Bill Text: FL S0918 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Resources
Spectrum: Bipartisan Bill
Status: (Failed) 2015-04-29 - Laid on Table [S0918 Detail]
Download: Florida-2015-S0918-Comm_Sub.html
Bill Title: Environmental Resources
Spectrum: Bipartisan Bill
Status: (Failed) 2015-04-29 - Laid on Table [S0918 Detail]
Download: Florida-2015-S0918-Comm_Sub.html
Florida Senate - 2015 CS for SB 918 By the Committee on Environmental Preservation and Conservation; and Senator Dean 592-02829A-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 user’s 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 339or property specified248in 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 at278the following facilities or property:2791. Florida Keys Overseas Heritage Trail.2802. Blackwater Heritage Trail.2813. Tallahassee-St. Marks Historic Railroad State Trail.2824. Nature Coast State Trail.2835. Withlacoochee State Trail.2846. General James A. Van Fleet State Trail.2857. 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 concession330agreement with a not-for-profit entity or private sector331business or entity for commercial sponsorship displays on332multiuse trails and related facilities and use any concession333agreement revenues for the maintenance of the multiuse trails334and related facilities. Commercial sponsorship displays are335subject to the requirements of the Highway Beautification Act of3361965 and all federal laws and agreements, when applicable. For337the purposes of this section, bicycle facilities may be338established as part of or separate from the actual roadway and339may utilize existing road rights-of-way or other rights-of-way340or easements acquired for public use.341(a) A concession agreement shall be administered by the342department and must include the requirements of this section.343(b)1. Signage or displays erected under this section shall344comply with s. 337.407 and chapter 479 and shall be limited as345follows:346a. One large sign or display, not to exceed 16 square feet347in area, may be located at each trailhead or parking area.348b. One small sign or display, not to exceed 4 square feet349in area, may be located at each designated trail public access350point.3512. Before installation, each name or sponsorship display352must be approved by the department.3533. The department shall ensure that the size, color,354materials, construction, and location of all signs are355consistent with the management plan for the property and the356standards of the department, do not intrude on natural and357historic settings, and contain only a logo selected by the358sponsor and the following sponsorship wording:359 360...(Name of the sponsor)...proudly sponsors the costs361of maintaining the ...(Name of the greenway or362trail)....363 3644. All costs of a display, including development,365construction, installation, operation, maintenance, and removal366costs, shall be paid by the concessionaire.367(c) A concession agreement shall be for a minimum of 1368year, but may be for a longer period under a multiyear369agreement, and may be terminated for just cause by the370department upon 60 days’ advance notice. Just cause for371termination of a concession agreement includes, but is not372limited to, violation of the terms of the concession agreement373or this section.374(4)(a) The department may use appropriated funds to support375the establishment of a statewide system of interconnected376multiuse trails and to pay the costs of planning, land377acquisition, design, and construction of such trails and related378facilities. The department shall give funding priority to379projects that:3801. Are identified by the Florida Greenways and Trails381Council as a priority within the Florida Greenways and Trails382System under chapter 260.3832. Support the transportation needs of bicyclists and384pedestrians.3853. Have national, statewide, or regional importance.3864. Facilitate an interconnected system of trails by387completing gaps between existing trails.388(b) A project funded under this subsection shall:3891. Be included in the department’s work program developed390in accordance with s. 339.135.3912. Be operated and maintained by an entity other than the392department upon completion of construction. The department is393not obligated to provide funds for the operation and maintenance394of 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 togovernment 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.615373.042(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 isshall bethe 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 isshall665bethe 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 shallalso680 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 833expeditiouslyimplement 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 withthe849provisions ofthis 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.; and1025 (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 inThis section does not:shall be construed1069to1070 1. Exempt the use of preferred water supply sources from 1071the provisions ofss. 373.016(4) and 373.223(2) and (3);, or be1072construed to1073 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 be1078interpreted toRequire 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) IfIn the event thattwo or more competing 1113 applications qualify equally underthe provisions ofsubsection 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 establishsucha 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, 1177Planand the St. Lucie River Watershed Protection ProgramPlans1178 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 implemented1226pursuant to rules adopted as authorized by this section and ss.1227373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,1228373.451, 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 1231paragraph (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 Programplan developed pursuant to this section and ss. 373.4511236373.459. 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”1242means 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. BeforePrior todetermining 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 ProtectionA protectionProgramfor Lake Okeechobeethat 1295 achieves phosphorus load reductions for Lake Okeechobeeshall be1296immediately 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.Initial1301implementation actions shall be technology-based, based upon a1302consideration of both the availability of appropriate technology1303and the cost of such technology, and shall include phosphorus1304reduction measures at both the source and the regional level.1305The initial phase of phosphorus load reductions shall be based1306upon the district’s Technical Publication 81-2 and the1307district’s WOD program, with subsequent phases of phosphorus1308load reductions based upon the total maximum daily loads1309established 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 Programcontain an1328implementation schedule for subsequent phases of phosphorus load1329reduction consistent with the total maximum daily loads1330established in accordance with s. 403.067. The plan shall 1331 consider and build upon a review and analysis ofthe following: 13321.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).13352.relevant information resulting from the Lake Okeechobee 1336 Basin Management Action PlanWatershed Phosphorus Control1337Program, pursuant to paragraph (b);(c).13383.relevant information resulting from the Lake Okeechobee 1339 Watershed Research and Water Quality Monitoring Program, 1340 pursuant to subparagraph 2.;paragraph (d).13414.relevant information resulting from the Lake Okeechobee 1342 Exotic Species Control Program, pursuant to paragraph (c); and 1343(e).13445.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 February13871, 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 technical1411plan will require legislative ratification pursuant to paragraph1412(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 alsoDevelop 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 PlanWatershed Phosphorous Control Programpursuant 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 5By January 1, 2004, and every 3years 1453 thereafter, the departmentdistrict, 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 1457allLake Okeechobeewatershedtotal 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 andThe evaluation shall beincluded 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 beforeprior to1474 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 1533Watershed 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 beProgram isdesigned 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 1543utilizationof 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 agencies1578shall develop an interagency agreement pursuant to ss. 373.0461579and 373.406(5) that assures the development of best management1580practices that complement existing regulatory programs and1581specifies how those best management practices are implemented1582and verified. The interagency agreement shall address measures1583to be taken by the coordinating agencies during any best1584management practice reevaluation performed pursuant to sub1585subparagraph d. The department shall use best professional1586judgment in making the initial determination of best management1587practice effectiveness.1588 2.a.As provided in s. 403.067s. 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 andorbest 1604 management practices. The Department of Agriculture and Consumer 1605 Services shall adoptfor the purpose of adoption ofsuch 1606 practices by rule. The Department of Agriculture and Consumer 1607 Services shall work with the University of FloridaFlorida’s1608 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 403.067the district’s WOD programby 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 tothe provisions ofs. 403.067(7).The Department of1625Agriculture and Consumer Services, in cooperation with the1626department and the district, shall provide technical and1627financial assistance for implementation of agricultural best1628management 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,the1635Department of Agriculture and Consumer Services, in consultation1636with the other coordinating agencies and affected parties, shall1637institutea reevaluation and revision of the best management 1638 practices shall be conducted pursuant to s. 403.067(7)(c)4.and1639make appropriate changes to the rule adopting best management1640practices.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 develop1648an interagency agreement pursuant to ss. 373.046 and 373.406(5)1649that assures the development of best management practices that1650complement existing regulatory programs and specifies how those1651best management practices are implemented and verified. The1652interagency agreement shall address measures to be taken by the1653department and the district during any best management practice1654reevaluation performed pursuant to sub-subparagraph d.1655 7.a.The department and the district are directed to work 1656 with the University of FloridaFlorida’sInstitute 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. 403.067s. 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 andorbest management practices. The 1670 department or the district shall adopt such practices by rule 1671The district shall adopt technology-based standards under the1672district’s WOD program for nonagricultural nonpoint sources of1673phosphorus.Nothing in this sub-subparagraph shall affect the1674authority of the department or the district to adopt basin1675specific criteria under this part to prevent harm to the water1676resources 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 tothe1682provisions ofs. 403.067(7).The department and district shall1683provide technical and financial assistance for implementation of1684nonagricultural nonpoint source best management practices,1685subject 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,the1693department and the district shall institutea 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 ofSubparagraphs1. and2. and 7. do 1697maynot 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,Subparagraphs1. and2. 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 biosolidsresidualswithin 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 originating1755from these application sites may not exceed the limits1756established in the district’s WOD program. After December 31,17572007,The department may not authorize the disposal of domestic 1758 wastewater biosolidsresidualswithin the Lake Okeechobee 1759 watershed unless the applicant can affirmatively demonstrate 1760 that the phosphorus in the biosolidsresidualswill 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 biosolidsresidualsthat 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 biosolidsresidualsludge 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 biosolidsresidualtreatment 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 usingthe provisions ofthis 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 biosolidsresiduals, including any treatment 1800 technology that helps reduce the volume of biosolidsresiduals1801 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 biosolidsresidualsin 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 17sub-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, phosphorus1829concentrations originating from these application sites may not1830exceed 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. 18469. The district, the department, or the Department of1847Agriculture and Consumer Services, as appropriate, shall1848implement those alternative nutrient reduction technologies1849determined to be feasible pursuant to subparagraph (d)6.1850(d)Lake Okeechobee Watershed Research and Water Quality1851Monitoring Program.—The district, in cooperation with the other1852coordinating agencies, shall establish a Lake Okeechobee1853Watershed Research and Water Quality Monitoring Program that1854builds upon the district’s existing Lake Okeechobee research1855program. The program shall:18561. Evaluate all available existing water quality data1857concerning total phosphorus in the Lake Okeechobee watershed,1858develop a water quality baseline to represent existing1859conditions for total phosphorus, monitor long-term ecological1860changes, including water quality for total phosphorus, and1861measure compliance with water quality standards for total1862phosphorus, including any applicable total maximum daily load1863for the Lake Okeechobee watershed as established pursuant to s.1864403.067. Every 3 years, the district shall reevaluate water1865quality and quantity data to ensure that the appropriate1866projects are being designated and implemented to meet the water1867quality and storage goals of the plan. The district shall also1868implement a total phosphorus monitoring program at appropriate1869structures owned or operated by the South Florida Water1870Management District and within the Lake Okeechobee watershed.18712. Develop a Lake Okeechobee water quality model that1872reasonably represents phosphorus dynamics of the lake and1873incorporates an uncertainty analysis associated with model1874predictions.18753. Determine the relative contribution of phosphorus from1876all identifiable sources and all primary and secondary land1877uses.18784. Conduct an assessment of the sources of phosphorus from1879the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their1880relative contribution to the water quality of Lake Okeechobee.1881The results of this assessment shall be used by the coordinating1882agencies to develop interim measures, best management practices,1883or regulation, as applicable.18845. Assess current water management practices within the1885Lake Okeechobee watershed and develop recommendations for1886structural and operational improvements. Such recommendations1887shall balance water supply, flood control, estuarine salinity,1888maintenance of a healthy lake littoral zone, and water quality1889considerations.18906. Evaluate the feasibility of alternative nutrient1891reduction technologies, including sediment traps, canal and1892ditch maintenance, fish production or other aquaculture,1893bioenergy conversion processes, and algal or other biological1894treatment technologies.18957. Conduct an assessment of the water volumes and timing1896from the Lake Okeechobee watershed and their relative1897contribution to the water level changes in Lake Okeechobee and1898to 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 ofcomplete aLake Okeechobee internal phosphorus 1908 load removal projectsfeasibility study. The evaluation 1909feasibility studyshall be based on technical feasibility, as 1910 well as economic considerations, and shall consideraddressall 1911 reasonable methods of phosphorus removal. If projectsmethods1912 are found to be feasible, the district shall immediately pursue 1913 the design, funding, and permitting for implementing such 1914 projectsmethods. 1915 (e)(g)Lake Okeechobee Watershed Protection ProgramPlan1916 implementation.—The coordinating agencies shall be jointly 1917 responsible for implementing the Lake Okeechobee Watershed 1918 Protection ProgramPlan, 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 agencies1939shall submit the Phase II technical plan developed pursuant to1940paragraph (b) to the President of the Senate and the Speaker of1941the House of Representatives prior to the 2008 legislative1942session for review. If the Legislature takes no action on the1943plan during the 2008 legislative session, the plan is deemed1944approved 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 programplanshall 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.—No1969later 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, andcontain an1977implementation schedule for pollutant load reductions consistent1978with any adopted total maximum daily loads and compliance with1979applicable state water quality standards. The plan shallinclude 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 PlansPollutant 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 beis2024 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 useutilizationof 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. 403.067paragraph (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 PlansPollutant Control Programshall 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 2075residualswithin the Caloosahatchee River watershed unless the 2076 applicant can affirmatively demonstrate that the nutrients in 2077 the biosolidsresidualswill 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 biosolidsresidualsthat 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 originating2091from these application sites may not exceed the limits2092established in the district’s WOD program.2093 7.g.The Department of Agriculture and Consumer Services 2094 shall requireinitiate rulemaking requiringentities 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. 21073. Caloosahatchee River Watershed Research and Water2108Quality Monitoring Program.—The district, in cooperation with2109the other coordinating agencies and local governments, shall2110establish a Caloosahatchee River Watershed Research and Water2111Quality Monitoring Program that builds upon the district’s2112existing research program and that is sufficient to carry out,2113comply with, or assess the plans, programs, and other2114responsibilities created by this subsection. The program shall2115also conduct an assessment of the water volumes and timing from2116the Lake Okeechobee and Caloosahatchee River watersheds and2117their relative contributions to the timing and volume of water2118delivered to the estuary.2119 (c)(b)St. Lucie River Watershed Protection Plan.—No later2120than 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 2127contain an implementation schedule for pollutant load reductions2128consistent with any adopted total maximum daily loads and2129compliance with applicable state water quality standards. The2130plan shallinclude 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 PlansPollutant 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 beisdesigned 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 useutilizationof 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 useutilizationof 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. 403.067paragraph (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 PlansPollutant Control Programshall 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 2220residualswithin the St. Lucie River watershed unless the 2221 applicant can affirmatively demonstrate that the nutrients in 2222 the biosolidsresidualswill 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 biosolidsresidualsthat 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. 2236By July 1, 2008, nutrient concentrations originating from these2237application sites may not exceed the limits established in the2238district’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. 22533. St. Lucie River Watershed Research and Water Quality2254Monitoring Program.—The district, in cooperation with the other2255coordinating agencies and local governments, shall establish a2256St. Lucie River Watershed Research and Water Quality Monitoring2257Program that builds upon the district’s existing research2258program and that is sufficient to carry out, comply with, or2259assess the plans, programs, and other responsibilities created2260by this subsection. The program shall also conduct an assessment2261of the water volumes and timing from the Lake Okeechobee and St.2262Lucie River watersheds and their relative contributions to the2263timing 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.—BeginningByMarch 1, 20202012, and 2278 every 53years 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 2284Plans.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 ProgramsPlans. 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 agencies2296shall submit the River Watershed Protection Plans developed2297pursuant to paragraphs (a) and (b) to the President of the2298Senate and the Speaker of the House of Representatives prior to2299the 2009 legislative session for review. If the Legislature2300takes no action on the plan during the 2009 legislative session,2301the 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 than2307December 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 403.067s. 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 that2343implement the provisions of the legislatively ratified plans2344shall be initiated by the department no later than September 302345of the year in which the applicable plan is ratified. Where a2346total maximum daily load has not been established at the time of2347plan ratification, development of basin management action plans2348shall be initiated no later than 90 days following adoption of2349the 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 inconsistent withthe 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.NoAdditional 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 beforeprior tofinal 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 plans2397set forth in Department Consent Orders 91-0694, 91-0707, 9123980706, 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 tothe2402provisions ofs. 373.4592(4)(a) do not require a permit under 2403 this section and shall be governed by permits issued underapply2404for a permit from the department to operate and maintain such2405structures. By September 1, 2000, owners or operators of all2406other existing structures which discharge into or from Lake2407Okeechobee shall apply for a permit from the department to2408operate and maintain such structures. The department shall issue2409one or more such permits for a term of 5 years upon the2410demonstration of reasonable assurance that schedules and2411strategies to achieve and maintain compliance with water quality2412standards have been provided for, to the maximum extent2413practicable, and that operation of the structures otherwise2414complies with provisions ofss. 373.413 and 373.416 and the Lake 2415 Okeechobee Basin Management Action Plan adopted pursuant to s. 2416 403.067. 24171. Permits issued under this paragraph shall also contain2418reasonable conditions to ensure that discharges of waters2419through structures:2420a. Are adequately and accurately monitored;2421b. Will not degrade existing Lake Okeechobee water quality2422and will result in an overall reduction of phosphorus input into2423Lake Okeechobee, as set forth in the district’s Technical2424Publication 81-2 and the total maximum daily load established in2425accordance with s. 403.067, to the maximum extent practicable;2426and2427c. Do not pose a serious danger to public health, safety,2428or welfare.2429 2. For the purposes of this paragraph, owners and operators 2430 of existing structures which are subject tothe provisions ofs. 2431 373.4592(4)(a) and which discharge into or from Lake Okeechobee 2432 shall be deemed in compliance with this paragraphthe term2433“maximum extent practicable”if they are in full compliance with 2434 the conditions of permits under chapterchapters 40E-61 and40E 2435 63, Florida Administrative Code. 2436 3.By January 1, 2004,The district shall obtain from 2437submit tothe 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 toachieve state water quality2442standards, including the total maximum daily load established in2443accordance withs. 403.067.These changes shall be designed to2444achieve such compliance with state water quality standards no2445later 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 Projectfacilities. However, projectsidentified in2449sub-subparagraph (3)(b)1.b.that qualify as exempt pursuant to 2450 s. 373.406 doshallnot requireneedpermits 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 shallfacility, based2455upon the conceptual design documents and any subsequent detailed2456design documents developed by the district, willachieve 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 beforeprior tothe 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 underpursuant tothis 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, includingandalternative water supply 2517 development,componentsof 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 programandmust identify 2528 projects in the work program which will provide water; explain 2529 how each water resource,and water supply, and alternative water2530supply developmentproject will produce additional water 2531 available for consumptive uses; estimate the quantity of water 2532 to be produced by each project;andprovide 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 ensureprovidingsufficient water is available 2536neededto 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;or2617 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 stateThe statewidefunds 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 projectsselected for inclusion in the Water Protection2653and 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 FloridaFlorida’sBureau 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 costsofand 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 373.801 Legislative 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 373.813 Rules.— 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) Adopt by rule a specific surface water classification 3224 to protect surface waters used for treated potable water supply. 3225 These designated surface waters shall have the same water 3226 quality criteria protections as waters designated for fish 3227 consumption, recreation, and the propagation and maintenance of 3228 a healthy, well-balanced population of fish and wildlife, and 3229 shall be free from discharged substances at a concentration 3230 that, alone or in combination with other discharged substances, 3231 would require significant alteration of permitted treatment 3232 processes at the permitted treatment facility or that would 3233 otherwise prevent compliance with applicable state drinking 3234 water standards in the treated water. Notwithstanding this 3235 classification or the inclusion of treated water supply as a 3236 designated use of a surface water, a surface water used for 3237 treated potable water supply may be reclassified to the potable 3238 water supply classification. 3239 (29)(a) Adopt by rule special criteria to protect Class II 3240 and Class III shellfish harvesting waters. Such rules may 3241 include special criteria for approving docking facilities that 3242 have 10 or fewer slips if the construction and operation of such 3243 facilities will not result in the closure of shellfish waters. 3244 (b) Adopt by rule a specific surface water classification 3245 to protect surface waters used for treated potable water supply. 3246 These designated surface waters shall have the same water 3247 quality criteria protections as waters designated for fish 3248 consumption, recreation, and the propagation and maintenance of 3249 a healthy, well-balanced population of fish and wildlife, and 3250 shall be free from discharged substances at a concentration 3251 that, alone or in combination with other discharged substances, 3252 would require significant alteration of permitted treatment 3253 processes at the permitted treatment facility or that would 3254 otherwise prevent compliance with applicable state drinking 3255 water standards in the treated water. Notwithstanding this 3256 classification, a surface water used for treated potable water 3257 supply may be reclassified as waters designated for potable 3258 water supply. 3259 (45)(a) Create and maintain a web-based, interactive map 3260 that includes, at a minimum: 3261 1. All watersheds and each water body within those 3262 watersheds; 3263 2. The county or counties in which the watershed or water 3264 body is located; 3265 3. The water management district or districts in which the 3266 watershed or water body is located; 3267 4. Whether a minimum flow or minimum water level has been 3268 adopted for the water body, and if such minimum flow or minimum 3269 water level has not been adopted, the anticipated adoption date; 3270 5. Whether a recovery or prevention strategy has been 3271 adopted for the watershed or water body and, if such a plan has 3272 not been adopted, the anticipated adoption date; 3273 6. The impairment status of each watershed or water body; 3274 7. Whether a total maximum daily load has been adopted if 3275 the watershed or water body is listed as impaired and, if such 3276 total maximum daily load has not been adopted, the anticipated 3277 adoption date; 3278 8. Whether a basin management action plan has been adopted 3279 for the watershed and, if such a plan has not been adopted, the 3280 anticipated adoption date; 3281 9. Each project listed on the 5-year water resources work 3282 program developed pursuant to s. 373.036(7); 3283 10. The agency or agencies and local sponsor, if any, 3284 responsible for overseeing the project; 3285 11. The estimated cost and completion date of each project 3286 and the financial contribution of each entity; 3287 12. The quantitative estimated benefit to the watershed or 3288 water body; and 3289 13. The water projects completed within the last 5 years 3290 within the watershed or water body. 3291 (b) The department and each water management district shall 3292 prominently display on their respective websites a hyperlink to 3293 the interactive map required by this subsection. 3294 3295 The department shall implement such programs in conjunction with 3296 its other powers and duties and shall place special emphasis on 3297 reducing and eliminating contamination that presents a threat to 3298 humans, animals or plants, or to the environment. 3299 Section 34. Section 403.0616, Florida Statutes, is created 3300 to read: 3301 403.0616 Florida Water Resources Advisory Council.— 3302 (1) The Florida Water Resources Advisory Council is hereby 3303 created within the department for the purpose of evaluating 3304 water resource projects prioritized and submitted by state 3305 agencies, water management districts, or local governments. The 3306 council shall evaluate and recommend projects that are eligible 3307 for state funding as priority projects of statewide, regional, 3308 or critical local importance under this chapter or chapter 373. 3309 The council must review and evaluate all water resource projects 3310 that are prioritized and reported by state agencies or water 3311 management districts pursuant to s. 373.036(7)(d)3., or by local 3312 governments, if applicable, in order to provide the Legislature 3313 with recommendations for projects that improve or restore the 3314 water resources of this state. The council is also responsible 3315 for submitting a prioritization of pilot projects that test the 3316 effectiveness of innovative or existing nutrient reduction or 3317 water conservation technologies or practices designed to 3318 minimize nutrient pollution or restore flows in the water bodies 3319 of the state as provided in s. 403.0617. 3320 (2) The Florida Water Resources Advisory Council consists 3321 of five voting members and five ex officio, nonvoting members as 3322 follows: 3323 (a) The Secretary of Environmental Protection, who shall 3324 serve as chair of the council; the Commissioner of Agriculture; 3325 the executive director of the Fish and Wildlife Conservation 3326 Commission; one member with expertise in a scientific discipline 3327 related to water resources, appointed by the President of the 3328 Senate; and one member with expertise in a scientific discipline 3329 related to water resources, appointed by the Speaker of the 3330 House of Representatives, all of whom shall be voting members. 3331 (b) The executive directors of each of the five water 3332 management districts, all of whom shall be nonvoting members. 3333 (3) Members appointed by the President of the Senate and 3334 Speaker of the House of Representatives shall serve 2-year terms 3335 but may not serve more than a total of 6 years. The President of 3336 the Senate and Speaker of the House of Representatives may fill 3337 a vacancy at any time for an unexpired term of an appointed 3338 member. 3339 (4) If a member of the council is disqualified from serving 3340 because he or she no longer holds the position required to serve 3341 under this section, the interim head of the agency shall serve 3342 as the agency representative. 3343 (5) The two appointed council members shall receive 3344 reimbursement for expenses and per diem for travel to attend 3345 council meetings authorized pursuant to s. 112.061 while in the 3346 performance of their duties. 3347 (6) The council shall hold periodic meetings at the request 3348 of the chair but must hold at least two public meetings, 3349 separately noticed, each year in which the public has the 3350 opportunity to participate and comment. Unless otherwise 3351 provided by law, notice for each meeting must be published in a 3352 newspaper of general circulation in the area where the meeting 3353 is to be held at least 5 days but no more than 15 days before 3354 the meeting date. 3355 (a) By July 15 of each year, the council shall release a 3356 tentative water resources work program containing legislative 3357 recommendations for water resource projects. The public has 30 3358 days to submit comments regarding the tentative program. 3359 (b) The council shall adopt the tentative work program 3360 containing its legislative recommendations and submit it to the 3361 Governor, the President of the Senate, and the Speaker of the 3362 House of Representatives by August 31 of each year. An 3363 affirmative vote of three members of the council is required to 3364 adopt the tentative work program. 3365 (7) The department shall provide primary staff support to 3366 the council and shall ensure that council meetings are 3367 electronically recorded. Such recordings must be preserved 3368 pursuant to chapters 119 and 257. 3369 (8) The council shall recommend rules for adoption by the 3370 department to competitively evaluate, select, and rank projects 3371 for the tentative water resources work program. The council 3372 shall develop specific criteria for the evaluation, selection, 3373 and ranking of projects, including a preference for projects 3374 that will have a significant, measurable impact on improving 3375 water quantity or water quality; projects in areas of greatest 3376 impairment; projects of state or regional significance; projects 3377 recommended by multiple districts or multiple local governments 3378 cooperatively; projects with a significant monetary commitment 3379 by the local project sponsor or sponsors; projects in rural 3380 areas of opportunity as defined in s. 288.0656; projects that 3381 may be funded through appropriate loan programs; and projects 3382 that have significant private contributions of time or money. 3383 (9) The department, in consultation with the Department of 3384 Agriculture and Consumer Services, the Fish and Wildlife 3385 Conservation Commission, and the water management districts, 3386 shall adopt rules to implement this section. 3387 Section 35. Section 403.0617, Florida Statutes, is created 3388 to read: 3389 403.0617 Innovative nutrient and sediment reduction and 3390 conservation pilot project program.— 3391 (1) By December 31, 2015, the department shall adopt rules 3392 to competitively evaluate and rank projects for selection and 3393 prioritization by the Water Resources Advisory Council, pursuant 3394 to s. 403.0616, for submission to the Legislature for funding. 3395 These pilot projects are intended to test the effectiveness of 3396 innovative or existing nutrient reduction or water conservation 3397 technologies or practices designed to minimize nutrient 3398 pollution or restore flows in the water bodies of the state. The 3399 department must include in the evaluation criteria a 3400 determination by the department that the pilot project will not 3401 be harmful to the ecological resources in the study area. 3402 (2) In developing these rules, the council shall give 3403 preference to the projects that will result in the greatest 3404 improvement to water quality and water quantity for the dollars 3405 to be expended for the project. At a minimum, the department 3406 shall consider all of the following: 3407 (a) The level of nutrient impairment of the waterbody, 3408 watershed, or water segment in which the project is located. 3409 (b) The quantity of pollutants, particularly total 3410 nitrogen, which the project is estimated to remove from a water 3411 body, watershed, or water segment with an adopted nutrient total 3412 maximum daily load. 3413 (c) The potential for the project to provide a cost 3414 effective solution to pollution caused by onsite sewage 3415 treatment and disposal systems. 3416 (d) The flow necessary to restore a water resource to its 3417 adopted or interim minimum flow or minimum water level. 3418 (e) The anticipated impact the project will have on 3419 restoring or increasing water flow or water level. 3420 (f) The amount of matching funds for the project which will 3421 be provided by the entities responsible for implementing the 3422 project. 3423 (g) Whether the project is located in a rural area of 3424 opportunity, as defined in s. 288.0656, with preference given to 3425 the local government responsible for implementing the project. 3426 (h) For multiple-year projects, whether the project has 3427 funding sources that are identified and assured through the 3428 expected completion date of the project. 3429 (i) The cost of the project and the length of time it will 3430 take to complete relative to its expected benefits. 3431 (j) Whether the entities responsible for implementing the 3432 project have used their own funds for projects to improve water 3433 quality or conserve water use with preference given to those 3434 entities that have expended such funds. 3435 Section 36. Section 403.0623, Florida Statutes, is amended 3436 to read: 3437 403.0623 Environmental data; quality assurance.— 3438 (1) The department must establish, by rule, appropriate 3439 quality assurance requirements for environmental data submitted 3440 to the department and the criteria by which environmental data 3441 may be rejected by the department. The department may adopt and 3442 enforce rules to establish data quality objectives and specify 3443 requirements for training of laboratory and field staff, sample 3444 collection methodology, proficiency testing, and audits of 3445 laboratory and field sampling activities. Such rules may be in 3446 addition to any laboratory certification provisions under ss. 3447 403.0625 and 403.863. 3448 (2)(a) The department, in coordination with the water 3449 management districts, shall establish standards for the 3450 collection of water quantity, water quality, and related data to 3451 ensure quality, reliability, and validity of the data and 3452 testing results. The water management districts shall submit 3453 such data collected after June 30, 2015, to the department for 3454 analysis. The department shall analyze the data to ensure 3455 statewide consistency. The department shall maintain a 3456 centralized database for all testing results and analyses, which 3457 must be accessible by the water management districts. 3458 (b) To the extent practicable, the department shall 3459 coordinate with federal agencies to ensure that its collection 3460 and analysis of water quality, water quantity, and related data, 3461 which may be used by any state agency, water management 3462 district, or local government, is consistent with this 3463 subsection. 3464 (c) In order to receive state funds for the acquisition of 3465 lands or the financing of a water resource project, state 3466 agencies and water management districts must use the 3467 department’s testing results and analysis, if available, as a 3468 prerequisite for any such request for funding. 3469 (d) The department and the water management districts may 3470 adopt rules to implement this subsection. 3471 Section 37. Subsection (21) is added to section 403.861, 3472 Florida Statutes, to read: 3473 403.861 Department; powers and duties.—The department shall 3474 have the power and the duty to carry out the provisions and 3475 purposes of this act and, for this purpose, to: 3476 (21)(a) Upon issuance of a construction permit to construct 3477 a new public water system drinking water treatment facility to 3478 provide potable water supply using a surface water of the state 3479 that, at the time of the permit application, is not being used 3480 as a potable water supply, and the classification of which does 3481 not include potable water supply as a designated use, the 3482 department shall add treated potable water supply as a 3483 designated use of the surface water segment in accordance with 3484 s. 403.061(29)(b). 3485 (b) For existing public water system drinking water 3486 treatment facilities that use a surface water of the state as a 3487 treated potable water supply, which surface water classification 3488 does not include potable water as a designated use, the 3489 department shall add treated potable water supply as a 3490 designated use of the surface water segment in accordance with 3491 403.061(29)(b). 3492 Section 38. This act shall take effect July 1, 2015.