonstrate that proposed changes in land use will not result in
558	increased phosphorus loading over that of existing land uses.
559	10.  The district, the department, or the Department of
560	Agriculture and Consumer Services, as appropriate, shall
561	implement those alternative nutrient reduction technologies
562	determined to be feasible pursuant to subparagraph (d)6.
563	(d)  Lake Okeechobee Research and Water Quality Monitoring
564	Program.--The district, in cooperation with the other
565	coordinating agencies, shall establish a Lake Okeechobee
566	Research and Water Quality Monitoring Program that builds upon
567	the district's existing Lake Okeechobee research program. The
568	program shall:
569	1.  Evaluate all available existing water quality data
570	concerning total phosphorus in the Lake Okeechobee watershed,
571	develop a water quality baseline to represent existing
572	conditions for total phosphorus, monitor long-term ecological
573	changes, including water quality for total phosphorus, and
574	measure compliance with water quality standards for total
575	phosphorus, including the total maximum daily load for Lake
576	Okeechobee as established pursuant to s. 403.067. The district
577	shall also implement a total phosphorus monitoring program at
578	all inflow structures to Lake Okeechobee.
579	2.  Develop a Lake Okeechobee water quality model that
580	reasonably represents phosphorus dynamics of the lake and
581	incorporates an uncertainty analysis associated with model
582	predictions.
583	3.  Determine the relative contribution of phosphorus from
584	all identifiable sources and all primary and secondary land
585	uses.
586	4.  Conduct an assessment of the sources of phosphorus from
587	the Upper Kissimmee chain-of-lakes and Lake Istokpoga, and their
588	relative contribution to the water quality of Lake Okeechobee.
589	The results of this assessment shall be used by the coordinating
590	agencies to develop interim measures, best management practices,
591	or regulation, as applicable.
592	5.  Assess current water management practices within the
593	Lake Okeechobee watershed and develop recommendations for
594	structural and operational improvements. Such recommendations
595	shall balance water supply, flood control, estuarine salinity,
596	maintenance of a healthy lake littoral zone, and water quality
597	considerations.
598	6.  Evaluate the feasibility of alternative nutrient
599	reduction technologies, including sediment traps, canal and
600	ditch maintenance, fish production or other aquaculture,
601	bioenergy conversion processes, and algal or other biological
602	treatment technologies.
603	(e)  Lake Okeechobee Exotic Species Control Program.--The
604	coordinating agencies shall identify the exotic species that
605	threaten the native flora and fauna within the Lake Okeechobee
606	watershed and develop and implement measures to protect the
607	native flora and fauna.
608	(f)  Lake Okeechobee Internal Phosphorus Management
609	Program.--The district, in cooperation with the other
610	coordinating agencies and interested parties, shall complete a
611	Lake Okeechobee internal phosphorus load removal feasibility
612	study. The feasibility study shall be based on technical
613	feasibility, as well as economic considerations, and address all
614	reasonable methods of phosphorus removal. If methods are found
615	to be feasible, the district shall immediately pursue the
616	design, funding, and permitting for implementing such methods.
617	(g)  Lake Okeechobee Protection Plan implementation.--The
618	coordinating agencies shall be jointly responsible for
619	implementing the Lake Okeechobee Protection Plan, consistent
620	with the statutory authority and responsibility of each agency.
621	Annual funding priorities shall be jointly established, and the
622	highest priority shall be assigned to programs and projects that
623	address phosphorus sources that have the highest relative
624	contribution to phosphorus loading and the greatest potential
625	for phosphorus reduction. In determining funding priorities, the
626	coordinating agencies shall also consider the need for
627	regulatory compliance, the extent to which the program or
628	project is ready to proceed, and the availability of federal
629	matching funds or other nonstate funding, including public-
630	private partnerships. Federal and other nonstate funding shall
631	be maximized to the greatest extent practicable.
632	(h)  Annual progress report.--Each March 1, beginning in
633	2006, the district shall report on implementation of this
634	section as part of the consolidated annual report required in s.
635	373.036(7). The annual report shall include a summary of water
636	quality and habitat conditions in Lake Okeechobee and the Lake
637	Okeechobee watershed and the status of the Lake Okeechobee
638	Construction Project. The district shall prepare the report in
639	cooperation with the other coordinating agencies.
640	(4)  LAKE OKEECHOBEE PROTECTION PERMITS.--
641	(a)  The Legislature finds that the Lake Okeechobee
642	Protection Program will benefit Lake Okeechobee and downstream
643	receiving waters and is consistent with the public interest. The
644	Lake Okeechobee Construction Project and structures discharging
645	into or from Lake Okeechobee shall be constructed, operated, and
646	maintained in accordance with this section.
647	(b)  Permits obtained pursuant to this section are in lieu
648	of all other permits under this chapter or chapter 403, except
649	those issued under s. 403.0885, if applicable. No additional
650	permits are required for the Lake Okeechobee Construction
651	Project or structures discharging into or from Lake Okeechobee,
652	if permitted under this section. Construction activities related
653	to implementation of the Lake Okeechobee Construction Project
654	may be initiated prior to final agency action, or notice of
655	intended agency action, on any permit from the department under
656	this section.
657	(c)  Within 90 days of completion of the diversion plans
658	set forth in Department Consent Orders 91-0694, 91-0707, 91-
659	0706, 91-0705, and RT50-205564, owners or operators of existing
660	structures which discharge into or from Lake Okeechobee that are
661	subject to the provisions of s. 373.4592(4)(a) shall apply for a
662	permit from the department to operate and maintain such
663	structures. By September 1, 2000, owners or operators of all
664	other existing structures which discharge into or from Lake
665	Okeechobee shall apply for a permit from the department to
666	operate and maintain such structures. The department shall issue
667	one or more such permits for a term of 5 years upon the
668	demonstration of reasonable assurance that schedules and
669	strategies to achieve and maintain compliance with water quality
670	standards have been provided for, to the maximum extent
671	practicable, and that operation of the structures otherwise
672	complies with provisions of ss. 373.413 and 373.416.
673	1.  Permits issued under this paragraph shall also contain
674	reasonable conditions to ensure that discharges of waters
675	through structures:
676	a.  Are adequately and accurately monitored;
677	b.  Will not degrade existing Lake Okeechobee water quality
678	and will result in an overall reduction of phosphorus input into
679	Lake Okeechobee, as set forth in the district's Technical
680	Publication 81-2 and the total maximum daily load established in
681	accordance with s. 403.067, to the maximum extent practicable;
682	and
683	c.  Do not pose a serious danger to public health, safety,
684	or welfare.
685	2.  For the purposes of this paragraph, owners and
686	operators of existing structures which are subject to the
687	provisions of s. 373.4592(4)(a) and which discharge into or from
688	Lake Okeechobee shall be deemed in compliance with the term
689	"maximum extent practicable" if they are in full compliance with
690	the conditions of permits under chapters 40E-61 and 40E-63,
691	Florida Administrative Code.
692	3.  By January 1, 2004, the district shall submit to the
693	department a permit modification to the Lake Okeechobee
694	structure permits to incorporate proposed changes necessary to
695	ensure that discharges through the structures covered by this
696	permit achieve state water quality standards, including the
697	total maximum daily load established in accordance with s.
698	403.067. These changes shall be designed to achieve such
699	compliance with state water quality standards no later than
700	January 1, 2015.
701	(d)  The department shall require permits for Lake
702	Okeechobee Construction Project facilities. However, projects
703	identified in sub-subparagraph (3)(b)1.b. that qualify as exempt
704	pursuant to s. 373.406 shall not need permits under this
705	section. Such permits shall be issued for a term of 5 years upon
706	the demonstration of reasonable assurances that:
707	1.  The Lake Okeechobee Construction Project facility,
708	based upon the conceptual design documents and any subsequent
709	detailed design documents developed by the district, will
710	achieve the design objectives for phosphorus required in
711	paragraph (3)(b);
712	2.  For water quality standards other than phosphorus, the
713	quality of water discharged from the facility is of equal or
714	better quality than the inflows;
715	3.  Discharges from the facility do not pose a serious
716	danger to public health, safety, or welfare; and
717	4.  Any impacts on wetlands or state-listed species
718	resulting from implementation of that facility of the Lake
719	Okeechobee Construction Project are minimized and mitigated, as
720	appropriate.
721	(e)  At least 60 days prior to the expiration of any permit
722	issued under this section, the permittee may apply for a renewal
723	thereof for a period of 5 years.
724	(f)  Permits issued under this section may include any
725	standard conditions provided by department rule which are
726	appropriate and consistent with this section.
727	(g)  Permits issued pursuant to this section may be
728	modified, as appropriate, upon review and approval by the
729	department.
730	(5)  CALOOSAHATCHEE AND ST. LUCIE RIVER AND ESTUARY
731	PROTECTION PROGRAM.--A protection program for the estuaries
732	shall be developed and implemented as specified in this
733	subsection. The program shall address the reduction of pollutant
734	loadings to the estuaries, restoration of natural hydrology, and
735	compliance with applicable state water quality standards. The
736	program shall be achieved through a phased program of
737	implementation. In addition, pollutant load reductions based
738	upon adopted total maximum daily loads established in accordance
739	with s. 403.067 shall serve as a program objective. In the
740	development and administration of the program, the coordinating
741	agencies shall maximize opportunities provided by federal and
742	local government cost-sharing programs and opportunities for
743	partnerships with the private sector and local government. The
744	department is directed to develop and adopt total maximum daily
745	loads for the estuaries. The department is further directed to
746	develop and adopt numeric standards for those state water
747	quality parameters that contribute to degradation of estuarine
748	water quality and habitat.
749	(a)  Estuary Protection Plan.--No later than January, 1
750	2009, the district, in cooperation with the other coordinating
751	agencies, Martin and Lee Counties, and other affected local
752	governments, shall complete an Estuary Protection Plan in
753	accordance with this subsection. The plan shall contain an
754	implementation schedule for pollutant load reductions consistent
755	with any adopted total maximum daily loads and compliance with
756	applicable state water quality standards. The plan shall
757	develop, consider, and build upon a review and analysis of the
758	following:
759	1.  Relevant information resulting from the Estuary
760	Watershed Pollutant Control Program developed pursuant to this
761	subsection.
762	2.  Relevant information resulting from the Estuary
763	Research, Water Quality, and Habitat Monitoring Program
764	developed pursuant to this subsection.
765
766	Data analysis shall include the creation of appropriate
767	hydraulic and water quality models that shall be updated as new
768	information is collected. These models shall be used to develop
769	design objectives for the Estuary Construction Project and
770	improvement of estuarine water quality and habitat.
771	(b)  Estuary Construction Project.--To improve the
772	hydrology, water quality, and habitats within the estuaries, the
773	district shall, no later than January 1, 2012, plan, design, and
774	construct the initial phase of estuary construction projects. In
775	doing so, the district shall:
776	1.  Develop and designate the Estuary Construction Project
777	facilities to be constructed to achieve stated goals and
778	objectives of the Estuary Protection Plan.
779	2.  Identify the size and location of all such Estuary
780	Construction Project facilities.
781	3.  Provide a construction schedule for all such Estuary
782	Construction Project facilities, including the sequencing and
783	specific timeframe for construction of each Estuary Construction
784	Project facility.
785	4.  Provide a schedule for the acquisition of lands or
786	sufficient interests necessary to achieve the construction
787	schedule.
788	5.  Provide a schedule of costs and benefits associated
789	with each construction project and identify funding sources.
790
791	To ensure the timely implementation to the Estuary Construction
792	Project, the design of project facilities shall be coordinated
793	with the department, Lee and Martin Counties, other interested
794	parties, and other affected local governments.
795	(c)  Estuary Watershed Pollutant Control Program.--The
796	Estuary Watershed Pollutant Control Program is designed to be a
797	multifaceted approach to reducing pollutant loads by improving
798	the management of pollutant sources within the estuary
799	watersheds through continued implementation of existing
800	regulations and best management practices, development and
801	implementation of improved best management practices,
802	improvement and restoration of the hydrologic function of
803	natural and managed systems, and utilization of alternative
804	technologies for pollutant reduction. The coordinating agencies
805	shall facilitate the utilization of federal programs that offer
806	opportunities for water quality treatment, including
807	preservation, restoration, or creation of wetlands on
808	agricultural lands.
809	1.  Nonpoint source best management practices, designed to
810	achieve the objectives of the Estuary Protection Program, shall
811	be implemented on an expedited basis. The coordinating agencies
812	shall develop an intergovernmental agreement that ensures the
813	development of best management practices that complement
814	existing regulatory programs and specifies how such best
815	management practices are implemented and verified. The
816	coordinating agencies may enter into intergovernmental
817	agreements with local governments. The coordinating agencies
818	shall develop an intergovernmental agreement with Lee County or
819	Martin County or both counties to implement this subsection
820	within their respective geographic boundaries.
821	2.  The district or department shall conduct monitoring at
822	representative sites as selected by scientific and statistical
823	methods to verify the effectiveness of nonpoint source best
824	management practices.
825	3.  Where water quality problems are detected for nonpoint
826	sources, despite the appropriate implementation of adopted best
827	management practices, the department or Department of
828	Agriculture and Consumer Services, as appropriate, pursuant to
829	s.403.067, in consultation with the other coordinating agencies
830	and affected parties, shall institute a reevaluation of the best
831	management practices and adopt by rule more effective best
832	management practices.
833	4.  Nothing in this subsection precludes the department or
834	the district from requiring compliance with water quality
835	standards, adopted total maximum daily loads, or current best
836	management practices requirements set forth in any applicable
837	regulatory program authorized by law for the purpose of
838	protecting water quality. This subsection is applicable only to
839	the extent that it does do not conflict with any rules
840	promulgated by the department or district that are necessary to
841	maintain a federally delegated or approved program.
842	5.  Projects that make use of private lands, or lands held
843	in trust for Indian tribes, to reduce pollutant loadings or
844	concentrations within a basin, or that reduce the volume of
845	harmful discharges from Lake Okeechobee or the estuary
846	watersheds, by one or more of the following methods: restoring
847	the natural hydrology of the basin, restoring wildlife habitat
848	or impacted wetlands, reducing peak flows after storm events, or
849	increasing aquifer recharge, are eligible for grants available
850	under this section from the coordinating agencies. In addition,
851	special funding priority will be given to projects that obtain
852	federal or local government match money. Preference ranking
853	above the special funding priority shall be given to projects
854	located in a rural area of critical economic concern designated
855	by the Governor. Grant applications may be submitted by any
856	person or tribal entity, and eligible projects may include, but
857	are not limited to, the purchase of conservation and flowage
858	easements, hydrologic restoration of wetlands, creation of
859	treatment wetlands, development of a management plan for natural
860	resources, and financial support to implement the management
861	plan.
862	6.  Prior to authorizing a discharge into the estuaries,
863	the district shall require responsible parties to demonstrate
864	that proposed changes in land use will not result in increased
865	pollutant loading and increased runoff volume over that of
866	existing land uses.
867	(d)  Estuary Research, Water Quality, and Habitat
868	Monitoring Program.--The district, in cooperation with the other
869	coordinating agencies and other local governments, shall
870	establish an Estuary Research, Water Quality, and Habitat
871	Monitoring Program that builds upon the district's existing
872	research program. The program shall:
873	1.  Evaluate all available existing water quality data
874	concerning total pollutants in the estuaries' watersheds,
875	develop a water quality baseline to represent existing
876	conditions, and measure compliance with water quality standards,
877	achievement of salinity targets, and total maximum daily loads
878	for the estuaries. The district shall also implement pollutant
879	monitoring programs at representative sites as selected by
880	scientific and statistical methods to quantify inflows to the
881	estuaries.
882	2.  Develop and improve estuary water quality models that
883	reasonably represent the dynamics of the estuaries and
884	incorporate an uncertainty analysis associated with model
885	predictions.
886	3.  Determine the relative contribution of pollutants and
887	runoff from all major sources.
888	4.  Evaluate all available estuarine research, habitat
889	monitoring data, and restoration data, develop a habitat
890	baseline to represent existing and desired future conditions,
891	and measure success in enhancing habitat values.
892	5.  Conduct an assessment of the water volumes and timing
893	from the upstream Lake Okeechobee watershed, including the
894	Kissimmee chain-of-lakes and Lake Istokpoga and its watershed
895	and the lower portion of the Lake Okeechobee watershed, and
896	their relative contribution to the water level changes in Lake
897	Okeechobee. The results of this assessment shall be used by the
898	coordinating agencies to develop operational and structural
899	measures or regulations, as applicable, to benefit the
900	estuaries.
901	6.  Assess current water management practices within the
902	estuary watersheds and develop recommendations for structural,
903	nonstructural, and operational improvements. Such
904	recommendations shall consider and balance water supply, flood
905	control, estuarine salinity, estuarine habitat, and water
906	quality considerations.
907	(e)  Estuary Protection Plan implementation.--The
908	coordinating agencies shall be jointly responsible for
909	implementing the Estuary Protection Plan, consistent with the
910	statutory authority and responsibility of each agency. Annual
911	funding priorities shall be jointly established, and the highest
912	priority shall be assigned to programs and projects that have
913	the greatest potential for achieving the goals and objectives of
914	the plan. In determining funding priorities, the coordinating
915	agencies shall also consider the need for regulatory compliance,
916	the extent to which the program or project is ready to proceed,
917	and the availability of federal or local government matching
918	funds. Federal and other nonstate funding shall be maximized to
919	the greatest extent practicable.
920	(f)  Evaluation.--By March 1, 2012, and every 3 years
921	thereafter, the district, in cooperation with the coordinating
922	agencies, shall conduct an evaluation of any pollutant load
923	reduction goals, or other goals, as stated in the Estuary
924	Protection Plan. Additionally, the district shall identify
925	modifications to facilities of the Estuary Construction Project,
926	as appropriate, or any other elements of the Estuary Protection
927	Plan. The evaluation shall be included in the annual progress
928	report submitted pursuant to subsection (7).
929	(h)  Estuary protection permits.--
930	1.  The Legislature finds that the Estuary Protection
931	Program will benefit the Caloosahatchee and St. Lucie estuaries
932	and is consistent with the public interest.
933	2.  Permits obtained pursuant to this subsection are in
934	lieu of all other permits under this chapter or chapter 403,
935	except those issued under s. 403.0885, if applicable. No
936	additional permits are required for the Estuary Construction
937	Project, if permitted under this subsection.
938	3.  The department shall issue one or more such permits for
939	a term of 5 years upon the demonstration of reasonable assurance
940	that schedules and strategies to achieve and maintain stated
941	goals of the Estuary Protection Plan have been provided for, to
942	the maximum extent practicable, and that operation of the
943	projects otherwise complies with provisions of ss. 373.413 and
944	373.416.
945	4.  Permits issued under this paragraph shall also contain
946	reasonable conditions to ensure that discharges of waters
947	through structures:
948	a.  Are adequately and accurately monitored;
949	b.  Will not degrade existing estuary water quality and
950	will result in an overall reduction of pollutant inputs into the
951	estuary and the total maximum daily load established in
952	accordance with s. 403.067, to the maximum extent practicable;
953	and
954	c.  Do not pose a serious danger to public health, safety,
955	or welfare.
956	5.  The district shall submit to the department a permit
957	modification to the Estuary Construction Plan permits to
958	incorporate proposed changes necessary to ensure that discharges
959	from the projects covered by this permit achieve state water
960	quality standards, including the total maximum daily loads
961	established in accordance with s. 403.067.
962	6.  Such permits shall be issued for a term of 5 years upon
963	the demonstration of reasonable assurances that:
964	a.  The Estuary Construction Project facility, based upon
965	the conceptual design documents and any subsequent detailed
966	design documents developed by the district, will achieve the
967	design objectives establish pursuant to this subsection;
968	b.  For water quality standards, the quality of water
969	discharged from the facility is of equal or better quality than
970	the inflows;
971	c.  Discharges from the facility do not pose a serious
972	danger to public health, safety, or welfare; and
973	d.  Any impacts on wetlands or state-listed species
974	resulting from implementation of that facility of the Estuary
975	Construction Project are minimized and mitigated, as
976	appropriate.
977	7.  At least 60 days prior to the expiration of any permit
978	issued under this subsection, the permittee may apply for
979	renewal of the permit for a period of 5 years.
980	8.  Permits issued under this subsection may include any
981	standard conditions provided by department rule which are
982	appropriate and consistent with this subsection.
983	9.  Permits issued pursuant to this subsection may be
984	modified, as appropriate, upon review and approval by the
985	department.
986	(6)(5)  RESTRICTIONS ON WATER DIVERSIONS.--The South
987	Florida Water Management District shall not divert waters to the
988	St. Lucie River, the Indian River estuary, the Caloosahatchee
989	River or its estuary, or the Everglades National Park, in such a
990	way that the state water quality standards are violated, that
991	the nutrients in such diverted waters adversely affect
992	indigenous vegetation communities or wildlife, or that fresh
993	waters diverted to the St. Lucie River or the Caloosahatchee or
994	Indian River estuaries adversely affect the estuarine vegetation
995	or wildlife, unless the receiving waters will biologically
996	benefit by the diversion. However, diversion is permitted when
997	an emergency is declared by the water management district, if
998	the Secretary of Environmental Protection concurs.
999	(7)  ANNUAL PROGRESS REPORT.--The district shall report on
1000	implementation of this section as part of the consolidated
1001	annual report required in s. 373.036(7). The annual report shall
1002	include:
1003	(a)  A summary of water quality and habitat conditions in
1004	Lake Okeechobee, the Lake Okeechobee watershed, and the status
1005	of the Lake Okeechobee Construction Project.
1006	(b)  A summary of water quality and habitat conditions in
1007	the estuaries and the estuary watersheds and the status of the
1008	Estuary Construction Project.
1009
1010	The district shall prepare the report in cooperation with the
1011	other coordinating agencies as well as affected local
1012	governments.
1013	(8)(6)  PRESERVATION OF PROVISIONS RELATING TO THE
1014	EVERGLADES.--Nothing in this section shall be construed to
1015	modify any provision of s. 373.4592.
1016	(9)(7)  RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing in
1017	this section is intended to diminish or alter the governmental
1018	authority and powers of the Seminole Tribe of Florida, or
1019	diminish or alter the rights of that tribe, including, but not
1020	limited to, rights under the water rights compact among the
1021	Seminole Tribe of Florida, the state, and the South Florida
1022	Water Management District as enacted by Pub. L. No. 100-228, 101
1023	Stat. 1556, and chapter 87-292, Laws of Florida, and codified in
1024	s. 285.165, and rights under any other agreement between the
1025	Seminole Tribe of Florida and the state or its agencies. No land
1026	of the Seminole Tribe of Florida shall be used for water storage
1027	or stormwater treatment without the consent of the tribe.
1028	(10)(8)  RELATIONSHIP TO STATE WATER QUALITY
1029	STANDARDS.--Nothing in this section shall be construed to modify
1030	any existing state water quality standard.
1031	(11)(9)  PRESERVATION OF AUTHORITY.--Nothing in this
1032	section shall be construed to restrict the authority otherwise
1033	granted to agencies pursuant to chapters 373 and 403, and
1034	provisions of this section shall be deemed supplemental to the
1035	authority granted to agencies pursuant to chapters 373 and 403.
1036	Section 2.  Paragraph (e) of subsection (7) of section
1037	373.036, Florida Statutes, is amended to read:
1038	373.036  Florida water plan; district water management
1039	plans.--
1040	(7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL
1041	REPORT.--
1042	(e)  In addition to the elements specified in paragraph
1043	(b), the South Florida Water Management District shall include
1044	in the consolidated annual report the following elements:
1045	1.  The Lake Okeechobee Protection Program annual progress
1046	report required by s. 373.4595(7)(3)(g).
1047	2.  The Everglades annual progress reports specified in s.
1048	373.4592(4)(d)5., (13), and (14).
1049	3.  The Everglades restoration annual report required by s.
1050	373.470(7).
1051	4.  The Everglades Forever Act annual implementation report
1052	required by s. 11.80(4).
1053	5.  The Everglades Trust Fund annual expenditure report
1054	required by s. 373.45926(3).
1055	Section 3.  This act shall take effect July 1, 2007.

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