Marjorie Stoneman Douglas Act

Fla. Stat. § 373.4592 (1991)

Marjory Stoneman Douglas Act:

373.4592 Everglades improvement and management

(1) Findings and Intent | (2) Definitions | (3) Adoption of SWIM Plan | (4) Acquisition of lands | (5) Stormwater funding; dedicated funds for stormwater management | (6) Permits | (7) | (8) Applicability of laws and water quality standards; authority of district and department | (9) Annual reports

Modifications to Florida Statutes

253.01 Internal Improvement Trust Fund established | 253.111 Notice to board of county commissioners before sale | 253.115 Public notice and hearings | 373.584 Revenue bonds | 259.101 Florida Preservation 2000 Act

Marjory Stoneman Douglas Everglades
Protection Act

1991 Regular Session

Chapter 91-80

CS/CS/CS/HBs 2157 & 1871

AN ACT relating to water resources; providing a short title; creating s. 373.4592, F.S.; providing findings and intent; providing definitions; providing for the adoption of an Everglades Surface Water Improvement and Management Plan by the South Florida Water Management District; providing limited eminent domain authority to the district; authorizing certain exchange of land; providing the district with alternative funding mechanisms, including the creation of stormwater utilities and stormwater management system benefit areas; providing procedures and requirements for the levy and collection of stormwater utility fees and stormwater assessments; providing for the issuance of interim permits to the district; authorizing the district to issue a master permit within an area served by certain structures; providing for the applicability of certain standards and laws; providing for annual reports; amending ss. 253.01, F.S.; providing for deposit and use of proceeds from the sale of lands in the Everglades Agricultural Area; amending ss. 253.111 and 253.115, F.S.; providing an exemption from certain notice and hearing requirements for the conveyance of certain lands; amending s. 373.584, F.S.; providing definitions; providing additional purposes for which revenue bonds may be issued by water management districts; specifying revenues that may be pledged for such bonds and providing requirements with respect thereto; providing that the power of districts to issue revenue bonds is coextensive with the power of municipalities to issue bonds; amending s. 259.101, F.S.; authorizing funds available to water management districts under the Florida Preservation 2000 Act to be used for acquisition of lands needed for implementing surface water improvement and management plans; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1.This act may be cited as the "Marjory Stoneman Douglas Everglades Protection Act."

Section 2.Section 373.4592, Florida Statutes, is created to read:

373.4592 Everglades improvement and management

(1) FINDINGS AND INTENT.--

(a) The Legislature finds that the Everglades ecological system not only contributes to South Florida's water supply, flood control, and recreation, but serves as the habitat for diverse species of wildlife and plant life. The system is unique in the world and one of Florida's great treasures.

(b) The Legislature further recognizes the efforts of the South Florida Water Management District to implement a comprehensive plan pursuant to the Surface Water Improvement and Management Act which will provide strategies, programs, and projects for the restoration and protection of water quality in the Everglades. The Legislature does not intend by this section to limit the authority of the district in the implementation of such plan.

(c) It is the intent of the Legislature to facilitate the surface water improvement and management process, to assist the district and the Department of Environmental Regulation in the performance of their duties and responsibilities, and to provide funding mechanisms which will contribute to the implementation of the strategies incorporated in the Everglades Surface Water Improvement and Management Plan or contribute to projects or facilities determined necessary to meet water quality requirements established by rulemaking or permit proceedings.

(2) DEFINITIONS.- As used in this section:

(a) "District" means the South Florida Water Management District.

(b) "Everglades Agricultural Area" shall have the meaning set forth in the Everglades Surface Water Improvement and Management Plan or interim permit issued pursuant to subsection (6).

(c) "Everglades Protection Area" means water Conservation Areas 1, 2A, 2B, 3A, and 3B, the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and the Everglades National Park.

(d) "Master permit" means a single permit issued to a legally responsible entity defined by rule authorizing the construction, alteration, maintenance, or operation of multiple stormwater management systems which may be owned or operated by different persons and which provides an opportunity to achieve collective compliance with applicable department and district rules and the provisions of this section.

(e) "Plan" shall, except as otherwise indicated, refer to the Everglades Surface Water Improvement and Management Plan adopted by the South Florida Water Management District, as amended from time to time.

(f) "Stormwater management program" shall have the meaning set forth in s. 403.031(14).

(g) "Stormwater utility" shall have the meaning set forth in s. 403.031(16).

(3) ADOPTION OF SWIM PLAN.--

(a) The district shall adopt the Everglades Surface Water Improvement and Management Plan pursuant to the Provisions of ss. 373.451-373.456. In addition to the criteria contained in s. 373.453, the plan shall include:

1. Strategies for developing programs and projects designed to bring facilities into compliance with applicable water quality standards and restore the Everglades hydroperiod, including the identification and acquisition of lands for the purpose of water treatment or implementation of stormwater management systems, the development of funding mechanisms, and the development of a permitting system for discharges into waters managed by the district.

2. Specific goals for stormwater management systems funded pursuant to subsection (5) and a periodic evaluation process to determine whether such goals are being achieved.

3. Strategies for establishing monitoring protocols to ensure the accuracy of data.

4. Strategies for establishing research programs to measure program and project effectiveness.

(b) The plan shall not be reviewable as a rule under s. 120.54 or s. 120.56. However, the final agency action of the governing board of the district under s. 373.456(4) or (5)(b) shall constitute an order of the district subject to review as provided in s. 373.456(5)(b). The order shall also be subject to the provisions of s. 120.57. If a provision of the plan is to be implemented through permits for which there is no existing rule requirement, the district shall engage in rulemaking procedures pursuant to chapter 120 for the adoption of the requirement. To the extent feasible, any review proceeding under chapter 373 or any administrative proceeding under s. 120.57, with respect to a challenge to the plan, shall be expedited and shall be consolidated with any pending review proceedings relating to an interim permit issued pursuant to subsection (6).

(c) This section shall not be construed to prohibit the district prior to approval of the plan from pursuing interim permits pursuant to subsection (6) or from engaging in restoration or protection measures, including the acquisition, construction, or operation of the Everglades Nutrient Removal Project or the project referred to as Water Management Area 3, as identified in the September 28, 1990, draft of the Everglades Surface Water Improvement and Management Plan. The department may release funds under ss. 373.451-373.456 for such projects.

(4) Acquisition of lands.--

(a) The Legislature declares that it is necessary for the public health and welfare that the Everglades water and water-related resources be conserved and protected. The Legislature further declares that certain lands may be needed for the treatment or storage of water prior to its release into the Everglades Protection Area. The acquisition of real property for this objective constitutes a public purpose for which public funds may be expended. In addition to other authority pursuant to this chapter to acquire real property, the governing board of the district is empowered and authorized to acquire fee title or easements by eminent domain for the limited purpose of implementing stormwater management systems, identified and described in the plan or determined necessary to meet water quality requirements established by rule permit.

(b) In addition to the acquisition of lands by eminent domain pursuant to paragraph (a), the Board of Trustees of the Internal Improvement Trust Fund and the district may enter into cooperative agreements with property owners within a stormwater management system area to provide for the exchange of property subject to condemnation under paragraph (a) for state-owned property which the owner or an affiliate of such owner leases from the board of trustees or other agency of the state and which was used for agricultural production on January 1, 1991. Any such agreement shall include the following:

1. The landowner shall acquire property covered by the lease by paying any deficiency in cash or be transferring other private lands which the district or any other agency of the state has sought to acquire, or by a combination of land transfer and cash payment.

2. The exchange shall be made on the basis of appraisals performed in a manner consistent with the provisions of s. 253.025(71).

3. Title to any land conveyed to the Board of Trustees of the Internal Improvement Trust Fund as a result of such an exchange shall be conveyed to the South Florida Water Management District, upon payment of the appraised value there of by the district to the board of trustees.

(5) Stormwater funding;

dedicated funds for stormwater management.-- In addition to any other funding mechanism legally available to the district to plan, acquire, construct, finance, operate, or maintain stormwater management systems, the district may:

(a) Create one or more stormwater utilities within or without the Everglades Agricultural Area and adopt stormwater utility fees not to exceed an amount sufficient to plan, acquire, construct, finance, operate, and maintain stormwater management systems where such utilities and systems are identified and described in the plan or permits issued pursuant to subsection (6). If adopted, stormwater utility fees shall be charged to property owners in the district based on the relative contribution of each property owner to the need for stormwater management systems and programs. The district may establish stormwater utility fees adopted pursuant to this paragraph in accordance with the procedures set forth in s. 120.54, and may enforce the payment of such fees through actions or proceedings in any court of competent jurisdiction for unpaid deposits and charges, or through the imposition of liens upon real property for which utility fees are charged and unpaid.

(b) Establish and set aside, as a continuing source of revenue, other funds sufficient to plan, acquire, construct, finance, operate, and maintain stormwater management systems identified and described in the plan or permits issued pursuant to subsection (6). Such funds may include contributions from the Everglades Ag-ricultural Area Environmental Protection District, created pursuant to chapter 89-423, Laws of Florida, as amended. The district shall apply any such contributions as a credit against any fee imposed pursuant to paragraph (a) or assessment levied pursuant to paragraph (c).

(c) Create, alone or in cooperation with counties, municipalities, and special districts pursuant to s. 163.01, the Florida Interlocal Cooperation Act of 1969, one or more stormwater management system benefit areas within the Everglades Agricultural Area or any other area of the district identified and described in the plan or permits issued pursuant to subsection (6). The district may levy upon property owners within said benefit areas a per acreage assessment to fund the planning, acquisition, construction, financing, operation, maintenance, and administration of stormwater management systems for the benefited areas. Any benefit area in which property owners receive substantially different levels of stormwater management system benefits shall include stormwater management system benefit subareas within which different per acreage assessments shall be levied from subarea to subarea based upon a reasonable relationship to beriefit received. The assessments shall be calculated to generate sufficient funds to plan, acquire, construct, finance, operate, and maintain the stormwater management systems identified and described in the plan or permits issued pursuant to subsection (6). The district may use the non-ad valorem levy, collection, and enforcement method as provided in chapter 19-1 for assessments levied pursuant to this paragraph. The district shall publish notice of the certification of the non-ad valorem assessment roll pursuant to chapter 19-4 in a newspaper of general circulation in the counties wherein the assessment is being levied, within 1 week after the district certifies the non-ad valorem assessment roll to the tax collector pursuant to s. 197.3632(5). The assessments so levied shall be final and conclusive as to each lot or parcel unless the owner thereof shall, within 90 days of certification of the non-ad valorem assessment roll pursuant to s. 197.3632(5), commence an action in circuit court. Absent such commencement of an action within such period of time by an owner of a lot or parcel, such owner shall thereafter be estopped to raise any question related to the special benefit afforded the property or the reasonableness of the amount of the assessment. Except with respect to an owner who has commenced such an action, the non-ad valorem assessment roll as finally adopted and certified by the South Florida Water Management District to the tax collector pursuant to s. 197.3632(5) shall be competent and sufficient evidence that the assessments were duly levied and that all other proceedings adequate to the adoption of the non-ad valorem assessment roll were duly held, taken, and performed as required by s. 197.3632. If any assessment is abated in whole or in part by the court, the amount by which the assessment is so reduced may, by resolution of the governing board of the district, be payable from funds of the district legally available for that purpose, or at the discretion of the governing board of the district, assessments may be increased in the manner provided in s. 197.3632.

(d) In no event shall the amount of funds collected for stormwater management facilities pursuant to paragraphs (a) or (c) or any combination thereof exceed the cost of providing water management attributable to water quality treatment resulting from the operation of stormwater management systems of the landowners to be charged. Such water quality treatment may be required by the plan or permits issued pursuant to subsection (6). Prior to the imposition of fees or assessments pursuant to paragraphs (a) or (c) for construction of new stormwater management systems or the acquisition of necessary land, the district shall establish the general purpose, design, and function of the new system sufficient to make a fair and reasonable determination of the estimated costs of water management attributable to water quality treatment resulting from operation of stormwater management systems of the landowners to be charged. This determination shall establish the proportion of the total anticipated costs attributable to the landowners. In determining the costs to be imposed by fees or assessments, the district shall consider the extent to which nutrients originate from external sources beyond the control of the landowners to be charged. Costs for hydroperiod restoration within the Everglades Protection Area shall be provided by funds other than those authorized by this paragraphs (a) or (c). The proportion of total anticipated costs attributable to the landowners shall be apportioned to individual landowners considering the factors specified in paragraph (e). Any determination made pursuant to this paragraph or paragraph (e) may be included in the plan or permits issued pursuant to subsection (6).

(e) In determining the amount of any fee or assessment imposed on an individual landowner to be charged under paragraph (a) or (c), the district shall consider the quality and quantity of the stormwater discharged by the landowner, the amount of treatment provided to the landowner, and whether the landowner has provided equivalent treatment or retention prior to discharge to the district's system.

(f) No fee or assessment shall be imposed under paragraphs (a) or (c) for the operation or maintenance of a stormwater management system or facility for which construction has been completed on or before July 1, 1991, except to the extent that the operation or maintenance, or any modification of such system or facility, is required to provide water quality treatment.

(g) The district shall suspend, terminate, or modify projects and funding for such projects, as appropriate, if the projects are not achieving applicable goals specified in the plan.

(h)The Legislature hereby determines that any property owner who contributes to the need for stormwater management systems and programs, as determined for each individual property owner either through the plan or through permits issued to the district pursuant to subsection (6) or to the property owner, is deemed to benefit from such systems and programs, and such benefits are deemed to be directly proportional to the relative contribution of the property owner to such need. The Legislature also determines that the issuance of a master permi t provides benefits, through the opportunity to achieve collective compliance , for all persons within the area of the master permit which may be considered by the district in the imposition of fees or assessments under this section.

(6) Permits --

The department and the district shall develop a permitting program consistent with the plan, if adopted. Pursuant to such program:

(a) The district shall apply to the department by October 1, 1991, for 5-year interim permits for the construction, operation, and maintenance of stormwater management systems for district structures discharging into or within the Everglades Protection Area. In addition to the requirements of ss. 373.413 and the applications shall include the following:

1. To the extent information is available, recommended ambient concentration levels and discharge limitations for phosphorus appropriate to achieve and maintain compliance with applicable state water quality standards.

2. Proposed interim concentration levels designed to achieve such compliance to the maximum extent practicable.

3. Strategies for achieving and maintaining compliance with such interim concentration levels, including the acquisition of lands and the construction and operation of facilities for the purpose of water treatment, the development of funding mechanisms, and the development of a regulatory program to improve the quality of water entering the stormwater management systems. Such regulatory program shall include the identi 1cation of structures or systems requiring permits or modifications of existing permits and the development, where appropriate, of a master permit for a specified area, such as the Everglades Agricultural Area.

4. Appropriate schedules to carry out such strategies.

5. A monitoring program to ensure the accuracy of data and measure progress toward achieving interim concentration levels and applicable water quality standards.

(b) The department shall issue such interim permits to the district upon the district's demonstration of reasonable assurance that such permits will achieve compliance with interim concentration levels to the maximum extent practicable and otherwise comply with the provisions of ss. 373.413 and 373.416. The district shall also apply for an interim permit or for the modification of an existing permit, as provided in paragraph (a), for any new structure or for any modification of an existing structure subsequent to October 1, 1991.

(c) Permits issued pursuant to para aph (b) shall be consistent with the plan, if adopted. Applications fo; Modifications necessary to maintain consistency with the plan shall be filed within 90 days of the adoption of any change to the plan necessitating such modifications.

(d) At least 60 days prior to expiration of any interim permit issued pursuant to paragraph (b), the district may apply for a renewal thereof for a period of 5 years for the purpose of achievement and maintenance of applicable water quality standards.

(e) Nothing in this subsection shall relieve any person from the need to obtain any permit required by the department or the district pursuant to any other provision of law.

(7) --

The district shall publish notice of rulemaking pursuant to chapter 120 by October 1, 1991, allowing for a master permit or permits authorizing discharges from landowners within that area served by structures identified as S-5A, S-6, S-7, S-8, and S-150. For discharges within this area, the district shall not initiate any proceedings to require new permits or permit modifications for nutrient limitations prior to the adoption of the master permit rule by the governing board of the district or prior to April 1, 1992, whichever first occurs. The district's rules shall also establish conditions or requirements allowing for a single master permit for the Everglades Agricultural Area including those structures and water releases subject to Rule 40E-61, Florida Administrative Code. No later than the adoption of rules allowing for a single master permit, the department and the district shall provide appropriate procedures for incorporating into a master permit separate permits issued by the department under chapter 373. The district's rules authorizing master permits for the Everglades Agricultural Area shall provide requirements consistent with the Everglades Surface Water Improvement and Management Plan and with interim or other permits issued by the department to the district. Such a master permit shall not preclude the requirement that individual permits be obtained for persons within the master permit area for activities not authorized by or not in compliance with, the master permit. Nothing in this subsection shall limit the authority of the department or district to enforce existing permit requirements or existing rules, to require permits for new structures, or to develop rules for master permits for other areas. To the greatest extent possible the department shall delegate to the district any authority necessary to implement this subsection which is not already delegated.

(8) Applicability of laws and water quality standards; authority of district
and department.-

(a) Nothing in this section shall be construed to limit, detract from, or compromise the application or implementation of the Surface Water Improvement and Management Act, ss. 373.451 - 373.4595. This section shall be construed, in all respects, to enhance and strengthen the provisions of the act as applied to the Everglades Protection Area. As provided in ss. 373.451 - 373.4595, the plan shall include recommendations and schedules for bringing all pollution sources into compliance with state water quality standards. This section does not, nor shall the plan, authorize any existing or future violation of any applicable statute, rule, or permit requirement, nor diminish the authority of the department or the district.

(b) Except to the extent authorized in subsection (6), nothing in this section shall be construed as altering any currently applicable state water quality standards in the areas impacted by this section.

(c) The provisions of this section shall not be construed to limit or restrict the authority granted the district and the department pursuant to this chapter or chapter 403 to control, regulate, permit, construct, or operate a stormwater management system, or to plan, design, or implement a surface water improvement and management plan, and the provisions of this section shall be deemed to be supplemental to the authority granted pursuant to this chapter and chapter 403.

(9) Annual reports.--

Beginning January 1, 1992, the district shall submit to the department, the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate annual progress reports regarding implementation of the plan.

[The following are modifications to Florida Statutes. Additions are indicated by underlining deletions by strikeout.]

Section 3. Paragraph (c) is added to subsection (1) of section 253.01, Florida Statutes, to read:

253.01 Internal Improvement Trust Fund established

(1)

(c) Notwithstanding the provisions of s. 253.034, proceeds from the sale of state-owned lands located in the Everglades Agricultural Area shall be deposited into the Internal Improvement Trust Fund. The principal amount derived from such sales shall be held in escrow and invested in the manner described in s. 215.49. The interest earnings derived from such investments shall be used for purposes authorized in this section

Section 4. Subsection (6) of section 253.111, Florida Statutes, is amended to read:

253.111 Notice to board of county. commissioners before sale

The Board of Trustees of the Internal Improvement Trust Fund of the state may not sell any land to which they hold title unless and until they afford an opportunity to the county in which such land is situated to receive such land on the following terms and conditions:

(6) The provisions of this section do not apply to:

(a) any land exchange approved by the board;or

(b) Lands conveyed pursuant to the provisions of s. 373.4592(4)(b).

Section 5. Paragraphs (f) and (g) of subsection (4) of section 253.115, Florida Statutes, are amended, and paragraph (h) is added to said subsection, to read:

253.115 Public notice and hearings

(4) This sectiondoes not apply to:

(f) The conversion of existing marina licenses to sovereignty land leases; or

(g) Sovereignty land leases for existing structures built on or after March 27, 1982, if all required federal, state, or local permits have been obtained; or

(h) The conveyance of lands pursuant to the provisions of s. 373.4592(4)(b).

Section 6. Subsections (1) and (2) of section 373.584, Florida Statutes, are amended, and subsection (4) is added to said section, to read:

373.584 Revenue bonds

(1) In addition to issuing general obligation bonds as provided in s. 373.563, districts may also, from time to time, issue revenue bonds to finance the undertaking of any capital or other project for the purposes permitted by the State Constitution, to pay the costs and expenses incurred in carrying out the purposes of this chapter, or to refund revenue bonds of the district issued pursuant to this section. In anticipation of the sale of such revenue bonds, the district may issue negotiable bond anticipation notes and may renew the same from time to time; but the maximum maturity of any such note, including renewals thereof, shall not exceed 5 years from the date of issue of the original note. Such notes shall be paid from the revenues hereinafter provided or from the proceeds of sale of the revenue bonds of such district in anticipation of which they were issued. The notes shall be issued in the same manner as the revenue bond.

(2) The revenue bonds and notes shall be payable solely out of Revenues derived by the district from the Water Management Lands Trust Fund as provided in s. 373.59 or any other revenues of the district may be pledged to the payment of such revenue bonds: however, the ad valorem taxing powers of the district may not be pledged to the payment of such revenue bonds without prior compliance with the requirement of the State Constitution as to the affirmative vote of the electors of the district and with the requirements of s. 373.563, and bonds payable from the Water Management Lands Trust Fund shall be issued solely for the purposes set forth in s. 373.59. Revenue bonds and notes shall be, and shall be deemed to be, for all purposes, negotiable instruments, subject only to the provisions of the revenue bonds and notes for registration. The powers and authority of districts to issue revenue bonds, including, but not limited to, bonds to finance a stormwater management system as deTined by s. 373.403, and to enter into contracts incidental thereto, and to do all things necessary and desirable in connection with the issuance of revenue bonds, shall be coextensive with the powers and authority of municipalities to issue bonds under state law. The provisions of this section constitute full and complete authority for the issuance of revenue bonds and shall be liberally construed to effectuate its purpose.

(4) As used in this section:

(a) "Bonds" means bonds, debentures, notes, certificates of indebtedness, certificates of participation, mortgage certificates, or other obligations or evidences of indebtedness of any type or character.

(b) "Project" means a governmental undertaking approved by the governing body of a water management district and includes all property rights, easements, and franchises relating thereto aand deemed necessary or convenient for the construction, acquisition, or operation thereof, and embraces any capital expenditure which the governing body of a water purpose, including the refunding of any bonded indebtedness which may be outstanding on any existing project.

(c) "Revenue bonds" means bonds of a water management district to the payment of which the full fath and credit and power to levy ad valorem taxes are not pledged.

Section 7. Paragraph (b) of subsection (3) of section 259.101, Florida Statutes, is amended to read:

259.101 Florida Preservation 2000 Act

(3) Land acquisition programs supplemented. -- Less the costs of issuance, the costs of funding reserve accounts, and other costs with respect to the bonds, the proceeds of bonds issued pursuant to this act shall be deposited into the Florida Preservation 2000 Trust Fund created by s. 375.045. No bonds shall be issued in fiscal year 1990-1991 pursuant to this act unless there is specific authorization for the issuance of such bonds in the act implementing the 1990-1991 General Appropriations Act. The proceeds of any bonds deposited into the Preservation 2000 Trust Fund shall be distributed by the Department of Natural Resources in the following manner:

(b) Thirty percent to the Department of Environmental Regulation for the purchase of water management lands pursuant to s. 373.59, to be distributed among the water management districts as provided in that section. Funds received by each district may also be used for acquisition of lands necessary to implement surface water improvement and management plans approved in accordance with s. 373.456 or s. 373.4592. Section 8. This act shall take effect July 1, 1991.

Approved by the Governor May 17, 1991.
Filed in Office Secretary of State May 17, 1991.

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