Florida Senate - 2015          (Corrected Copy)    CS for SB 918
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Dean
       
       
       
       
       592-02829B-15                                          2015918c1
    1                        A bill to be entitled                      
    2         An act relating to environmental resources; amending
    3         s. 259.032, F.S.; requiring the Department of
    4         Environmental Protection to publish, update, and
    5         maintain a database of conservation lands; requiring
    6         the department to submit a report to the Governor and
    7         the Legislature identifying the percentage of such
    8         lands which the public has access to and the efforts
    9         the department has undertaken to increase public
   10         access; amending ss. 260.0144 and 335.065, F.S.;
   11         conforming provisions to changes made by the act;
   12         creating s. 339.81, F.S.; creating the Florida Shared
   13         Use Nonmotorized Trail Network; specifying the
   14         composition of the network; requiring the network to
   15         be included in the Department of Transportation’s work
   16         program; declaring the planning, development,
   17         operation, and maintenance of the network to be a
   18         public purpose; authorizing the department to transfer
   19         maintenance responsibilities to certain state agencies
   20         and contract with not-for-profit or private sector
   21         entities to provide maintenance services; authorizing
   22         the department to adopt rules; creating s. 339.82,
   23         F.S.; requiring the department to develop a Shared-Use
   24         Nonmotorized Trail Network Plan; creating s. 339.83,
   25         F.S.; authorizing the department to enter into
   26         concession agreements with not-for-profit or private
   27         sector entities for certain commercial sponsorship
   28         signs, markings, and exhibits; authorizing the
   29         department to contract for the provision of certain
   30         services related to the trail sponsorship program;
   31         authorizing the department to adopt rules; amending s.
   32         373.019, F.S.; revising the definition of the term
   33         “water resource development” to include self-suppliers
   34         under certain circumstances; amending s. 373.036,
   35         F.S.; requiring certain information to be included in
   36         the consolidated annual report for each project
   37         related to water quality or water quantity; amending
   38         s. 373.042, F.S.; requiring the Department of
   39         Environmental Protection or the governing board of a
   40         water management district to establish a minimum flow
   41         or minimum water level for an Outstanding Florida
   42         Spring; requiring the establishment of interim minimum
   43         flows or minimum water levels if minimum flows or
   44         minimum levels have not been adopted; requiring the
   45         application of interim minimum flows or minimum water
   46         levels in water management districts that may affect
   47         an interim minimum flow or minimum water level
   48         established in another water management district;
   49         providing a deadline for development and
   50         implementation of recovery or prevention strategies
   51         under certain circumstances; authorizing the
   52         department to use emergency rulemaking procedures
   53         under certain circumstances; amending s. 373.0421,
   54         F.S.; directing the department and water management
   55         district governing boards to adopt and implement
   56         certain recovery or prevention strategies concurrent
   57         with the adoption of minimum flows and levels;
   58         providing criteria for such recovery or prevention
   59         strategies; requiring amendments to regional water
   60         supply plans to be concurrent with relevant portions
   61         of the recovery or prevention strategy; directing
   62         water management districts to notify the department
   63         when water use permit applications are denied for a
   64         specified reason; providing for the review and update
   65         of regional water supply plans in such cases;
   66         conforming cross-references; creating s. 373.0465,
   67         F.S.; providing legislative intent; defining the term
   68         “Central Florida Water Initiative Area”; requiring the
   69         department, the St. Johns River Water Management
   70         District, the South Florida Water Management District,
   71         the Southwest Florida Water Management District, and
   72         the Department of Agriculture and Consumer Services to
   73         develop and implement a multidistrict regional water
   74         supply plan; providing plan criteria and requirements;
   75         providing applicability; requiring the department to
   76         adopt rules; amending s. 373.1501, F.S.; specifying
   77         authority of the South Florida Water Management
   78         District to allocate quantities of, and assign
   79         priorities for the use of, water within its
   80         jurisdiction; directing the district to provide
   81         recommendations to the United States Army Corps of
   82         Engineers when developing or implementing certain
   83         water control plans or regulation schedules; amending
   84         s. 373.223, F.S.; requiring consumptive use permits
   85         authorizing over a certain amount to be monitored on a
   86         specified basis; requiring the costs of monitoring to
   87         be borne by the permittee; amending s. 373.2234, F.S.;
   88         directing water management district governing boards
   89         to consider the identification of preferred water
   90         supply sources for certain water users; amending s.
   91         373.227, F.S.; prohibiting water management districts
   92         from modifying permitted allocation amounts under
   93         certain circumstances; requiring the water management
   94         districts to adopt rules to promote water conservation
   95         incentives; amending s. 373.233, F.S.; providing
   96         conditions under which the department and water
   97         management district governing boards are directed to
   98         give preference to certain applications; amending s.
   99         373.4591, F.S.; providing priority consideration to
  100         certain public-private partnerships for water storage,
  101         groundwater recharge, and water quality improvements
  102         on private agricultural lands; amending s. 373.4595,
  103         F.S.; revising and providing definitions relating to
  104         the Northern Everglades and Estuaries Protection
  105         Program; clarifying provisions of the Lake Okeechobee
  106         Watershed Protection Program; directing the South
  107         Florida Water Management District to revise certain
  108         rules and provide for a watershed research and water
  109         quality monitoring program; revising provisions for
  110         the Caloosahatchee River Watershed Protection Program
  111         and the St. Lucie River Watershed Protection Program;
  112         revising permitting and annual reporting requirements
  113         relating to the Northern Everglades and Estuaries
  114         Protection Program; providing enforcement provisions
  115         for certain basin management action plans; amending s.
  116         373.536, F.S.; requiring a water management district
  117         to include an annual funding plan in the water
  118         resource development work program; directing the
  119         department to post the work program on its website;
  120         amending s. 373.703, F.S.; authorizing water
  121         management districts to contract with private
  122         landowners for water production; amending s. 373.705,
  123         F.S.; providing first consideration for funding
  124         assistance to certain water supply development
  125         projects; requiring governing boards to include
  126         certain information in their annual budget submittals;
  127         requiring water management districts to promote
  128         expanded cost-share criteria for additional
  129         conservation practices; amending s. 373.707, F.S.;
  130         authorizing water management districts to provide
  131         technical and financial assistance to self-suppliers
  132         and to waive certain construction costs of alternative
  133         water supply development projects by certain water
  134         users; amending s. 373.709, F.S.; requiring water
  135         supply plans to include traditional and alternative
  136         water supply project options that are technically and
  137         financially feasible; directing the department to
  138         include certain funding analyses and project
  139         explanations in regional water supply planning
  140         reports; creating part VIII of ch. 373, F.S., entitled
  141         the “Florida Springs and Aquifer Protection Act”;
  142         creating s. 373.801, F.S.; providing legislative
  143         findings and intent; creating s. 373.802, F.S.;
  144         defining terms; creating s. 373.803, F.S.; requiring
  145         the department to delineate a priority focus area for
  146         each Outstanding Florida Spring by a certain date;
  147         creating s. 373.805, F.S.; requiring the department or
  148         a water management district to adopt or revise various
  149         recovery or prevention strategies under certain
  150         circumstances by a certain date; providing minimum
  151         requirements for recovery or prevention strategies for
  152         Outstanding Florida Springs; authorizing local
  153         governments to apply for an extension for projects in
  154         an adopted recovery or prevention strategy; creating
  155         s. 373.807, F.S.; requiring the department to initiate
  156         assessments of Outstanding Florida Springs by a
  157         certain date; requiring the department to develop
  158         basin management action plans; authorizing local
  159         governments to apply for an extension for projects in
  160         an adopted basin management action plan; requiring
  161         local governments to adopt an urban fertilizer
  162         ordinance by a certain date; requiring the department,
  163         the Department of Health, and local governments to
  164         identify onsite sewage treatment and disposal systems
  165         within each priority focus area; requiring local
  166         governments to develop onsite sewage treatment and
  167         disposal system remediation plans; prohibiting
  168         property owners with identified onsite sewage
  169         treatment and disposal systems from being required to
  170         pay certain costs; creating s. 373.811, F.S.;
  171         specifying prohibited activities within a priority
  172         focus area of an Outstanding Florida Spring; creating
  173         s. 373.813, F.S.; providing rulemaking authority;
  174         creating s. 373.815, F.S.; requiring the department to
  175         submit annual reports; amending s. 403.061, F.S.;
  176         requiring the department to create a consolidated
  177         water resources work plan; directing the department to
  178         adopt by rule a specific surface water classification
  179         to protect surface waters used for treated potable
  180         water supply; providing criteria for such rule;
  181         authorizing the reclassification of surface waters
  182         used for treated potable water supply notwithstanding
  183         such rule; requiring the department to create and
  184         maintain a web-based interactive map; creating s.
  185         403.0616, F.S.; creating the Florida Water Resources
  186         Advisory Council to provide the Legislature with
  187         recommendations for projects submitted by governmental
  188         entities; requiring the council to consolidate various
  189         reports to enhance the water resources of this state;
  190         requiring the department to adopt rules; creating s.
  191         403.0617, F.S.; requiring the department to adopt
  192         rules to fund certain pilot projects; amending s.
  193         403.0623, F.S.; requiring the department to establish
  194         certain standards to ensure statewide consistency;
  195         requiring the department to maintain a centralized
  196         database for testing results and analysis of water
  197         quantity and quality data; amending s. 403.861, F.S.;
  198         directing the department to add treated potable water
  199         supply as a designated use of a surface water segment
  200         under certain circumstances; providing an effective
  201         date.
  202          
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. Paragraph (g) is added to subsection (11) of
  206  section 259.032, Florida Statutes, to read:
  207         259.032 Conservation and Recreation Lands Trust Fund;
  208  purpose.—
  209         (11)
  210         (g) In order to ensure that the public has knowledge of and
  211  access to conservation lands, as defined in s. 253.034(2)(c),
  212  the department shall publish, update, and maintain a database of
  213  such lands where public access is compatible with conservation
  214  and recreation purposes.
  215         1. By July 1, 2016, the database must be available to the
  216  public online and must include, at a minimum, the location,
  217  types of allowable recreational opportunities, points of public
  218  access, facilities or other amenities, restrictions, and any
  219  other information the department deems appropriate to increase
  220  public awareness of recreational opportunities on conservation
  221  lands. Such data must be electronically accessible, searchable,
  222  and downloadable in a generally acceptable format.
  223         2. The department, through its own efforts or through
  224  partnership with a third-party entity, shall create an
  225  application downloadable on mobile devices to be used to locate
  226  state lands available for public access using the users
  227  locational information or based upon an activity of interest.
  228         3.The database and application must include information
  229  for all state conservation lands to which the public has a right
  230  of access for recreational purposes. Beginning January 1, 2018,
  231  to the greatest extent practicable, the database shall include
  232  similar information for lands owned by federal and local
  233  government entities that allow access for recreational purposes.
  234         4. By January 1 of each year, the department shall provide
  235  a report to the Governor, the President of the Senate, and the
  236  Speaker of the House of Representatives describing the
  237  percentage of public lands acquired under this chapter to which
  238  the public has access and efforts undertaken by the department
  239  to increase public access to such lands.
  240         Section 2. Section 260.0144, Florida Statutes, is amended
  241  to read:
  242         260.0144 Sponsorship of state greenways and trails.—The
  243  department may enter into a concession agreement with a not-for
  244  profit entity or private sector business or entity for
  245  commercial sponsorship to be displayed on state greenway and
  246  trail facilities not included within the Shared-Use Nonmotorized
  247  Trail Network established in chapter 339 or property specified
  248  in this section. The department may establish the cost for
  249  entering into a concession agreement.
  250         (1) A concession agreement shall be administered by the
  251  department and must include the requirements found in this
  252  section.
  253         (2)(a) Space for a commercial sponsorship display may be
  254  provided through a concession agreement on certain state-owned
  255  greenway or trail facilities or property.
  256         (b) Signage or displays erected under this section shall
  257  comply with the provisions of s. 337.407 and chapter 479, and
  258  shall be limited as follows:
  259         1. One large sign or display, not to exceed 16 square feet
  260  in area, may be located at each trailhead or parking area.
  261         2. One small sign or display, not to exceed 4 square feet
  262  in area, may be located at each designated trail public access
  263  point.
  264         (c) Before installation, each name or sponsorship display
  265  must be approved by the department.
  266         (d) The department shall ensure that the size, color,
  267  materials, construction, and location of all signs are
  268  consistent with the management plan for the property and the
  269  standards of the department, do not intrude on natural and
  270  historic settings, and contain only a logo selected by the
  271  sponsor and the following sponsorship wording:
  272  
  273         ...(Name of the sponsor)... proudly sponsors the costs
  274         of maintaining the ...(Name of the greenway or
  275         trail)....
  276  
  277         (e) Sponsored state greenways and trails are authorized at
  278  the following facilities or property:
  279         1. Florida Keys Overseas Heritage Trail.
  280         2. Blackwater Heritage Trail.
  281         3. Tallahassee-St. Marks Historic Railroad State Trail.
  282         4. Nature Coast State Trail.
  283         5. Withlacoochee State Trail.
  284         6. General James A. Van Fleet State Trail.
  285         7. Palatka-Lake Butler State Trail.
  286         (e)(f) The department may enter into commercial sponsorship
  287  agreements for other state greenways or trails as authorized in
  288  this section. A qualified entity that desires to enter into a
  289  commercial sponsorship agreement shall apply to the department
  290  on forms adopted by department rule.
  291         (f)(g) All costs of a display, including development,
  292  construction, installation, operation, maintenance, and removal
  293  costs, shall be paid by the concessionaire.
  294         (3) A concession agreement shall be for a minimum of 1
  295  year, but may be for a longer period under a multiyear
  296  agreement, and may be terminated for just cause by the
  297  department upon 60 days’ advance notice. Just cause for
  298  termination of a concession agreement includes, but is not
  299  limited to, violation of the terms of the concession agreement
  300  or any provision of this section.
  301         (4) Commercial sponsorship pursuant to a concession
  302  agreement is for public relations or advertising purposes of the
  303  not-for-profit entity or private sector business or entity, and
  304  may not be construed by that not-for-profit entity or private
  305  sector business or entity as having a relationship to any other
  306  actions of the department.
  307         (5) This section does not create a proprietary or
  308  compensable interest in any sign, display site, or location.
  309         (6) Proceeds from concession agreements shall be
  310  distributed as follows:
  311         (a) Eighty-five percent shall be deposited into the
  312  appropriate department trust fund that is the source of funding
  313  for management and operation of state greenway and trail
  314  facilities and properties.
  315         (b) Fifteen percent shall be deposited into the State
  316  Transportation Trust Fund for use in the Traffic and Bicycle
  317  Safety Education Program and the Safe Paths to School Program
  318  administered by the Department of Transportation.
  319         (7) The department may adopt rules to administer this
  320  section.
  321         Section 3. Subsections (3) and (4) of section 335.065,
  322  Florida Statutes, are amended to read:
  323         335.065 Bicycle and pedestrian ways along state roads and
  324  transportation facilities.—
  325         (3) The department, in cooperation with the Department of
  326  Environmental Protection, shall establish a statewide integrated
  327  system of bicycle and pedestrian ways in such a manner as to
  328  take full advantage of any such ways which are maintained by any
  329  governmental entity. The department may enter into a concession
  330  agreement with a not-for-profit entity or private sector
  331  business or entity for commercial sponsorship displays on
  332  multiuse trails and related facilities and use any concession
  333  agreement revenues for the maintenance of the multiuse trails
  334  and related facilities. Commercial sponsorship displays are
  335  subject to the requirements of the Highway Beautification Act of
  336  1965 and all federal laws and agreements, when applicable. For
  337  the purposes of this section, bicycle facilities may be
  338  established as part of or separate from the actual roadway and
  339  may utilize existing road rights-of-way or other rights-of-way
  340  or easements acquired for public use.
  341         (a) A concession agreement shall be administered by the
  342  department and must include the requirements of this section.
  343         (b)1. Signage or displays erected under this section shall
  344  comply with s. 337.407 and chapter 479 and shall be limited as
  345  follows:
  346         a. One large sign or display, not to exceed 16 square feet
  347  in area, may be located at each trailhead or parking area.
  348         b. One small sign or display, not to exceed 4 square feet
  349  in area, may be located at each designated trail public access
  350  point.
  351         2. Before installation, each name or sponsorship display
  352  must be approved by the department.
  353         3. The department shall ensure that the size, color,
  354  materials, construction, and location of all signs are
  355  consistent with the management plan for the property and the
  356  standards of the department, do not intrude on natural and
  357  historic settings, and contain only a logo selected by the
  358  sponsor and the following sponsorship wording:
  359  
  360         ...(Name of the sponsor)... proudly sponsors the costs
  361         of maintaining the ...(Name of the greenway or
  362         trail)....
  363  
  364         4. All costs of a display, including development,
  365  construction, installation, operation, maintenance, and removal
  366  costs, shall be paid by the concessionaire.
  367         (c) A concession agreement shall be for a minimum of 1
  368  year, but may be for a longer period under a multiyear
  369  agreement, and may be terminated for just cause by the
  370  department upon 60 days’ advance notice. Just cause for
  371  termination of a concession agreement includes, but is not
  372  limited to, violation of the terms of the concession agreement
  373  or this section.
  374         (4)(a) The department may use appropriated funds to support
  375  the establishment of a statewide system of interconnected
  376  multiuse trails and to pay the costs of planning, land
  377  acquisition, design, and construction of such trails and related
  378  facilities. The department shall give funding priority to
  379  projects that:
  380         1. Are identified by the Florida Greenways and Trails
  381  Council as a priority within the Florida Greenways and Trails
  382  System under chapter 260.
  383         2. Support the transportation needs of bicyclists and
  384  pedestrians.
  385         3. Have national, statewide, or regional importance.
  386         4. Facilitate an interconnected system of trails by
  387  completing gaps between existing trails.
  388         (b) A project funded under this subsection shall:
  389         1. Be included in the department’s work program developed
  390  in accordance with s. 339.135.
  391         2. Be operated and maintained by an entity other than the
  392  department upon completion of construction. The department is
  393  not obligated to provide funds for the operation and maintenance
  394  of the project.
  395         Section 4. Section 339.81, Florida Statutes, is created to
  396  read:
  397         339.81 Florida Shared-Use Nonmotorized Trail Network.—
  398         (1) The Legislature finds that increasing demands continue
  399  to be placed on the state’s transportation system by a growing
  400  economy, continued population growth, and increasing tourism.
  401  The Legislature also finds that significant challenges exist in
  402  providing additional capacity to the conventional transportation
  403  system and will require enhanced accommodation of alternative
  404  travel modes to meet the needs of residents and visitors. The
  405  Legislature further finds that improving bicyclist and
  406  pedestrian safety for both residents and visitors remains a high
  407  priority. Therefore, the Legislature declares that the
  408  development of a nonmotorized trail network will increase
  409  mobility and recreational alternatives for residents and
  410  visitors of this state, enhance economic prosperity, enrich
  411  quality of life, enhance safety, and reflect responsible
  412  environmental stewardship. To that end, it is the intent of the
  413  Legislature that the department make use of its expertise in
  414  efficiently providing transportation projects to develop the
  415  Florida Shared-Use Nonmotorized Trail Network, consisting of a
  416  statewide network of nonmotorized trails which allows
  417  nonmotorized vehicles and pedestrians to access a variety of
  418  origins and destinations with limited exposure to motorized
  419  vehicles.
  420         (2) The Florida Shared-Use Nonmotorized Trail Network is
  421  created as a component of the Florida Greenways and Trails
  422  System established in chapter 260. The statewide network
  423  consists of multiuse trails or shared-use paths physically
  424  separated from motor vehicle traffic and constructed with
  425  asphalt, concrete, or another hard surface which, by virtue of
  426  design, location, extent of connectivity or potential
  427  connectivity, and allowable uses, provides nonmotorized
  428  transportation opportunities for bicyclists and pedestrians
  429  statewide between and within a wide range of points of origin
  430  and destinations, including, but not limited to, communities,
  431  conservation areas, state parks, beaches, and other natural or
  432  cultural attractions for a variety of trip purposes, including
  433  work, school, shopping, and other personal business, as well as
  434  social, recreational, and personal fitness purposes.
  435         (3) Network components do not include sidewalks, nature
  436  trails, loop trails wholly within a single park or natural area,
  437  or on-road facilities, such as bicycle lanes or routes other
  438  than:
  439         (a) On-road facilities that are no longer than one-half
  440  mile connecting two or more nonmotorized trails, if the
  441  provision of a non-motorized trail without the use of the on
  442  road facility is not feasible, and if such on-road facilities
  443  are signed and marked for nonmotorized use; or
  444         (b) On-road components of the Florida Keys Overseas
  445  Heritage Trail.
  446         (4) The planning, development, operation, and maintenance
  447  of the Florida Shared-Use Nonmotorized Trail Network is declared
  448  to be a public purpose, and the department, together with other
  449  agencies of this state and all counties, municipalities, and
  450  special districts of this state, may spend public funds for such
  451  purposes and accept gifts and grants of funds, property, or
  452  property rights from public or private sources to be used for
  453  such purposes.
  454         (5) The department shall include the Florida Shared-Use
  455  Nonmotorized Trail Network in its work program developed
  456  pursuant to s. 339.135. For purposes of funding and maintaining
  457  projects within the network, the department shall allocate in
  458  its program and resource plan a minimum of $50 million annually,
  459  beginning in the 2015-2016 fiscal year.
  460         (6) The department may enter into a memorandum of agreement
  461  with a local government or other agency of the state to transfer
  462  maintenance responsibilities of an individual network component.
  463  The department may contract with a not-for-profit entity or
  464  private sector business or entity to provide maintenance
  465  services on an individual network component.
  466         (7) The department may adopt rules to aid in the
  467  development and maintenance of components of the network.
  468         Section 5. Section 339.82, Florida Statutes, is created to
  469  read:
  470         339.82 Shared-Use Nonmotorized Trail Network Plan.—
  471         (1) The department shall develop a Shared-Use Nonmotorized
  472  Trail Network Plan in coordination with the Department of
  473  Environmental Protection, metropolitan planning organizations,
  474  affected local governments and public agencies, and the Florida
  475  Greenways and Trails Council. The plan must be consistent with
  476  the Florida Greenways and Trails Plan developed under s. 260.014
  477  and must be updated at least once every 5 years.
  478         (2) The Shared-Use Nonmotorized Trail Network Plan must
  479  include all of the following:
  480         (a) A needs assessment, including, but not limited to, a
  481  comprehensive inventory and analysis of existing trails that may
  482  be considered for inclusion in the Shared-Use Nonmotorized Trail
  483  Network.
  484         (b) A project prioritization process that includes
  485  assigning funding priority to projects that:
  486         1. Are identified by the Florida Greenways and Trails
  487  Council as a priority within the Florida Greenways and Trails
  488  System under chapter 260;
  489         2. Facilitate an interconnected network of trails by
  490  completing gaps between existing facilities; and
  491         3. Maximize use of federal, local, and private funding and
  492  support mechanisms, including, but not limited to, donation of
  493  funds, real property, and maintenance responsibilities.
  494         (c) A map illustrating existing and planned facilities and
  495  identifying critical gaps between facilities.
  496         (d) A finance plan based on reasonable projections of
  497  anticipated revenues, including both 5-year and 10-year cost
  498  feasible components.
  499         (e) Performance measures that include quantifiable
  500  increases in trail network access and connectivity.
  501         (f) A timeline for the completion of the base network using
  502  new and existing data from the department, the Department of
  503  Environmental Protection, and other sources.
  504         (g) A marketing plan prepared in consultation with the
  505  Florida Tourism Industry Marketing Corporation.
  506         Section 6. Section 339.83, Florida Statutes, is created to
  507  read:
  508         339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
  509         (1) The department may enter into a concession agreement
  510  with a not-for-profit entity or private sector business or
  511  entity for commercial sponsorship signs, pavement markings, and
  512  exhibits on nonmotorized trails and related facilities
  513  constructed as part of the Shared-Use Nonmotorized Trail
  514  Network. The concession agreement may also provide for
  515  recognition of trail sponsors in any brochure, map, or website
  516  providing trail information. Trail websites may provide links to
  517  sponsors. Revenue from such agreements may be used for the
  518  maintenance of the nonmotorized trails and related facilities.
  519         (a) A concession agreement shall be administered by the
  520  department.
  521         (b)1. Signage, pavement markings, or exhibits erected
  522  pursuant to this section must comply with s. 337.407 and chapter
  523  479 and are limited as follows:
  524         a. One large sign, pavement marking, or exhibit, not to
  525  exceed 16 square feet in area, may be located at each trailhead
  526  or parking area.
  527         b. One small sign, pavement marking, or exhibit, not to
  528  exceed 4 square feet in area, may be located at each designated
  529  trail public access point where parking is not provided.
  530         c. Pavement markings denoting specified distances must be
  531  located at least 1 mile apart.
  532         2. Before installation, each sign, pavement marking, or
  533  exhibit must be approved by the department.
  534         3. The department shall ensure that the size, color,
  535  materials, construction, and location of all signs, pavement
  536  markings, and exhibits are consistent with the management plan
  537  for the property and the standards of the department, do not
  538  intrude on natural and historic settings, and contain a logo
  539  selected by the sponsor and the following sponsorship wording:
  540  
  541         ...(Name of the sponsor)... proudly sponsors the costs
  542         of maintaining the ...(Name of the greenway or
  543         trail)....
  544  
  545         4. Exhibits may provide additional information and
  546  materials, including, but not limited to, maps and brochures for
  547  trail user services related or proximate to the trail. Pavement
  548  markings may display mile marker information.
  549         5. The costs of a sign, pavement marking, or exhibit,
  550  including development, construction, installation, operation,
  551  maintenance, and removal costs, shall be paid by the
  552  concessionaire.
  553         (c) A concession agreement shall be for a minimum of 1
  554  year, but may be for a longer period under a multiyear
  555  agreement, and may be terminated for just cause by the
  556  department upon 60 days’ advance notice. Just cause for
  557  termination of a concession agreement includes, but is not
  558  limited to, violation of the terms of the concession agreement
  559  or this section.
  560         (2) Pursuant to s. 287.057, the department may contract for
  561  the provision of services related to the trail sponsorship
  562  program, including recruitment and qualification of businesses,
  563  review of applications, permit issuance, and fabrication,
  564  installation, and maintenance of signs, pavement markings, and
  565  exhibits. The department may reject all proposals and seek
  566  another request for proposals or otherwise perform the work. The
  567  contract may allow the contractor to retain a portion of the
  568  annual fees as compensation for its services.
  569         (3) This section does not create a proprietary or
  570  compensable interest in any sponsorship site or location for any
  571  permittee, and the department may terminate permits or change
  572  locations of sponsorship sites as it determines necessary for
  573  construction or improvement of facilities.
  574         (4) The department may adopt rules to establish
  575  requirements for qualification of businesses, qualification and
  576  location of sponsorship sites, and permit applications and
  577  processing. The department may adopt rules to establish other
  578  criteria necessary to implement this section and to provide for
  579  variances when necessary to serve the interest of the public or
  580  when required to ensure equitable treatment of program
  581  participants.
  582         Section 7. Subsection (24) of section 373.019, Florida
  583  Statutes, is amended to read:
  584         373.019 Definitions.—When appearing in this chapter or in
  585  any rule, regulation, or order adopted pursuant thereto, the
  586  term:
  587         (24) “Water resource development” means the formulation and
  588  implementation of regional water resource management strategies,
  589  including the collection and evaluation of surface water and
  590  groundwater data; structural and nonstructural programs to
  591  protect and manage water resources; the development of regional
  592  water resource implementation programs; the construction,
  593  operation, and maintenance of major public works facilities to
  594  provide for flood control, surface and underground water
  595  storage, and groundwater recharge augmentation; and related
  596  technical assistance to local governments, and to government
  597  owned and privately owned water utilities, and self-suppliers to
  598  the extent assistance to self-suppliers promotes the policies as
  599  set forth in s. 373.016.
  600         Section 8. Paragraph (b) of subsection (7) of section
  601  373.036, Florida Statutes, is amended, present paragraphs (d)
  602  and (e) of subsection (7) are redesignated as paragraphs (e) and
  603  (f), respectively, and a new paragraph (d) is added to that
  604  subsection, to read:
  605         373.036 Florida water plan; district water management
  606  plans.—
  607         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  608         (b) The consolidated annual report shall contain the
  609  following elements, as appropriate to that water management
  610  district:
  611         1. A district water management plan annual report or the
  612  annual work plan report allowed in subparagraph (2)(e)4.
  613         2. The department-approved minimum flows and levels annual
  614  priority list and schedule required by s. 373.042(3) s.
  615  373.042(2).
  616         3. The annual 5-year capital improvements plan required by
  617  s. 373.536(6)(a)3.
  618         4. The alternative water supplies annual report required by
  619  s. 373.707(8)(n).
  620         5. The final annual 5-year water resource development work
  621  program required by s. 373.536(6)(a)4.
  622         6. The Florida Forever Water Management District Work Plan
  623  annual report required by s. 373.199(7).
  624         7. The mitigation donation annual report required by s.
  625  373.414(1)(b)2.
  626         (d) The consolidated annual report must contain information
  627  on all projects related to water quality or water quantity as
  628  part of a 5-year work program, including:
  629         1. A list of all specific projects identified to implement
  630  a basin management action plan or a recovery or prevention
  631  strategy;
  632         2. A grade for each watershed, water body, or water segment
  633  in which a project is located representing the level of
  634  impairment and violations of adopted or interim minimum flow or
  635  minimum water level. The grading system must reflect the
  636  severity of the impairment of the watershed, waterbody, or water
  637  segment;
  638         3. A priority ranking for each listed project for which
  639  state funding through the water resources work program is
  640  requested, which must be made available to the public for
  641  comment at least 30 days before submission of the consolidated
  642  annual report;
  643         4. The estimated cost for each listed project;
  644         5.The estimated completion date for each listed project;
  645         6. The source and amount of financial assistance to be made
  646  available by the department, a water management district, or
  647  other entity for each listed project; and
  648         7.A quantitative estimate of each listed project’s benefit
  649  to the watershed, water body, or water segment in which it is
  650  located.
  651         Section 9. Subsection (1) and present subsections (2) and
  652  (6) of section 373.042, Florida Statutes, are amended, present
  653  subsections (2) through (6) of that section are redesignated as
  654  subsections (3) through (7), respectively, and a new subsection
  655  (2) is added to that section, to read:
  656         373.042 Minimum flows and levels.—
  657         (1) Within each section, or within the water management
  658  district as a whole, the department or the governing board shall
  659  establish the following:
  660         (a) Minimum flow for all surface watercourses in the area.
  661  The minimum flow for a given watercourse is shall be the limit
  662  at which further withdrawals would be significantly harmful to
  663  the water resources or ecology of the area.
  664         (b) Minimum water level. The minimum water level is shall
  665  be the level of groundwater in an aquifer and the level of
  666  surface water at which further withdrawals would be
  667  significantly harmful to the water resources or ecology of the
  668  area.
  669         (c) Minimum flow or minimum water level for an Outstanding
  670  Florida Spring, as defined in s. 373.802. The minimum flow or
  671  minimum water level are the limit and level, respectively, at
  672  which further withdrawals would be harmful to the water
  673  resources or ecology of the area.
  674  
  675  The minimum flow and minimum water level shall be calculated by
  676  the department and the governing board using the best
  677  information available. When appropriate, minimum flows and
  678  minimum water levels may be calculated to reflect seasonal
  679  variations. The department and the governing board shall also
  680  consider, and at their discretion may provide for, the
  681  protection of nonconsumptive uses in the establishment of
  682  minimum flows and minimum water levels.
  683         (2)(a)Until such time as a minimum flow or minimum water
  684  level is adopted for an Outstanding Florida Spring, the interim
  685  minimum flow or minimum water level for such spring shall be
  686  determined by using the best existing and available information.
  687  The interim minimum flow or minimum water level is the flow or
  688  water level exceeded 67 percent of the time based upon an
  689  analysis of estimated long-term conditions. By July 1, 2016, the
  690  districts shall use reasonable calculations to estimate the
  691  long-term median flow or water level and the flow or water level
  692  that would be exceeded 67 percent of the time. The analysis may
  693  include construction of a flow or water level duration curve, an
  694  analysis of the flow or water level at any point in the spring,
  695  and historic data to extrapolate the values or other statistical
  696  methods to estimate the long-term median flow or water level
  697  that would be exceeded 67 percent of the time.
  698         (b) If a minimum flow or minimum water level has been
  699  established but not yet adopted for an Outstanding Florida
  700  Spring, a water management district shall use the established
  701  minimum flow or minimum water level, instead of the minimum flow
  702  or minimum water level established by the procedure in paragraph
  703  (a), as the interim minimum flow or minimum water level until
  704  the adoption of a minimum flow or minimum water level. Long-term
  705  or short-term seasonal or annual variations in flows or water
  706  levels of an Outstanding Florida Spring due to factors other
  707  than water withdrawals are not considered violations of an
  708  interim minimum flow or minimum water level.
  709         (c) For Outstanding Florida Springs identified on a water
  710  management district’s priority list developed pursuant to
  711  subsection (3) which have the potential to be affected by
  712  withdrawals in an adjacent district, the interim minimum flow or
  713  minimum water level shall be applied by the adjacent district or
  714  districts. By July 1, 2017, the adjacent districts and the
  715  department shall collaboratively develop and implement a
  716  recovery or prevention strategy for an Outstanding Florida
  717  Spring not meeting an adopted or interim minimum flow or minimum
  718  water level.
  719         (d)The Legislature finds that the failure to adopt minimum
  720  flows and minimum water levels or recovery or prevention
  721  strategies for Outstanding Florida Springs has resulted in an
  722  immediate danger to the public health, safety, and welfare and
  723  that immediate action must be taken to address the condition of
  724  Outstanding Florida Springs. The department may use emergency
  725  rulemaking provisions pursuant to s. 120.54(4) to adopt interim
  726  minimum flows and minimum water levels under this subsection and
  727  recovery or prevention strategies concurrent with an interim
  728  minimum flow or minimum water level pursuant to s.
  729  373.805(2)(b). For purposes of this section, an interim minimum
  730  flow or minimum water level and a recovery or prevention
  731  strategy shall remain in effect until January 1, 2018, and may
  732  not be renewable, except as otherwise provided in s.
  733  120.54(4)(c).
  734         (3)(2) By November 15, 1997, and annually thereafter, each
  735  water management district shall submit to the department for
  736  review and approval a priority list and schedule for the
  737  establishment of minimum flows and levels for surface
  738  watercourses, aquifers, and surface waters within the district.
  739  The priority list and schedule shall identify those listed water
  740  bodies for which the district will voluntarily undertake
  741  independent scientific peer review; any reservations proposed by
  742  the district to be established pursuant to s. 373.223(4); and
  743  those listed water bodies that have the potential to be affected
  744  by withdrawals in an adjacent district for which the
  745  department’s adoption of a reservation pursuant to s. 373.223(4)
  746  or a minimum flow or level pursuant to subsection (1) may be
  747  appropriate. By March 1, 2006, and annually thereafter, each
  748  water management district shall include its approved priority
  749  list and schedule in the consolidated annual report required by
  750  s. 373.036(7). The priority list shall be based upon the
  751  importance of the waters to the state or region and the
  752  existence of or potential for significant harm to the water
  753  resources or ecology of the state or region, and shall include
  754  those waters which are experiencing or may reasonably be
  755  expected to experience adverse impacts. Each water management
  756  district’s priority list and schedule shall include all first
  757  magnitude springs, and all second magnitude springs within state
  758  or federally owned lands purchased for conservation purposes.
  759  The specific schedule for establishment of spring minimum flows
  760  and levels shall be commensurate with the existing or potential
  761  threat to spring flow from consumptive uses. Springs within the
  762  Suwannee River Water Management District, or second magnitude
  763  springs in other areas of the state, need not be included on the
  764  priority list if the water management district submits a report
  765  to the Department of Environmental Protection demonstrating that
  766  adverse impacts are not now occurring nor are reasonably
  767  expected to occur from consumptive uses during the next 20
  768  years. The priority list and schedule is not subject to any
  769  proceeding pursuant to chapter 120. Except as provided in
  770  subsection (4) (3), the development of a priority list and
  771  compliance with the schedule for the establishment of minimum
  772  flows and levels pursuant to this subsection satisfies the
  773  requirements of subsection (1).
  774         (7)(6) If a petition for administrative hearing is filed
  775  under chapter 120 challenging the establishment of a minimum
  776  flow or level, the report of an independent scientific peer
  777  review conducted under subsection (5) (4) is admissible as
  778  evidence in the final hearing, and the administrative law judge
  779  must render the order within 120 days after the filing of the
  780  petition. The time limit for rendering the order shall not be
  781  extended except by agreement of all the parties. To the extent
  782  that the parties agree to the findings of the peer review, they
  783  may stipulate that those findings be incorporated as findings of
  784  fact in the final order.
  785         Section 10. Section 373.0421, Florida Statutes, is amended
  786  to read:
  787         373.0421 Establishment and implementation of minimum flows
  788  and levels.—
  789         (1) ESTABLISHMENT.—
  790         (a) Considerations.—When establishing minimum flows and
  791  minimum water levels pursuant to s. 373.042, the department or
  792  governing board shall consider changes and structural
  793  alterations to watersheds, surface waters, and aquifers and the
  794  effects such changes or alterations have had, and the
  795  constraints such changes or alterations have placed, on the
  796  hydrology of an affected watershed, surface water, or aquifer,
  797  provided that nothing in this paragraph shall allow significant
  798  harm as provided by s. 373.042(1)(a) and (b), or harm as
  799  provided by s. 373.042(1)(c), caused by withdrawals.
  800         (b) Exclusions.—
  801         1. The Legislature recognizes that certain water bodies no
  802  longer serve their historical hydrologic functions. The
  803  Legislature also recognizes that recovery of these water bodies
  804  to historical hydrologic conditions may not be economically or
  805  technically feasible, and that such recovery effort could cause
  806  adverse environmental or hydrologic impacts. Accordingly, the
  807  department or governing board may determine that setting a
  808  minimum flow or level for such a water body based on its
  809  historical condition is not appropriate.
  810         2. The department or the governing board is not required to
  811  establish minimum flows or levels pursuant to s. 373.042 for
  812  surface water bodies less than 25 acres in area, unless the
  813  water body or bodies, individually or cumulatively, have
  814  significant economic, environmental, or hydrologic value.
  815         3. The department or the governing board shall not set
  816  minimum flows or levels pursuant to s. 373.042 for surface water
  817  bodies constructed prior to the requirement for a permit, or
  818  pursuant to an exemption, a permit, or a reclamation plan which
  819  regulates the size, depth, or function of the surface water body
  820  under the provisions of this chapter, chapter 378, or chapter
  821  403, unless the constructed surface water body is of significant
  822  hydrologic value or is an essential element of the water
  823  resources of the area.
  824  
  825  The exclusions of this paragraph shall not apply to the
  826  Everglades Protection Area, as defined in s. 373.4592(2)(i).
  827         (2) If the existing flow or level in a water body is below,
  828  or is projected to fall within 20 years below, the applicable
  829  minimum flow or level established pursuant to s. 373.042, the
  830  department or governing board, concurrent with the adoption of
  831  the minimum flow or level and as part of the regional water
  832  supply plan described in s. 373.709, shall adopt and
  833  expeditiously implement a recovery or prevention strategy, which
  834  includes the development of additional water supplies and other
  835  actions, consistent with the authority granted by this chapter,
  836  to:
  837         (a) Achieve recovery to the established minimum flow or
  838  level as soon as practicable; or
  839         (b) Prevent the existing flow or level from falling below
  840  the established minimum flow or level.
  841  
  842  The recovery or prevention strategy shall include phasing or a
  843  timetable which will allow for the provision of sufficient water
  844  supplies for all existing and projected reasonable-beneficial
  845  uses, including development of additional water supplies and
  846  implementation of conservation and other efficiency measures
  847  concurrent with, to the maximum extent practical, and to offset,
  848  reductions in permitted withdrawals, consistent with the
  849  provisions of this chapter. The recovery or prevention strategy
  850  may not depend solely on water shortage restrictions declared
  851  pursuant to s. 373.175 or s. 373.246.
  852         (3) In order to ensure that sufficient water is available
  853  for all existing and future reasonable-beneficial uses and the
  854  natural systems, the applicable regional water supply plan
  855  prepared pursuant to s. 373.709 shall be amended to include any
  856  water supply development projects and water resource development
  857  projects identified in a recovery or prevention strategy. Such
  858  amendment shall be approved concurrently with relevant portions
  859  of the recovery or prevention strategy.
  860         (4) The water management district shall notify the
  861  department if an application for a water use permit is denied
  862  based upon the impact that the use will have on an adopted
  863  minimum flow or minimum water level. Upon receipt of such
  864  notice, the department shall, as soon as practicable and in
  865  cooperation with the water management district, conduct a review
  866  of the applicable regional water supply plan prepared pursuant
  867  to s. 373.709. Such review shall include an assessment by the
  868  department of the adequacy of the plan to meet the legislative
  869  intent of s. 373.705(2)(b) that sufficient water be available
  870  for all existing and future reasonable-beneficial uses and the
  871  natural systems and that the adverse effects of competition for
  872  water supplies be avoided. If the department determines, based
  873  upon this review, that the regional water supply plan does not
  874  adequately address the legislative intent of s. 373.705(2)(b),
  875  the water management district shall immediately initiate an
  876  update of the plan consistent with s. 373.709.
  877         (5)(3) The provisions of this section are supplemental to
  878  any other specific requirements or authority provided by law.
  879  Minimum flows and levels shall be reevaluated periodically and
  880  revised as needed.
  881         Section 11. Section 373.0465, Florida Statutes, is created
  882  to read:
  883         373.0465 Central Florida Water Initiative.-
  884         (1) The Legislature finds that:
  885         (a) Historically, the Floridan Aquifer system has supplied
  886  the vast majority of the water used in the Central Florida
  887  Coordination Area.
  888         (b) Because the boundaries of the St. Johns River Water
  889  Management District, the South Florida Water Management
  890  District, and the Southwest Florida Water Management District
  891  meet within the Central Florida Coordination Area, the three
  892  districts and the Department of Environmental Protection have
  893  worked cooperatively to determine that the Floridan Aquifer
  894  system is locally approaching the sustainable limits of use and
  895  are exploring the need to develop sources of water to meet the
  896  long-term water needs of the area.
  897         (c) The Central Florida Water Initiative, a collaborative
  898  process involving the Department of Environmental Protection,
  899  the St. Johns River Water Management District, the South Florida
  900  Water Management District, the Southwest Florida Water
  901  Management District, the Department of Agriculture and Consumer
  902  Services, regional public water supply utilities, and other
  903  stakeholders, has developed an initial framework, as set forth
  904  in the Central Florida Water Initiative Guiding Document of
  905  January 30, 2015, for a unified process to address the current
  906  and long-term water supply needs of Central Florida without
  907  causing harm to the water resources and associated natural
  908  systems.
  909         (d) Developing water sources as an alternative to continued
  910  reliance on the Floridan Aquifer will benefit existing and
  911  future water users and natural systems beyond the boundaries of
  912  the Central Florida Water Initiative.
  913         (2)(a) As used in this section, the term “Central Florida
  914  Water Initiative Area” means all of Orange, Osceola, Polk, and
  915  Seminole Counties, and southern Lake County, as designated by
  916  the Central Florida Water Initiative Guiding Document of January
  917  30, 2015.
  918         (b) The department, the St. Johns River Water Management
  919  District, the South Florida Water Management District, the
  920  Southwest Florida Water Management District, and the Department
  921  of Agriculture and Consumer Services shall:
  922         1. Provide for a continuation of the collaborative process
  923  in the Central Florida Water Initiative Area among the state
  924  agencies, affected water management districts, regional public
  925  water supply utilities, and other stakeholders.
  926         2. Build upon the guiding principles and goals set forth in
  927  the Central Florida Water Initiative Guiding Document of January
  928  30, 2015, and the work that has already been accomplished by the
  929  Central Florida Water Initiative participants.
  930         3. Develop and implement, as set forth in the Central
  931  Florida Water Initiative Guiding Document of January 30, 2015, a
  932  single multidistrict regional water supply plan, including any
  933  needed recovery or prevention strategies and a list of water
  934  resource or water supply development projects.
  935         4. Provide for a single hydrologic planning model to assess
  936  the availability of groundwater in the Central Florida Water
  937  Initiative Area.
  938         (c) In developing the water supply planning program
  939  consistent with the goals set forth in this subsection, the
  940  department, the South Florida Water Management District, the
  941  Southwest Florida Water Management District, the St. Johns River
  942  Water Management District, and the Department of Agriculture and
  943  Consumer Services shall:
  944         1. Consider limitations on groundwater use together with
  945  opportunities for new, increased, or redistributed groundwater
  946  uses that are based on the conditions established under s.
  947  373.223.
  948         2. Establish a coordinated process for the identification
  949  of water resources requiring new or revised conditions
  950  established under s. 373.223.
  951         3. Consider existing recovery or prevention strategies.
  952         4. Include a list of water supply options sufficient to
  953  meet the water needs of all existing and future reasonable
  954  beneficial uses which meet conditions established under s.
  955  373.223.
  956         5. Identify, as necessary, which of the water supply
  957  sources are preferred water supply sources pursuant to s.
  958  373.2234.
  959         (d)The department, in consultation with the St. Johns
  960  River Water Management District, the South Florida Water
  961  Management District, the Southwest Florida Water Management
  962  District, and the Department of Agriculture and Consumer
  963  Services, shall adopt uniform rules for application within the
  964  Central Florida Water Initiative Area that include:
  965         1.A single, uniform definition of “harmful to the water
  966  resources” consistent with the term’s usage in s. 373.219;
  967         2.A single method for calculating residential per capita
  968  water use;
  969         3.A single process for permit reviews;
  970         4.A single, consistent process, as appropriate, to set
  971  minimum flows and minimum water levels and water reservations;
  972         5.A goal for residential per capita water use for each
  973  consumptive use permit; and
  974         6.An annual conservation goal for each consumptive use
  975  permit consistent with the regional water supply plan.
  976  
  977  The uniform rules shall include existing recovery strategies
  978  within the Central Florida Water Initiative Area adopted before
  979  July 1, 2015. The department may grant variances to the uniform
  980  rules if there are unique circumstances or hydrogeological
  981  factors that make application of the uniform rules unrealistic
  982  or impractical.
  983         (e) The department shall initiate rulemaking for the
  984  uniform rules by December 31, 2015. The department’s uniform
  985  rules shall be applied by the water management districts only
  986  within the Central Florida Water Initiative Area. Upon adoption
  987  of the rules, the water management districts shall implement the
  988  rules without further rulemaking pursuant to s. 120.54. The
  989  rules adopted by the department pursuant to this section are
  990  considered the rules of the water management districts.
  991         (f) Water management district planning programs developed
  992  pursuant this subsection shall be approved or adopted as
  993  required under this chapter. However, such planning programs may
  994  not serve to modify planning programs in areas of the affected
  995  districts that are not within the Central Florida Water
  996  Initiative Area, but may include interregional projects located
  997  outside the Central Florida Water Initiative Area which are
  998  consistent with planning and regulatory programs in the areas in
  999  which they are located.
 1000         Section 12. Subsection (4) of section 373.1501, Florida
 1001  Statutes, is amended, subsections (7) and (8) are renumbered as
 1002  subsections (8) and (9), respectively, and a new subsection (7)
 1003  is added to that section, to read:
 1004         373.1501 South Florida Water Management District as local
 1005  sponsor.—
 1006         (4) The district is authorized to act as local sponsor of
 1007  the project for those project features within the district as
 1008  provided in this subsection and subject to the oversight of the
 1009  department as further provided in s. 373.026. The district shall
 1010  exercise the authority of the state to allocate quantities of
 1011  water within its jurisdiction, including the water supply in
 1012  relation to the project, and be responsible for allocating water
 1013  and assigning priorities among the other water uses served by
 1014  the project pursuant to state law. The district may:
 1015         (a) Act as local sponsor for all project features
 1016  previously authorized by Congress.;
 1017         (b) Continue data gathering, analysis, research, and design
 1018  of project components, participate in preconstruction
 1019  engineering and design documents for project components, and
 1020  further refine the Comprehensive Plan of the restudy as a guide
 1021  and framework for identifying other project components.;
 1022         (c) Construct pilot projects that will assist in
 1023  determining the feasibility of technology included in the
 1024  Comprehensive Plan of the restudy.; and
 1025         (d) Act as local sponsor for project components.
 1026         (7) When developing or implementing water control plans or
 1027  regulation schedules required for the operation of the project,
 1028  the district shall provide recommendations to the United States
 1029  Army Corps of Engineers which are consistent with all district
 1030  programs and plans.
 1031         Section 13. Subsection (6) is added to section 373.223,
 1032  Florida Statutes, to read:
 1033         373.223 Conditions for a permit.—
 1034         (6) A consumptive use permit authorizing more than 100,000
 1035  gallons per day shall be monitored on a yearly basis, with the
 1036  cost of such monitoring to be borne by the permittee.
 1037         Section 14. Section 373.2234, Florida Statutes, is amended
 1038  to read:
 1039         373.2234 Preferred water supply sources.—
 1040         (1) The governing board of a water management district is
 1041  authorized to adopt rules that identify preferred water supply
 1042  sources for consumptive uses for which there is sufficient data
 1043  to establish that a preferred source will provide a substantial
 1044  new water supply to meet the existing and projected reasonable
 1045  beneficial uses of a water supply planning region identified
 1046  pursuant to s. 373.709(1), while sustaining existing water
 1047  resources and natural systems. At a minimum, such rules must
 1048  contain a description of the preferred water supply source and
 1049  an assessment of the water the preferred source is projected to
 1050  produce.
 1051         (2)(a) If an applicant proposes to use a preferred water
 1052  supply source, that applicant’s proposed water use is subject to
 1053  s. 373.223(1), except that the proposed use of a preferred water
 1054  supply source must be considered by a water management district
 1055  when determining whether a permit applicant’s proposed use of
 1056  water is consistent with the public interest pursuant to s.
 1057  373.223(1)(c).
 1058         (b) The governing board of a water management district
 1059  shall consider the identification of preferred water supply
 1060  sources for water users for whom access to or development of new
 1061  water supplies is not technically or financially feasible.
 1062  Identification of preferred water supply sources for such water
 1063  users must be consistent with s. 373.016.
 1064         (c) A consumptive use permit issued for the use of a
 1065  preferred water supply source must be granted, when requested by
 1066  the applicant, for at least a 20-year period and may be subject
 1067  to the compliance reporting provisions of s. 373.236(4).
 1068         (3)(a)Nothing in This section does not: shall be construed
 1069  to
 1070         1. Exempt the use of preferred water supply sources from
 1071  the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
 1072  construed to
 1073         2. Provide that permits issued for the use of a
 1074  nonpreferred water supply source must be issued for a duration
 1075  of less than 20 years or that the use of a nonpreferred water
 1076  supply source is not consistent with the public interest; or.
 1077         3.Additionally, nothing in this section shall be
 1078  interpreted to Require the use of a preferred water supply
 1079  source or to restrict or prohibit the use of a nonpreferred
 1080  water supply source.
 1081         (b) Rules adopted by the governing board of a water
 1082  management district to implement this section shall specify that
 1083  the use of a preferred water supply source is not required and
 1084  that the use of a nonpreferred water supply source is not
 1085  restricted or prohibited.
 1086         Section 15. Present subsection (5) of section 373.227,
 1087  Florida Statutes, is redesignated as subsection (7), and new
 1088  subsections (5) and (6) are added to that section, to read:
 1089         373.227 Water conservation; legislative findings and
 1090  intent; objectives; comprehensive statewide water conservation
 1091  program requirements.—
 1092         (5) In order to incentivize water conservation, if actual
 1093  water use is less than permitted water use due to documented
 1094  implementation of water conservation measures, including, but
 1095  not limited to, those measures identified in best management
 1096  practices pursuant to s. 570.93, the permitted allocation may
 1097  not be modified due to such water conservation during the term
 1098  of the permit. In order to promote water conservation and the
 1099  implementation of measures that produce significant water
 1100  savings beyond that required in a consumptive use permit, each
 1101  water management district shall adopt rules providing water
 1102  conservation incentives, including permit extensions.
 1103         (6) For consumptive use permits for agricultural
 1104  irrigation, if actual water use is less than permitted water use
 1105  due to weather events, crop diseases, nursery stock
 1106  availability, or changes in crop type, a district may not as a
 1107  result reduce permitted allocation amounts during the term of
 1108  the permit.
 1109         Section 16. Subsection (2) of section 373.233, Florida
 1110  Statutes, is amended to read:
 1111         373.233 Competing applications.—
 1112         (2)(a) If In the event that two or more competing
 1113  applications qualify equally under the provisions of subsection
 1114  (1), the governing board or the department shall give preference
 1115  to a renewal application over an initial application.
 1116         (b) If two or more competing applications qualify equally
 1117  under subsection (1) and none of the competing applications is a
 1118  renewal application, the governing board or the department shall
 1119  give preference to the use where the source is nearest to the
 1120  area of use or application in a manner consistent with s.
 1121  373.016(4)(a).
 1122         Section 17. Section 373.4591, Florida Statutes, is amended
 1123  to read:
 1124         373.4591 Improvements on private agricultural lands.—
 1125         (1) The Legislature encourages public-private partnerships
 1126  to accomplish water storage, groundwater recharge, and water
 1127  quality improvements on private agricultural lands. Priority
 1128  consideration shall be given to public-private partnerships
 1129  that:
 1130         (a) Store or treat water on private lands for purposes of
 1131  enhancing hydrologic improvement, improving water quality, or
 1132  assisting in water supply;
 1133         (b) Provide critical ground water recharge; or
 1134         (c) Provide for changes in land use to activities that
 1135  minimize nutrient loads and maximize water conservation.
 1136         (2)(a) When an agreement is entered into between the
 1137  department, a water management district, or the Department of
 1138  Agriculture and Consumer Services and a private landowner to
 1139  establish such a public-private partnership that may create or
 1140  impact wetlands or other surface waters, a baseline condition
 1141  determining the extent of wetlands and other surface waters on
 1142  the property shall be established and documented in the
 1143  agreement before improvements are constructed.
 1144         (b) When an agreement is entered into between the
 1145  Department of Agriculture and Consumer Services and a private
 1146  landowner to implement best management practices pursuant to s.
 1147  403.067(7)(c), a baseline condition determining the extent of
 1148  wetlands and other surface water on the property may be
 1149  established at the option and expense of the private landowner
 1150  and documented in the agreement before improvements are
 1151  constructed. The Department of Agriculture and Consumer Services
 1152  shall submit the landowner’s proposed baseline condition
 1153  documentation to the lead agency for review and approval, and
 1154  the agency shall use its best efforts to complete the review
 1155  within 45 days.
 1156         (3) The Department of Agriculture and Consumer Services,
 1157  the department, and the water management districts shall provide
 1158  a process for reviewing these requests in the timeframe
 1159  specified. The determination of a baseline condition shall be
 1160  conducted using the methods set forth in the rules adopted
 1161  pursuant to s. 373.421. The baseline condition documented in an
 1162  agreement shall be considered the extent of wetlands and other
 1163  surface waters on the property for the purpose of regulation
 1164  under this chapter for the duration of the agreement and after
 1165  its expiration.
 1166         Section 18. Paragraph (h) of subsection (1) and subsections
 1167  (2) through (7) of section 373.4595, Florida Statutes, are
 1168  amended, and present subsections (8) through (13) are
 1169  redesignated as subsections (9) through (14), respectively, and
 1170  a new subsection (8) is added, to read:
 1171         373.4595 Northern Everglades and Estuaries Protection
 1172  Program.—
 1173         (1) FINDINGS AND INTENT.—
 1174         (h) The Legislature finds that the expeditious
 1175  implementation of the Lake Okeechobee Watershed Protection
 1176  Program, the Caloosahatchee River Watershed Protection Program,
 1177  Plan and the St. Lucie River Watershed Protection Program Plans
 1178  is needed to improve the quality, quantity, timing, and
 1179  distribution of water in the northern Everglades ecosystem and
 1180  that this section, in conjunction with s. 403.067, including the
 1181  implementation of the plans developed and approved pursuant to
 1182  subsections (3) and (4), and any related basin management action
 1183  plan developed and implemented pursuant to s. 403.067(7)(a),
 1184  provide a reasonable means of achieving the total maximum daily
 1185  load requirements and achieving and maintaining compliance with
 1186  state water quality standards.
 1187         (2) DEFINITIONS.—As used in this section, the term:
 1188         (a) “Best management practice” means a practice or
 1189  combination of practices determined by the coordinating
 1190  agencies, based on research, field-testing, and expert review,
 1191  to be the most effective and practicable on-location means,
 1192  including economic and technological considerations, for
 1193  improving water quality in agricultural and urban discharges.
 1194  Best management practices for agricultural discharges shall
 1195  reflect a balance between water quality improvements and
 1196  agricultural productivity.
 1197         (b) “Biosolids” means the solid, semisolid, or liquid
 1198  residue generated during the treatment of domestic wastewater in
 1199  a domestic wastewater treatment facility, formerly known as
 1200  “domestic wastewater residuals” or “residuals,” and includes
 1201  products and treated material from biosolids treatment
 1202  facilities and septage management facilities regulated by the
 1203  department. The term does not include the treated effluent or
 1204  reclaimed water from a domestic wastewater treatment facility,
 1205  solids removed from pump stations and lift stations, screenings
 1206  and grit removed from the preliminary treatment components of
 1207  domestic wastewater treatment facilities, or ash generated
 1208  during the incineration of biosolids.
 1209         (c)(b) “Caloosahatchee River watershed” means the
 1210  Caloosahatchee River, its tributaries, its estuary, and the area
 1211  within Charlotte, Glades, Hendry, and Lee Counties from which
 1212  surface water flow is directed or drains, naturally or by
 1213  constructed works, to the river, its tributaries, or its
 1214  estuary.
 1215         (d)(c) “Coordinating agencies” means the Department of
 1216  Agriculture and Consumer Services, the Department of
 1217  Environmental Protection, and the South Florida Water Management
 1218  District.
 1219         (e)(d) “Corps of Engineers” means the United States Army
 1220  Corps of Engineers.
 1221         (f)(e) “Department” means the Department of Environmental
 1222  Protection.
 1223         (g)(f) “District” means the South Florida Water Management
 1224  District.
 1225         (g) “District’s WOD program” means the program implemented
 1226  pursuant to rules adopted as authorized by this section and ss.
 1227  373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
 1228  373.451, and 373.453, entitled “Works of the District Basin.”
 1229         (h) “Lake Okeechobee Watershed Construction Project” means
 1230  the construction project developed pursuant to this section
 1231  paragraph (3)(b).
 1232         (i) “Lake Okeechobee Watershed Protection Plan” means the
 1233  Lake Okeechobee Watershed Construction Project and the Lake
 1234  Okeechobee Watershed Research and Water Quality Monitoring
 1235  Program plan developed pursuant to this section and ss. 373.451
 1236  373.459.
 1237         (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
 1238  tributaries, and the area within which surface water flow is
 1239  directed or drains, naturally or by constructed works, to the
 1240  lake or its tributaries.
 1241         (k) “Lake Okeechobee Watershed Phosphorus Control Program”
 1242  means the program developed pursuant to paragraph (3)(c).
 1243         (k)(l) “Northern Everglades” means the Lake Okeechobee
 1244  watershed, the Caloosahatchee River watershed, and the St. Lucie
 1245  River watershed.
 1246         (l)(m) “Project component” means any structural or
 1247  operational change, resulting from the Restudy, to the Central
 1248  and Southern Florida Project as it existed and was operated as
 1249  of January 1, 1999.
 1250         (m)(n) “Restudy” means the Comprehensive Review Study of
 1251  the Central and Southern Florida Project, for which federal
 1252  participation was authorized by the Federal Water Resources
 1253  Development Acts of 1992 and 1996 together with related
 1254  Congressional resolutions and for which participation by the
 1255  South Florida Water Management District is authorized by s.
 1256  373.1501. The term includes all actions undertaken pursuant to
 1257  the aforementioned authorizations which will result in
 1258  recommendations for modifications or additions to the Central
 1259  and Southern Florida Project.
 1260         (n)(o) “River Watershed Protection Plans” means the
 1261  Caloosahatchee River Watershed Protection Plan and the St. Lucie
 1262  River Watershed Protection Plan developed pursuant to this
 1263  section.
 1264         (o) “Soil amendment” means any substance or mixture of
 1265  substances sold or offered for sale for soil enriching or
 1266  corrective purposes, intended or claimed to be effective in
 1267  promoting or stimulating plant growth, increasing soil or plant
 1268  productivity, improving the quality of crops, or producing any
 1269  chemical or physical change in the soil, except amendments,
 1270  conditioners, additives, and related products that are derived
 1271  solely from inorganic sources and that contain no recognized
 1272  plant nutrients.
 1273         (p) “St. Lucie River watershed” means the St. Lucie River,
 1274  its tributaries, its estuary, and the area within Martin,
 1275  Okeechobee, and St. Lucie Counties from which surface water flow
 1276  is directed or drains, naturally or by constructed works, to the
 1277  river, its tributaries, or its estuary.
 1278         (q) “Total maximum daily load” means the sum of the
 1279  individual wasteload allocations for point sources and the load
 1280  allocations for nonpoint sources and natural background adopted
 1281  pursuant to s. 403.067. Before Prior to determining individual
 1282  wasteload allocations and load allocations, the maximum amount
 1283  of a pollutant that a water body or water segment can assimilate
 1284  from all sources without exceeding water quality standards must
 1285  first be calculated.
 1286         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
 1287  Okeechobee Watershed Protection Program shall consist of the
 1288  Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
 1289  Basin Management Action Plan adopted pursuant to s. 403.067, the
 1290  Lake Okeechobee Exotic Species Control Program, and the Lake
 1291  Okeechobee Internal Phosphorus Management Program. The Lake
 1292  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1293  403.067 shall be the component of the Lake Okeechobee Watershed
 1294  Protection A protection Program for Lake Okeechobee that
 1295  achieves phosphorus load reductions for Lake Okeechobee shall be
 1296  immediately implemented as specified in this subsection. The
 1297  Lake Okeechobee Watershed Protection Program shall address the
 1298  reduction of phosphorus loading to the lake from both internal
 1299  and external sources. Phosphorus load reductions shall be
 1300  achieved through a phased program of implementation. Initial
 1301  implementation actions shall be technology-based, based upon a
 1302  consideration of both the availability of appropriate technology
 1303  and the cost of such technology, and shall include phosphorus
 1304  reduction measures at both the source and the regional level.
 1305  The initial phase of phosphorus load reductions shall be based
 1306  upon the district’s Technical Publication 81-2 and the
 1307  district’s WOD program, with subsequent phases of phosphorus
 1308  load reductions based upon the total maximum daily loads
 1309  established in accordance with s. 403.067. In the development
 1310  and administration of the Lake Okeechobee Watershed Protection
 1311  Program, the coordinating agencies shall maximize opportunities
 1312  provided by federal cost-sharing programs and opportunities for
 1313  partnerships with the private sector.
 1314         (a) Lake Okeechobee Watershed Protection Plan.—In order to
 1315  protect and restore surface water resources, the district, in
 1316  cooperation with the other coordinating agencies, shall complete
 1317  a Lake Okeechobee Watershed Protection Plan in accordance with
 1318  this section and ss. 373.451-373.459. Beginning March 1, 2020,
 1319  and every 5 years thereafter, the district shall update the Lake
 1320  Okeechobee Watershed Protection Plan to ensure that it is
 1321  consistent with the Lake Okeechobee Basin Management Action Plan
 1322  adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
 1323  Protection Plan shall identify the geographic extent of the
 1324  watershed, be coordinated with the plans developed pursuant to
 1325  paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
 1326  Watershed Construction Project and the Lake Okeechobee Watershed
 1327  Research and Water Quality Monitoring Program contain an
 1328  implementation schedule for subsequent phases of phosphorus load
 1329  reduction consistent with the total maximum daily loads
 1330  established in accordance with s. 403.067. The plan shall
 1331  consider and build upon a review and analysis of the following:
 1332         1. the performance of projects constructed during Phase I
 1333  and Phase II of the Lake Okeechobee Watershed Construction
 1334  Project, pursuant to subparagraph 1.; paragraph (b).
 1335         2. relevant information resulting from the Lake Okeechobee
 1336  Basin Management Action Plan Watershed Phosphorus Control
 1337  Program, pursuant to paragraph (b); (c).
 1338         3. relevant information resulting from the Lake Okeechobee
 1339  Watershed Research and Water Quality Monitoring Program,
 1340  pursuant to subparagraph 2.; paragraph (d).
 1341         4. relevant information resulting from the Lake Okeechobee
 1342  Exotic Species Control Program, pursuant to paragraph (c); and
 1343  (e).
 1344         5. relevant information resulting from the Lake Okeechobee
 1345  Internal Phosphorus Management Program, pursuant to paragraph
 1346  (d) (f).
 1347         1.(b) Lake Okeechobee Watershed Construction Project.—To
 1348  improve the hydrology and water quality of Lake Okeechobee and
 1349  downstream receiving waters, including the Caloosahatchee and
 1350  St. Lucie Rivers and their estuaries, the district, in
 1351  cooperation with the other coordinating agencies, shall design
 1352  and construct the Lake Okeechobee Watershed Construction
 1353  Project. The project shall include:
 1354         a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
 1355  Construction Project shall consist of a series of project
 1356  features consistent with the recommendations of the South
 1357  Florida Ecosystem Restoration Working Group’s Lake Okeechobee
 1358  Action Plan. Priority basins for such projects include S-191, S
 1359  154, and Pools D and E in the Lower Kissimmee River. In order to
 1360  obtain phosphorus load reductions to Lake Okeechobee as soon as
 1361  possible, the following actions shall be implemented:
 1362         (I)a. The district shall serve as a full partner with the
 1363  Corps of Engineers in the design and construction of the Grassy
 1364  Island Ranch and New Palm Dairy stormwater treatment facilities
 1365  as components of the Lake Okeechobee Water Retention/Phosphorus
 1366  Removal Critical Project. The Corps of Engineers shall have the
 1367  lead in design and construction of these facilities. Should
 1368  delays be encountered in the implementation of either of these
 1369  facilities, the district shall notify the department and
 1370  recommend corrective actions.
 1371         (II)b. The district shall obtain permits and complete
 1372  construction of two of the isolated wetland restoration projects
 1373  that are part of the Lake Okeechobee Water Retention/Phosphorus
 1374  Removal Critical Project. The additional isolated wetland
 1375  projects included in this critical project shall further reduce
 1376  phosphorus loading to Lake Okeechobee.
 1377         (III)c. The district shall work with the Corps of Engineers
 1378  to expedite initiation of the design process for the Taylor
 1379  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
 1380  Area, a project component of the Comprehensive Everglades
 1381  Restoration Plan. The district shall propose to the Corps of
 1382  Engineers that the district take the lead in the design and
 1383  construction of the Reservoir Assisted Stormwater Treatment Area
 1384  and receive credit towards the local share of the total cost of
 1385  the Comprehensive Everglades Restoration Plan.
 1386         b.2. Phase II technical plan and construction.—By February
 1387  1, 2008, The district, in cooperation with the other
 1388  coordinating agencies, shall develop a detailed technical plan
 1389  for Phase II of the Lake Okeechobee Watershed Construction
 1390  Project which provides the basis for the Lake Okeechobee Basin
 1391  Management Action Plan adopted by the department pursuant to s.
 1392  403.067. The detailed technical plan shall include measures for
 1393  the improvement of the quality, quantity, timing, and
 1394  distribution of water in the northern Everglades ecosystem,
 1395  including the Lake Okeechobee watershed and the estuaries, and
 1396  for facilitating the achievement of water quality standards. Use
 1397  of cost-effective biologically based, hybrid wetland/chemical
 1398  and other innovative nutrient control technologies shall be
 1399  incorporated in the plan where appropriate. The detailed
 1400  technical plan shall also include a Process Development and
 1401  Engineering component to finalize the detail and design of Phase
 1402  II projects and identify additional measures needed to increase
 1403  the certainty that the overall objectives for improving water
 1404  quality and quantity can be met. Based on information and
 1405  recommendations from the Process Development and Engineering
 1406  component, the Phase II detailed technical plan shall be
 1407  periodically updated. Phase II shall include construction of
 1408  additional facilities in the priority basins identified in sub-
 1409  subparagraph a. subparagraph 1., as well as facilities for other
 1410  basins in the Lake Okeechobee watershed. This detailed technical
 1411  plan will require legislative ratification pursuant to paragraph
 1412  (i). The technical plan shall:
 1413         (I)a. Identify Lake Okeechobee Watershed Construction
 1414  Project facilities designed to contribute to achieving all
 1415  applicable total maximum daily loads established pursuant to s.
 1416  403.067 within the Lake Okeechobee watershed.
 1417         (II)b. Identify the size and location of all such Lake
 1418  Okeechobee Watershed Construction Project facilities.
 1419         (III)c. Provide a construction schedule for all such Lake
 1420  Okeechobee Watershed Construction Project facilities, including
 1421  the sequencing and specific timeframe for construction of each
 1422  Lake Okeechobee Watershed Construction Project facility.
 1423         (IV)d. Provide a schedule for the acquisition of lands or
 1424  sufficient interests necessary to achieve the construction
 1425  schedule.
 1426         (V)e. Provide a detailed schedule of costs associated with
 1427  the construction schedule.
 1428         (VI)f. Identify, to the maximum extent practicable, impacts
 1429  on wetlands and state-listed species expected to be associated
 1430  with construction of such facilities, including potential
 1431  alternatives to minimize and mitigate such impacts, as
 1432  appropriate.
 1433         (VII)g. Provide for additional measures, including
 1434  voluntary water storage and quality improvements on private
 1435  land, to increase water storage and reduce excess water levels
 1436  in Lake Okeechobee and to reduce excess discharges to the
 1437  estuaries.
 1438         (VIII)The technical plan shall also Develop the
 1439  appropriate water quantity storage goal to achieve the desired
 1440  Lake Okeechobee range of lake levels and inflow volumes to the
 1441  Caloosahatchee and St. Lucie estuaries while meeting the other
 1442  water-related needs of the region, including water supply and
 1443  flood protection.
 1444         (IX)h. Provide for additional source controls needed to
 1445  enhance performance of the Lake Okeechobee Watershed
 1446  Construction Project facilities. Such additional source controls
 1447  shall be incorporated into the Lake Okeechobee Basin Management
 1448  Action Plan Watershed Phosphorous Control Program pursuant to
 1449  paragraph (b) (c).
 1450         c.3. Evaluation.—Within 5 years after the adoption of the
 1451  Lake Okeechobee Basin Management Action Plan pursuant to s.
 1452  403.067 and every 5 By January 1, 2004, and every 3 years
 1453  thereafter, the department district, in cooperation with the
 1454  other coordinating agencies, shall conduct an evaluation of the
 1455  Lake Okeechobee Watershed Construction Project and identify any
 1456  further load reductions necessary to achieve compliance with the
 1457  all Lake Okeechobee watershed total maximum daily loads
 1458  established pursuant to s. 403.067. Additionally, The district
 1459  shall identify modifications to facilities of the Lake
 1460  Okeechobee Watershed Construction Project as appropriate to meet
 1461  the total maximum daily loads. Modifications to the Lake
 1462  Okeechobee Watershed Construction Project resulting from this
 1463  evaluation shall be incorporated into the Lake Okeechobee Basin
 1464  Management Action Plan and The evaluation shall be included in
 1465  the applicable annual progress report submitted pursuant to
 1466  subsection (6).
 1467         d.4. Coordination and review.—To ensure the timely
 1468  implementation of the Lake Okeechobee Watershed Construction
 1469  Project, the design of project facilities shall be coordinated
 1470  with the department and other interested parties, including
 1471  affected local governments, to the maximum extent practicable.
 1472  Lake Okeechobee Watershed Construction Project facilities shall
 1473  be reviewed and commented upon by the department before prior to
 1474  the execution of a construction contract by the district for
 1475  that facility.
 1476         2. Lake Okeechobee Watershed Research and Water Quality
 1477  Monitoring Program.—The coordinating agencies shall implement a
 1478  Lake Okeechobee Watershed Research and Water Quality Monitoring
 1479  Program. Results from the program shall be used by the
 1480  department, in cooperation with the other coordinating agencies,
 1481  to make modifications to the Lake Okeechobee Basin Management
 1482  Action Plan adopted pursuant to s. 403.067, as appropriate. The
 1483  program shall:
 1484         a. Evaluate all available existing water quality data
 1485  concerning total phosphorus in the Lake Okeechobee watershed,
 1486  develop a water quality baseline to represent existing
 1487  conditions for total phosphorus, monitor long-term ecological
 1488  changes, including water quality for total phosphorus, and
 1489  measure compliance with water quality standards for total
 1490  phosphorus, including any applicable total maximum daily load
 1491  for the Lake Okeechobee watershed as established pursuant to s.
 1492  403.067. Beginning March 1, 2020, and every 5 years thereafter,
 1493  the department shall reevaluate water quality and quantity data
 1494  to ensure that the appropriate projects are being designated and
 1495  incorporated into the Lake Okeechobee Basin Management Action
 1496  Plan adopted pursuant to s. 403.067. The district shall
 1497  implement a total phosphorus monitoring program at appropriate
 1498  structures owned or operated by the district and within the Lake
 1499  Okeechobee watershed.
 1500         b. Develop a Lake Okeechobee water quality model that
 1501  reasonably represents the phosphorus dynamics of Lake Okeechobee
 1502  and incorporates an uncertainty analysis associated with model
 1503  predictions.
 1504         c. Determine the relative contribution of phosphorus from
 1505  all identifiable sources and all primary and secondary land
 1506  uses.
 1507         d. Conduct an assessment of the sources of phosphorus from
 1508  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
 1509  relative contribution to the water quality of Lake Okeechobee.
 1510  The results of this assessment shall be used by the coordinating
 1511  agencies as part of the Lake Okeechobee Basin Management Action
 1512  Plan adopted pursuant to s. 403.067 to develop interim measures,
 1513  best management practices, or regulations, as applicable.
 1514         e. Assess current water management practices within the
 1515  Lake Okeechobee watershed and develop recommendations for
 1516  structural and operational improvements. Such recommendations
 1517  shall balance water supply, flood control, estuarine salinity,
 1518  maintenance of a healthy lake littoral zone, and water quality
 1519  considerations.
 1520         f. Evaluate the feasibility of alternative nutrient
 1521  reduction technologies, including sediment traps, canal and
 1522  ditch maintenance, fish production or other aquaculture,
 1523  bioenergy conversion processes, and algal or other biological
 1524  treatment technologies and include any alternative nutrient
 1525  reduction technologies determined to be feasible in the Lake
 1526  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1527  403.067.
 1528         g. Conduct an assessment of the water volumes and timing
 1529  from the Lake Okeechobee watershed and their relative
 1530  contribution to the water level changes in Lake Okeechobee and
 1531  to the timing and volume of water delivered to the estuaries.
 1532         (b)(c)Lake Okeechobee Basin Management Action Plan
 1533  Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
 1534  Management Action Plan adopted pursuant to s. 403.067 shall be
 1535  the watershed phosphorus control component for Lake Okeechobee
 1536  and shall be Program is designed to be a multifaceted approach
 1537  to reducing phosphorus loads by improving the management of
 1538  phosphorus sources within the Lake Okeechobee watershed through
 1539  implementation of regulations and best management practices,
 1540  continued development and continued implementation of improved
 1541  best management practices, improvement and restoration of the
 1542  hydrologic function of natural and managed systems, and use
 1543  utilization of alternative technologies for nutrient reduction.
 1544  The plan shall contain an implementation schedule for pollutant
 1545  load reductions consistent with the adopted total maximum daily
 1546  load. The coordinating agencies shall develop an interagency
 1547  agreement pursuant to ss. 373.046 and 373.406 which is
 1548  consistent with the department taking the lead on water quality
 1549  protection measures through the Lake Okeechobee Basin Management
 1550  Action Plan adopted pursuant to s. 403.067; the district taking
 1551  the lead on hydrologic improvements pursuant to paragraph (a);
 1552  and the Department of Agriculture and Consumer Services taking
 1553  the lead on agricultural interim measures, best management
 1554  practices, and other measures adopted pursuant to s. 403.067.
 1555  The interagency agreement shall specify how best management
 1556  practices for nonagricultural nonpoint sources are developed and
 1557  how all best management practices are implemented and verified
 1558  consistent with s. 403.067 and this section. The interagency
 1559  agreement shall address measures to be taken by the coordinating
 1560  agencies during any best management practice reevaluation
 1561  performed pursuant to subparagraphs 5. and 10. The department
 1562  shall use best professional judgment in making the initial
 1563  determination of best management practice effectiveness. The
 1564  coordinating agencies may develop an intergovernmental agreement
 1565  with local governments to implement nonagricultural nonpoint
 1566  source best management practices within their respective
 1567  geographic boundaries. The coordinating agencies shall
 1568  facilitate the application of federal programs that offer
 1569  opportunities for water quality treatment, including
 1570  preservation, restoration, or creation of wetlands on
 1571  agricultural lands.
 1572         1. Agricultural nonpoint source best management practices,
 1573  developed in accordance with s. 403.067 and designed to achieve
 1574  the objectives of the Lake Okeechobee Watershed Protection
 1575  Program as part of a phased approach of management strategies
 1576  within the Lake Okeechobee Basin Management Action Plan, shall
 1577  be implemented on an expedited basis. The coordinating agencies
 1578  shall develop an interagency agreement pursuant to ss. 373.046
 1579  and 373.406(5) that assures the development of best management
 1580  practices that complement existing regulatory programs and
 1581  specifies how those best management practices are implemented
 1582  and verified. The interagency agreement shall address measures
 1583  to be taken by the coordinating agencies during any best
 1584  management practice reevaluation performed pursuant to sub
 1585  subparagraph d. The department shall use best professional
 1586  judgment in making the initial determination of best management
 1587  practice effectiveness.
 1588         2.a. As provided in s. 403.067 s. 403.067(7)(c), the
 1589  Department of Agriculture and Consumer Services, in consultation
 1590  with the department, the district, and affected parties, shall
 1591  initiate rule development for interim measures, best management
 1592  practices, conservation plans, nutrient management plans, or
 1593  other measures necessary for Lake Okeechobee watershed total
 1594  maximum daily load reduction. The rule shall include thresholds
 1595  for requiring conservation and nutrient management plans and
 1596  criteria for the contents of such plans. Development of
 1597  agricultural nonpoint source best management practices shall
 1598  initially focus on those priority basins listed in sub
 1599  subparagraph (a)1.a. subparagraph (b)1. The Department of
 1600  Agriculture and Consumer Services, in consultation with the
 1601  department, the district, and affected parties, shall conduct an
 1602  ongoing program for improvement of existing and development of
 1603  new agricultural nonpoint source interim measures and or best
 1604  management practices. The Department of Agriculture and Consumer
 1605  Services shall adopt for the purpose of adoption of such
 1606  practices by rule. The Department of Agriculture and Consumer
 1607  Services shall work with the University of Florida Florida’s
 1608  Institute of Food and Agriculture Sciences to review and, where
 1609  appropriate, develop revised nutrient application rates for all
 1610  agricultural soil amendments in the watershed.
 1611         3.b.As provided in s. 403.067, where agricultural nonpoint
 1612  source best management practices or interim measures have been
 1613  adopted by rule of the Department of Agriculture and Consumer
 1614  Services, the owner or operator of an agricultural nonpoint
 1615  source addressed by such rule shall either implement interim
 1616  measures or best management practices or demonstrate compliance
 1617  with state water quality standards addressed by the Lake
 1618  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1619  403.067 the district’s WOD program by conducting monitoring
 1620  prescribed by the department or the district. Owners or
 1621  operators of agricultural nonpoint sources who implement interim
 1622  measures or best management practices adopted by rule of the
 1623  Department of Agriculture and Consumer Services shall be subject
 1624  to the provisions of s. 403.067(7). The Department of
 1625  Agriculture and Consumer Services, in cooperation with the
 1626  department and the district, shall provide technical and
 1627  financial assistance for implementation of agricultural best
 1628  management practices, subject to the availability of funds.
 1629         4.c. The district or department shall conduct monitoring at
 1630  representative sites to verify the effectiveness of agricultural
 1631  nonpoint source best management practices.
 1632         5.d. Where water quality problems are detected for
 1633  agricultural nonpoint sources despite the appropriate
 1634  implementation of adopted best management practices, the
 1635  Department of Agriculture and Consumer Services, in consultation
 1636  with the other coordinating agencies and affected parties, shall
 1637  institute a reevaluation and revision of the best management
 1638  practices shall be conducted pursuant to s. 403.067(7)(c)4. and
 1639  make appropriate changes to the rule adopting best management
 1640  practices.
 1641         6.2.As provided in s. 403.067, nonagricultural nonpoint
 1642  source best management practices, developed in accordance with
 1643  s. 403.067 and designed to achieve the objectives of the Lake
 1644  Okeechobee Watershed Protection Program as part of a phased
 1645  approach of management strategies within the Lake Okeechobee
 1646  Basin Management Action Plan, shall be implemented on an
 1647  expedited basis. The department and the district shall develop
 1648  an interagency agreement pursuant to ss. 373.046 and 373.406(5)
 1649  that assures the development of best management practices that
 1650  complement existing regulatory programs and specifies how those
 1651  best management practices are implemented and verified. The
 1652  interagency agreement shall address measures to be taken by the
 1653  department and the district during any best management practice
 1654  reevaluation performed pursuant to sub-subparagraph d.
 1655         7.a. The department and the district are directed to work
 1656  with the University of Florida Florida’s Institute of Food and
 1657  Agricultural Sciences to develop appropriate nutrient
 1658  application rates for all nonagricultural soil amendments in the
 1659  watershed. As provided in s. 403.067 s. 403.067(7)(c), the
 1660  department, in consultation with the district and affected
 1661  parties, shall develop nonagricultural nonpoint source interim
 1662  measures, best management practices, or other measures necessary
 1663  for Lake Okeechobee watershed total maximum daily load
 1664  reduction. Development of nonagricultural nonpoint source best
 1665  management practices shall initially focus on those priority
 1666  basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
 1667  department, the district, and affected parties shall conduct an
 1668  ongoing program for improvement of existing and development of
 1669  new interim measures and or best management practices. The
 1670  department or the district shall adopt such practices by rule
 1671  The district shall adopt technology-based standards under the
 1672  district’s WOD program for nonagricultural nonpoint sources of
 1673  phosphorus. Nothing in this sub-subparagraph shall affect the
 1674  authority of the department or the district to adopt basin
 1675  specific criteria under this part to prevent harm to the water
 1676  resources of the district.
 1677         8.b. Where nonagricultural nonpoint source best management
 1678  practices or interim measures have been developed by the
 1679  department and adopted by the district, the owner or operator of
 1680  a nonagricultural nonpoint source shall implement interim
 1681  measures or best management practices and be subject to the
 1682  provisions of s. 403.067(7). The department and district shall
 1683  provide technical and financial assistance for implementation of
 1684  nonagricultural nonpoint source best management practices,
 1685  subject to the availability of funds.
 1686         9.c.As provided in s. 403.067, the district or the
 1687  department shall conduct monitoring at representative sites to
 1688  verify the effectiveness of nonagricultural nonpoint source best
 1689  management practices.
 1690         10.d. Where water quality problems are detected for
 1691  nonagricultural nonpoint sources despite the appropriate
 1692  implementation of adopted best management practices, the
 1693  department and the district shall institute a reevaluation and
 1694  revision of the best management practices shall be conducted
 1695  pursuant to s. 403.067(7)(c)4.
 1696         11.3.The provisions of Subparagraphs 1. and 2. and 7. do
 1697  may not preclude the department or the district from requiring
 1698  compliance with water quality standards or with current best
 1699  management practices requirements set forth in any applicable
 1700  regulatory program authorized by law for the purpose of
 1701  protecting water quality. Additionally, Subparagraphs 1. and 2.
 1702  and 7. are applicable only to the extent that they do not
 1703  conflict with any rules adopted by the department that are
 1704  necessary to maintain a federally delegated or approved program.
 1705         12. The program of agricultural best management practices
 1706  set forth in the Everglades Program of the district, meets the
 1707  requirements of this paragraph and s. 403.067(7) for the Lake
 1708  Okeechobee watershed. An entity in compliance with best
 1709  management practices set forth in the Everglades Program of the
 1710  district, may elect to use that permit in lieu of the
 1711  requirements of this paragraph. The provisions of s.
 1712  373.4595(3)(b)5. apply to this subparagraph.
 1713         13. The Department of Agriculture and Consumer Services, in
 1714  cooperation with the department and the district, shall provide
 1715  technical and financial assistance for implementation of
 1716  agricultural best management practices, subject to the
 1717  availability of funds. The department and district shall provide
 1718  technical and financial assistance for implementation of
 1719  nonagricultural nonpoint source best management practices,
 1720  subject to the availability of funds.
 1721         14.4. Projects that reduce the phosphorus load originating
 1722  from domestic wastewater systems within the Lake Okeechobee
 1723  watershed shall be given funding priority in the department’s
 1724  revolving loan program under s. 403.1835. The department shall
 1725  coordinate and provide assistance to those local governments
 1726  seeking financial assistance for such priority projects.
 1727         15.5. Projects that make use of private lands, or lands
 1728  held in trust for Indian tribes, to reduce nutrient loadings or
 1729  concentrations within a basin by one or more of the following
 1730  methods: restoring the natural hydrology of the basin, restoring
 1731  wildlife habitat or impacted wetlands, reducing peak flows after
 1732  storm events, increasing aquifer recharge, or protecting range
 1733  and timberland from conversion to development, are eligible for
 1734  grants available under this section from the coordinating
 1735  agencies. For projects of otherwise equal priority, special
 1736  funding priority will be given to those projects that make best
 1737  use of the methods outlined above that involve public-private
 1738  partnerships or that obtain federal match money. Preference
 1739  ranking above the special funding priority will be given to
 1740  projects located in a rural area of opportunity designated by
 1741  the Governor. Grant applications may be submitted by any person
 1742  or tribal entity, and eligible projects may include, but are not
 1743  limited to, the purchase of conservation and flowage easements,
 1744  hydrologic restoration of wetlands, creating treatment wetlands,
 1745  development of a management plan for natural resources, and
 1746  financial support to implement a management plan.
 1747         16.6.a. The department shall require all entities disposing
 1748  of domestic wastewater biosolids residuals within the Lake
 1749  Okeechobee watershed and the remaining areas of Okeechobee,
 1750  Glades, and Hendry Counties to develop and submit to the
 1751  department an agricultural use plan that limits applications
 1752  based upon phosphorus loading consistent with the Lake
 1753  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1754  403.067. By July 1, 2005, phosphorus concentrations originating
 1755  from these application sites may not exceed the limits
 1756  established in the district’s WOD program. After December 31,
 1757  2007, The department may not authorize the disposal of domestic
 1758  wastewater biosolids residuals within the Lake Okeechobee
 1759  watershed unless the applicant can affirmatively demonstrate
 1760  that the phosphorus in the biosolids residuals will not add to
 1761  phosphorus loadings in Lake Okeechobee or its tributaries. This
 1762  demonstration shall be based on achieving a net balance between
 1763  phosphorus imports relative to exports on the permitted
 1764  application site. Exports shall include only phosphorus removed
 1765  from the Lake Okeechobee watershed through products generated on
 1766  the permitted application site. This prohibition does not apply
 1767  to Class AA biosolids residuals that are marketed and
 1768  distributed as fertilizer products in accordance with department
 1769  rule.
 1770         17.b. Private and government-owned utilities within Monroe,
 1771  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1772  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1773  dispose of wastewater biosolids residual sludge from utility
 1774  operations and septic removal by land spreading in the Lake
 1775  Okeechobee watershed may use a line item on local sewer rates to
 1776  cover wastewater biosolids residual treatment and disposal if
 1777  such disposal and treatment is done by approved alternative
 1778  treatment methodology at a facility located within the areas
 1779  designated by the Governor as rural areas of opportunity
 1780  pursuant to s. 288.0656. This additional line item is an
 1781  environmental protection disposal fee above the present sewer
 1782  rate and may not be considered a part of the present sewer rate
 1783  to customers, notwithstanding provisions to the contrary in
 1784  chapter 367. The fee shall be established by the county
 1785  commission or its designated assignee in the county in which the
 1786  alternative method treatment facility is located. The fee shall
 1787  be calculated to be no higher than that necessary to recover the
 1788  facility’s prudent cost of providing the service. Upon request
 1789  by an affected county commission, the Florida Public Service
 1790  Commission will provide assistance in establishing the fee.
 1791  Further, for utilities and utility authorities that use the
 1792  additional line item environmental protection disposal fee, such
 1793  fee may not be considered a rate increase under the rules of the
 1794  Public Service Commission and shall be exempt from such rules.
 1795  Utilities using the provisions of this section may immediately
 1796  include in their sewer invoicing the new environmental
 1797  protection disposal fee. Proceeds from this environmental
 1798  protection disposal fee shall be used for treatment and disposal
 1799  of wastewater biosolids residuals, including any treatment
 1800  technology that helps reduce the volume of biosolids residuals
 1801  that require final disposal, but such proceeds may not be used
 1802  for transportation or shipment costs for disposal or any costs
 1803  relating to the land application of biosolids residuals in the
 1804  Lake Okeechobee watershed.
 1805         18.c. No less frequently than once every 3 years, the
 1806  Florida Public Service Commission or the county commission
 1807  through the services of an independent auditor shall perform a
 1808  financial audit of all facilities receiving compensation from an
 1809  environmental protection disposal fee. The Florida Public
 1810  Service Commission or the county commission through the services
 1811  of an independent auditor shall also perform an audit of the
 1812  methodology used in establishing the environmental protection
 1813  disposal fee. The Florida Public Service Commission or the
 1814  county commission shall, within 120 days after completion of an
 1815  audit, file the audit report with the President of the Senate
 1816  and the Speaker of the House of Representatives and shall
 1817  provide copies to the county commissions of the counties set
 1818  forth in subparagraph 17 sub-subparagraph b. The books and
 1819  records of any facilities receiving compensation from an
 1820  environmental protection disposal fee shall be open to the
 1821  Florida Public Service Commission and the Auditor General for
 1822  review upon request.
 1823         19.7. The Department of Health shall require all entities
 1824  disposing of septage within the Lake Okeechobee watershed to
 1825  develop and submit to that agency an agricultural use plan that
 1826  limits applications based upon phosphorus loading consistent
 1827  with the Lake Okeechobee Basin Management Action Plan adopted
 1828  pursuant to s. 403.067. By July 1, 2005, phosphorus
 1829  concentrations originating from these application sites may not
 1830  exceed the limits established in the district’s WOD program.
 1831         20.8. The Department of Agriculture and Consumer Services
 1832  shall initiate rulemaking requiring entities within the Lake
 1833  Okeechobee watershed which land-apply animal manure to develop
 1834  resource management system level conservation plans, according
 1835  to United States Department of Agriculture criteria, which limit
 1836  such application. Such rules may include criteria and thresholds
 1837  for the requirement to develop a conservation or nutrient
 1838  management plan, requirements for plan approval, and
 1839  recordkeeping requirements.
 1840         21. The district shall revise chapter 40E-61, Florida
 1841  Administrative Code, to be consistent with this section and s.
 1842  403.067; provide for a monitoring program for nonpoint source
 1843  dischargers required to monitor water quality by s. 403.067; and
 1844  provide for the results of such monitoring to be reported to the
 1845  coordinating agencies.
 1846         9. The district, the department, or the Department of
 1847  Agriculture and Consumer Services, as appropriate, shall
 1848  implement those alternative nutrient reduction technologies
 1849  determined to be feasible pursuant to subparagraph (d)6.
 1850         (d) Lake Okeechobee Watershed Research and Water Quality
 1851  Monitoring Program.—The district, in cooperation with the other
 1852  coordinating agencies, shall establish a Lake Okeechobee
 1853  Watershed Research and Water Quality Monitoring Program that
 1854  builds upon the district’s existing Lake Okeechobee research
 1855  program. The program shall:
 1856         1. Evaluate all available existing water quality data
 1857  concerning total phosphorus in the Lake Okeechobee watershed,
 1858  develop a water quality baseline to represent existing
 1859  conditions for total phosphorus, monitor long-term ecological
 1860  changes, including water quality for total phosphorus, and
 1861  measure compliance with water quality standards for total
 1862  phosphorus, including any applicable total maximum daily load
 1863  for the Lake Okeechobee watershed as established pursuant to s.
 1864  403.067. Every 3 years, the district shall reevaluate water
 1865  quality and quantity data to ensure that the appropriate
 1866  projects are being designated and implemented to meet the water
 1867  quality and storage goals of the plan. The district shall also
 1868  implement a total phosphorus monitoring program at appropriate
 1869  structures owned or operated by the South Florida Water
 1870  Management District and within the Lake Okeechobee watershed.
 1871         2. Develop a Lake Okeechobee water quality model that
 1872  reasonably represents phosphorus dynamics of the lake and
 1873  incorporates an uncertainty analysis associated with model
 1874  predictions.
 1875         3. Determine the relative contribution of phosphorus from
 1876  all identifiable sources and all primary and secondary land
 1877  uses.
 1878         4. Conduct an assessment of the sources of phosphorus from
 1879  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
 1880  relative contribution to the water quality of Lake Okeechobee.
 1881  The results of this assessment shall be used by the coordinating
 1882  agencies to develop interim measures, best management practices,
 1883  or regulation, as applicable.
 1884         5. Assess current water management practices within the
 1885  Lake Okeechobee watershed and develop recommendations for
 1886  structural and operational improvements. Such recommendations
 1887  shall balance water supply, flood control, estuarine salinity,
 1888  maintenance of a healthy lake littoral zone, and water quality
 1889  considerations.
 1890         6. Evaluate the feasibility of alternative nutrient
 1891  reduction technologies, including sediment traps, canal and
 1892  ditch maintenance, fish production or other aquaculture,
 1893  bioenergy conversion processes, and algal or other biological
 1894  treatment technologies.
 1895         7. Conduct an assessment of the water volumes and timing
 1896  from the Lake Okeechobee watershed and their relative
 1897  contribution to the water level changes in Lake Okeechobee and
 1898  to the timing and volume of water delivered to the estuaries.
 1899         (c)(e)Lake Okeechobee Exotic Species Control Program.—The
 1900  coordinating agencies shall identify the exotic species that
 1901  threaten the native flora and fauna within the Lake Okeechobee
 1902  watershed and develop and implement measures to protect the
 1903  native flora and fauna.
 1904         (d)(f)Lake Okeechobee Internal Phosphorus Management
 1905  Program.—The district, in cooperation with the other
 1906  coordinating agencies and interested parties, shall evaluate the
 1907  feasibility of complete a Lake Okeechobee internal phosphorus
 1908  load removal projects feasibility study. The evaluation
 1909  feasibility study shall be based on technical feasibility, as
 1910  well as economic considerations, and shall consider address all
 1911  reasonable methods of phosphorus removal. If projects methods
 1912  are found to be feasible, the district shall immediately pursue
 1913  the design, funding, and permitting for implementing such
 1914  projects methods.
 1915         (e)(g)Lake Okeechobee Watershed Protection Program Plan
 1916  implementation.—The coordinating agencies shall be jointly
 1917  responsible for implementing the Lake Okeechobee Watershed
 1918  Protection Program Plan, consistent with the statutory authority
 1919  and responsibility of each agency. Annual funding priorities
 1920  shall be jointly established, and the highest priority shall be
 1921  assigned to programs and projects that address sources that have
 1922  the highest relative contribution to loading and the greatest
 1923  potential for reductions needed to meet the total maximum daily
 1924  loads. In determining funding priorities, the coordinating
 1925  agencies shall also consider the need for regulatory compliance,
 1926  the extent to which the program or project is ready to proceed,
 1927  and the availability of federal matching funds or other nonstate
 1928  funding, including public-private partnerships. Federal and
 1929  other nonstate funding shall be maximized to the greatest extent
 1930  practicable.
 1931         (f)(h)Priorities and implementation schedules.—The
 1932  coordinating agencies are authorized and directed to establish
 1933  priorities and implementation schedules for the achievement of
 1934  total maximum daily loads, compliance with the requirements of
 1935  s. 403.067, and compliance with applicable water quality
 1936  standards within the waters and watersheds subject to this
 1937  section.
 1938         (i) Legislative ratification.—The coordinating agencies
 1939  shall submit the Phase II technical plan developed pursuant to
 1940  paragraph (b) to the President of the Senate and the Speaker of
 1941  the House of Representatives prior to the 2008 legislative
 1942  session for review. If the Legislature takes no action on the
 1943  plan during the 2008 legislative session, the plan is deemed
 1944  approved and may be implemented.
 1945         (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
 1946  ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
 1947  program shall be developed and implemented as specified in this
 1948  subsection. In order to protect and restore surface water
 1949  resources, the program shall address the reduction of pollutant
 1950  loadings, restoration of natural hydrology, and compliance with
 1951  applicable state water quality standards. The program shall be
 1952  achieved through a phased program of implementation. In
 1953  addition, pollutant load reductions based upon adopted total
 1954  maximum daily loads established in accordance with s. 403.067
 1955  shall serve as a program objective. In the development and
 1956  administration of the program, the coordinating agencies shall
 1957  maximize opportunities provided by federal and local government
 1958  cost-sharing programs and opportunities for partnerships with
 1959  the private sector and local government. The program plan shall
 1960  include a goal for salinity envelopes and freshwater inflow
 1961  targets for the estuaries based upon existing research and
 1962  documentation. The goal may be revised as new information is
 1963  available. This goal shall seek to reduce the frequency and
 1964  duration of undesirable salinity ranges while meeting the other
 1965  water-related needs of the region, including water supply and
 1966  flood protection, while recognizing the extent to which water
 1967  inflows are within the control and jurisdiction of the district.
 1968         (a) Caloosahatchee River Watershed Protection Plan.No
 1969  later than January 1, 2009, The district, in cooperation with
 1970  the other coordinating agencies, Lee County, and affected
 1971  counties and municipalities, shall complete a River Watershed
 1972  Protection Plan in accordance with this subsection. The
 1973  Caloosahatchee River Watershed Protection Plan shall identify
 1974  the geographic extent of the watershed, be coordinated as needed
 1975  with the plans developed pursuant to paragraph (3)(a) and
 1976  paragraph (c) (b) of this subsection, and contain an
 1977  implementation schedule for pollutant load reductions consistent
 1978  with any adopted total maximum daily loads and compliance with
 1979  applicable state water quality standards. The plan shall include
 1980  the Caloosahatchee River Watershed Construction Project and the
 1981  Caloosahatchee River Watershed Research and Water Quality
 1982  Monitoring Program.:
 1983         1. Caloosahatchee River Watershed Construction Project.—To
 1984  improve the hydrology, water quality, and aquatic habitats
 1985  within the watershed, the district shall, no later than January
 1986  1, 2012, plan, design, and construct the initial phase of the
 1987  Watershed Construction Project. In doing so, the district shall:
 1988         a. Develop and designate the facilities to be constructed
 1989  to achieve stated goals and objectives of the Caloosahatchee
 1990  River Watershed Protection Plan.
 1991         b. Conduct scientific studies that are necessary to support
 1992  the design of the Caloosahatchee River Watershed Construction
 1993  Project facilities.
 1994         c. Identify the size and location of all such facilities.
 1995         d. Provide a construction schedule for all such facilities,
 1996  including the sequencing and specific timeframe for construction
 1997  of each facility.
 1998         e. Provide a schedule for the acquisition of lands or
 1999  sufficient interests necessary to achieve the construction
 2000  schedule.
 2001         f. Provide a schedule of costs and benefits associated with
 2002  each construction project and identify funding sources.
 2003         g. To ensure timely implementation, coordinate the design,
 2004  scheduling, and sequencing of project facilities with the
 2005  coordinating agencies, Lee County, other affected counties and
 2006  municipalities, and other affected parties.
 2007         2. Caloosahatchee River Watershed Research and Water
 2008  Quality Monitoring Program.—The district, in cooperation with
 2009  the other coordinating agencies and local governments, shall
 2010  implement a Caloosahatchee River Watershed Research and Water
 2011  Quality Monitoring Program that builds upon the district’s
 2012  existing research program and that is sufficient to carry out,
 2013  comply with, or assess the plans, programs, and other
 2014  responsibilities created by this subsection. The program shall
 2015  also conduct an assessment of the water volumes and timing from
 2016  Lake Okeechobee and the Caloosahatchee River watershed and their
 2017  relative contributions to the timing and volume of water
 2018  delivered to the estuary.
 2019         (b)2.Caloosahatchee River Watershed Basin Management
 2020  Action Plans Pollutant Control Program.—The basin management
 2021  action plans adopted pursuant to s. 403.067 for the
 2022  Caloosahatchee River watershed shall be the Caloosahatchee River
 2023  Watershed Pollutant Control Program. The plans shall be is
 2024  designed to be a multifaceted approach to reducing pollutant
 2025  loads by improving the management of pollutant sources within
 2026  the Caloosahatchee River watershed through implementation of
 2027  regulations and best management practices, development and
 2028  implementation of improved best management practices,
 2029  improvement and restoration of the hydrologic function of
 2030  natural and managed systems, and utilization of alternative
 2031  technologies for pollutant reduction, such as cost-effective
 2032  biologically based, hybrid wetland/chemical and other innovative
 2033  nutrient control technologies. The plans shall contain an
 2034  implementation schedule for pollutant load reductions consistent
 2035  with the adopted total maximum daily load. The coordinating
 2036  agencies shall facilitate the use utilization of federal
 2037  programs that offer opportunities for water quality treatment,
 2038  including preservation, restoration, or creation of wetlands on
 2039  agricultural lands.
 2040         1.a. Nonpoint source best management practices consistent
 2041  with s. 403.067 paragraph (3)(c), designed to achieve the
 2042  objectives of the Caloosahatchee River Watershed Protection
 2043  Program, shall be implemented on an expedited basis. The
 2044  coordinating agencies may develop an intergovernmental agreement
 2045  with local governments to implement the nonagricultural,
 2046  nonpoint-source best management practices within their
 2047  respective geographic boundaries.
 2048         2.b. This subsection does not preclude the department or
 2049  the district from requiring compliance with water quality
 2050  standards, adopted total maximum daily loads, or current best
 2051  management practices requirements set forth in any applicable
 2052  regulatory program authorized by law for the purpose of
 2053  protecting water quality. This subsection applies only to the
 2054  extent that it does not conflict with any rules adopted by the
 2055  department or district which are necessary to maintain a
 2056  federally delegated or approved program.
 2057         3.c. Projects that make use of private lands, or lands held
 2058  in trust for Indian tribes, to reduce pollutant loadings or
 2059  concentrations within a basin, or that reduce the volume of
 2060  harmful discharges by one or more of the following methods:
 2061  restoring the natural hydrology of the basin, restoring wildlife
 2062  habitat or impacted wetlands, reducing peak flows after storm
 2063  events, or increasing aquifer recharge, are eligible for grants
 2064  available under this section from the coordinating agencies.
 2065         4.d. The Caloosahatchee River Watershed Basin Management
 2066  Action Plans Pollutant Control Program shall require assessment
 2067  of current water management practices within the watershed and
 2068  shall require development of recommendations for structural,
 2069  nonstructural, and operational improvements. Such
 2070  recommendations shall consider and balance water supply, flood
 2071  control, estuarine salinity, aquatic habitat, and water quality
 2072  considerations.
 2073         5.e.After December 31, 2007, The department may not
 2074  authorize the disposal of domestic wastewater biosolids
 2075  residuals within the Caloosahatchee River watershed unless the
 2076  applicant can affirmatively demonstrate that the nutrients in
 2077  the biosolids residuals will not add to nutrient loadings in the
 2078  watershed. This demonstration shall be based on achieving a net
 2079  balance between nutrient imports relative to exports on the
 2080  permitted application site. Exports shall include only nutrients
 2081  removed from the watershed through products generated on the
 2082  permitted application site. This prohibition does not apply to
 2083  Class AA biosolids residuals that are marketed and distributed
 2084  as fertilizer products in accordance with department rule.
 2085         6.f. The Department of Health shall require all entities
 2086  disposing of septage within the Caloosahatchee River watershed
 2087  to develop and submit to that agency an agricultural use plan
 2088  that limits applications based upon nutrient loading consistent
 2089  with any basin management action plan adopted pursuant to s.
 2090  403.067. By July 1, 2008, nutrient concentrations originating
 2091  from these application sites may not exceed the limits
 2092  established in the district’s WOD program.
 2093         7.g. The Department of Agriculture and Consumer Services
 2094  shall require initiate rulemaking requiring entities within the
 2095  Caloosahatchee River watershed which land-apply animal manure to
 2096  develop a resource management system level conservation plan,
 2097  according to United States Department of Agriculture criteria,
 2098  which limit such application. Such rules may include criteria
 2099  and thresholds for the requirement to develop a conservation or
 2100  nutrient management plan, requirements for plan approval, and
 2101  recordkeeping requirements.
 2102         8.The district shall initiate rulemaking to provide for a
 2103  monitoring program for nonpoint source dischargers required to
 2104  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2105  403.067(7)(c)3. The results of such monitoring must be reported
 2106  to the coordinating agencies.
 2107         3. Caloosahatchee River Watershed Research and Water
 2108  Quality Monitoring Program.—The district, in cooperation with
 2109  the other coordinating agencies and local governments, shall
 2110  establish a Caloosahatchee River Watershed Research and Water
 2111  Quality Monitoring Program that builds upon the district’s
 2112  existing research program and that is sufficient to carry out,
 2113  comply with, or assess the plans, programs, and other
 2114  responsibilities created by this subsection. The program shall
 2115  also conduct an assessment of the water volumes and timing from
 2116  the Lake Okeechobee and Caloosahatchee River watersheds and
 2117  their relative contributions to the timing and volume of water
 2118  delivered to the estuary.
 2119         (c)(b)St. Lucie River Watershed Protection Plan.No later
 2120  than January 1, 2009, The district, in cooperation with the
 2121  other coordinating agencies, Martin County, and affected
 2122  counties and municipalities shall complete a plan in accordance
 2123  with this subsection. The St. Lucie River Watershed Protection
 2124  Plan shall identify the geographic extent of the watershed, be
 2125  coordinated as needed with the plans developed pursuant to
 2126  paragraph (3)(a) and paragraph (a) of this subsection, and
 2127  contain an implementation schedule for pollutant load reductions
 2128  consistent with any adopted total maximum daily loads and
 2129  compliance with applicable state water quality standards. The
 2130  plan shall include the St. Lucie River Watershed Construction
 2131  Project and St. Lucie River Watershed Research and Water Quality
 2132  Monitoring Program.:
 2133         1. St. Lucie River Watershed Construction Project.—To
 2134  improve the hydrology, water quality, and aquatic habitats
 2135  within the watershed, the district shall, no later than January
 2136  1, 2012, plan, design, and construct the initial phase of the
 2137  Watershed Construction Project. In doing so, the district shall:
 2138         a. Develop and designate the facilities to be constructed
 2139  to achieve stated goals and objectives of the St. Lucie River
 2140  Watershed Protection Plan.
 2141         b. Identify the size and location of all such facilities.
 2142         c. Provide a construction schedule for all such facilities,
 2143  including the sequencing and specific timeframe for construction
 2144  of each facility.
 2145         d. Provide a schedule for the acquisition of lands or
 2146  sufficient interests necessary to achieve the construction
 2147  schedule.
 2148         e. Provide a schedule of costs and benefits associated with
 2149  each construction project and identify funding sources.
 2150         f. To ensure timely implementation, coordinate the design,
 2151  scheduling, and sequencing of project facilities with the
 2152  coordinating agencies, Martin County, St. Lucie County, other
 2153  interested parties, and other affected local governments.
 2154         2. St. Lucie River Watershed Research and Water Quality
 2155  Monitoring Program.—The district, in cooperation with the other
 2156  coordinating agencies and local governments, shall establish a
 2157  St. Lucie River Watershed Research and Water Quality Monitoring
 2158  Program that builds upon the district’s existing research
 2159  program and that is sufficient to carry out, comply with, or
 2160  assess the plans, programs, and other responsibilities created
 2161  by this subsection. The program shall also conduct an assessment
 2162  of the water volumes and timing from Lake Okeechobee and the St.
 2163  Lucie River watershed and their relative contributions to the
 2164  timing and volume of water delivered to the estuary.
 2165         (d)2.St. Lucie River Watershed Basin Management Action
 2166  Plans Pollutant Control Program.—Basin management action plans
 2167  for the St. Lucie River watershed adopted pursuant to s. 403.067
 2168  shall be the St. Lucie River Watershed Pollutant Control Program
 2169  and shall be is designed to be a multifaceted approach to
 2170  reducing pollutant loads by improving the management of
 2171  pollutant sources within the St. Lucie River watershed through
 2172  implementation of regulations and best management practices,
 2173  development and implementation of improved best management
 2174  practices, improvement and restoration of the hydrologic
 2175  function of natural and managed systems, and use utilization of
 2176  alternative technologies for pollutant reduction, such as cost
 2177  effective biologically based, hybrid wetland/chemical and other
 2178  innovative nutrient control technologies. The plan shall contain
 2179  an implementation schedule for pollutant load reductions
 2180  consistent with the adopted total maximum daily load. The
 2181  coordinating agencies shall facilitate the use utilization of
 2182  federal programs that offer opportunities for water quality
 2183  treatment, including preservation, restoration, or creation of
 2184  wetlands on agricultural lands.
 2185         1.a. Nonpoint source best management practices consistent
 2186  with s. 403.067 paragraph (3)(c), designed to achieve the
 2187  objectives of the St. Lucie River Watershed Protection Program,
 2188  shall be implemented on an expedited basis. The coordinating
 2189  agencies may develop an intergovernmental agreement with local
 2190  governments to implement the nonagricultural nonpoint source
 2191  best management practices within their respective geographic
 2192  boundaries.
 2193         2.b. This subsection does not preclude the department or
 2194  the district from requiring compliance with water quality
 2195  standards, adopted total maximum daily loads, or current best
 2196  management practices requirements set forth in any applicable
 2197  regulatory program authorized by law for the purpose of
 2198  protecting water quality. This subsection applies only to the
 2199  extent that it does not conflict with any rules adopted by the
 2200  department or district which are necessary to maintain a
 2201  federally delegated or approved program.
 2202         3.c. Projects that make use of private lands, or lands held
 2203  in trust for Indian tribes, to reduce pollutant loadings or
 2204  concentrations within a basin, or that reduce the volume of
 2205  harmful discharges by one or more of the following methods:
 2206  restoring the natural hydrology of the basin, restoring wildlife
 2207  habitat or impacted wetlands, reducing peak flows after storm
 2208  events, or increasing aquifer recharge, are eligible for grants
 2209  available under this section from the coordinating agencies.
 2210         4.d. The St. Lucie River Watershed Basin Management Action
 2211  Plans Pollutant Control Program shall require assessment of
 2212  current water management practices within the watershed and
 2213  shall require development of recommendations for structural,
 2214  nonstructural, and operational improvements. Such
 2215  recommendations shall consider and balance water supply, flood
 2216  control, estuarine salinity, aquatic habitat, and water quality
 2217  considerations.
 2218         5.e.After December 31, 2007, The department may not
 2219  authorize the disposal of domestic wastewater biosolids
 2220  residuals within the St. Lucie River watershed unless the
 2221  applicant can affirmatively demonstrate that the nutrients in
 2222  the biosolids residuals will not add to nutrient loadings in the
 2223  watershed. This demonstration shall be based on achieving a net
 2224  balance between nutrient imports relative to exports on the
 2225  permitted application site. Exports shall include only nutrients
 2226  removed from the St. Lucie River watershed through products
 2227  generated on the permitted application site. This prohibition
 2228  does not apply to Class AA biosolids residuals that are marketed
 2229  and distributed as fertilizer products in accordance with
 2230  department rule.
 2231         6.f. The Department of Health shall require all entities
 2232  disposing of septage within the St. Lucie River watershed to
 2233  develop and submit to that agency an agricultural use plan that
 2234  limits applications based upon nutrient loading consistent with
 2235  any basin management action plan adopted pursuant to s. 403.067.
 2236  By July 1, 2008, nutrient concentrations originating from these
 2237  application sites may not exceed the limits established in the
 2238  district’s WOD program.
 2239         7.g. The Department of Agriculture and Consumer Services
 2240  shall initiate rulemaking requiring entities within the St.
 2241  Lucie River watershed which land-apply animal manure to develop
 2242  a resource management system level conservation plan, according
 2243  to United States Department of Agriculture criteria, which limit
 2244  such application. Such rules may include criteria and thresholds
 2245  for the requirement to develop a conservation or nutrient
 2246  management plan, requirements for plan approval, and
 2247  recordkeeping requirements.
 2248         8.The district shall initiate rulemaking to provide for a
 2249  monitoring program for nonpoint source dischargers required to
 2250  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2251  403.067(7)(c)3. The results of such monitoring must be reported
 2252  to the coordinating agencies.
 2253         3. St. Lucie River Watershed Research and Water Quality
 2254  Monitoring Program.—The district, in cooperation with the other
 2255  coordinating agencies and local governments, shall establish a
 2256  St. Lucie River Watershed Research and Water Quality Monitoring
 2257  Program that builds upon the district’s existing research
 2258  program and that is sufficient to carry out, comply with, or
 2259  assess the plans, programs, and other responsibilities created
 2260  by this subsection. The program shall also conduct an assessment
 2261  of the water volumes and timing from the Lake Okeechobee and St.
 2262  Lucie River watersheds and their relative contributions to the
 2263  timing and volume of water delivered to the estuary.
 2264         (e)(c)River Watershed Protection Plan implementation.—The
 2265  coordinating agencies shall be jointly responsible for
 2266  implementing the River Watershed Protection Plans, consistent
 2267  with the statutory authority and responsibility of each agency.
 2268  Annual funding priorities shall be jointly established, and the
 2269  highest priority shall be assigned to programs and projects that
 2270  have the greatest potential for achieving the goals and
 2271  objectives of the plans. In determining funding priorities, the
 2272  coordinating agencies shall also consider the need for
 2273  regulatory compliance, the extent to which the program or
 2274  project is ready to proceed, and the availability of federal or
 2275  local government matching funds. Federal and other nonstate
 2276  funding shall be maximized to the greatest extent practicable.
 2277         (f)(d)Evaluation.Beginning By March 1, 2020 2012, and
 2278  every 5 3 years thereafter concurrent with the updates of the
 2279  basin management action plans adopted pursuant to s. 403.067,
 2280  the district, in cooperation with the other coordinating
 2281  agencies, shall conduct an evaluation of any pollutant load
 2282  reduction goals, as well as any other specific objectives and
 2283  goals, as stated in the River Watershed Protection Programs
 2284  Plans. Additionally, The district shall identify modifications
 2285  to facilities of the River Watershed Construction Projects, as
 2286  appropriate, or any other elements of the River Watershed
 2287  Protection Programs Plans. The evaluation shall be included in
 2288  the annual progress report submitted pursuant to this section.
 2289         (g)(e)Priorities and implementation schedules.—The
 2290  coordinating agencies are authorized and directed to establish
 2291  priorities and implementation schedules for the achievement of
 2292  total maximum daily loads, the requirements of s. 403.067, and
 2293  compliance with applicable water quality standards within the
 2294  waters and watersheds subject to this section.
 2295         (f) Legislative ratification.—The coordinating agencies
 2296  shall submit the River Watershed Protection Plans developed
 2297  pursuant to paragraphs (a) and (b) to the President of the
 2298  Senate and the Speaker of the House of Representatives prior to
 2299  the 2009 legislative session for review. If the Legislature
 2300  takes no action on the plan during the 2009 legislative session,
 2301  the plan is deemed approved and may be implemented.
 2302         (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
 2303  LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
 2304  department is directed to expedite development and adoption of
 2305  total maximum daily loads for the Caloosahatchee River and
 2306  estuary. The department is further directed to, no later than
 2307  December 31, 2008, propose for final agency action total maximum
 2308  daily loads for nutrients in the tidal portions of the
 2309  Caloosahatchee River and estuary. The department shall initiate
 2310  development of basin management action plans for Lake
 2311  Okeechobee, the Caloosahatchee River watershed and estuary, and
 2312  the St. Lucie River watershed and estuary as provided in s.
 2313  403.067 s. 403.067(7)(a) as follows:
 2314         (a) Basin management action plans shall be developed as
 2315  soon as practicable as determined necessary by the department to
 2316  achieve the total maximum daily loads established for the Lake
 2317  Okeechobee watershed and the estuaries.
 2318         (b) The Phase II technical plan development pursuant to
 2319  paragraph (3)(a) (3)(b), and the River Watershed Protection
 2320  Plans developed pursuant to paragraphs (4)(a) and (c)(b), shall
 2321  provide the basis for basin management action plans developed by
 2322  the department.
 2323         (c) As determined necessary by the department in order to
 2324  achieve the total maximum daily loads, additional or modified
 2325  projects or programs that complement those in the legislatively
 2326  ratified plans may be included during the development of the
 2327  basin management action plan.
 2328         (d) As provided in s. 403.067, management strategies and
 2329  pollution reduction requirements set forth in a basin management
 2330  action plan subject to permitting by the department under
 2331  subsection (7) must be completed pursuant to the schedule set
 2332  forth in the basin management action plan, as amended. The
 2333  implementation schedule may extend beyond the 5-year permit
 2334  term.
 2335         (e) As provided in s. 403.067, management strategies and
 2336  pollution reduction requirements set forth in a basin management
 2337  action plan for a specific pollutant of concern are not subject
 2338  to challenge under chapter 120 at the time they are
 2339  incorporated, in an identical form, into a department or
 2340  district issued permit or a permit modification issued in
 2341  accordance with subsection (7).
 2342         (d) Development of basin management action plans that
 2343  implement the provisions of the legislatively ratified plans
 2344  shall be initiated by the department no later than September 30
 2345  of the year in which the applicable plan is ratified. Where a
 2346  total maximum daily load has not been established at the time of
 2347  plan ratification, development of basin management action plans
 2348  shall be initiated no later than 90 days following adoption of
 2349  the applicable total maximum daily load.
 2350         (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in
 2351  cooperation with the other coordinating agencies, shall report
 2352  on implementation of this section as part of the consolidated
 2353  annual report required in s. 373.036(7). The annual report shall
 2354  include a summary of the conditions of the hydrology, water
 2355  quality, and aquatic habitat in the northern Everglades based on
 2356  the results of the Research and Water Quality Monitoring
 2357  Programs, the status of the Lake Okeechobee Watershed
 2358  Construction Project, the status of the Caloosahatchee River
 2359  Watershed Construction Project, and the status of the St. Lucie
 2360  River Watershed Construction Project. In addition, the report
 2361  shall contain an annual accounting of the expenditure of funds
 2362  from the Save Our Everglades Trust Fund. At a minimum, the
 2363  annual report shall provide detail by program and plan,
 2364  including specific information concerning the amount and use of
 2365  funds from federal, state, or local government sources. In
 2366  detailing the use of these funds, the district shall indicate
 2367  those designated to meet requirements for matching funds. The
 2368  district shall prepare the report in cooperation with the other
 2369  coordinating agencies and affected local governments. The
 2370  department shall report on the status of the Lake Okeechobee
 2371  Basin Management Action Plan, the Caloosahatchee River Watershed
 2372  Basin Management Action Plan, and the St. Lucie River Watershed
 2373  Basin Management Action Plan. The Department of Agriculture and
 2374  Consumer Services shall report on the status of the
 2375  implementation of the agricultural nonpoint source best
 2376  management practices.
 2377         (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
 2378         (a) The Legislature finds that the Lake Okeechobee
 2379  Watershed Protection Program will benefit Lake Okeechobee and
 2380  downstream receiving waters and is in consistent with the public
 2381  interest. The Lake Okeechobee Watershed Construction Project,
 2382  and structures discharging into or from Lake Okeechobee shall be
 2383  constructed, operated, and maintained in accordance with this
 2384  section.
 2385         (b) Permits obtained pursuant to this section are in lieu
 2386  of all other permits under this chapter or chapter 403, except
 2387  those issued under s. 403.0885, if applicable. No Additional
 2388  permits are not required for the Lake Okeechobee Watershed
 2389  Construction Project, or structures discharging into or from
 2390  Lake Okeechobee, if such project or structures are permitted
 2391  under this section. Construction activities related to
 2392  implementation of the Lake Okeechobee Watershed Construction
 2393  Project may be initiated before prior to final agency action, or
 2394  notice of intended agency action, on any permit from the
 2395  department under this section.
 2396         (c)1.Within 90 days of completion of the diversion plans
 2397  set forth in Department Consent Orders 91-0694, 91-0707, 91
 2398  0706, 91-0705, and RT50-205564, Owners or operators of existing
 2399  structures which discharge into or from Lake Okeechobee that
 2400  were subject to Department Consent Orders 91-0694, 91-0705, 91
 2401  0706, 91-0707, and RT50-205564 and that are subject to the
 2402  provisions of s. 373.4592(4)(a) do not require a permit under
 2403  this section and shall be governed by permits issued under apply
 2404  for a permit from the department to operate and maintain such
 2405  structures. By September 1, 2000, owners or operators of all
 2406  other existing structures which discharge into or from Lake
 2407  Okeechobee shall apply for a permit from the department to
 2408  operate and maintain such structures. The department shall issue
 2409  one or more such permits for a term of 5 years upon the
 2410  demonstration of reasonable assurance that schedules and
 2411  strategies to achieve and maintain compliance with water quality
 2412  standards have been provided for, to the maximum extent
 2413  practicable, and that operation of the structures otherwise
 2414  complies with provisions of ss. 373.413 and 373.416 and the Lake
 2415  Okeechobee Basin Management Action Plan adopted pursuant to s.
 2416  403.067.
 2417         1. Permits issued under this paragraph shall also contain
 2418  reasonable conditions to ensure that discharges of waters
 2419  through structures:
 2420         a. Are adequately and accurately monitored;
 2421         b. Will not degrade existing Lake Okeechobee water quality
 2422  and will result in an overall reduction of phosphorus input into
 2423  Lake Okeechobee, as set forth in the district’s Technical
 2424  Publication 81-2 and the total maximum daily load established in
 2425  accordance with s. 403.067, to the maximum extent practicable;
 2426  and
 2427         c. Do not pose a serious danger to public health, safety,
 2428  or welfare.
 2429         2. For the purposes of this paragraph, owners and operators
 2430  of existing structures which are subject to the provisions of s.
 2431  373.4592(4)(a) and which discharge into or from Lake Okeechobee
 2432  shall be deemed in compliance with this paragraph the term
 2433  “maximum extent practicable” if they are in full compliance with
 2434  the conditions of permits under chapter chapters 40E-61 and 40E
 2435  63, Florida Administrative Code.
 2436         3. By January 1, 2004, The district shall obtain from
 2437  submit to the department a permit modification to the Lake
 2438  Okeechobee structure permits to incorporate proposed changes
 2439  necessary to ensure that discharges through the structures
 2440  covered by this permit are consistent with the basin management
 2441  action plan adopted pursuant to achieve state water quality
 2442  standards, including the total maximum daily load established in
 2443  accordance with s. 403.067. These changes shall be designed to
 2444  achieve such compliance with state water quality standards no
 2445  later than January 1, 2015.
 2446         (d) The department shall require permits for district
 2447  regional projects that are part of the Lake Okeechobee Watershed
 2448  Construction Project facilities. However, projects identified in
 2449  sub-subparagraph (3)(b)1.b. that qualify as exempt pursuant to
 2450  s. 373.406 do shall not require need permits under this section.
 2451  Such permits shall be issued for a term of 5 years upon the
 2452  demonstration of reasonable assurances that:
 2453         1. District regional projects that are part of the Lake
 2454  Okeechobee Watershed Construction Project shall facility, based
 2455  upon the conceptual design documents and any subsequent detailed
 2456  design documents developed by the district, will achieve the
 2457  design objectives for phosphorus required in subparagraph
 2458  (3)(a)1. paragraph (3)(b);
 2459         2. For water quality standards other than phosphorus, the
 2460  quality of water discharged from the facility is of equal or
 2461  better quality than the inflows;
 2462         3. Discharges from the facility do not pose a serious
 2463  danger to public health, safety, or welfare; and
 2464         4. Any impacts on wetlands or state-listed species
 2465  resulting from implementation of that facility of the Lake
 2466  Okeechobee Construction Project are minimized and mitigated, as
 2467  appropriate.
 2468         (e) At least 60 days before prior to the expiration of any
 2469  permit issued under this section, the permittee may apply for a
 2470  renewal thereof for a period of 5 years.
 2471         (f) Permits issued under this section may include any
 2472  standard conditions provided by department rule which are
 2473  appropriate and consistent with this section.
 2474         (g) Permits issued under pursuant to this section may be
 2475  modified, as appropriate, upon review and approval by the
 2476  department.
 2477         (8) ENFORCEMENT OF BASIN MANAGEMENT ACTION PLANS.—The basin
 2478  management action plans for Lake Okeechobee, the Caloosahatchee
 2479  River watershed and estuary, and the St. Lucie River watershed
 2480  and estuary are enforceable pursuant to ss. 403.067, 403.121,
 2481  403.141, and 403.161.
 2482         Section 19. Paragraphs (a) and (b) of subsection (6) of
 2483  section 373.536, Florida Statutes, are amended to read:
 2484         373.536 District budget and hearing thereon.—
 2485         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2486  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2487         (a) Each district must, by the date specified for each
 2488  item, furnish copies of the following documents to the Governor,
 2489  the President of the Senate, the Speaker of the House of
 2490  Representatives, the chairs of all legislative committees and
 2491  subcommittees having substantive or fiscal jurisdiction over the
 2492  districts, as determined by the President of the Senate or the
 2493  Speaker of the House of Representatives as applicable, the
 2494  secretary of the department, and the governing board of each
 2495  county in which the district has jurisdiction or derives any
 2496  funds for the operations of the district:
 2497         1. The adopted budget, to be furnished within 10 days after
 2498  its adoption.
 2499         2. A financial audit of its accounts and records, to be
 2500  furnished within 10 days after its acceptance by the governing
 2501  board. The audit must be conducted in accordance with s. 11.45
 2502  and the rules adopted thereunder. In addition to the entities
 2503  named above, the district must provide a copy of the audit to
 2504  the Auditor General within 10 days after its acceptance by the
 2505  governing board.
 2506         3. A 5-year capital improvements plan, to be included in
 2507  the consolidated annual report required by s. 373.036(7). The
 2508  plan must include expected sources of revenue for planned
 2509  improvements and must be prepared in a manner comparable to the
 2510  fixed capital outlay format set forth in s. 216.043.
 2511         4. A 5-year water resource development work program to be
 2512  furnished within 30 days after the adoption of the final budget.
 2513  The program must describe the district’s implementation strategy
 2514  and include an annual funding plan for each of the 5 years
 2515  included in the plan for the water resource and, water supply,
 2516  development components, including and alternative water supply
 2517  development, components of each approved regional water supply
 2518  plan developed or revised under s. 373.709. The work program
 2519  must address all the elements of the water resource development
 2520  component in the district’s approved regional water supply
 2521  plans, as well as the water supply projects proposed for
 2522  district funding and assistance. The annual funding plan shall
 2523  identify both anticipated available district funding and
 2524  additional funding needs for the second through fifth years of
 2525  the funding plan. Funding requests for projects submitted for
 2526  consideration for state funding pursuant to s. 403.0616 shall be
 2527  identified separately. The work program and must identify
 2528  projects in the work program which will provide water; explain
 2529  how each water resource, and water supply, and alternative water
 2530  supply development project will produce additional water
 2531  available for consumptive uses; estimate the quantity of water
 2532  to be produced by each project; and provide an assessment of the
 2533  contribution of the district’s regional water supply plans in
 2534  supporting the implementation of minimum flows and levels and
 2535  reservations; and ensure providing sufficient water is available
 2536  needed to timely meet the water supply needs of existing and
 2537  future reasonable-beneficial uses for a 1-in-10-year drought
 2538  event and to avoid the adverse effects of competition for water
 2539  supplies.
 2540         (b) Within 30 days after its submittal, the department
 2541  shall review the proposed work program and submit its findings,
 2542  questions, and comments to the district. The review must include
 2543  a written evaluation of the program’s consistency with the
 2544  furtherance of the district’s approved regional water supply
 2545  plans, and the adequacy of proposed expenditures. As part of the
 2546  review, the department shall post the work program on its
 2547  website and give interested parties the opportunity to provide
 2548  written comments on each district’s proposed work program.
 2549  Within 45 days after receipt of the department’s evaluation, the
 2550  governing board shall state in writing to the department which
 2551  of the changes recommended in the evaluation it will incorporate
 2552  into its work program submitted as part of the March 1
 2553  consolidated annual report required by s. 373.036(7) or specify
 2554  the reasons for not incorporating the changes. The department
 2555  shall include the district’s responses in a final evaluation
 2556  report and shall submit a copy of the report to the Governor,
 2557  the President of the Senate, and the Speaker of the House of
 2558  Representatives.
 2559         Section 20. Subsection (9) of section 373.703, Florida
 2560  Statutes, is amended to read:
 2561         373.703 Water production; general powers and duties.—In the
 2562  performance of, and in conjunction with, its other powers and
 2563  duties, the governing board of a water management district
 2564  existing pursuant to this chapter:
 2565         (9) May join with one or more other water management
 2566  districts, counties, municipalities, special districts, publicly
 2567  owned or privately owned water utilities, multijurisdictional
 2568  water supply entities, regional water supply authorities,
 2569  private landowners, or self-suppliers for the purpose of
 2570  carrying out its powers, and may contract with such other
 2571  entities to finance acquisitions, construction, operation, and
 2572  maintenance, provided that such contracts are consistent with
 2573  the public interest. The contract may provide for contributions
 2574  to be made by each party to the contract for the division and
 2575  apportionment of the expenses of acquisitions, construction,
 2576  operation, and maintenance, and for the division and
 2577  apportionment of resulting benefits, services, and products. The
 2578  contracts may contain other covenants and agreements necessary
 2579  and appropriate to accomplish their purposes.
 2580         Section 21. Paragraph (b) of subsection (2), subsection
 2581  (3), and paragraph (b) of subsection (4) of section 373.705,
 2582  Florida Statutes, are amended, and subsection (5) is added to
 2583  that section, to read:
 2584         373.705 Water resource development; water supply
 2585  development.—
 2586         (2) It is the intent of the Legislature that:
 2587         (b) Water management districts take the lead in identifying
 2588  and implementing water resource development projects, and be
 2589  responsible for securing necessary funding for regionally
 2590  significant water resource development projects, including
 2591  regionally significant projects that prevent or limit adverse
 2592  water resource impacts, avoid competition among water users, or
 2593  support the provision of new water supplies in order to meet a
 2594  minimum flow or minimum water level, implement a recovery or
 2595  prevention strategy or water reservation.
 2596         (3)(a) The water management districts shall fund and
 2597  implement water resource development as defined in s. 373.019.
 2598  The water management districts are encouraged to implement water
 2599  resource development as expeditiously as possible in areas
 2600  subject to regional water supply plans.
 2601         (b) Each governing board shall include in its annual budget
 2602  submittals required under this chapter:
 2603         1. The amount of funds for each project in the annual
 2604  funding plan developed pursuant to s. 373.536(6)(a)4.
 2605         2. The total amount needed for the fiscal year to implement
 2606  water resource development projects, as prioritized in its
 2607  regional water supply plans.
 2608         3.The amount of funds requested for each project submitted
 2609  for consideration for state funding pursuant to s. 403.0616.
 2610         (4)
 2611         (b) Water supply development projects that meet the
 2612  criteria in paragraph (a) and that meet one or more of the
 2613  following additional criteria shall be given first consideration
 2614  for state or water management district funding assistance:
 2615         1. The project brings about replacement of existing sources
 2616  in order to help implement a minimum flow or level; or
 2617         2. The project implements reuse that assists in the
 2618  elimination of domestic wastewater ocean outfalls as provided in
 2619  s. 403.086(9); or
 2620         3. The project reduces or eliminates the adverse effects of
 2621  competition between legal users and the natural system.
 2622         (5) The water management districts shall promote expanded
 2623  cost-share criteria for additional conservation practices, such
 2624  as soil and moisture sensors and other irrigation improvements,
 2625  water-saving equipment, and water-saving household fixtures.
 2626         Section 22. Paragraph (f) of subsection (3), paragraph (a)
 2627  of subsection (6), and paragraph (e) of subsection (8) of
 2628  section 373.707, Florida Statutes, are amended to read:
 2629         373.707 Alternative water supply development.—
 2630         (3) The primary roles of the water management districts in
 2631  water resource development as it relates to supporting
 2632  alternative water supply development are:
 2633         (f) The provision of technical and financial assistance to
 2634  local governments and publicly owned and privately owned water
 2635  utilities for alternative water supply projects and for self
 2636  suppliers for alternative water supply projects to the extent
 2637  assistance for self-suppliers promotes the policies in paragraph
 2638  (1)(f).
 2639         (6)(a) Where state The statewide funds are provided through
 2640  specific appropriation for a priority project of the water
 2641  resources work program pursuant to s. 403.0616, or pursuant to
 2642  the Water Protection and Sustainability Program, such funds
 2643  serve to supplement existing water management district or basin
 2644  board funding for alternative water supply development
 2645  assistance and should not result in a reduction of such funding.
 2646  For each project identified in the plans prepared pursuant to s.
 2647  373.536(6)(a)4. Therefore, the water management districts shall
 2648  include in the annual tentative and adopted budget submittals
 2649  required under this chapter the amount of funds allocated for
 2650  water resource development that supports alternative water
 2651  supply development and the funds allocated for alternative water
 2652  supply projects selected for inclusion in the Water Protection
 2653  and Sustainability Program. It shall be the goal of each water
 2654  management district and basin boards that the combined funds
 2655  allocated annually for these purposes be, at a minimum, the
 2656  equivalent of 100 percent of the state funding provided to the
 2657  water management district for alternative water supply
 2658  development. If this goal is not achieved, the water management
 2659  district shall provide in the budget submittal an explanation of
 2660  the reasons or constraints that prevent this goal from being
 2661  met, an explanation of how the goal will be met in future years,
 2662  and affirmation of match is required during the budget review
 2663  process as established under s. 373.536(5). The Suwannee River
 2664  Water Management District and the Northwest Florida Water
 2665  Management District shall not be required to meet the match
 2666  requirements of this paragraph; however, they shall try to
 2667  achieve the match requirement to the greatest extent
 2668  practicable.
 2669         (8)
 2670         (e) Applicants for projects that may receive funding
 2671  assistance pursuant to the Water Protection and Sustainability
 2672  Program shall, at a minimum, be required to pay 60 percent of
 2673  the project’s construction costs. The water management districts
 2674  may, at their discretion, totally or partially waive this
 2675  requirement for projects sponsored by:
 2676         1. Financially disadvantaged small local governments as
 2677  defined in former s. 403.885(5); or
 2678         2. Water users for projects determined by a water
 2679  management district governing board to be in the public interest
 2680  pursuant to paragraph (1)(f), if the projects are not otherwise
 2681  financially feasible.
 2682  
 2683  The water management districts or basin boards may, at their
 2684  discretion, use ad valorem or federal revenues to assist a
 2685  project applicant in meeting the requirements of this paragraph.
 2686         Section 23. Paragraph (a) of subsection (2) and paragraphs
 2687  (a) and (e) of subsection (6) of section 373.709, Florida
 2688  Statutes, are amended to read:
 2689         373.709 Regional water supply planning.—
 2690         (2) Each regional water supply plan must be based on at
 2691  least a 20-year planning period and must include, but need not
 2692  be limited to:
 2693         (a) A water supply development component for each water
 2694  supply planning region identified by the district which
 2695  includes:
 2696         1. A quantification of the water supply needs for all
 2697  existing and future reasonable-beneficial uses within the
 2698  planning horizon. The level-of-certainty planning goal
 2699  associated with identifying the water supply needs of existing
 2700  and future reasonable-beneficial uses must be based upon meeting
 2701  those needs for a 1-in-10-year drought event.
 2702         a. Population projections used for determining public water
 2703  supply needs must be based upon the best available data. In
 2704  determining the best available data, the district shall consider
 2705  the University of Florida Florida’s Bureau of Economic and
 2706  Business Research (BEBR) medium population projections and
 2707  population projection data and analysis submitted by a local
 2708  government pursuant to the public workshop described in
 2709  subsection (1) if the data and analysis support the local
 2710  government’s comprehensive plan. Any adjustment of or deviation
 2711  from the BEBR projections must be fully described, and the
 2712  original BEBR data must be presented along with the adjusted
 2713  data.
 2714         b. Agricultural demand projections used for determining the
 2715  needs of agricultural self-suppliers must be based upon the best
 2716  available data. In determining the best available data for
 2717  agricultural self-supplied water needs, the district shall
 2718  consider the data indicative of future water supply demands
 2719  provided by the Department of Agriculture and Consumer Services
 2720  pursuant to s. 570.93 and agricultural demand projection data
 2721  and analysis submitted by a local government pursuant to the
 2722  public workshop described in subsection (1), if the data and
 2723  analysis support the local government’s comprehensive plan. Any
 2724  adjustment of or deviation from the data provided by the
 2725  Department of Agriculture and Consumer Services must be fully
 2726  described, and the original data must be presented along with
 2727  the adjusted data.
 2728         2. A list of water supply development project options,
 2729  including traditional and alternative water supply project
 2730  options that are technically and financially feasible, from
 2731  which local government, government-owned and privately owned
 2732  utilities, regional water supply authorities,
 2733  multijurisdictional water supply entities, self-suppliers, and
 2734  others may choose for water supply development. In addition to
 2735  projects listed by the district, such users may propose specific
 2736  projects for inclusion in the list of alternative water supply
 2737  projects. If such users propose a project to be listed as an
 2738  alternative water supply project, the district shall determine
 2739  whether it meets the goals of the plan, and, if so, it shall be
 2740  included in the list. The total capacity of the projects
 2741  included in the plan must exceed the needs identified in
 2742  subparagraph 1. and take into account water conservation and
 2743  other demand management measures, as well as water resources
 2744  constraints, including adopted minimum flows and levels and
 2745  water reservations. Where the district determines it is
 2746  appropriate, the plan should specifically identify the need for
 2747  multijurisdictional approaches to project options that, based on
 2748  planning level analysis, are appropriate to supply the intended
 2749  uses and that, based on such analysis, appear to be permittable
 2750  and financially and technically feasible. The list of water
 2751  supply development options must contain provisions that
 2752  recognize that alternative water supply options for agricultural
 2753  self-suppliers are limited.
 2754         3. For each project option identified in subparagraph 2.,
 2755  the following must be provided:
 2756         a. An estimate of the amount of water to become available
 2757  through the project.
 2758         b. The timeframe in which the project option should be
 2759  implemented and the estimated planning-level costs for capital
 2760  investment and operating and maintaining the project.
 2761         c. An analysis of funding needs and sources of possible
 2762  funding options. For alternative water supply projects, the
 2763  water management districts shall provide funding assistance
 2764  pursuant to s. 373.707(8).
 2765         d. Identification of the entity that should implement each
 2766  project option and the current status of project implementation.
 2767         (6) Annually and in conjunction with the reporting
 2768  requirements of s. 373.536(6)(a)4., the department shall submit
 2769  to the Governor and the Legislature a report on the status of
 2770  regional water supply planning in each district. The report
 2771  shall include:
 2772         (a) A compilation of the estimated costs of and an analysis
 2773  of the sufficiency of potential sources of funding from all
 2774  sources for water resource development and water supply
 2775  development projects as identified in the water management
 2776  district regional water supply plans.
 2777         (e) An overall assessment of the progress being made to
 2778  develop water supply in each district, including, but not
 2779  limited to, an explanation of how each project in the 5-year
 2780  water resource development work program in s. 373.536(6)(a)4.,
 2781  either alternative or traditional, will produce, contribute to,
 2782  or account for additional water being made available for
 2783  consumptive uses, minimum flows and levels, or water
 2784  reservations; an estimate of the quantity of water to be
 2785  produced by each project;, and an assessment of the contribution
 2786  of the district’s regional water supply plan in providing
 2787  sufficient water to meet the needs of existing and future
 2788  reasonable-beneficial uses for a 1-in-10-year drought event, as
 2789  well as the needs of the natural systems.
 2790         Section 24. Part VIII of chapter 373, Florida Statutes,
 2791  consisting of sections 373.801, 373.802, 373.803, 373.805,
 2792  373.807, 373.811, 373.813, and 373.815, Florida Statutes, is
 2793  created and entitled the “Florida Springs and Aquifer Protection
 2794  Act.”
 2795         Section 25. Section 373.801, Florida Statutes, is created
 2796  to read:
 2797         373.801Legislative findings and intent.—
 2798         (1)The Legislature finds that springs are a unique part of
 2799  this state’s scenic beauty. Springs provide critical habitat for
 2800  plants and animals, including many endangered or threatened
 2801  species. Springs also provide immeasurable natural,
 2802  recreational, economic, and inherent value. Springs are of great
 2803  scientific importance in understanding the diverse functions of
 2804  aquatic ecosystems. Water quality of springs is an indicator of
 2805  local conditions of the Floridan Aquifer, which is a source of
 2806  drinking water for many residents of this state. Water flows in
 2807  springs reflect regional aquifer conditions. In addition,
 2808  springs provide recreational opportunities for swimming,
 2809  canoeing, wildlife watching, fishing, cave diving, and many
 2810  other activities in this state. These recreational opportunities
 2811  and the accompanying tourism they provide are a benefit to local
 2812  economies and the economy of the state as a whole.
 2813         (2) Water quantity and water quality in springs may be
 2814  related. For regulatory purposes, the department has primary
 2815  responsibility for water quality; the water management districts
 2816  have primary responsibility for water quantity; the Department
 2817  of Agriculture and Consumer Services has primary responsibility
 2818  for the development and implementation of agricultural best
 2819  management practices; and the local governments have primary
 2820  responsibility for providing wastewater and stormwater
 2821  management. The foregoing responsible entities must coordinate
 2822  to restore and maintain the water quantity and water quality of
 2823  the Outstanding Florida Springs.
 2824         (3) The Legislature recognizes that:
 2825         (a)Springs are only as healthy as their springsheds. The
 2826  groundwater that supplies springs is derived from water that
 2827  recharges the aquifer system in the form of seepage from the
 2828  land surface and through direct conduits, such as sinkholes.
 2829  Springs may be adversely affected by polluted runoff from urban
 2830  and agricultural lands; discharge resulting from inadequate
 2831  wastewater and stormwater management practices; stormwater
 2832  runoff; and reduced water levels of the Floridan Aquifer. As a
 2833  result, the hydrologic and environmental conditions of a spring
 2834  or spring run are directly influenced by activities and land
 2835  uses within a springshed and by water withdrawals from the
 2836  Floridan Aquifer.
 2837         (b)Springs, whether found in urban or rural settings, or
 2838  on public or private lands, may be threatened by actual or
 2839  potential flow reductions and declining water quality. Many of
 2840  this state’s springs are demonstrating signs of significant
 2841  ecological imbalance, increased nutrient loading, and declining
 2842  water flow. Without effective remedial action, further declines
 2843  in water quality and water quantity may occur.
 2844         (c)Springshed boundaries and areas of high vulnerability
 2845  within a springshed need to be identified and delineated using
 2846  the best available data.
 2847         (d)Springsheds typically cross water management district
 2848  boundaries and local government jurisdictional boundaries, so a
 2849  coordinated statewide springs protection plan is needed.
 2850         (e)The aquifers and springs of this state are complex
 2851  systems affected by many variables and influences.
 2852         (4)The Legislature recognizes that action is urgently
 2853  needed and, as additional data is acquired, action must be
 2854  continually modified.
 2855         Section 26. Section 373.802, Florida Statutes, is created
 2856  to read:
 2857         373.802 Definitions.—As used in this part, the term:
 2858         (1)“Department” means the Department of Environmental
 2859  Protection, which includes the Florida Geological Survey or its
 2860  successor agencies.
 2861         (2)“Local government” means a county or municipal
 2862  government the jurisdictional boundaries of which include an
 2863  Outstanding Florida Spring or any part of a springshed or
 2864  delineated priority focus area of an Outstanding Florida Spring.
 2865         (3)“Onsite sewage treatment and disposal system” means a
 2866  system that contains a standard subsurface, filled, or mound
 2867  drainfield system; an aerobic treatment unit; a graywater system
 2868  tank; a laundry wastewater system tank; a septic tank; a grease
 2869  interceptor; a pump tank; a solids or effluent pump; a
 2870  waterless, incinerating, or organic waste-composting toilet; or
 2871  a sanitary pit privy that is installed or proposed to be
 2872  installed beyond the building sewer on land of the owner or on
 2873  other land on which the owner has the legal right to install
 2874  such system. The term includes any item placed within, or
 2875  intended to be used as a part of or in conjunction with, the
 2876  system. The term does not include package sewage treatment
 2877  facilities and other treatment works regulated under chapter
 2878  403.
 2879         (4)“Outstanding Florida Spring” includes all historic
 2880  first magnitude springs, as determined by the department using
 2881  the most recent Florida Geological Survey springs bulletin,
 2882  excluding submarine springs, and the following springs, and
 2883  their associated spring runs:
 2884         (a)De Leon Springs;
 2885         (b)Peacock Springs;
 2886         (c) Poe Springs;
 2887         (d)Rock Springs;
 2888         (e)Wekiwa Springs; and
 2889         (f) Gemini Springs.
 2890         (5)“Priority focus area” means the area or areas of a
 2891  basin where the Floridan Aquifer is most vulnerable to
 2892  groundwater withdrawals or pollutant inputs, where the
 2893  groundwater travel times are the fastest, and where there is a
 2894  known connectivity between groundwater pathways and an
 2895  Outstanding Florida Spring, as determined by the department in
 2896  consultation with the appropriate water management districts.
 2897         (6)“Springshed” means the areas within the groundwater and
 2898  surface water basins which contribute, based upon all relevant
 2899  facts, circumstances, and data, to the discharge of a spring as
 2900  defined by potentiometric surface maps and surface watershed
 2901  boundaries.
 2902         (7)“Spring run” means a body of flowing water that
 2903  originates from a spring or whose primary source of water is a
 2904  spring or springs under average rainfall conditions.
 2905         (8) “Spring vent” means a location where groundwater flows
 2906  out of a natural, discernable opening in the ground onto the
 2907  land surface or into a predominantly fresh surface water body.
 2908         Section 27. Section 373.803, Florida Statutes, is created
 2909  to read:
 2910         373.803 Delineation of priority focus areas for Outstanding
 2911  Florida Springs.—Using the best data available from the water
 2912  management districts and other credible sources, the department,
 2913  in coordination with the water management districts, shall
 2914  delineate priority focus areas for each Outstanding Florida
 2915  Spring or group of springs that contains one or more Outstanding
 2916  Florida Springs. In delineating priority focus areas, the
 2917  department shall consider groundwater travel time to the spring,
 2918  hydrogeology, nutrient load, and any other factors that may lead
 2919  to degradation of an Outstanding Florida Spring. The delineation
 2920  of priority focus areas must be completed by July 1, 2018.
 2921         Section 28. Section 373.805, Florida Statutes, is created
 2922  to read:
 2923         373.805 Minimum flows and minimum water levels for
 2924  Outstanding Florida Springs.—
 2925         (1)(a)At the time a minimum flow or minimum water level is
 2926  adopted for an Outstanding Florida Spring, if the spring is
 2927  below or is projected within 20 years to fall below the minimum
 2928  flow or minimum water level, a water management district or the
 2929  department shall simultaneously adopt a recovery or prevention
 2930  strategy.
 2931         (b) When an interim minimum flow or minimum water level is
 2932  established pursuant to s. 373.042(2) for an Outstanding Florida
 2933  Spring, the water management district or the department shall
 2934  also adopt a recovery or prevention strategy by July 1, 2016, if
 2935  the spring is below or is projected within 20 years to fall
 2936  below the interim minimum flow or minimum water level.
 2937         (2) For an Outstanding Florida Spring, a minimum flow or
 2938  minimum water level adopted before July 1, 2015, must be revised
 2939  by July 1, 2018. When a minimum flow or minimum water level is
 2940  revised, if the spring is below or is projected within 20 years
 2941  to fall below the revised minimum flow or minimum water level, a
 2942  water management district or the department shall simultaneously
 2943  adopt a recovery or prevention strategy or modify an existing
 2944  recovery or prevention strategy. A district or the department
 2945  may adopt the revised minimum flow or minimum water level before
 2946  the adoption of a recovery or prevention strategy if the revised
 2947  minimum flow or minimum water level is less constraining on
 2948  existing or projected future consumptive uses.
 2949         (3) For an Outstanding Florida Spring without an adopted
 2950  recovery or prevention strategy, if a district or the department
 2951  determines the spring has fallen below, or is projected within
 2952  20 years to fall below the adopted or interim minimum flow or
 2953  minimum water level, a water management district or the
 2954  department shall expeditiously adopt a recovery or prevention
 2955  strategy.
 2956         (4) The recovery or prevention strategy for each
 2957  Outstanding Florida Spring must, at a minimum, include:
 2958         (a) A listing of all specific projects identified for
 2959  implementation of the plan;
 2960         (b) A priority listing of each project;
 2961         (c) For each listed project, the estimated cost of and the
 2962  estimated date of completion;
 2963         (d) The source and amount of financial assistance to be
 2964  made available by the water management district for each listed
 2965  project, which may not be less than 25 percent of the total
 2966  project cost unless a specific funding source or sources are
 2967  identified which will provide more than 75 percent of the total
 2968  project cost. The Northwest Florida Water Management District
 2969  and the Suwannee River Water Management District are not
 2970  required to provide matching funds pursuant to this paragraph;
 2971         (e) An estimate of each listed project’s benefit to an
 2972  Outstanding Florida Spring; and
 2973         (f) An implementation plan with a goal to achieve the
 2974  adopted or interim minimum flow or minimum water level no more
 2975  than 20 years after the adoption of a recovery or prevention
 2976  strategy. The implementation plan must include measureable
 2977  interim milestones to be achieved within 5, 10, and 15 years,
 2978  respectively, intended to achieve the adopted or interim minimum
 2979  flow or minimum water level.
 2980         (5) A local government may apply to the department for an
 2981  extension of up to 5 years for any project in an adopted
 2982  recovery or prevention strategy. The department may grant the
 2983  extension if the local government provides to the department
 2984  sufficient evidence that an extension is in the best interest of
 2985  the public. For a local government in a rural area of
 2986  opportunity, as defined in s. 288.0656, the department may grant
 2987  an extension of up to 10 years.
 2988         Section 29. Section 373.807, Florida Statutes, is created
 2989  to read:
 2990         373.807 Protection of water quality in Outstanding Florida
 2991  Springs.—By July 1, 2015, the department shall initiate
 2992  assessment, pursuant to s. 403.067(3), of each Outstanding
 2993  Florida Spring for which an impairment determination has not
 2994  been made under the numeric nutrient standards in effect for
 2995  spring vents. Assessments must be completed by July 1, 2018.
 2996         (1)(a) Simultaneously with the adoption of a nutrient total
 2997  maximum daily load for an Outstanding Florida Spring, the
 2998  department, or the department in conjunction with a water
 2999  management district, shall initiate development of a basin
 3000  management action plan, as specified in s. 403.067. For an
 3001  Outstanding Florida Spring with a nutrient total maximum daily
 3002  load adopted before July 1, 2015, the department, or the
 3003  department in conjunction with a water management district,
 3004  shall initiate development of a basin management action plan by
 3005  July 1, 2015. During the development of a basin management
 3006  action plan, if the department identifies onsite sewage
 3007  treatment and disposal systems as significant nonpoint sources
 3008  of nutrient pollution which need to be addressed within a local
 3009  government jurisdiction, the department shall notify the local
 3010  government within 30 days. The local government shall develop an
 3011  onsite sewage treatment and disposal system remediation plan
 3012  pursuant to subsection (3) for those systems identified as
 3013  significant nonpoint sources of nutrient pollution for inclusion
 3014  in the basin management action plan.
 3015         (b) A basin management action plan for an Outstanding
 3016  Florida Spring shall be adopted within 3 years after its
 3017  initiation and must include, at a minimum:
 3018         1. A list of all specific projects identified to implement
 3019  a nutrient total maximum daily load;
 3020         2. A list of all specific projects identified in an onsite
 3021  sewage treatment and disposal system remediation plan, if
 3022  applicable;
 3023         3. A priority rank for each listed project;
 3024         4.For each listed project, the estimated cost of and the
 3025  estimated date of completion;
 3026         5. The source and amount of financial assistance to be made
 3027  available by the department, a water management district, or
 3028  other entity for each listed project;
 3029         6.An estimate of each listed project’s nutrient load
 3030  reduction;
 3031         7.Identification of each point source or category of
 3032  nonpoint sources, including, but not limited to, urban turf
 3033  fertilizer, sports turf fertilizer, agricultural fertilizer,
 3034  onsite sewage treatment and disposal systems, wastewater
 3035  treatment facilities, animal wastes, and stormwater facilities.
 3036  An estimated allocation of the pollutant load must be provided
 3037  for each point source or category of nonpoint sources; and
 3038         8. An implementation plan intended to achieve the adopted
 3039  nutrient total maximum daily load no more than 20 years after
 3040  the adoption of a basin management action plan. The plan must
 3041  include measureable interim milestones to be achieved within 5,
 3042  10, and 15 years, respectively, intended to achieve the adopted
 3043  nutrient total maximum daily load.
 3044         (c) For a basin management action plan adopted before July
 3045  1, 2015, which addresses an Outstanding Florida Spring, the
 3046  department or the department in conjunction with a water
 3047  management district must revise the plan pursuant to this
 3048  section by July 1, 2018.
 3049         (d) Upon approval of an onsite sewage treatment and
 3050  disposal system remediation plan by the department, the plan
 3051  shall be deemed incorporated as part of the appropriate basin
 3052  management action plan pursuant to s. 403.067(7) until such time
 3053  as the basin management action plan is revised.
 3054         (e) A local government may apply to the department for an
 3055  extension of up to 5 years for any project in an adopted basin
 3056  management action plan. A local government in a rural area of
 3057  opportunity, as defined in s. 288.0656, may apply for an
 3058  extension of up to 10 years for such a project. The department
 3059  may grant the extension if the local government provides to the
 3060  department sufficient evidence that an extension is in the best
 3061  interest of the public.
 3062         (2) Within 6 months after the delineation of priority focus
 3063  areas of an Outstanding Florida Spring that is fully or
 3064  partially within the jurisdiction of a local government, a local
 3065  government must develop, enact, and implement an ordinance that
 3066  meets or exceeds the requirements of the department’s Model
 3067  Ordinance for Florida-Friendly Fertilizer Use on Urban
 3068  Landscapes. Such ordinance must require that, within a priority
 3069  focus area of an Outstanding Florida Spring with an adopted
 3070  nutrient total maximum daily load, the nitrogen application rate
 3071  of any fertilizer applied to turf or landscape plants may not
 3072  exceed the lowest basic maintenance rate of the most recent
 3073  recommendations by the Institute of Food and Agricultural
 3074  Sciences. The department shall adopt rules to implement this
 3075  subsection which establish reasonable minimum standards and
 3076  reflect advancements or improvements regarding nutrient load
 3077  reductions.
 3078         (3)Notwithstanding ss. 381.0064, 381.0065, 381.00651,
 3079  381.00655, 381.0066, 381.0067 and 381.0068, by July 1, 2017, the
 3080  department, in conjunction with the Department of Health and
 3081  local governments, must identify onsite sewage treatment and
 3082  disposal systems within each priority focus area. Within 60 days
 3083  after the department’s completion of the identification of these
 3084  systems, the department shall provide the location of the
 3085  systems to the local governments in which they are located. If
 3086  notified by the department pursuant to subsection (1), the local
 3087  government, in consultation with the department, shall develop
 3088  an onsite sewage treatment and disposal system remediation plan
 3089  within 12 months after notification by the department. If the
 3090  department determines onsite sewage treatment and disposal
 3091  systems within a priority focus area contribute at least 20
 3092  percent of nonpoint source nutrient pollution, the plan must
 3093  identify which systems require repair, upgrade, replacement,
 3094  drainfield modification, connection to a central sewerage
 3095  system, or no action. The plan must include a priority ranking
 3096  for each system or group of systems that require remediation.
 3097  Each remediation plan must be submitted to the department for
 3098  approval.
 3099         (a) In reviewing and approving the remediation plans, the
 3100  department shall consider, at a minimum:
 3101         1. The density of onsite sewage treatment and disposal
 3102  systems;
 3103         2. The number of onsite sewage treatment and disposal
 3104  systems;
 3105         3. The proximity of the onsite sewage treatment and
 3106  disposal system or systems to an Outstanding Florida Spring;
 3107         4. The estimated nutrient loading of the onsite sewage
 3108  treatment and disposal system or systems; and
 3109         5. The cost of the proposed remedial action.
 3110         (b) Before submitting an onsite sewage treatment and
 3111  disposal system remediation plan to the department, the local
 3112  government shall hold at least one public meeting to provide the
 3113  public an opportunity to comment on the plan. The approval of an
 3114  onsite sewage treatment and disposal system remediation plan by
 3115  the department constitutes a final agency action.
 3116         (c) If a local government does not substantially comply
 3117  with this subsection, it may be ineligible for funding pursuant
 3118  to s. 403.0617.
 3119         (d) With respect to implementation of an onsite sewage
 3120  treatment and disposal system remediation plan, a property owner
 3121  with an onsite sewage treatment and disposal system identified
 3122  as requiring remediation by the plan may not be required to pay
 3123  the cost of a system inspection, a system upgrade, a system
 3124  replacement, a drainfield modification, or any initial
 3125  connection fee for connecting to a sanitary sewer system. This
 3126  paragraph does not apply to local government programs in
 3127  existence before July 1, 2015, which are inconsistent with this
 3128  paragraph.
 3129         (4)The department shall provide notice to a local
 3130  government of all permit applicants under s. 403.814(12) in a
 3131  priority focus area of an Outstanding Florida Spring over which
 3132  the local government has full or partial jurisdiction.
 3133         Section 30. Section 373.811, Florida Statutes, is created
 3134  to read:
 3135         373.811 Prohibited activities within a priority focus
 3136  area.—The following activities are prohibited within a priority
 3137  focus area of an Outstanding Florida Spring:
 3138         (1) New municipal or industrial wastewater disposal
 3139  facilities, including rapid infiltration basins, with permitted
 3140  capacities of 100,000 gallons per day or more, except for those
 3141  facilities that meet an advanced wastewater treatment standard
 3142  of no more than 3 mg/l total nitrogen, expressed as N, on an
 3143  annual permitted basis, or a more stringent treatment standard
 3144  if the department determines the more stringent standard is
 3145  necessary to prevent impairment or aid in the recovery of an
 3146  Outstanding Florida Spring.
 3147         (2) Beginning 6 months after the Department of Health
 3148  approves passive nitrogen removing onsite sewage treatment and
 3149  disposal systems, new onsite sewage treatment and disposal
 3150  systems on lots of less than 1 acre, except for passive nitrogen
 3151  removing onsite sewage treatment and disposal systems.
 3152         (3) New facilities for the disposal of hazardous waste.
 3153         (4) The land application of Class A or Class B domestic
 3154  wastewater biosolids.
 3155         (5) New agriculture operations that do not implement best
 3156  management practices, measures necessary to achieve pollution
 3157  reduction levels established by the department, or groundwater
 3158  monitoring plans approved by a water management district or the
 3159  department.
 3160         Section 31. Section 373.813, Florida Statutes, is created
 3161  to read:
 3162         373.813Rules.—
 3163         (1) The department shall adopt rules to create a program to
 3164  improve water quantity and water quality to administer this
 3165  part, as applicable.
 3166         (2) The Department of Health, the Department of Agriculture
 3167  and Consumer Services, and the water management districts, as
 3168  appropriate, may adopt rules to administer this part, as
 3169  applicable.
 3170         (3)(a)The Department of Agriculture and Consumer Services
 3171  is the lead agency coordinating the reduction of agricultural
 3172  nonpoint sources of pollution for the protection of Outstanding
 3173  Florida Springs. The Department of Agriculture and Consumer
 3174  Services and the department, pursuant to s. 403.067(7)(c)4.,
 3175  shall study new or revised agricultural best management
 3176  practices for improving and protecting Outstanding Florida
 3177  Springs and, if necessary, in cooperation with applicable local
 3178  governments and stakeholders, initiate rulemaking to require the
 3179  implementation of such practices within a reasonable period.
 3180         (b)The department, the Department of Agriculture and
 3181  Consumer Services, and the University of Florida Institute of
 3182  Food and Agricultural Sciences shall cooperate in conducting the
 3183  necessary research and demonstration projects to develop
 3184  improved or additional nutrient management tools, including the
 3185  use of controlled release fertilizer that can be used by
 3186  agricultural producers as part of an agricultural best
 3187  management practices program. The development of such tools must
 3188  reflect a balance between water quality improvement and
 3189  agricultural productivity and, if applicable, must be
 3190  incorporated into the revised agricultural best management
 3191  practices adopted by rule by the Department of Agriculture and
 3192  Consumer Services.
 3193         Section 32. Section 373.815, Florida Statutes, is created
 3194  to read:
 3195         373.815 Reports.—Each July 1, beginning July 1, 2016, the
 3196  department, in conjunction with the water management districts,
 3197  shall submit progress reports to the Governor, the President of
 3198  the Senate, and the Speaker of the House of Representatives on
 3199  the status of each total maximum daily load, basin management
 3200  action plan, minimum flow or minimum water level, and recovery
 3201  or prevention strategy adopted pursuant to this part. The report
 3202  must include the status of each project identified to achieve an
 3203  adopted total maximum daily load or an adopted or interim
 3204  minimum flow or minimum water level, as applicable. If a report
 3205  indicates that any of the interim 5-, 10-, or 15-year
 3206  milestones, or the 20-year goal will not be met, the report must
 3207  include specific corrective actions that will be taken to
 3208  achieve these milestones and goals, and, if necessary, executive
 3209  and legislative recommendations to that end.
 3210         Section 33. Subsections (25) and (29) of section 403.061,
 3211  Florida Statutes, are amended, and subsection (45) is added to
 3212  that section, to read:
 3213         403.061 Department; powers and duties.—The department shall
 3214  have the power and the duty to control and prohibit pollution of
 3215  air and water in accordance with the law and rules adopted and
 3216  promulgated by it and, for this purpose, to:
 3217         (25)(a) Establish and administer a program for the
 3218  restoration and preservation of bodies of water within the
 3219  state. The department shall have the power to acquire lands, to
 3220  cooperate with other applicable state or local agencies to
 3221  enhance existing public access to such bodies of water, and to
 3222  adopt all rules necessary to accomplish this purpose.
 3223         (b) Create a consolidated water resources work plan, in
 3224  consultation with state agencies, water management districts,
 3225  and local governments, which provides a geographic depiction of
 3226  the total inventory of water resources projects currently under
 3227  construction, completed in the previous 5 years, or planned to
 3228  begin construction in the next 5 years. The consolidated work
 3229  plan must include for each project a description of the project,
 3230  the total cost of the project, and identification of the
 3231  governmental entity financing the project. This information
 3232  together with the information provided pursuant to paragraph
 3233  (45)(a) is intended to facilitate the ability of the Florida
 3234  Water Resources Advisory Council, the Legislature, and the
 3235  public to consider the projects contained in the tentative water
 3236  resources work program developed pursuant to s. 403.0616 in
 3237  relation to all projects undertaken within a 10-year period and
 3238  the existing condition of water resources in the project area
 3239  and in the state as a whole. The department may adopt all rules
 3240  necessary to accomplish this purpose.
 3241         (29)(a) Adopt by rule special criteria to protect Class II
 3242  and Class III shellfish harvesting waters. Such rules may
 3243  include special criteria for approving docking facilities that
 3244  have 10 or fewer slips if the construction and operation of such
 3245  facilities will not result in the closure of shellfish waters.
 3246         (b) Adopt by rule a specific surface water classification
 3247  to protect surface waters used for treated potable water supply.
 3248  These designated surface waters shall have the same water
 3249  quality criteria protections as waters designated for fish
 3250  consumption, recreation, and the propagation and maintenance of
 3251  a healthy, well-balanced population of fish and wildlife, and
 3252  shall be free from discharged substances at a concentration
 3253  that, alone or in combination with other discharged substances,
 3254  would require significant alteration of permitted treatment
 3255  processes at the permitted treatment facility or that would
 3256  otherwise prevent compliance with applicable state drinking
 3257  water standards in the treated water. Notwithstanding this
 3258  classification or the inclusion of treated water supply as a
 3259  designated use of a surface water, a surface water used for
 3260  treated potable water supply may be reclassified to the potable
 3261  water supply classification.
 3262         (45)(a) Create and maintain a web-based, interactive map
 3263  that includes, at a minimum:
 3264         1. All watersheds and each water body within those
 3265  watersheds;
 3266         2. The county or counties in which the watershed or water
 3267  body is located;
 3268         3. The water management district or districts in which the
 3269  watershed or water body is located;
 3270         4. Whether a minimum flow or minimum water level has been
 3271  adopted for the water body, and if such minimum flow or minimum
 3272  water level has not been adopted, the anticipated adoption date;
 3273         5. Whether a recovery or prevention strategy has been
 3274  adopted for the watershed or water body and, if such a plan has
 3275  not been adopted, the anticipated adoption date;
 3276         6. The impairment status of each watershed or water body;
 3277         7. Whether a total maximum daily load has been adopted if
 3278  the watershed or water body is listed as impaired and, if such
 3279  total maximum daily load has not been adopted, the anticipated
 3280  adoption date;
 3281         8. Whether a basin management action plan has been adopted
 3282  for the watershed and, if such a plan has not been adopted, the
 3283  anticipated adoption date;
 3284         9. Each project listed on the 5-year water resources work
 3285  program developed pursuant to s. 373.036(7);
 3286         10. The agency or agencies and local sponsor, if any,
 3287  responsible for overseeing the project;
 3288         11. The estimated cost and completion date of each project
 3289  and the financial contribution of each entity;
 3290         12. The quantitative estimated benefit to the watershed or
 3291  water body; and
 3292         13. The water projects completed within the last 5 years
 3293  within the watershed or water body.
 3294         (b) The department and each water management district shall
 3295  prominently display on their respective websites a hyperlink to
 3296  the interactive map required by this subsection.
 3297  
 3298  The department shall implement such programs in conjunction with
 3299  its other powers and duties and shall place special emphasis on
 3300  reducing and eliminating contamination that presents a threat to
 3301  humans, animals or plants, or to the environment.
 3302         Section 34. Section 403.0616, Florida Statutes, is created
 3303  to read:
 3304         403.0616Florida Water Resources Advisory Council.—
 3305         (1) The Florida Water Resources Advisory Council is hereby
 3306  created within the department for the purpose of evaluating
 3307  water resource projects prioritized and submitted by state
 3308  agencies, water management districts, or local governments. The
 3309  council shall evaluate and recommend projects that are eligible
 3310  for state funding as priority projects of statewide, regional,
 3311  or critical local importance under this chapter or chapter 373.
 3312  The council must review and evaluate all water resource projects
 3313  that are prioritized and reported by state agencies or water
 3314  management districts pursuant to s. 373.036(7)(d)3., or by local
 3315  governments, if applicable, in order to provide the Legislature
 3316  with recommendations for projects that improve or restore the
 3317  water resources of this state. The council is also responsible
 3318  for submitting a prioritization of pilot projects that test the
 3319  effectiveness of innovative or existing nutrient reduction or
 3320  water conservation technologies or practices designed to
 3321  minimize nutrient pollution or restore flows in the water bodies
 3322  of the state as provided in s. 403.0617.
 3323         (2) The Florida Water Resources Advisory Council consists
 3324  of five voting members and five ex officio, nonvoting members as
 3325  follows:
 3326         (a) The Secretary of Environmental Protection, who shall
 3327  serve as chair of the council; the Commissioner of Agriculture;
 3328  the executive director of the Fish and Wildlife Conservation
 3329  Commission; one member with expertise in a scientific discipline
 3330  related to water resources, appointed by the President of the
 3331  Senate; and one member with expertise in a scientific discipline
 3332  related to water resources, appointed by the Speaker of the
 3333  House of Representatives, all of whom shall be voting members.
 3334         (b) The executive directors of each of the five water
 3335  management districts, all of whom shall be nonvoting members.
 3336         (3) Members appointed by the President of the Senate and
 3337  Speaker of the House of Representatives shall serve 2-year terms
 3338  but may not serve more than a total of 6 years. The President of
 3339  the Senate and Speaker of the House of Representatives may fill
 3340  a vacancy at any time for an unexpired term of an appointed
 3341  member.
 3342         (4) If a member of the council is disqualified from serving
 3343  because he or she no longer holds the position required to serve
 3344  under this section, the interim head of the agency shall serve
 3345  as the agency representative.
 3346         (5) The two appointed council members shall receive
 3347  reimbursement for expenses and per diem for travel to attend
 3348  council meetings authorized pursuant to s. 112.061 while in the
 3349  performance of their duties.
 3350         (6) The council shall hold periodic meetings at the request
 3351  of the chair but must hold at least two public meetings,
 3352  separately noticed, each year in which the public has the
 3353  opportunity to participate and comment. Unless otherwise
 3354  provided by law, notice for each meeting must be published in a
 3355  newspaper of general circulation in the area where the meeting
 3356  is to be held at least 5 days but no more than 15 days before
 3357  the meeting date.
 3358         (a) By July 15 of each year, the council shall release a
 3359  tentative water resources work program containing legislative
 3360  recommendations for water resource projects. The public has 30
 3361  days to submit comments regarding the tentative program.
 3362         (b) The council shall adopt the tentative work program
 3363  containing its legislative recommendations and submit it to the
 3364  Governor, the President of the Senate, and the Speaker of the
 3365  House of Representatives by August 31 of each year. An
 3366  affirmative vote of three members of the council is required to
 3367  adopt the tentative work program.
 3368         (7) The department shall provide primary staff support to
 3369  the council and shall ensure that council meetings are
 3370  electronically recorded. Such recordings must be preserved
 3371  pursuant to chapters 119 and 257.
 3372         (8) The council shall recommend rules for adoption by the
 3373  department to competitively evaluate, select, and rank projects
 3374  for the tentative water resources work program. The council
 3375  shall develop specific criteria for the evaluation, selection,
 3376  and ranking of projects, including a preference for projects
 3377  that will have a significant, measurable impact on improving
 3378  water quantity or water quality; projects in areas of greatest
 3379  impairment; projects of state or regional significance; projects
 3380  recommended by multiple districts or multiple local governments
 3381  cooperatively; projects with a significant monetary commitment
 3382  by the local project sponsor or sponsors; projects in rural
 3383  areas of opportunity as defined in s. 288.0656; projects that
 3384  may be funded through appropriate loan programs; and projects
 3385  that have significant private contributions of time or money.
 3386         (9) The department, in consultation with the Department of
 3387  Agriculture and Consumer Services, the Fish and Wildlife
 3388  Conservation Commission, and the water management districts,
 3389  shall adopt rules to implement this section.
 3390         Section 35. Section 403.0617, Florida Statutes, is created
 3391  to read:
 3392         403.0617 Innovative nutrient and sediment reduction and
 3393  conservation pilot project program.—
 3394         (1)By December 31, 2015, the department shall adopt rules
 3395  to competitively evaluate and rank projects for selection and
 3396  prioritization by the Water Resources Advisory Council, pursuant
 3397  to s. 403.0616, for submission to the Legislature for funding.
 3398  These pilot projects are intended to test the effectiveness of
 3399  innovative or existing nutrient reduction or water conservation
 3400  technologies or practices designed to minimize nutrient
 3401  pollution or restore flows in the water bodies of the state. The
 3402  department must include in the evaluation criteria a
 3403  determination by the department that the pilot project will not
 3404  be harmful to the ecological resources in the study area.
 3405         (2) In developing these rules, the council shall give
 3406  preference to the projects that will result in the greatest
 3407  improvement to water quality and water quantity for the dollars
 3408  to be expended for the project. At a minimum, the department
 3409  shall consider all of the following:
 3410         (a)The level of nutrient impairment of the waterbody,
 3411  watershed, or water segment in which the project is located.
 3412         (b)The quantity of pollutants, particularly total
 3413  nitrogen, which the project is estimated to remove from a water
 3414  body, watershed, or water segment with an adopted nutrient total
 3415  maximum daily load.
 3416         (c) The potential for the project to provide a cost
 3417  effective solution to pollution caused by onsite sewage
 3418  treatment and disposal systems.
 3419         (d)The flow necessary to restore a water resource to its
 3420  adopted or interim minimum flow or minimum water level.
 3421         (e)The anticipated impact the project will have on
 3422  restoring or increasing water flow or water level.
 3423         (f)The amount of matching funds for the project which will
 3424  be provided by the entities responsible for implementing the
 3425  project.
 3426         (g)Whether the project is located in a rural area of
 3427  opportunity, as defined in s. 288.0656, with preference given to
 3428  the local government responsible for implementing the project.
 3429         (h)For multiple-year projects, whether the project has
 3430  funding sources that are identified and assured through the
 3431  expected completion date of the project.
 3432         (i)The cost of the project and the length of time it will
 3433  take to complete relative to its expected benefits.
 3434         (j)Whether the entities responsible for implementing the
 3435  project have used their own funds for projects to improve water
 3436  quality or conserve water use with preference given to those
 3437  entities that have expended such funds.
 3438         Section 36. Section 403.0623, Florida Statutes, is amended
 3439  to read:
 3440         403.0623 Environmental data; quality assurance.—
 3441         (1) The department must establish, by rule, appropriate
 3442  quality assurance requirements for environmental data submitted
 3443  to the department and the criteria by which environmental data
 3444  may be rejected by the department. The department may adopt and
 3445  enforce rules to establish data quality objectives and specify
 3446  requirements for training of laboratory and field staff, sample
 3447  collection methodology, proficiency testing, and audits of
 3448  laboratory and field sampling activities. Such rules may be in
 3449  addition to any laboratory certification provisions under ss.
 3450  403.0625 and 403.863.
 3451         (2)(a) The department, in coordination with the water
 3452  management districts, shall establish standards for the
 3453  collection of water quantity, water quality, and related data to
 3454  ensure quality, reliability, and validity of the data and
 3455  testing results. The water management districts shall submit
 3456  such data collected after June 30, 2015, to the department for
 3457  analysis. The department shall analyze the data to ensure
 3458  statewide consistency. The department shall maintain a
 3459  centralized database for all testing results and analyses, which
 3460  must be accessible by the water management districts.
 3461         (b) To the extent practicable, the department shall
 3462  coordinate with federal agencies to ensure that its collection
 3463  and analysis of water quality, water quantity, and related data,
 3464  which may be used by any state agency, water management
 3465  district, or local government, is consistent with this
 3466  subsection.
 3467         (c) In order to receive state funds for the acquisition of
 3468  lands or the financing of a water resource project, state
 3469  agencies and water management districts must use the
 3470  department’s testing results and analysis, if available, as a
 3471  prerequisite for any such request for funding.
 3472         (d) The department and the water management districts may
 3473  adopt rules to implement this subsection.
 3474         Section 37. Subsection (21) is added to section 403.861,
 3475  Florida Statutes, to read:
 3476         403.861 Department; powers and duties.—The department shall
 3477  have the power and the duty to carry out the provisions and
 3478  purposes of this act and, for this purpose, to:
 3479         (21)(a) Upon issuance of a construction permit to construct
 3480  a new public water system drinking water treatment facility to
 3481  provide potable water supply using a surface water of the state
 3482  that, at the time of the permit application, is not being used
 3483  as a potable water supply, and the classification of which does
 3484  not include potable water supply as a designated use, the
 3485  department shall add treated potable water supply as a
 3486  designated use of the surface water segment in accordance with
 3487  s. 403.061(29)(b).
 3488         (b) For existing public water system drinking water
 3489  treatment facilities that use a surface water of the state as a
 3490  treated potable water supply, which surface water classification
 3491  does not include potable water as a designated use, the
 3492  department shall add treated potable water supply as a
 3493  designated use of the surface water segment in accordance with
 3494  403.061(29)(b).
 3495         Section 38. This act shall take effect July 1, 2015.