| 1 | Representative Williams, T. offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 97-248 and insert: |
| 5 | 3. Human Use 3 - Protection of fish consumption and full |
| 6 | body contact.-This use requires maintaining a level of water |
| 7 | quality that prevents accumulation of substances harmful to |
| 8 | human health in fish tissue. Recreational uses may support |
| 9 | prolonged and direct contact with the water with minimal risk of |
| 10 | water ingestion in quantities sufficient to pose a health |
| 11 | hazard. |
| 12 | 4. Human Use 4 - Protection of fish consumption and |
| 13 | incidental human contact.-This use requires maintaining a level |
| 14 | of water quality that prevents accumulation of substances |
| 15 | harmful to human health in fish tissue. Recreational uses may |
| 16 | result in contact with the water that is incidental or |
| 17 | accidental with minimal risk of water ingestion. Other uses |
| 18 | include, but are not limited to, waters used for flood control, |
| 19 | shipping ports, stormwater or agricultural conveyance or |
| 20 | storage, nonpotable water supply, or waters that are constructed |
| 21 | and wholly artificial. |
| 22 | 5. Human Use 5 - Protection of fish consumption.-This use |
| 23 | requires maintaining a level of water quality that prevents |
| 24 | accumulation of substances harmful to human health in fish |
| 25 | tissue. Human contact with the water is limited or restricted |
| 26 | due to unsafe physical conditions. Other uses include, but are |
| 27 | not limited to, waters used for flood control, shipping ports, |
| 28 | stormwater or agricultural conveyance or storage, nonpotable |
| 29 | water supply, or waters that are constructed and wholly |
| 30 | artificial. |
| 31 | 6. Human Use 6 - Protection of waters for crop irrigation |
| 32 | or consumption by livestock.-This use requires maintaining a |
| 33 | level of water quality suitable for consumption of water by |
| 34 | livestock or surface water withdrawal for the irrigation of |
| 35 | cropland. |
| 36 | 7. Human Use 7 - Utility and industrial uses.-This use |
| 37 | requires maintaining a level of water quality suitable for |
| 38 | utility and industrial purposes. |
| 39 | (b) Aquatic Life Uses.- |
| 40 | 1. Aquatic Life Use 1 - Propagation and maintenance of |
| 41 | exceptional aquatic communities that approximate the biological |
| 42 | structure and function of the natural background.-Under this |
| 43 | use, natural structural, functional, and taxonomic integrity is |
| 44 | preserved or approximated; structure and function are similar to |
| 45 | the natural community; and ecosystem level functions are fully |
| 46 | maintained. |
| 47 | 2. Aquatic Life Use 2 - Propagation and maintenance of |
| 48 | healthy, well-balanced aquatic communities with minimal |
| 49 | deviation of the biological structure and function relative to |
| 50 | the natural background.-Under this use, overall balanced |
| 51 | distribution of all expected groups of taxa and all ecosystem |
| 52 | functions are fully maintained. May have minimal changes in the |
| 53 | biological structure as evidenced by the replacement of |
| 54 | sensitive taxa by more tolerant taxa. |
| 55 | 3. Aquatic Life Use 3 - Protection of aquatic communities |
| 56 | with moderate deviation of the biological structure and function |
| 57 | relative to the natural background.-Under this use, changes in |
| 58 | the biological structure and function have resulted in an |
| 59 | altered aquatic community, a transition between a community |
| 60 | characterized by sensitive or expected taxa to one characterized |
| 61 | by tolerant taxa has occurred, and biology may be limited due to |
| 62 | habitat limitations, hydrologic modifications, physical |
| 63 | alterations, or other factors identified by department rule. |
| 64 | 4. Aquatic Life Use 4 - Protection of aquatic communities |
| 65 | with substantial deviation of the biological structure and |
| 66 | function relative to the natural background.-Under this use, |
| 67 | substantial changes in the biological structure and function |
| 68 | have resulted in a limited aquatic community, the community |
| 69 | consists primarily of tolerant taxa able to survive and |
| 70 | propagate under adverse or variable environmental conditions, |
| 71 | and biology may be limited due to extreme habitat limitations, |
| 72 | hydrologic modifications, physical alterations, or other factors |
| 73 | identified by department rule. |
| 74 | (2) Unless otherwise specified by department rule, the |
| 75 | following surface water classifications are renamed: |
| 76 | (a) Class I is renamed as Human Use 1/Aquatic Life Use 2. |
| 77 | (b) Class II is renamed as Human Use 2/Aquatic Life Use 2. |
| 78 | (c) Class III is renamed as Human Use 3/Aquatic Life Use |
| 79 | 2. |
| 80 | (d) Class IV is renamed as Human Use 6 and includes the |
| 81 | Class IV classification criteria. |
| 82 | (e) Class V is renamed as Human Use 7 and includes the |
| 83 | Class V classification criteria. |
| 84 | (3)(a) Surface waters or groups of similar surface waters |
| 85 | shall be assigned classifications under this section pursuant to |
| 86 | chapter 120. When adopting waters into appropriate |
| 87 | classifications, the department shall: |
| 88 | 1. Consider that manmade or other structurally modified |
| 89 | waters may exhibit physical, hydrologic, and other factors that |
| 90 | limit the attainable uses of the water. |
| 91 | 2. Assess the economic costs of achieving designated uses |
| 92 | on individual entities and communities. |
| 93 | 3. Establish appropriate water quality criteria for the |
| 94 | waters. |
| 95 | (b) Surface waters constructed pursuant to chapter 378, |
| 96 | excluding wetlands or any waters constructed for the purposes of |
| 97 | mitigation under chapter 373, may not be assigned a |
| 98 | classification until the department approves the constructed |
| 99 | waterbody for final release of obligations under chapter 378. |
| 100 | Upon approval, the constructed waterbody shall be classified |
| 101 | based on the highest attainable uses considering the location |
| 102 | and purpose for which the surface water was constructed. |
| 103 | (4) The department may adopt rules to implement this |
| 104 | section. If the department determines that changes are necessary |
| 105 | to improve the classification system under this section, it |
| 106 | shall adopt an updated classification system by rule, which |
| 107 | shall be subject to ratification by the Legislature. Upon |
| 108 | ratification of the department rule, this section is repealed. |
| 109 | Section 4. Effective July 1, 2012, paragraph (d) of |
| 110 | subsection (4) of section 373.199, Florida Statutes, is amended |
| 111 | to read: |
| 112 | 373.199 Florida Forever Water Management District Work |
| 113 | Plan.- |
| 114 | (4) The list submitted by the districts shall include, |
| 115 | where applicable, the following information for each project: |
| 116 | (d) A description of strategies and potential strategies, |
| 117 | including improved stormwater management, for restoring or |
| 118 | protecting the water body to Human Use 3/Aquatic Life Use 2 |
| 119 | Class III or better surface water quality status. Such |
| 120 | strategies may utilize alternative technologies for pollutant |
| 121 | reduction, such as cost-effective biologically-based, hybrid |
| 122 | wetlands/chemical and other innovative nutrient control |
| 123 | technologies. |
| 124 | Section 5. Effective July 1, 2012, paragraph (e) of |
| 125 | subsection (2) of section 373.453, Florida Statutes, is amended |
| 126 | to read: |
| 127 | 373.453 Surface water improvement and management plans and |
| 128 | programs.- |
| 129 | (2) Unless otherwise provided by law, the water management |
| 130 | districts, in cooperation with state agencies, local |
| 131 | governments, and others, may develop surface water improvement |
| 132 | and management plans and programs for the water bodies |
| 133 | identified on the priority lists. Plans developed pursuant to |
| 134 | this subsection shall include, but not be limited to: |
| 135 | (e) A description of strategies and a schedule for related |
| 136 | management actions for restoring or protecting the water body to |
| 137 | Human Use 3/Aquatic Life Use 2 Class III or better, including |
| 138 | those needed to help achieve state-adopted total maximum daily |
| 139 | loads for the water body; |
| 140 | Section 6. Effective July 1, 2012, paragraph (m) of |
| 141 | subsection (2) and paragraph (e) of subsection (4) of section |
| 142 | 373.4592, Florida Statutes, are amended to read: |
| 143 | 373.4592 Everglades improvement and management.- |
| 144 | (2) DEFINITIONS.-As used in this section: |
| 145 | (m) "Phosphorus criterion" means a numeric interpretation |
| 146 | for phosphorus of the applicable Class III narrative nutrient |
| 147 | criterion. |
| 148 | (4) EVERGLADES PROGRAM.- |
| 149 | (e) Evaluation of water quality standards.- |
| 150 | 1. The department and the district shall employ all means |
| 151 | practicable to complete by December 31, 1998, any additional |
| 152 | research necessary to: |
| 153 | a. Numerically interpret for phosphorus the applicable |
| 154 | Class III narrative nutrient criterion necessary to meet water |
| 155 | quality standards in the Everglades Protection Area; and |