APPENDIX B 

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 04-21448-CIV-GOLD 

(and consolidated cases) 

MICCOSUKEE TRIBE OF INDIANS 

OF FLORIDA, a federally-recognized 

Indian Tribe; and FRIENDS OF THE 

EVERGLADES, 

 Plaintiffs, 

v. 

UNITED STATES OF AMERICA, et al., 

 Defendants. 

_________________________________/ 

INDICATIVE ORDER TO BE ENTERED FOLLOWING REMAND

Upon consideration of Defendants’ Rule 60(b) Motion for Modification of 

Injunction [ECF No. 446] and the responses thereto, oral argument presented at the 

hearing held on December 17, 2010, and the EPA’s submission of January 14, 2011 

and the responses thereto, the EPA’s Rule 60(b) Motion is GRANTED. The Court’s 

April 14, 2010 Order [ECF No. 404] is hereby modified as follows: 

1. Finding of Fact 4 [ECF No. 404, p. 3] is revised as follows: 

4. To protect the Everglades from further significant environmental degradation, it is 

essential that discharges into, and within, the Everglades Protection Area not exceed 

more than result in an exceedance of the phosphorus water quality standard of 10 parts 

per billion ("ppb"). In federal Clean Water Act terms, the 10 ppb standard is referred to 

as a “WQBELs” are the water quality based effluent limitation (“WQBEL”)s necessary 

for discharges not to cause a violation of the 10 ppb water quality standard. See note 5, 

infra. The STAs currently do not meet this vital standard. At best, the State of Florida 

and EPA anticipate that, in 2016, the STAs may be operating with technology based 

effluent limitations ("TBELs”), which provide significantly less protection. 

2. The following paragraphs of the injunctive relief [ECF No. 404, pp. 44-47] 

are revised as follows: 

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3. The EPA, in its Amended Determination, shall direct the State of Florida to 

conform all NPDES permits for STAs 1, 2, 3, 4, 5 and 6 – along with the accompanying 

Administrative Orders and Everglades Forever Act permits listed in Attachment A to 

this Order – to the Clean Water Act, the Summary Judgment Order and this Order so as 

to eliminate all references to the non-conforming elements of the Long-Term Plan, the 

moderating provisions and the extended compliance schedule through 2016, and to 

require compliance with the phosphorus narrative and numeric criterion in a manner 

consistent with the Clean Water Act and the forthcoming Amended Determination. All 

such permits shall be conformed not later than sixty (60) days of the date of the 

Amended Determination and shall be promptly filed with this Court. 

4. On remand, the EPA, in its Amended Determination, shall immediately initiate and 

carry out its authority under Section IX of the Memorandum of Understanding to 

withdraw approval of the State program pertaining to the issuance of any new NPDES 

permits for discharges into, or within, the Everglades Protection Area, or for any further 

modifications to existing NPDES permits (including through State of Florida 

Administrative Orders) – other than to carry out the requirements of Paragraph 3, above 

– until such time as the State of Florida is in full compliance with the Clean Water Act, 

its implementing regulations, the Summary Judgment Order, this Order, and the 

forthcoming Amended EPA Determination.

5. Other than to carry out the requirements of Paragraph 3, above, the FDEP is 

enjoined from issuing any new NPDES permits, or modifications to existing NPDES 

permits - through State of Florida Administrative Orders, Everglades Forever Act 

permits or otherwise – for STAs that discharge into, or within, the Everglades Protection 

Area until such time as the State of Florida is found by the EPA and this Court to be in

full compliance with the Clean Water Act, its implementing regulations, the Summary 

Judgment Order, and this Order. All new Administrative Orders and Everglades Forever 

Act permits Any new or revised NPDES permits and their associated administrative 

orders issued under the laws of the State of Florida must conform to, and comply with, 

the Clean Water Act, its implementing regulations, the Summary Judgment Order, and 

this Order and the forthcoming Amended EPA Determination., and must follow the

procedures set forth in the Memorandum of Agreement between FDEP and EPA.

3. Attachments B and C are replaced with Attachments 1 and 2 hereto. 

DONE AND ORDERED in Chambers at Miami, Florida, this _______ day of 

______________, 201__. 

________________________________

 THE HONORABLE ALAN S. GOLD 

 UNITED STATES DISTRICT JUDGE 

cc: U.S. Magistrate Judge Jonathan Goodman 

Counsel of record 

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Attachment 1 – Revisions to Amended Everglades Forever Act 

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. The Everglades ecological system is endangered as a result of adverse changes in 

water quality, and in the quantity, distribution, and timing of flows, and, therefore, must be 

restored and protected.

(b) The Legislature finds that, although the district and the department have developed plans 

and programs for the improvement and management of the surface waters tributary to the 

Everglades Protection Area, implementation of those plans and programs has not been as 

timely as is necessary to restore and protect unique flora and fauna of the Everglades, including 

the Everglades National Park and the Arthur R. Marshall Loxahatchee National Wildlife Refuge. 

Therefore, the Legislature determines that an appropriate method to proceed with Everglades 

restoration and protection is to authorize the district to proceed expeditiously with 

implementation of the Everglades Program.

(c) The Legislature finds that, in the last decade, people have come to realize the tremendous 

cost the alteration of natural systems has exacted on the region. The Statement of Principles of 

July 1993 among the Federal Government, the South Florida Water Management District, the

Department of Environmental Protection, and certain agricultural industry representatives 

formed a basis to bring to a close 5 years of costly litigation. That agreement should be used to 

begin the cleanup and renewal of the Everglades ecosystem.

(d) It is the intent of the Legislature to promote Everglades restoration and protection through 

certain legislative findings and determinations. The Legislature finds that waters flowing into the 

Everglades Protection Area contain excessive levels of phosphorus. A reduction in levels of 

phosphorus will benefit the ecology of the Everglades Protection Area.

(e) It is the intent of the Legislature to pursue comprehensive and innovative solutions to issues 

of water quality, water quantity, hydroperiod, and invasion of exotic species which face the 

Everglades ecosystem. The Legislature recognizes that the Everglades ecosystem must be 

restored both in terms of water quality and water quantity and must be preserved and protected 

in a manner that is long term and comprehensive. The Legislature further recognizes that the 

EAA and adjacent areas provide a base for an agricultural industry, which in turn provides 

important products, jobs, and income regionally and nationally. It is the intent of the Legislature 

to preserve natural values in the Everglades while also maintaining the quality of life for all 

residents of South Florida, including those in agriculture, and to minimize the impact on South 

Florida jobs, including agricultural, tourism, and natural resource-related jobs, all of which 

contribute to a robust regional economy.

(f) The Legislature finds that improved water supply and hydroperiod management are crucial 

elements to overall revitalization of the Everglades ecosystem, including Florida Bay. It is the 

intent of the Legislature to expedite plans and programs for improving water quantity reaching 

the Everglades, correcting long-standing hydroperiod problems, increasing the total quantity of 

water flowing through the system, providing water supply for the Everglades National Park, 

urban and agricultural areas, and Florida Bay, and replacing water previously available from the 

coastal ridge in areas of southern Dade County. Whenever possible, wasteful discharges of 

fresh water to tide shall be reduced, and the water shall be stored for delivery at more optimum 

times. Additionally, reuse and conservation measures shall be implemented consistent with law. 

The Legislature further recognizes that additional water storage may be an appropriate use of 

Lake Okeechobee.

(g) The Legislature finds that the Statement of Principles of July 1993, the Everglades 

Construction Project, and the regulatory requirements of this section provide a sound basis for 

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the state's long-term cleanup and restoration objectives for the Everglades. It is the intent of the 

Legislature to provide a sufficient period of time for construction, testing, and research, so that 

the benefits of the Everglades Construction Project will be determined and maximized prior to 

requiring additional measures. The Legislature finds that STAs and BMPs are currently the best 

available technology for achieving the interim water quality goals of the Everglades Program. A 

combined program of agricultural BMPs, STAs, and requirements of this section is a reasonable 

method of achieving interim total phosphorus discharge reductions. The Everglades Program is 

an appropriate foundation on which to build a long-term program to ultimately achieve 

restoration and protection of the Everglades Protection Area.

(h) The Everglades Construction Project represents by far the largest environmental cleanup 

and restoration program of this type ever undertaken, and the returns from substantial public 

and private investment must be maximized so that available resources are managed 

responsibly. To that end, the Legislature directs that the Everglades Construction Project and 

regulatory requirements associated with the Statement of Principles of July 1993 be pursued 

expeditiously, but with flexibility, so that superior technology may be utilized when available. 

Consistent with the implementation of the Everglades Construction Project, landowners shall be 

provided the maximum opportunity to provide treatment on their land.

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

(a) "Best available phosphorus reduction technology" or "BAPRT" means a combination of 

BMPs and STAs which includes a continuing research and monitoring program to reduce 

outflow concentrations of phosphorus so as to achieve the phosphorus criterion in the 

Everglades Protection Area.

(b) "Best management practice" or "BMP" means a practice or combination of practices 

determined by the district, in cooperation with the department, based on research, field-testing, 

and expert review, to be the most effective and practicable, including economic and 

technological considerations, on-farm means of improving water quality in agricultural 

discharges to a level that balances water quality improvements and agricultural productivity.

(c) "C-139 Basin" or "Basin" means those lands described in subsection (16).

(d) "Department" means the Florida Department of Environmental Protection.

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

(f) "Everglades Agricultural Area" or "EAA" means the Everglades Agricultural Area, which are 

those lands described in subsection (15).

(g) “Everglades Construction Project" means the project described in the February 15, 1994, 

conceptual design document together with construction and operation schedules on file with the 

South Florida Water Management District, except as modified by this section and further 

described in the Long-Term Plan.

(h) "Everglades Program" means the program of projects, regulations, and research provided 

by this section, including the Everglades Construction Project.

(i) "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.

(j) "Long-Term Plan" or "Plan" means the district's "Everglades Protection Area Tributary 

Basins Conceptual Plan for Achieving Long-Term Water Quality Goals Final Report" dated 

March 2003, as modified herein."

(k) “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 that 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.

(l) "Optimization" shall mean maximizing the potential treatment effectiveness of the STAs 

through measures such as additional compartmentalization, improved flow control, vegetation 

management, or operation refinements, in combination with improvements where practicable in 

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urban and agricultural BMPs, and includes integration with Congressionally authorized 

components of the Comprehensive Everglades Restoration Plan or "CERP".

(m) "Phosphorus criterion" means a numeric interpretation for phosphorus of the Class III 

narrative nutrient criterion.

(n) "Stormwater management program" shall have the meaning set forth in s. 403.031(15).

(o) "Stormwater treatment areas" or "STAs" means those treatment areas described and 

depicted in the district's conceptual design document of February 15, 1994, and any 

modifications as provided in this section.

(p) "Technology-based effluent limitation" or "TBEL" means the technology-based treatment 

requirements as defined in Rule 62-650.200, Florida Administrative Code.

(3) EVERGLADES LONG TERM PHOSPHORUS CONTROL PLAN.—

(a)The Legislature finds that the Everglades Program required by this section establishes more 

extensive and comprehensive requirements for surface water improvement and management 

within the Everglades than the SWIM plan requirements provided in ss. 373.451-373.456. In 

order to avoid duplicative requirements, and in order to conserve the resources available to the 

district, the SWIM plan requirements of those sections shall not apply to the Everglades 

Protection Area and the EAA during the term of the Everglades Program, and the district will 

neither propose, nor take final agency action on, any Everglades SWIM plan for those areas 

until the Everglades Program is fully implemented. Funds under s. 259.101(3)(b) may be used 

for acquisition of lands necessary to implement the Everglades Construction Project, to the 

extent these funds are identified in the Statement of Principles of July 1993. The district's 

actions in implementing the Everglades Construction Project relating to the responsibilities of 

the EAA and C-139 Basin for funding and water quality compliance in the EAA and the 

Everglades Protection Area shall be governed by this section. Other strategies or activities in 

the March 1992 Everglades SWIM plan may be implemented if otherwise authorized by law.

(b) The Legislature finds that the most reliable means of optimizing the performance of STAs 

and achieving reasonable further progress in reducing phosphorus entering the Everglades 

Protection Area is to utilize a long-term planning process. The Legislature finds that the LongTerm Plan provides the best available phosphorus reduction technology based upon a 

combination of the BMPs and STAs described in the Plan provided that the Plan shall seek to 

achieve the phosphorus criterion in the Everglades Protection Area. The pre-2006 projects 

identified in the Long-Term Plan shall be implemented by the district without delay, and revised 

with the planning goal and objective of achieving the phosphorus criterion to be adopted 

pursuant to subparagraph (4)(e)2. in the Everglades Protection Area, and not based on any 

planning goal or objective in the Plan that is inconsistent with this section. Revisions to the 

Long-Term Plan shall be incorporated through an adaptive management approach including a 

process development and engineering component to identify and implement incremental 

optimization measures for further phosphorus reductions. Revisions to the Long-Term Plan 

shall be approved by the department. In addition, the department may propose changes to the 

Long-Term Plan as science and environmental conditions warrant.

(c) It is the intent of the Legislature that implementation of the Long-Term Plan shall be 

integrated and consistent with the implementation of the projects and activities in the 

Congressionally authorized components of the CERP so that unnecessary and duplicative costs 

will be avoided. Nothing in this section shall modify any existing cost share or responsibility 

provided for projects listed in s. 528 of the Water Resources Development Act of 1996 (110 

Stat. 3769) or provided for projects listed in section 601 of the Water Resources Development 

Act of 2000 (114 Stat. 2572). The Legislature does not intend for the provisions of this section to 

diminish commitments made by the State of Florida to restore and maintain water quality in the 

Everglades Protection Area, including the federal lands in the settlement agreement referenced 

in paragraph (4)(e). 

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(d) The Legislature recognizes that the Long-Term Plan contains an initial phase and a 10-year 

second phase. The Legislature intends that a review of this act at least 10 years after 

implementation of the initial phase is appropriate and necessary to the public interest. The 

review is the best way to ensure that the Everglades Protection Area is achieving state water 

quality standards, including phosphorus reduction, and the Long-Term Plan is using the best 

technology available. A 10-year second phase of the Long-Term Plan must be approved by the 

Legislature and codified in this act prior to implementation of projects, but not prior to 

development, review, and approval of projects by the department.

(e) The Long-Term Plan shall be implemented for a initial 13-year phase (2003-2016) and shall 

achieve water quality standards relating to the phosphorus criterion in the Everglades Protection 

Area as determined by a network of monitoring stations established for this purpose. Not later 

than December 31, 2008, and each 5 years thereafter, the department shall review and approve 

incremental phosphorus reduction measures.

(4) EVERGLADES PROGRAM.—

(a) Everglades Construction Project.—The district shall implement the Everglades Construction 

Project. By the time of completion of the project, the state, district, or other governmental 

authority shall purchase the inholdings in the Rotenberger and such other lands necessary to 

achieve a 2:1 mitigation ratio for the use of Brown's Farm and other similar lands, including 

those needed for the STA 1 Inflow and Distribution Works. The inclusion of public lands as part 

of the project is for the purpose of treating waters not coming from the EAA for hydroperiod 

restoration. It is the intent of the Legislature that the district aggressively pursue the 

implementation of the Everglades Construction Project in accordance with the schedule in this 

subsection. The Legislature recognizes that adherence to the schedule is dependent upon 

factors beyond the control of the district, including the timely receipt of funds from all 

contributors. The district shall take all reasonable measures to complete timely performance of 

the schedule in this section in order to finish the Everglades Construction Project. The district 

shall not delay implementation of the project beyond the time delay caused by those 

circumstances and conditions that prevent timely performance. The district shall not levy ad 

valorem taxes in excess of 0.1 mill within the Okeechobee Basin for the purposes of the design, 

construction, and acquisition of the Everglades Construction Project. The ad valorem tax 

proceeds not exceeding 0.1 mill levied within the Okeechobee Basin for such purposes shall 

also be used for design, construction, and implementation of the initial phase of the Long-Term 

Plan, including operation and maintenance, and research for the projects and strategies in the 

initial phase of the Long-Term Plan, and including the enhancements and operation and 

maintenance of the Everglades Construction Project and shall be the sole direct district 

contribution from district ad valorem taxes appropriated or expended for the design, 

construction, and acquisition of the Everglades Construction Project unless the Legislature by 

specific amendment to this section increases the 0.1 mill ad valorem tax contribution, increases 

the agricultural privilege taxes, or otherwise reallocates the relative contribution by ad valorem 

taxpayers and taxpayers paying the agricultural privilege taxes toward the funding of the design, 

construction, and acquisition of the Everglades Construction Project. Notwithstanding the 

provisions of s. 200.069 to the contrary, any millage levied under the 0.1 mill limitation in this 

paragraph shall be included as a separate entry on the Notice of Proposed Property Taxes 

pursuant to s. 200.069. Once the STAs are completed, the district shall allow these areas to be 

used by the public for recreational purposes in the manner set forth in s. 373.1391(1), 

considering the suitability of these lands for such uses. These lands shall be made available for 

recreational use unless the district governing board can demonstrate that such uses are 

incompatible with the restoration goals of the Everglades Construction Project or the water 

quality and hydrological purposes of the STAs or would otherwise adversely impact the 

implementation of the project. The district shall give preferential consideration to the hiring of 

agricultural workers displaced as a result of the Everglades Construction Project, consistent with 

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their qualifications and abilities, for the construction and operation of these STAs. The following 

milestones apply to the completion of the Everglades Construction Project as depicted in the 

February 15, 1994, conceptual design document:

1. The district must complete the final design of the STA 1 East and West and pursue STA 1 

East project components as part of a cost-shared program with the Federal Government. The 

district must be the local sponsor of the federal project that will include STA 1 East, and STA 1 

West if so authorized by federal law;

2. Construction of STA 1 East is to be completed under the direction of the United States Army 

Corps of Engineers in conjunction with the currently authorized C-51 flood control project;

3. The district must complete construction of STA 1 West and STA 1 Inflow and Distribution 

Works under the direction of the United States Army Corps of Engineers, if the direction is 

authorized under federal law, in conjunction with the currently authorized C-51 flood control 

project;

4. The district must complete construction of STA 3/4 by October 1, 2003; however, the district 

may modify this schedule to incorporate and accelerate enhancements to STA 3/4 as directed in 

the Long-Term Plan;

5. The district must complete construction of STA 6;

6. The district must, by December 31, 2006, complete construction of enhancements to the 

Everglades Construction Project recommended in the Long-Term Plan and initiate other pre2006 strategies in the plan; and 

67. East Beach Water Control District, South Shore Drainage District, South Florida 

Conservancy District, East Shore Water Control District, and the lessee of agricultural lease 

number 3420 shall complete any system modifications described in the Everglades Construction 

Project to the extent that funds are available from the Everglades Fund. These entities shall 

divert the discharges described within the Everglades Construction Project within 60 days of 

completion of construction of the appropriate STA. Such required modifications shall be deemed 

to be a part of each district's plan of reclamation pursuant to chapter 298.

(b) Everglades water supply and hydroperiod improvement and restoration.—

1. A comprehensive program to revitalize the Everglades shall include programs and projects to 

improve the water quantity reaching the Everglades Protection Area at optimum times and 

improve hydroperiod deficiencies in the Everglades ecosystem. To the greatest extent possible, 

wasteful discharges of fresh water to tide shall be reduced, and water conservation practices 

and reuse measures shall be implemented by water users, consistent with law. Water supply 

management must include improvement of water quantity reaching the Everglades, correction of 

long-standing hydroperiod problems, and an increase in the total quantity of water flowing 

through the system. Water supply management must provide water supply for the Everglades 

National Park, the urban and agricultural areas, and the Florida Bay and must replace water 

previously available from the coastal ridge areas of southern Dade County. The Everglades 

Construction Project redirects some water currently lost to tide. It is an important first step in 

completing hydroperiod improvement.

2. The district shall operate the Everglades Construction Project as specified in the February 

15, 1994, conceptual design document, to provide additional inflows to the Everglades 

Protection Area. The increased flow from the project shall be directed to the Everglades 

Protection Area as needed to achieve an average annual increase of 28 percent compared to 

the baseline years of 1979 to 1988. Consistent with the design of the Everglades Construction 

Project and without demonstratively reducing water quality benefits, the regulatory releases will 

be timed and distributed to the Everglades Protection Area to maximize environmental benefits.

3. The district shall operate the Everglades Construction Project in accordance with the 

February 15, 1994, conceptual design document to maximize the water quantity benefits and 

improve the hydroperiod of the Everglades Protection Area. All reductions of flow to the 

Everglades Protection Area from BMP implementation will be replaced. The district shall 

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develop a model to be used for quantifying the amount of water to be replaced. The timing and 

distribution of this replaced water will be directed to the Everglades Protection Area to maximize 

the natural balance of the Everglades Protection Area.

4. The Legislature recognizes the complexity of the Everglades watershed, as well as legal 

mandates under Florida and federal law. As local sponsor of the Central and Southern Florida 

Flood Control Project, the district must coordinate its water supply and hydroperiod programs 

with the Federal Government. Federal planning, research, operating guidelines, and restrictions 

for the Central and Southern Florida Flood Control Project now under review by federal 

agencies will provide important components of the district's Everglades Program. The 

department and district shall use their best efforts to seek the amendment of the authorized 

purposes of the project to include water quality protection, hydroperiod restoration, and 

environmental enhancement as authorized purposes of the Central and Southern Florida Flood 

Control Project, in addition to the existing purposes of water supply, flood protection, and allied 

purposes. Further, the department and the district shall use their best efforts to request that the 

Federal Government include in the evaluation of the regulation schedule for Lake Okeechobee 

a review of the regulatory releases, so as to facilitate releases of water into the Everglades 

Protection Area which further improve hydroperiod restoration.

5. The district, through cooperation with the federal and state agencies, shall develop other 

programs and methods to increase the water flow and improve the hydroperiod of the 

Everglades Protection Area.

6. Nothing in this section is intended to provide an allocation or reservation of water or to 

modify the provisions of part II. All decisions regarding allocations and reservations of water 

shall be governed by applicable law.

7. The district shall proceed to expeditiously implement the minimum flows and levels for the 

Everglades Protection Area as required by s. 373.042 and shall expeditiously complete the 

Lower East Coast Water Supply Plan.

(c) STA 3/4 modification.—The Everglades Program will contribute to the restoration of the 

Rotenberger and Holey Land tracts. The Everglades Construction Project provides a first step 

toward restoration by improving hydroperiod with treated water for the Rotenberger tract and by 

providing a source of treated water for the Holey Land. It is further the intent of the Legislature 

that the easternmost tract of the Holey Land, known as the "Toe of the Boot," be removed from 

STA 3/4 under the circumstances set forth in this paragraph. The district shall proceed to modify 

the Everglades Construction Project, provided that the redesign achieves at least as many 

environmental and hydrological benefits as are included in the original design, including 

treatment of waters from sources other than the EAA, and does not delay construction of STA 

3/4. The district is authorized to use eminent domain to acquire alternative lands, only if such 

lands are located within 1 mile of the northern border of STA 3/4.

(d) Everglades research and monitoring program.—

1. The department and the district shall review and evaluate available water quality data for the 

Everglades Protection Area and tributary waters and identify any additional information 

necessary to adequately describe water quality in the Everglades Protection Area and tributary 

waters. The department and the district shall also initiate a research and monitoring program to 

generate such additional information identified and to evaluate the effectiveness of the BMPs 

and STAs, as they are implemented, in improving water quality and maintaining designated and 

existing beneficial uses of the Everglades Protection Area and tributary waters. As part of the 

program, the district shall monitor all discharges into the Everglades Protection Area for 

purposes of determining compliance with state water quality standards.

2. The research and monitoring program shall evaluate the ecological and hydrological needs 

of the Everglades Protection Area, including the minimum flows and levels. Consistent with such 

needs, the program shall also evaluate water quality standards for the Everglades Protection 

Area and for the canals of the EAA, so that these canals can be classified in the manner set 

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forth in paragraph (e) and protected as an integral part of the water management system which 

includes the STAs of the Everglades Construction Project and allows landowners in the EAA to 

achieve applicable water quality standards compliance by BMPs and STA treatment to the 

extent this treatment is available and effective.

3. The research and monitoring program shall include research seeking to optimize the design 

and operation of the STAs, including research to reduce outflow concentrations, and to identify 

other treatment and management methods and regulatory programs that are superior to STAs 

in achieving the intent and purposes of this section.

4. The research and monitoring program shall be conducted to allow the department to propose 

a phosphorus criterion in the Everglades Protection Area, and to evaluate existing state water 

quality standards applicable to the Everglades Protection Area and existing state water quality 

standards and classifications applicable to the EAA canals. In developing the phosphorus 

criterion, the department shall also consider the minimum flows and levels for the Everglades 

Protection Area and the district's water supply plans for the Lower East Coast.

5. Beginning January 1, 2000, the district and the department shall annually issue a peerreviewed report regarding the research and monitoring program that summarizes all data and 

findings. The department shall provide copies of the report to the Governor, the President of the 

Senate, and the Speaker of the House of Representatives. The report shall identify water 

quality parameters, in addition to phosphorus, which exceed state water quality standards or are 

causing or contributing to adverse impacts in the Everglades Protection Area.

6. The district shall continue research seeking to optimize the design and operation of STAs and 

to identify other treatment and management methods that are superior to STAs in achieving 

optimum water quality and water quantity for the benefit of the Everglades. The district shall 

optimize the design and operation of the STAs described in the Everglades Construction Project 

prior to expanding their size. Additional methods to achieve compliance with water quality 

standards shall not be limited to more intensive management of the STAs.

(e) Evaluation of water quality standards.—

1. The department and the district shall employ all means practicable to complete by December 

31, 1998, any additional research necessary to:

a. Numerically interpret for phosphorus the Class III narrative nutrient criterion necessary to 

meet water quality standards in the Everglades Protection Area; and

b. Evaluate existing water quality standards applicable to the Everglades Protection Area and 

EAA canals.

2. In no case shall such phosphorus criterion allow waters in the Everglades Protection Area to 

be altered so as to cause an imbalance in the natural populations of aquatic flora or fauna. The 

phosphorus criterion shall be 10 parts per billion (ppb) in the Everglades Protection Area in the 

event the department does not adopt by rule such criterion by December 31, 2003. However, in 

the event the department fails to adopt a phosphorus criterion on or before December 31, 2002, 

any person whose substantial interests would be affected by the rulemaking shall have the right, 

on or before February 28, 2003, to petition for a writ of mandamus to compel the department to 

adopt by rule such criterion. Venue for the mandamus action must be Leon County. The court 

may stay implementation of the 10 parts per billion (ppb) criterion during the pendency of the 

mandamus proceeding upon a demonstration by the petitioner of irreparable harm in the 

absence of such relief. The department's phosphorus criterion, whenever adopted, shall 

supersede the 10 parts per billion (ppb) criterion otherwise established by this section, but shall 

not be lower than the natural conditions of the Everglades Protection Area and shall take into 

account spatial and temporal variability. The department's rule adopting a phosphorus criterion 

may include moderating provisions during the implementation of the initial phase of the LongTerm Plan authorizing discharges based upon BAPRT providing net improvement to impacted 

areas. Discharges to unimpacted areas may also be authorized by moderating provisions, 

which shall require BAPRT, and which must be based upon a determination by the department 

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that the environmental benefits of the discharge clearly outweigh potential adverse impacts and 

otherwise comply with antidegradation requirements. Moderating provisions authorized by this 

section shall not extend beyond December 2016 unless further authorized by the Legislature 

pursuant to paragraph (3)(d).

3. The department shall use the best available information to define relationships between 

waters discharged to, and the resulting water quality in, the Everglades Protection Area. The 

department or the district shall use these relationships to establish discharge limits in permits for 

discharges into the EAA canals and the Everglades Protection Area necessary to prevent an 

imbalance in the natural populations of aquatic flora or fauna in the Everglades Protection Area, 

and to provide a net improvement in the areas already impacted. During the implementation of 

the initial phase of the Long-Term Plan, permits issued by the department shall be based on 

BAPRT, and shall include technology-based effluent limitations consistent with the Long-Term 

Plan. Compliance with the phosphorus criterion shall be based upon a long-term geometric 

mean of concentration levels to be measured at sampling stations recognized from the research 

to be reasonably representative of receiving waters in the Everglades Protection Area, and so 

located so as to assure that the Everglades Protection Area is not altered so as to cause an 

imbalance in natural populations of aquatic flora and fauna and to assure a net improvement in 

the areas already impacted. For the Everglades National Park and the Arthur R. Marshall 

Loxahatchee National Wildlife Refuge, the method for measuring compliance with the 

phosphorus criterion shall be in a manner consistent with Appendices A and B, respectively, of 

the settlement agreement dated July 26, 1991, entered in case No. 88-1886-Civ-Hoeveler, 

United States District Court for the Southern District of Florida, that recognizes and provides for 

incorporation of relevant research.

4. The department's evaluation of any other water quality standards must include the 

department's antidegradation standards and EAA canal classifications. In recognition of the 

special nature of the conveyance canals of the EAA, as a component of the classification 

process, the department is directed to formally recognize by rulemaking existing actual 

beneficial uses of the conveyance canals in the EAA. This shall include recognition of the Class 

III designated uses of recreation, propagation and maintenance of a healthy, well-balanced 

population of fish and wildlife, the integrated water management purposes for which the Central 

and Southern Florida Flood Control Project was constructed, flood control, conveyance of water 

to and from Lake Okeechobee for urban and agricultural water supply, Everglades hydroperiod 

restoration, conveyance of water to the STAs, and navigation.

(f) EAA best management practices.—

1. The district, in cooperation with the department, shall develop and implement a water quality 

monitoring program to evaluate the effectiveness of the BMPs in achieving and maintaining 

compliance with state water quality standards and restoring and maintaining designated and 

existing beneficial uses. The program shall include an analysis of the effectiveness of the BMPs 

in treating constituents that are not being significantly improved by the STAs. The monitoring 

program shall include monitoring of appropriate parameters at representative locations.

2. The district shall continue to require and enforce the BMP and other requirements of 

chapters 40E-61 and 40E-63, Florida Administrative Code, during the terms of the existing 

permits issued pursuant to those rules. Chapter 40E-61, Florida Administrative Code, may be 

amended to include the BMPs required by chapter 40E-63, Florida Administrative Code. Prior to 

the expiration of existing permits, and during each 5-year term of subsequent permits as 

provided for in this section, those rules shall be amended to implement a comprehensive

program of research, testing, and implementation of BMPs that will address all water quality 

standards within the EAA and Everglades Protection Area. Under this program:

a. EAA landowners, through the EAA Environmental Protection District or otherwise, shall 

sponsor a program of BMP research with qualified experts to identify appropriate BMPs.

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b. Consistent with the water quality monitoring program, BMPs will be field-tested in a sufficient 

number of representative sites in the EAA to reflect soil and crop types and other factors that 

influence BMP design and effectiveness.

c. BMPs as required for varying crops and soil types shall be included in permit conditions in 

the 5-year permits issued pursuant to this section.

d. The district shall conduct research in cooperation with EAA landowners to identify water 

quality parameters that are not being significantly improved either by the STAs or the BMPs, 

and to identify further BMP strategies needed to address these parameters.

3. The Legislature finds that through the implementation of the Everglades BMPs Program and 

the implementation of the Everglades Construction Project, reasonable further progress will be 

made towards addressing water quality requirements of the EAA canals and the Everglades 

Protection Area. Permittees within the EAA and the C-139 Basin who are in full compliance with 

the conditions of permits under chapters 40E-61 and 40E-63, Florida Administrative Code, have 

made all payments required under the Everglades Program, and are in compliance with 

subparagraph (a)8., if applicable, shall not be required to implement additional water quality 

improvement measures, prior to December 31, 2006, other than those required by 

subparagraph 2., with the following exceptions:

a. Nothing in this subparagraph shall limit the existing authority of the department or the district 

to limit or regulate discharges that pose a significant danger to the public health and safety; and

b. New land uses and new stormwater management facilities other than alterations to existing 

agricultural stormwater management systems for water quality improvements shall not be 

accorded the compliance established by this section. Permits may be required to implement 

improvements or alterations to existing agricultural water management systems.

4. As of December 31, 2006, all permits, including those issued prior to that date, shall require 

implementation of additional water quality measures, taking into account the water quality 

treatment actually provided by the STAs and the effectiveness of the BMPs. As of that date, no 

permittee's discharge shall cause or contribute to any violation of water quality standards in the 

Everglades Protection Area.

5. Effective immediately, landowners within the C-139 Basin shall not collectively exceed an 

annual average loading of phosphorus based proportionately on the historical rainfall for the C139 Basin over the period of October 1, 1978, to September 30, 1988. New surface inflows shall 

not increase the annual average loading of phosphorus stated above. Provided that the C-139 

Basin does not exceed this annual average loading, all landowners within the Basin shall be in 

compliance for that year. Compliance determinations for individual landowners within the C-139 

Basin for remedial action, if the Basin is determined by the district to be out of compliance for 

that year, shall be based on the landowners' proportional share of the total phosphorus loading. 

The total phosphorus discharge load shall be determined as set forth in Appendix B2 of Rule 

40E-63, Everglades Program, Florida Administrative Code.

6. The district, in cooperation with the department, shall develop and implement a water quality 

monitoring program to evaluate the quality of the discharge from the C-139 Basin. Upon 

determination by the department or the district that the C-139 Basin is exceeding any presently 

existing water quality standards, the district shall require landowners within the C-139 Basin to 

implement BMPs appropriate to the land uses within the C-139 Basin consistent with 

subparagraph 2. Thereafter, the provisions of subparagraphs 2.-4. shall apply to the landowners 

within the C-139 Basin.

(g) Monitoring and control of exotic species.—

1. The district shall establish a biological monitoring network throughout the Everglades 

Protection Area and shall prepare a survey of exotic species at least every 2 years.

2. In addition, the district shall establish a program to coordinate with federal, state, or other 

governmental entities the control of continued expansion and the removal of these exotic 

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species. The district's program shall give high priority to species affecting the largest areal 

extent within the Everglades Protection Area.

(5) ACQUISITION AND LEASE OF STATE LANDS.—

(a) As used in this subsection, the term:

1. "Available land" means land within the EAA owned by the board of trustees which is covered 

by any of the following leases: Numbers 3543, 3420, 1447, 1971-5, and 3433, and the southern 

one-third of number 2376 constituting 127 acres, more or less.

2. "Board of trustees" means the Board of Trustees of the Internal Improvement Trust Fund.

3. "Designated acre," as to any impacted farmer, means an acre of land which is designated for 

STAs or water retention or storage in the February 15, 1994, conceptual design document and 

which is owned or leased by the farmer or on which one or more agricultural products were 

produced which, during the period beginning October 1, 1992, and ending September 30, 1993, 

were processed at a facility owned by the farmer.

4. "Impacted farmer" means a producer or processor of agricultural commodities and includes 

subsidiaries and affiliates that have designated acres.

5. "Impacted vegetable farmer" means an impacted farmer in the EAA who uses more than 30 

percent of the land farmed by that farmer, whether owned or leased, for the production of 

vegetables.

6. "Vegetable-area available land" means land within the EAA owned by the board of trustees 

which is covered by lease numbers 3422 and 1935/1935S.

(b) 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 

Everglades Construction Project or determined necessary to meet water quality requirements 

established by rule or permit.

(c) The Legislature determines it to be in the public interest to minimize the potential loss of 

land and related product supply to farmers and processors who are most affected by acquisition 

of land for Everglades restoration and hydroperiod purposes. Accordingly, subject to the priority 

established below for vegetable-area available land, impacted farmers shall have priority in the 

leasing of available land. An impacted farmer shall have the right to lease each parcel of 

available land, upon expiration of the existing lease, for a term of 20 years and at a rental rate 

determined by appraisal using established state procedures. For those parcels of land that have 

previously been competitively bid, the rental rate shall not be less than the rate the board of 

trustees currently receives. The board of trustees may also adjust the rental rate on an annual 

basis using an appropriate index, and update the appraisals at 5-year intervals. If more than one 

impacted farmer desires to lease a particular parcel of available land, the one that has the 

greatest number of designated acres shall have priority.

(d) Impacted vegetable farmers shall have priority in leasing vegetable-area available land. An 

impacted vegetable farmer shall have the right to lease vegetable-area available land, upon 

expiration of the existing lease, for a term of 20 years or a term ending August 25, 2018, 

whichever term first expires, and at a rental rate determined by appraisal using established state 

procedures. If the lessee elects, such terms may consist of an initial 5-year term, with 

successive options to renew at the lessee's option for additional 5-year terms. For extensions of 

leases on those parcels of land that have previously been competitively bid, the rental rate shall 

not be less than the rate the board of trustees currently receives. The board of trustees may 

also adjust the rental rate on an annual basis using an appropriate index, and update the 

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appraisals at 5-year intervals. If more than one impacted vegetable farmer desires to lease 

vegetable-area available land, the one that has the greatest number of designated acres shall 

have priority.

(e) Impacted vegetable farmers with farming operations in areas of Florida other than the EAA 

shall have priority in leasing suitable surplus lands, where such lands are located in the St. 

Johns River Water Management District and in the vicinity of the other areas where such 

impacted vegetable farmers operate. The suitability of such use shall be determined solely by 

the St. Johns River Water Management District. The St. Johns River Water Management 

District shall make good faith efforts to provide these impacted vegetable farmers with the 

opportunity to lease such suitable lands to offset their designated acres. The rental rate shall be 

determined by appraisal using established procedures.

(f) The corporation conducting correctional work programs under part II of chapter 946 shall be 

entitled to renew, for a period of 20 years, its lease with the Department of Corrections which 

expires June 30, 1998, which includes the utilization of land for the production of sugar cane, 

and which is identified as lease number 2671 with the board of trustees.

(g) Except as specified in paragraph (f), once the leases or lease extensions specified in this 

subsection have been granted and become effective, the trustees shall retain the authority to 

terminate after 9 years any such lease or lease extension upon 2 years' notice to the lessee and 

a finding by the trustees that the lessee has ceased to be impacted as provided in this section. 

In that event, the outgoing lessee is entitled to be compensated for any documented, 

unamortized planting costs associated with the lease and any unamortized capital costs 

incurred prior to the notice. In addition, the trustees may terminate such lease or lease 

extension if the lessee fails to comply with, and after reasonable notice and opportunity to 

correct or fails to correct, any material provision of the lease or its obligation under this section.

(6) EVERGLADES AGRICULTURAL PRIVILEGE TAX.—

(a) There is hereby imposed an annual Everglades agricultural privilege tax for the privilege of 

conducting an agricultural trade or business on:

1. All real property located within the EAA that is classified as agricultural under the provisions 

of chapter 193; and

2. Leasehold or other interests in real property located within the EAA owned by the United 

States, the state, or any agency thereof permitting the property to be used for agricultural 

purposes in a manner that would allow such property to be classified as agricultural under the 

provisions of chapter 193 if not governmentally owned, whether or not such property is actually 

classified as agricultural under the provisions of chapter 193.

It is hereby determined by the Legislature that the privilege of conducting an agricultural trade or 

business on such property constitutes a reasonable basis for imposition of the Everglades 

agricultural privilege tax and that logical differences exist between the agricultural use of such 

property and the use of other property within the EAA for residential or nonagricultural 

commercial use. The Everglades agricultural privilege tax shall constitute a lien against the 

property, or the leasehold or other interest in governmental property permitting such property to 

be used for agricultural purposes, described on the Everglades agricultural privilege tax roll. The 

lien shall be in effect from January 1 of the year the tax notice is mailed until discharged by 

payment and shall be equal in rank and dignity with the liens of all state, county, district, or 

municipal taxes and non-ad valorem assessments imposed pursuant to general law, special act, 

or local ordinance and shall be superior in dignity to all other liens, titles, and claims.

(b) The Everglades agricultural privilege tax, other than for leasehold or other interests in 

governmental property permitting such property to be used for agricultural purposes, shall be 

collected in the manner provided for ad valorem taxes. By September 15 of each year, the 

governing board of the district shall certify by resolution an Everglades agricultural privilege tax 

roll on compatible electronic medium to the tax collector of each county in which a portion of the 

EAA is located. The district shall also produce one copy of the roll in printed form which shall be 

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available for inspection by the public. The district shall post the Everglades agricultural privilege 

tax for each parcel on the roll. The tax collector shall not accept any such roll that is not certified 

on compatible electronic medium and that does not contain the posting of the Everglades 

agricultural privilege tax for each parcel. It is the responsibility of the district that such rolls be 

free of errors and omissions. Alterations to such rolls may be made by the executive director of 

the district, or a designee, up to 10 days before certification. If the tax collector or any taxpayer 

discovers errors or omissions on such roll, such person may request the district to file a 

corrected roll or a correction of the amount of any Everglades agricultural privilege tax. Other 

than for leasehold or other interests in governmental property permitting such property to be 

used for agricultural purposes, Everglades agricultural privilege taxes collected pursuant to this 

section shall be included in the combined notice for ad valorem taxes and non-ad valorem 

assessments provided for in s. 197.3635. Such Everglades agricultural privilege taxes shall be 

listed in the portion of the combined notice utilized for non-ad valorem assessments. A separate 

mailing is authorized only as a solution to the most exigent factual circumstances. However, if a 

tax collector cannot merge an Everglades agricultural privilege tax roll to produce such a notice, 

the tax collector shall mail a separate notice of Everglades agricultural privilege taxes or shall 

direct the district to mail such a separate notice. In deciding whether a separate mailing is 

necessary, the tax collector shall consider all costs to the district and taxpayers of such a 

separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The 

district shall bear all costs associated with any separate notice. Everglades agricultural privilege 

taxes collected pursuant to this section shall be subject to all collection provisions of chapter 

197, including provisions relating to discount for early payment, prepayment by installment 

method, deferred payment, penalty for delinquent payment, and issuance and sale of tax 

certificates and tax deeds for nonpayment. Everglades agricultural privilege taxes for leasehold 

or other interests in property owned by the United States, the state, or any agency thereof 

permitting such property to be used for agricultural purposes shall be included on the notice 

provided pursuant to s. 196.31, a copy of which shall be provided to lessees or other 

interestholders registering with the district, and shall be collected from the lessee or other 

appropriate interestholder and remitted to the district immediately upon collection. Everglades 

agricultural privilege taxes included on the statement provided pursuant to s. 196.31 shall be 

due and collected on or prior to the next April 1 following provision of the notice. Proceeds of the 

Everglades agricultural privilege taxes shall be distributed by the tax collector to the district. 

Each tax collector shall be paid a commission equal to the actual cost of collection, not to 

exceed 2 percent, on the amount of Everglades agricultural privilege taxes collected and 

remitted. Notwithstanding any general law or special act to the contrary, Everglades agricultural 

privilege taxes shall not be included on the notice of proposed property taxes provided for in s. 

200.069.

(c) The initial Everglades agricultural privilege tax roll shall be certified for the tax notices 

mailed in November 1994. Incentive credits to the Everglades agricultural privilege taxes to be 

included on the initial Everglades agricultural privilege tax roll, if any, shall be based upon the 

total phosphorus load reduction for the year ending April 30, 1993. The Everglades agricultural 

privilege taxes for each year shall be computed in the following manner:

1. Annual Everglades agricultural privilege taxes shall be charged for the privilege of 

conducting an agricultural trade or business on each acre of real property or portion thereof. 

The annual Everglades agricultural privilege tax shall be $24.89 per acre for the tax notices 

mailed in November 1994 through November 1997; $27 per acre for the tax notices mailed in 

November 1998 through November 2001; $31 per acre for the tax notices mailed in November 

2002 through November 2005; and $35 per acre for the tax notices mailed in November 2006 

through November 2013.

2. It is the intent of the Legislature to encourage the performance of best management 

practices to maximize the reduction of phosphorus loads at points of discharge from the EAA by 

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providing an incentive credit against the Everglades agricultural privilege taxes set forth in 

subparagraph 1. The total phosphorus load reduction shall be measured for the entire EAA by 

comparing the actual measured total phosphorus load attributable to the EAA for each annual 

period ending on April 30 to the total estimated phosphorus load that would have occurred 

during the 1979-1988 base period using the model for total phosphorus load determinations 

provided in chapter 40E-63, Florida Administrative Code, utilizing the technical information and 

procedures contained in Section IV-EAA Period of Record Flow and Phosphorus Load 

Calculations; Section V-Monitoring Requirements; and Section VI-Phosphorus Load Allocations 

and Compliance Calculations of the Draft Technical Document in Support of chapter 40E-63, 

Florida Administrative Code - Works of the District within the Everglades, March 3, 1992, and 

the Standard Operating Procedures for Water Quality Collection in Support of the Everglades 

Water Condition Report, dated February 18, 1994. The model estimates the total phosphorus 

load that would have occurred during the 1979-1988 base period by substituting the rainfall 

conditions for such annual period ending April 30 for the conditions that were used to calibrate 

the model for the 1979-1988 base period. The data utilized to calculate the actual loads 

attributable to the EAA shall be adjusted to eliminate the effect of any load and flow that were 

not included in the 1979-1988 base period as defined in chapter 40E-63, Florida Administrative 

Code. The incorporation of the method of measuring the total phosphorus load reduction 

provided in this subparagraph is intended to provide a legislatively approved aid to the 

governing board of the district in making an annual ministerial determination of any incentive 

credit.

3. Phosphorus load reductions calculated in the manner described in subparagraph 2. and 

rounded to the nearest whole percentage point for each annual period beginning on May 1 and 

ending on April 30 shall be used to compute incentive credits to the Everglades agricultural 

privilege taxes to be included on the annual tax notices mailed in November of the next ensuing 

calendar year. Incentive credits, if any, will reduce the Everglades agricultural privilege taxes set 

forth in subparagraph 1. only to the extent that the phosphorus load reduction exceeds 25 

percent. Subject to subparagraph 4., the reduction of phosphorus load by each percentage point 

in excess of 25 percent, computed for the 12-month period ended on April 30 of the calendar 

year immediately preceding certification of the Everglades agricultural privilege tax, shall result 

in the following incentive credits: $0.33 per acre for the tax notices mailed in November 1994 

through November 1997; $0.54 per acre for the tax notices mailed in November 1998 through 

November 2001; $0.61 per acre for the tax notices mailed in November 2002 through November 

2005, and $0.65 per acre for the tax notices mailed in November 2006 through November 2013. 

The determination of incentive credits, if any, shall be documented by resolution of the 

governing board of the district adopted prior to or at the time of the adoption of its resolution 

certifying the annual Everglades agricultural privilege tax roll to the appropriate tax collector.

4. Notwithstanding subparagraph 3., incentive credits for the performance of best management 

practices shall not reduce the minimum annual Everglades agricultural privilege tax to less than 

$24.89 per acre, which annual Everglades agricultural privilege tax as adjusted in the manner 

required by paragraph (e) shall be known as the "minimum tax." To the extent that the 

application of incentive credits for the performance of best management practices would reduce 

the annual Everglades agricultural privilege tax to an amount less than the minimum tax, then 

the unused or excess incentive credits for the performance of best management practices shall 

be carried forward, on a phosphorus load percentage basis, to be applied as incentive credits in 

subsequent years. Any unused or excess incentive credits remaining after certification of the 

Everglades agricultural privilege tax roll for the tax notices mailed in November 2013 shall be 

canceled.

5. Notwithstanding the schedule of Everglades agricultural privilege taxes set forth in 

subparagraph 1., the owner, lessee, or other appropriate interestholder of any property shall be 

entitled to have the Everglades agricultural privilege tax for any parcel of property reduced to 

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the minimum tax, commencing with the tax notices mailed in November 1996 for parcels of 

property participating in the early baseline option as defined in chapter 40E-63, Florida 

Administrative Code, and with the tax notices mailed in November 1997 for parcels of property 

not participating in the early baseline option, upon compliance with the requirements set forth in 

this subparagraph. The owner, lessee, or other appropriate interestholder shall file an 

application with the executive director of the district prior to July 1 for consideration of reduction 

to the minimum tax on the Everglades agricultural privilege tax roll to be certified for the tax 

notice mailed in November of the same calendar year and shall have the burden of proving the 

reduction in phosphorus load attributable to such parcel of property. The phosphorus load 

reduction for each discharge structure serving the parcel shall be measured as provided in 

chapter 40E-63, Florida Administrative Code, and the permit issued for such property pursuant 

to chapter 40E-63, Florida Administrative Code. A parcel of property which has achieved the 

following annual phosphorus load reduction standards shall have the minimum tax included on 

the annual tax notice mailed in November of the next ensuing calendar year: 30 percent or more 

for the tax notices mailed in November 1994 through November 1997; 35 percent or more for 

the tax notices mailed in November 1998 through November 2001; 40 percent or more for the 

tax notices mailed in November 2002 through November 2005; and 45 percent or more for the 

tax notices mailed in November 2006 through November 2013. In addition, any parcel of 

property that achieves an annual flow weighted mean concentration of 50 parts per billion (ppb) 

of phosphorus at each discharge structure serving the property for any year ending April 30 

shall have the minimum tax included on the annual tax notice mailed in November of the next 

ensuing calendar year. Any annual phosphorus reductions that exceed the amount necessary to 

have the minimum tax included on the annual tax notice for any parcel of property shall be 

carried forward to the subsequent years' phosphorus load reduction to determine if the minimum 

tax shall be included on the annual tax notice. The governing board of the district shall deny or 

grant the application by resolution adopted prior to or at the time of the adoption of its resolution 

certifying the annual Everglades agricultural privilege tax roll to the appropriate tax collector.

6. The annual Everglades agricultural privilege tax for the tax notices mailed in November 2014 

through November 2016 shall be $25 per acre and for tax notices mailed in November 2017 and 

thereafter shall be $10 per acre.

(d) For purposes of this paragraph, "vegetable acreage" means, for each tax year, any portion 

of a parcel of property used for a period of not less than 8 months for the production of 

vegetable crops, including sweet corn, during the 12 months ended September 30 of the year 

preceding the tax year. Land preparation, crop rotation, and fallow periods shall not disqualify 

property from classification as vegetable acreage if such property is actually used for the 

production of vegetable crops.

1. It is hereby determined by the Legislature that vegetable farming in the EAA is subject to 

volatile market conditions and is particularly subject to crop loss or damage due to freezes, 

flooding, and drought. It is further determined by the Legislature that, due to the foregoing 

factors, imposition of an Everglades agricultural privilege tax upon vegetable acreage in excess 

of the minimum tax could create a severe economic hardship and impair the production of 

vegetable crops. Notwithstanding the schedule of Everglades agricultural privilege taxes set 

forth in subparagraph (c)1., the Everglades agricultural privilege tax for vegetable acreage shall 

be the minimum tax, and vegetable acreage shall not be entitled to any incentive credits.

2. If either the Governor, the President of the United States, or the United States Department of 

Agriculture declares the existence of a state of emergency or disaster resulting from extreme 

natural conditions impairing the ability of vegetable acreage to produce crops, payment of the 

Everglades agricultural privilege taxes imposed for the privilege of conducting an agricultural 

trade or business on such property shall be deferred for a period of 1 year, and all subsequent 

annual payments shall be deferred for the same period.

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a. If the declaration occurs between April 1 and October 31, the Everglades agricultural 

privilege tax to be included on the next annual tax notice will be deferred to the subsequent 

annual tax notice.

b. If the declaration occurs between November 1 and March 31 and the Everglades agricultural 

privilege tax included on the most recent tax notice has not been paid, such Everglades 

agricultural privilege tax will be deferred to the next annual tax notice.

c. If the declaration occurs between November 1 and March 31 and the Everglades agricultural 

privilege tax included on the most recent tax notice has been paid, the Everglades agricultural 

privilege tax to be included on the next annual tax notice will be deferred to the subsequent 

annual tax notice.

3. In the event payment of Everglades agricultural privilege taxes is deferred pursuant to this 

paragraph, the district must record a notice in the official records of each county in which 

vegetable acreage subject to such deferment is located. The recorded notice must describe 

each parcel of property as to which Everglades agricultural privilege taxes have been deferred 

and the amount deferred for such property. If all or any portion of the property as to which 

Everglades agricultural privilege taxes have been deferred ceases to be classified as 

agricultural under the provisions of chapter 193 or otherwise subject to the Everglades 

agricultural privilege tax, all deferred amounts must be included on the tax notice for such 

property mailed in November of the first tax year for which such property is not subject to the 

Everglades agricultural privilege tax. After a property owner has paid all outstanding Everglades 

agricultural privilege taxes, including any deferred amounts, the district shall provide the 

property owner with a recordable instrument evidencing the payment of all outstanding 

amounts.

4. The owner, lessee, or other appropriate interestholder must file an application with the 

executive director of the district prior to July 1 for classification of a portion of the property as 

vegetable acreage on the Everglades agricultural privilege tax roll to be certified for the tax 

notice mailed in November of the same calendar year and shall have the burden of proving the 

number of acres used for the production of vegetable crops during the year in which incentive 

credits are determined and the period of such use. The governing board of the district shall deny 

or grant the application by resolution adopted prior to or at the time of the adoption of its 

resolution certifying the annual Everglades agricultural privilege tax roll to the appropriate tax 

collector.

5. This paragraph does not relieve vegetable acreage from the performance of best 

management practices specified in chapter 40E-63, Florida Administrative Code.

(e) If, for any tax year, the number of acres subject to the Everglades agricultural privilege tax is 

less than the number of acres included on the Everglades agricultural privilege tax roll certified 

for the tax notices mailed in November 1994, the minimum tax shall be subject to increase in the 

manner provided in this paragraph. In determining the number of acres subject to the 

Everglades agricultural privilege tax for purposes of this paragraph, property acquired by a notfor-profit entity for purposes of conservation and preservation, the United States, or the state, or 

any agency thereof, and removed from the Everglades agricultural privilege tax roll after 

January 1, 1994, shall be treated as subject to the tax even though no tax is imposed or due: in 

its entirety, for tax notices mailed prior to November 2000; to the extent its area exceeds 4 

percent of the total area of property subject to the Everglades agricultural tax, for tax notices 

mailed in November 2000 through November 2005; and to the extent its area exceeds 8 percent 

of the total area of property subject to the Everglades agricultural tax, for tax notices mailed in 

November 2006 and thereafter. For each tax year, the district shall determine the amount, if 

any, by which the sum of the following exceeds $12,367,000:

1. The product of the minimum tax multiplied by the number of acres subject to the Everglades 

agricultural privilege tax; and

2. The ad valorem tax increment, as defined in this subparagraph.

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The aggregate of such annual amounts, less any portion previously applied to eliminate or 

reduce future increases in the minimum tax, as described in this paragraph, shall be known as 

the "excess tax amount." If for any tax year, the amount computed by multiplying the minimum 

tax by the number of acres then subject to the Everglades agricultural privilege tax is less than 

$12,367,000, the excess tax amount shall be applied in the following manner. If the excess tax 

amount exceeds such difference, an amount equal to the difference shall be deducted from the 

excess tax amount and applied to eliminate any increase in the minimum tax. If such difference 

exceeds the excess tax amount, the excess tax amount shall be applied to reduce any increase 

in the minimum tax. In such event, a new minimum tax shall be computed by subtracting the 

remaining excess tax amount from $12,367,000 and dividing the result by the number of acres 

subject to the Everglades agricultural privilege tax for such tax year. For purposes of this 

paragraph, the "ad valorem tax increment" means 50 percent of the difference between the 

amount of ad valorem taxes actually imposed by the district for the immediate prior tax year 

against property included on the Everglades agricultural privilege tax roll certified for the tax 

notices mailed in November 1994 that was not subject to the Everglades agricultural privilege 

tax during the immediate prior tax year and the amount of ad valorem taxes that would have 

been imposed against such property for the immediate prior tax year if the taxable value of each 

acre had been equal to the average taxable value of all other land classified as agricultural 

within the EAA for such year; however, the ad valorem tax increment for any year shall not 

exceed the amount that would have been derived from such property from imposition of the 

minimum tax during the immediate prior tax year.

(f) Any owner, lessee, or other appropriate interestholder of property subject to the Everglades 

agricultural privilege tax may contest the Everglades agricultural privilege tax by filing an action 

in circuit court.

1. No action may be brought to contest the Everglades agricultural privilege tax after 60 days 

from the date the tax notice that includes the Everglades agricultural privilege tax is mailed by 

the tax collector. Before an action to contest the Everglades agricultural privilege tax may be 

brought, the taxpayer shall pay to the tax collector the amount of the Everglades agricultural 

privilege tax which the taxpayer admits in good faith to be owing. The tax collector shall issue a 

receipt for the payment, and the receipt shall be filed with the complaint. Payment of an 

Everglades agricultural privilege tax shall not be deemed an admission that such tax was due 

and shall not prejudice the right to bring a timely action to challenge such tax and seek a refund. 

No action to contest the Everglades agricultural privilege tax may be maintained, and such 

action shall be dismissed, unless all Everglades agricultural privilege taxes imposed in years 

after the action is brought, which the taxpayer in good faith admits to be owing, are paid before 

they become delinquent. The requirements of this subparagraph are jurisdictional.

2. In any action involving a challenge of the Everglades agricultural privilege tax, the court shall 

assess all costs. If the court finds that the amount of tax owed by the taxpayer is greater than 

the amount the taxpayer has in good faith admitted and paid, it shall enter judgment against the 

taxpayer for the deficiency and for interest on the deficiency at the rate of 12 percent per year 

from the date the tax became delinquent. If it finds that the amount of tax which the taxpayer 

has admitted to be owing is grossly disproportionate to the amount of tax found to be due and 

that the taxpayer's admission was not made in good faith, the court shall also assess a penalty 

at the rate of 25 percent of the deficiency per year from the date the tax became delinquent. The 

court may issue injunctions to restrain the sale of property for any Everglades agricultural 

privilege tax which appears to be contrary to law or equity.

(g) Notwithstanding any contrary provisions in chapter 120, or any provision of any other law, 

an action in circuit court shall be the exclusive remedy to challenge the assessment of an 

Everglades agricultural privilege tax and owners of property subject to the Everglades 

agricultural privilege tax shall have no right or standing to initiate administrative proceedings 

under chapter 120 to challenge the assessment of an Everglades agricultural privilege tax, 

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including specifically, and without limitation, the annual certification by the district governing 

board of the Everglades agricultural privilege tax roll to the appropriate tax collector, the annual 

calculation of any incentive credit for phosphorus level reductions, the denial of an application 

for exclusion from the Everglades agricultural privilege tax, the calculation of the minimum tax 

adjustments provided in paragraph (e), the denial of an application for reduction to the minimum 

tax, and the denial of any application for classification as vegetable acreage, deferment of 

payment for vegetable acreage, or correction of any alleged error in the Everglades agricultural 

privilege tax roll.

(h) In recognition of the findings set forth in subsection (1), the Legislature finds that the 

assessment and use of the Everglades agricultural privilege tax is a matter of concern to all 

areas of Florida and the Legislature intends this act to be a general law authorization of the tax 

within the meaning of s. 9, Art. VII of the State Constitution and that payment of the tax complies 

with the obligations of owners and users of land under s. 7(b), Art. II of the State Constitution.

(7) C-139 AGRICULTURAL PRIVILEGE TAX.—

(a) There is hereby imposed an annual C-139 agricultural privilege tax for the privilege of 

conducting an agricultural trade or business on:

1. All real property located within the C-139 Basin that is classified as agricultural under the 

provisions of chapter 193; and

2. Leasehold or other interests in real property located within the C-139 Basin owned by the 

United States, the state, or any agency thereof permitting the property to be used for agricultural 

purposes in a manner that would result in such property being classified as agricultural under 

the provisions of chapter 193 if not governmentally owned, whether or not such property is 

actually classified as agricultural under the provisions of chapter 193.

It is hereby determined by the Legislature that the privilege of conducting an agricultural trade or 

business on such property constitutes a reasonable basis for imposing the C-139 agricultural 

privilege tax and that logical differences exist between the agricultural use of such property and 

the use of other property within the C-139 Basin for residential or nonagricultural commercial 

use. The C-139 agricultural privilege tax shall constitute a lien against the property, or the 

leasehold or other interest in governmental property permitting such property to be used for 

agricultural purposes, described on the C-139 agricultural privilege tax roll. The lien shall be in 

effect from January 1 of the year the tax notice is mailed until discharged by payment and shall 

be equal in rank and dignity with the liens of all state, county, district, or municipal taxes and 

non-ad valorem assessments imposed pursuant to general law, special act, or local ordinance 

and shall be superior in dignity to all other liens, titles, and claims.

(b) The C-139 agricultural privilege tax, other than for leasehold or other interests in 

governmental property permitting such property to be used for agricultural purposes, shall be 

collected in the manner provided for ad valorem taxes. By September 15 of each year, the 

governing board of the district shall certify by resolution a C-139 agricultural privilege tax roll on 

compatible electronic medium to the tax collector of each county in which a portion of the C-139 

Basin is located. The district shall also produce one copy of the roll in printed form which shall 

be available for inspection by the public. The district shall post the C-139 agricultural privilege 

tax for each parcel on the roll. The tax collector shall not accept any such roll that is not certified 

on compatible electronic medium and that does not contain the posting of the C-139 agricultural 

privilege tax for each parcel. It is the responsibility of the district that such rolls be free of errors 

and omissions. Alterations to such rolls may be made by the executive director of the district, or 

a designee, up to 10 days before certification. If the tax collector or any taxpayer discovers 

errors or omissions on such roll, such person may request the district to file a corrected roll or a 

correction of the amount of any C-139 agricultural privilege tax. Other than for leasehold or 

other interests in governmental property permitting such property to be used for agricultural 

purposes, C-139 agricultural privilege taxes collected pursuant to this section shall be included 

in the combined notice for ad valorem taxes and non-ad valorem assessments provided for in s. 

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197.3635. Such C-139 agricultural privilege taxes shall be listed in the portion of the combined 

notice utilized for non-ad valorem assessments. A separate mailing is authorized only as a 

solution to the most exigent factual circumstances. However, if a tax collector cannot merge a 

C-139 agricultural privilege tax roll to produce such a notice, the tax collector shall mail a

separate notice of C-139 agricultural privilege taxes or shall direct the district to mail such a 

separate notice. In deciding whether a separate mailing is necessary, the tax collector shall 

consider all costs to the district and taxpayers of such a separate mailing and the adverse 

effects to the taxpayers of delayed and multiple notices. The district shall bear all costs 

associated with any separate notice. C-139 agricultural privilege taxes collected pursuant to this 

section shall be subject to all collection provisions of chapter 197, including provisions relating 

to discount for early payment, prepayment by installment method, deferred payment, penalty for 

delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. C139 agricultural privilege taxes for leasehold or other interests in property owned by the United 

States, the state, or any agency thereof permitting such property to be used for agricultural 

purposes shall be included on the notice provided pursuant to s. 196.31, a copy of which shall 

be provided to lessees or other interestholders registering with the district, and shall be 

collected from the lessee or other appropriate interestholder and remitted to the district 

immediately upon collection. C-139 agricultural privilege taxes included on the statement 

provided pursuant to s. 196.31 shall be due and collected on or prior to the next April 1 following 

provision of the notice. Proceeds of the C-139 agricultural privilege taxes shall be distributed by 

the tax collector to the district. Each tax collector shall be paid a commission equal to the actual 

cost of collection, not to exceed 2 percent, on the amount of C-139 agricultural privilege taxes 

collected and remitted. Notwithstanding any general law or special act to the contrary, C-139 

agricultural privilege taxes shall not be included on the notice of proposed property taxes 

provided in s. 200.069.

(c)1. The initial C-139 agricultural privilege tax roll shall be certified for the tax notices mailed in 

November 1994. The C-139 agricultural privilege taxes for the tax notices mailed in November 

1994 through November 2002 shall be computed by dividing $654,656 by the number of acres 

included on the C-139 agricultural privilege tax roll for such year, excluding any property located 

within the C-139 Annex. 

2. The C-139 agricultural privilege taxes for the tax notices mailed in November 2003 through 

2013 shall be computed by dividing $654,656 by the number of acres included on the C-139 

agricultural privilege tax roll for November 2001, excluding any property located within the C139 Annex.

3. The C-139 agricultural privilege taxes for the tax notices mailed in November 2014 and 

thereafter shall be $1.80 per acre.

(d) For purposes of this paragraph, "vegetable acreage" means, for each tax year, any portion 

of a parcel of property used for a period of not less than 8 months for the production of 

vegetable crops, including sweet corn, during the 12 months ended September 30 of the year 

preceding the tax year. Land preparation, crop rotation, and fallow periods shall not disqualify 

property from classification as vegetable acreage if such property is actually used for the 

production of vegetable crops.

1. If either the Governor, the President of the United States, or the United States Department of 

Agriculture declares the existence of a state of emergency or disaster resulting from extreme 

natural conditions impairing the ability of vegetable acreage to produce crops, payment of the C139 agricultural privilege taxes imposed for the privilege of conducting an agricultural trade or 

business on such property shall be deferred for a period of 1 year, and all subsequent annual 

payments shall be deferred for the same period.

a. If the declaration occurs between April 1 and October 31, the C-139 agricultural privilege tax 

to be included on the next annual tax notice will be deferred to the subsequent annual tax 

notice.

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b. If the declaration occurs between November 1 and March 31 and the C-139 agricultural 

privilege tax included on the most recent tax notice has not been paid, such C-139 agricultural 

privilege tax will be deferred to the next annual tax notice.

c. If the declaration occurs between November 1 and March 31 and the C-139 agricultural 

privilege tax included on the most recent tax notice has been paid, the C-139 agricultural 

privilege tax to be included on the next annual tax notice will be deferred to the subsequent 

annual tax notice.

2. In the event payment of C-139 agricultural privilege taxes is deferred pursuant to this 

paragraph, the district must record a notice in the official records of each county in which 

vegetable acreage subject to such deferment is located. The recorded notice must describe 

each parcel of property as to which C-139 agricultural privilege taxes have been deferred and 

the amount deferred for such property. If all or any portion of the property as to which C-139 

agricultural privilege taxes have been deferred ceases to be classified as agricultural under the 

provisions of chapter 193 or otherwise subject to the C-139 agricultural privilege tax, all deferred 

amounts must be included on the tax notice for such property mailed in November of the first tax 

year for which such property is not subject to the C-139 agricultural privilege tax. After a 

property owner has paid all outstanding C-139 agricultural privilege taxes, including any 

deferred amounts, the district shall provide the property owner with a recordable instrument 

evidencing the payment of all outstanding amounts.

3. The owner, lessee, or other appropriate interestholder shall file an application with the 

executive director of the district prior to July 1 for classification of a portion of the property as 

vegetable acreage on the C-139 agricultural privilege tax roll to be certified for the tax notice 

mailed in November of the same calendar year and shall have the burden of proving the number 

of acres used for the production of vegetable crops during the year in which incentive credits are 

determined and the period of such use. The governing board of the district shall deny or grant 

the application by resolution adopted prior to or at the time of the adoption of its resolution 

certifying the annual C-139 agricultural privilege tax roll to the appropriate tax collector.

4. This paragraph does not relieve vegetable acreage from the performance of best 

management practices specified in chapter 40E-63, Florida Administrative Code.

(e) Any owner, lessee, or other appropriate interestholder of property subject to the C-139 

agricultural privilege tax may contest the C-139 agricultural privilege tax by filing an action in 

circuit court.

1. No action may be brought to contest the C-139 agricultural privilege tax after 60 days from 

the date the tax notice that includes the C-139 agricultural privilege tax is mailed by the tax 

collector. Before an action to contest the C-139 agricultural privilege tax may be brought, the 

taxpayer shall pay to the tax collector the amount of the C-139 agricultural privilege tax which 

the taxpayer admits in good faith to be owing. The tax collector shall issue a receipt for the 

payment and the receipt shall be filed with the complaint. Payment of an C-139 agricultural 

privilege tax shall not be deemed an admission that such tax was due and shall not prejudice 

the right to bring a timely action to challenge such tax and seek a refund. No action to contest 

the C-139 agricultural privilege tax may be maintained, and such action shall be dismissed, 

unless all C-139 agricultural privilege taxes imposed in years after the action is brought, which 

the taxpayer in good faith admits to be owing, are paid before they become delinquent. The 

requirements of this paragraph are jurisdictional.

2. In any action involving a challenge of the C-139 agricultural privilege tax, the court shall 

assess all costs. If the court finds that the amount of tax owed by the taxpayer is greater than 

the amount the taxpayer has in good faith admitted and paid, it shall enter judgment against the 

taxpayer for the deficiency and for interest on the deficiency at the rate of 12 percent per year 

from the date the tax became delinquent. If it finds that the amount of tax which the taxpayer 

has admitted to be owing is grossly disproportionate to the amount of tax found to be due and 

that the taxpayer's admission was not made in good faith, the court shall also assess a penalty 

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at the rate of 25 percent of the deficiency per year from the date the tax became delinquent. The 

court may issue injunctions to restrain the sale of property for any C-139 agricultural privilege 

tax which appears to be contrary to law or equity.

(f) Notwithstanding any contrary provisions in chapter 120, or any provision of any other law, an 

action in circuit court shall be the exclusive remedy to challenge the assessment of an C-139 

agricultural privilege tax and owners of property subject to the C-139 agricultural privilege tax 

shall have no right or standing to initiate administrative proceedings under chapter 120 to 

challenge the assessment of an C-139 agricultural privilege tax including specifically, and 

without limitation, the annual certification by the district governing board of the C-139 

agricultural privilege tax roll to the appropriate tax collector, the denial of an application for 

exclusion from the C-139 agricultural privilege tax, and the denial of any application for 

classification as vegetable acreage, deferment of payment for vegetable acreage, or correction 

of any alleged error in the C-139 agricultural privilege tax roll.

(g) In recognition of the findings set forth in subsection (1), the Legislature finds that the 

assessment and use of the C-139 agricultural privilege tax is a matter of concern to all areas of 

Florida and the Legislature intends this section to be a general law authorization of the tax 

within the meaning of s. 9, Art. VII of the State Constitution.

(8) SPECIAL ASSESSMENTS.—

(a) In addition to any other legally available funding mechanism, the district may 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 including property located outside the EAA and the C-139 Basin, and property located 

within the EAA and the C-139 Basin that is not subject to the Everglades agricultural privilege 

tax or the C-139 agricultural privilege tax. The district may levy special assessments within said 

benefit areas 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 benefits received. The assessments shall be calculated to generate 

sufficient funds to plan, acquire, construct, finance, operate, and maintain the stormwater 

management systems authorized pursuant to this section.

(b) The district may use the non-ad valorem levy, collection, and enforcement method as 

provided in chapter 197 for assessments levied pursuant to paragraph (a).

(c) The district shall publish notice of the certification of the non-ad valorem assessment roll 

pursuant to chapter 197 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 levied 

pursuant to paragraph (a) 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 

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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 paragraph (a) 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 assessed. Such water quality treatment may be required by the plan or 

permits issued by the district. Prior to the imposition of assessments pursuant to paragraph (a) 

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 assessed. This determination shall establish the proportion of 

the total anticipated costs attributable to the landowners. In determining the costs to be imposed 

by assessments, the district shall consider the extent to which nutrients originate from external 

sources beyond the control of the landowners to be assessed. Costs for hydroperiod restoration 

within the Everglades Protection Area shall be provided by funds other than those derived from 

the assessments. 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 by the district.

(e) In determining the amount of any assessment imposed on an individual landowner under 

paragraph (a), 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 assessment shall be imposed under this section 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 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 permit 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 assessments under this section.

(9) PERMITS.—

(a) The Legislature finds that construction and operation of the Everglades Construction Project 

will benefit the water resources of the district and is consistent with the public interest. The 

district shall construct, maintain, and operate the Everglades Construction Project in accordance 

with this section.

(b) The Legislature finds that there is an immediate need to initiate cleanup and restoration of 

the Everglades Protection Area through the Everglades Construction Project. In recognition of 

this need, the district may begin construction of the Everglades Construction Project prior to 

final agency action, or notice of intended agency action, on any permit from the department 

under this section.

(c) The department may issue permits to the district to construct, operate, and maintain the 

Everglades Construction Project based on the criteria set forth in this section. The permits to be 

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issued by the department to the district under this section shall be in lieu of other permits under 

this part or part VIII of chapter 403, 1992 Supplement to the Florida Statutes 1991.

(d) By June 1, 1994, the district shall apply to the department for a permit or permits for the 

construction, operation, and maintenance of the Everglades Construction Project. The district 

may comply with this paragraph by amending its pending Everglades permit application.

(e) The department shall issue a permit for a term of 5 years for the construction, operation, 

and maintenance of the Everglades Construction Project upon the district's providing 

reasonable assurances that:

1. The project will be constructed, operated, and maintained in accordance with the Everglades 

Construction Project;

2. The BMP program set forth in paragraph (4)(f) has been implemented; and

3. The final design of the Everglades Construction Project shall minimize wetland impacts, to 

the maximum extent practicable and consistent with the Everglades Construction Project.

(f) At least 60 days prior to the expiration of any permit issued under this section, the district 

may apply for renewal for a period of 5 years.

(g) Permits issued under this section may include any standard conditions provided by 

department rule which are appropriate and consistent with this section.

(h) Discharges shall be allowed, provided the STAs are operated in accordance with this 

section, if, after a stabilization period:

1. The STAs achieve the design objectives of the Everglades Construction Project for 

phosphorus;

2. For water quality parameters other than phosphorus, the quality of water discharged from the 

STAs is of equal or better quality than inflows; and

3. Discharges from STAs do not pose a serious danger to the public health, safety, or welfare.

(i) The district may discharge from any STA into waters of the state upon issuance of final 

agency action authorizing such action or in accordance with s. 373.439.

(j)1. Modifications to the Everglades Construction Project shall be submitted to the department 

for a determination as to whether permit modification is necessary. The department shall notify 

the district within 30 days after receiving the submittal as to whether permit modification is 

necessary.

2. The Legislature recognizes that technological advances may occur during the construction of 

the Everglades Construction Project. If superior technology becomes available in the future 

which can be implemented to more effectively meet the intent and purposes of this section, the 

district is authorized to pursue that alternative through permit modification to the department. 

The department may issue or modify a permit provided that the alternative is demonstrated to 

be superior at achieving the restoration goals of the Everglades Construction Project 

considering:

a. Levels of load reduction;

b. Levels of discharge concentration reduction;

c. Water quantity, distribution, and timing for the Everglades Protection Area;

d. Compliance with water quality standards;

e. Compatibility of treated water with the balance in natural populations of aquatic flora or fauna 

in the Everglades Protection Area;

f. Cost-effectiveness; and

g. The schedule for implementation.

Upon issuance of permit modifications by the department, the district is authorized to use 

available funds to finance the modification.

3. The district shall modify projects of the Everglades Construction Project, as appropriate, if 

the projects are not achieving the design objectives. Modifications that are inconsistent with the 

permit shall require a permit modification from the department. Modifications which substitute 

the treatment technology must meet the requirements of subparagraph 2. Nothing in this section 

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shall prohibit the district from refining or modifying the final design of the project based upon the 

February 14, 1994, conceptual design document in accordance with standard engineering 

practices.

(k) By October 1, 1994, the district shall apply for a permit under this section to operate and 

maintain discharge structures within the control of the district which discharge into, within, or 

from the Everglades Protection Area and are not included in the Everglades Construction 

Project. The district may comply with this subsection by amending its pending permit application 

regarding these structures. In addition to the requirements of ss. 373.413 and 373.416, the 

application shall include the following:

1. Schedules and strategies for:

a. Achieving and maintaining water quality standards;

b. Evaluation of existing programs, permits, and water quality data;

c. Acquisition of lands and construction and operation of water treatment facilities, if 

appropriate, together with development of funding mechanisms; and

d. Development of a regulatory program to improve water quality, including identification of 

structures or systems requiring permits or modifications of existing permits.

2. A monitoring program to ensure the accuracy of data and measure progress toward 

achieving compliance with water quality standards.

(l) The department shall issue one or more permits for a term of 5 years for the operation and 

maintenance of structures identified by the district in paragraph (k) upon the district's 

demonstration of reasonable assurance that those elements identified in paragraph (k) will 

provide compliance with water quality standards to the maximum extent practicable and 

otherwise comply with the provisions of ss. 373.413 and 373.416. The department shall take 

agency action on the permit application by October 1, 1996. At least 60 days prior to the 

expiration of any permit, the district may apply for a renewal thereof for a period of 5 years.

(m) The district may apply for modification of any permit issued pursuant to this subsection, 

including superior technology in accordance with the procedures set forth in this subsection.

(n) The district also shall apply for a permit or modification of an existing permit, as provided in 

this subsection, for any new structure or for any modification of an existing structure.

(o) Except as otherwise provided in this section, 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.

(p) 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 chapter 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 this chapter. The district's rules 

authorizing master permits for the Everglades Agricultural Area shall provide requirements 

consistent with this section 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 

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greatest extent possible the department shall delegate to the district any authority necessary to 

implement this subsection which is not already delegated.

(10) LONG-TERM COMPLIANCE PERMITS.—By December 31, 2006, the department and the 

district shall take such action as may be necessary to implement the pre-2006 projects and 

strategies of the Long-Term Plan so that water delivered to the Everglades Protection Area 

achieves in all parts of the Everglades Protection Area state water quality standards, including 

the phosphorus criterion and moderating provisions., in all parts of the Everglades Protection 

Area.

(a) By December 31, 2003, the district shall submit to the department an application for permit 

modification to incorporate proposed changes to the Everglades Construction Project and other 

district works delivering water to the Everglades Protection Area as needed to implement the 

pre-2006 projects and strategies of the Long-Term Plan in all permits issued by the department, 

including the permits issued pursuant to subsection (9). These changes shall be designed to 

achieve state water quality standards, including the phosphorus criterion and moderating 

provisions. During the implementation of the initial phase of the Long-Term Plan, permits 

issued by the department shall be based on BAPRT, and shall include technology-based 

effluent limitations consistent with the Long-Term Plan, as provided in subparagraph (4)(e)3. 

(b) If the Everglades Construction Project or other discharges to the Everglades Protection 

Area are in compliance with state water quality standards, including the phosphorus criterion, 

the permit application shall include:

1. A plan for maintaining compliance with the phosphorus criterion in the Everglades Protection 

Area.

2. A plan for maintaining compliance in the Everglades Protection Area with state water quality 

standards other than the phosphorus criterion.

(11) APPLICABILITY OF LAWS AND WATER QUALITY STANDARDS; AUTHORITY OF 

DISTRICT AND DEPARTMENT.—

(a) Except as otherwise provided in this section, nothing in this section shall be construed:

1. As altering any applicable state water quality standards, laws, or district or department rules 

in areas impacted by this section; or

2. To restrict the authority otherwise granted the department and the district pursuant to this 

chapter or chapter 403, and provisions of this section shall be deemed supplemental to the 

authority granted pursuant to this chapter and chapter 403.

(b) Mixing zones, variances, and moderating provisions, or relief mechanisms for compliance 

with water quality standards as provided by department rules, shall not be permitted for 

discharges which are subject to paragraph (4)(f) and subject to this section, except that site 

specific alternative criteria may be allowed for nonphosphorus parameters if the applicant shows 

entitlement under applicable law. After December 31, 2006, all such relief mechanisms may be 

allowed for nonphosphorus parameters if otherwise provided for by applicable law.

(c) Those landowners or permittees who are not in compliance as provided in paragraph (4)(f) 

must meet a discharge limit for phosphorus of 50 parts per billion (ppb) unless and until some 

other limit has been established by department rule or order or operation of paragraph (4)(e).

(12) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this section is intended to 

diminish or alter the governmental authority and powers of the Seminole Tribe of Florida, or 

diminish or alter the rights of that tribe, including, but not limited to, rights under the Water 

Rights Compact among the Seminole Tribe of Florida, the state, and the South Florida Water 

Management District as enacted by Pub. L. No. 100-228, 101 Stat. 1556, and chapter 87-292, 

Laws of Florida, and codified in s. 285.165, and rights under any other agreement between the 

Seminole Tribe of Florida and the state or its agencies. No land of the Seminole Tribe of Florida 

shall be used for stormwater treatment without the consent of the tribe.

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(13) 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 section. The annual report will 

include a summary of the water conditions in the Everglades Protection Area, the status of the 

impacted areas, the status of the construction of the STAs, the implementation of the BMPs, 

and actions taken to monitor and control exotic species. The district must prepare the report in 

coordination with federal and state agencies.

(14) EVERGLADES FUND.—The South Florida Water Management District is directed to 

separately account for all moneys used for the purpose of funding the Everglades Construction 

Project.

(15) DEFINITION OF EVERGLADES AGRICULTURAL AREA.—As used in this section, 

"Everglades Agricultural Area" or "EAA" means the following described property: BEGINNING at 

the intersection of the North line of Section 2, Township 41, Range 37 East, with the Easterly 

right-of-way line of U.S. Army Corps of Engineers' Levee D-9, in Palm Beach County, Florida; 

thence, easterly along said North line of said Section 2 to the Northeast corner of said Section 

2; thence, northerly along the West line of Section 36, Township 40 South, Range 37 East, to 

the West one-quarter corner of said Section 36; thence, easterly along the East-West half 

section line of said Section 36 to the center of said Section 36; thence northerly along the NorthSouth half section line of said Section 36 to the North one-quarter corner of said Section 36, 

said point being on the line between Palm Beach and Martin Counties; thence, easterly along 

said North line of said Section 36 and said line between Palm Beach and Martin Counties to the 

Westerly right-of-way line of the South Florida Water Management District's Levee 8 North 

Tieback; thence, southerly along said Westerly right-of-way line of said Levee 8 North Tieback 

to the Southerly right-of-way line of South Florida Water Management District's Levee 8 at a 

point near the Northeast corner of Section 12, Township 41 South, Range 37 East; thence, 

easterly along said Southerly right-of-way line of said Levee 8 to a point in Section 7, Township 

41 South, Range 38 East, where said right-of-way line turns southeasterly; thence, 

southeasterly along the Southwesterly right-of-way line of said Levee 8 to a point near the South 

line of Section 8, Township 43 South, Range 40 East, where said right-of-way line turns 

southerly; thence, southerly along the Westerly right-of-way line of said Levee 8 to the Northerly 

right-of-way line of State Road 80, in Section 32, Township 43 South, Range 40 East; thence, 

westerly along the Northerly right-of-way line of said State Road 80 to the northeasterly 

extension of the Northwesterly right-of-way line of South Florida Water Management District's 

Levee 7; thence, southwesterly along said northeasterly extension, and along the northwesterly 

right-of-way line of said Levee 7 to a point near the Northwest corner of Section 3, Township 45 

South, Range 39 East, where said right-of-way turns southerly; thence, southerly along the 

Westerly right-of-way line of said Levee 7 to the Northwesterly right-of-way line of South Florida 

Water Management District's Levee 6, on the East line of Section 4, Township 46 South, Range 

39 East; thence, southwesterly along the Northwesterly right-of-way line of said Levee 6 to the 

Northerly right-of-way line of South Florida Water Management District's Levee 5, near the 

Southwest corner of Section 22, Township 47 South, Range 38 East; thence, westerly along 

said Northerly right-of-way lines of said Levee 5 and along the Northerly right-of-way line of 

South Florida Water Management District's Levee 4 to the Northeasterly right-of-way line of 

South Florida Water Management District's Levee 3 and the Northeast corner of Section 12, 

Township 48 South, Range 34 East; thence, northwesterly along said Northeasterly right-of-way 

line of said Levee 3 to a point near the Southwest corner of Section 9, Township 47 South, 

Range 34 East, where said right-of-way line turns northerly; thence, northerly along the Easterly 

right-of-way lines of said Levee 3 and South Florida Water Management District's Levee 2 to the 

southerly line of Section 4, Township 46 South, Range 34 East; thence, easterly along said 

southerly line of said Section 4 to the Southeast corner of said Section 4; thence, northerly 

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along the East lines of said Section 4 and Section 33, Township 45 South, Range 34 East, to 

the Northeast corner of said Section 33; thence, westerly along the North line of said Section 33 

to said Easterly right-of-way line of said Levee 2; thence, northerly along said Easterly right-ofway lines of said Levee 2 and South Florida Water Management District's Levee 1, to the North 

line of Section 16, Township 44 South, Range 34 East; thence, easterly along the North lines of 

said Section 16 and Section 15, Township 44 South, Range 34 East, to the Northeast corner of 

said Section 15; thence, northerly along the West lines of Section 11 and Section 2, Township 

44 South, Range 34 East, and the West lines of Section 35, Section 26 and Section 23, 

Township 43 South, Range 34 East to a point 25 feet north of the West quarter-corner (W1/4) of 

said Section 23; thence, easterly along a line that is 25 feet north and parallel to the East-West 

half section line of said Section 23 and Section 24 to a point that is 25 feet north of the center of 

said Section 24; thence, northerly along the North-South half section lines of said Section 24 

and Section 13, Township 43 South, Range 34 East, to the intersection with the North right-ofway line of State Road 80A (old U.S. Highway 27); thence, westerly along said North right-ofway line of said State Road 80A (old U.S. Highway 27) to the intersection with the Southerly 

right-of-way line of State Road 80; thence, easterly along said Southerly right-of-way line of said 

State Road 80 to the intersection with the North line of Section 19, Township 43 South, Range 

35 East; thence, easterly along said North line of said Section 19 to the intersection with 

Southerly right-of-way of U.S. Army Corps of Engineers Levee D-2; thence, easterly along said 

Southerly right-of-way of said Levee D-2 to the intersection with the north right-of-way line of 

State Road 80 (new U.S. Highway 27); thence, easterly along said North right-of-way line of 

said State Road 80 (new U.S. Highway 27) to the East right-of-way line of South Florida Water 

Management District's Levee 25 (Miami Canal); thence, North along said East right-of-way line 

of said Levee 25 to the said south right-of-way line of said Levee D-2; thence, easterly and 

northeasterly along said Southerly and Easterly right-of-way lines of said Levee D-2 and said 

Levee D-9 to the point of beginning.

[3](16) DEFINITION OF C-139 BASIN.—For purposes of this section:

(a) "C-139 Basin" or "Basin" means the following described property: beginning at the 

intersection of an easterly extension of the south bank of Deer Fence Canal with the center line 

of South Florida Water Management District's Levee 3 in Section 33, Township 46 South, 

Range 34 East, Hendry County, Florida; thence, westerly along said easterly extension and 

along the South bank of said Deer Fence Canal to where it intersects the center line of State 

Road 846 in Section 33, Township 46 South, Range 32 East; thence, departing from said top of 

bank to the center line of said State Road 846, westerly along said center line of said State 

Road 846 to the West line of Section 4, Township 47 South, Range 31 East; thence, northerly 

along the West line of said section 4, and along the west lines of Sections 33 and 28, Township 

46 South, Range 31 East, to the northwest corner of said Section 28; thence, easterly along the 

North line of said Section 28 to the North one-quarter (N1/4) corner of said Section 28; thence, 

northerly along the West line of the Southeast one-quarter (SE1/4) of Section 21, Township 46 

South, Range 31 East, to the northwest corner of said Southeast one-quarter (SE1/4) of Section 

21; thence, easterly along the North line of said Southeast one-quarter (SE1/4) of Section 21 to 

the northeast corner of said Southeast one-quarter (SE1/4) of Section 21; thence, northerly 

along the East line of said Section 21 and the East line of Section 16, Township 46 South, 

Range 31, East, to the northeast corner thereof; thence, westerly along the North line of said 

Section 16, to the northwest corner thereof; thence, northerly along the West line of Sections 9 

and 4, Township 46 South, Range 31, East, to the northwest corner of said Section 4; thence, 

westerly along the North lines of Section 5 and Section 6, Township 46 South, Range 31 East, 

to the South one-quarter (S1/4) corner of Section 31, Township 45 South, Range 31 East; 

thence, northerly to the South one-quarter (S1/4) corner of Section 30, Township 45 South, 

Range 31 East; thence, easterly along the South line of said Section 30 and the South lines of 

Sections 29 and 28, Township 45 South, Range 31 East, to the Southeast corner of said 

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Section 28; thence, northerly along the East line of said Section 28 and the East lines of 

Sections 21 and 16, Township 45 South, Range 31 East, to the Northwest corner of the 

Southwest one-quarter of the Southwest one-quarter (SW1/4 of the SW 1/4) of Section 15, 

Township 45 South, Range 31 East; thence, northeasterly to the east one-quarter (E1/4) corner 

of Section 15, Township 45 South, Range 31 East; thence, northerly along the East line of said 

Section 15, and the East line of Section 10, Township 45 South, Range 31 East, to the center 

line of a road in the Northeast one-quarter (NE1/4) of said Section 10; thence, generally easterly 

and northeasterly along the center line of said road to its intersection with the center line of 

State Road 832; thence, easterly along said center line of said State Road 832 to its intersection 

with the center line of State Road 833; thence, northerly along said center line of said State 

Road 833 to the north line of Section 9, Township 44 South, Range 32 East; thence, easterly 

along the North line of said Section 9 and the north lines of Sections 10, 11 and 12, Township 

44 South, Range 32 East, to the northeast corner of Section 12, Township 44 South, Range 32 

East; thence, easterly along the North line of Section 7, Township 44 South, Range 33 East, to 

the center line of Flaghole Drainage District Levee, as it runs to the east near the northwest 

corner of said Section 7, Township 44 South, Range 33 East; thence, easterly along said center 

line of the Flaghole Drainage District Levee to where it meets the center line of South Florida 

Water Management District's Levee 1 at Flag Hole Road; thence, continue easterly along said 

center line of said Levee 1 to where it turns south near the Northwest corner of Section 12, 

Township 44 South, Range 33 East; thence, Southerly along said center line of said Levee 1 to 

where the levee turns east near the Southwest corner of said Section 12; thence, easterly along 

said center line of said Levee 1 to where it turns south near the Northeast corner of Section 17, 

Township 44 South, Range 34 East; thence, southerly along said center line of said Levee 1 

and the center line of South Florida Water Management District's Levee 2 to the intersection 

with the north line of Section 33, Township 45 South, Range 34 East; thence, easterly along the 

north line of said Section 33 to the northeast corner of said Section 33; thence, southerly along 

the east line of said Section 33 to the southeast corner of said Section 33; thence, southerly 

along the east line of Section 4, Township 46 South, Range 34 East to the southeast corner of 

said Section 4; thence, westerly along the south line of said Section 4 to the intersection with 

the centerline of South Florida Water Management District's Levee 2; thence, southerly along 

said Levee 2 centerline and South Florida Water Management District's Levee 3 centerline to 

the POINT OF BEGINNING.

(b) Sections 21, 28, and 33, Township 46 South, Range 31 East, are not included within the 

boundary of the C-139 Basin.

(c) If the district issues permits in accordance with all applicable rules allowing water from the 

"C-139 Annex" to flow into the drainage system for the C-139 Basin, the C-139 Annex shall be 

added to the C-139 Basin for all tax years thereafter, commencing with the next C-139 

agricultural privilege tax roll certified after issuance of such permits. "C-139 Annex" means the 

following described property: that part of the S.E. 1/4 of Section 32, Township 46 South, Range 

34 East and that portion of Sections 5 and 6, Township 47 South, Range 34 East lying west of 

the L-3 Canal and South of the Deer Fence Canal; all of Sections 7, 17, 18, 19, 20, 28, 29, 30, 

31, 32, 33, and 34, and that portion of Sections 8, 9, 16, 21, 22, 26, 27, 35, and 36 lying south 

and west of the L-3 Canal, in Township 47 South, Range 34 East; and all of Sections 2, 3, 4, 5, 

6, 8, 9, 10, and 11 and that portion of Section 1 lying south and west of the L-3 Canal all in 

Township 48 South, Range 34 East.

(17) SHORT TITLE.—This section shall be known as the "Everglades Forever Act."

History.—s. 2, ch. 91-80; ss. 1, 2, ch. 94-115; s. 273, ch. 94-356; s. 171, ch. 99-13.

[1]Note.—Repealed by s. 38, ch. 99-247.

[2]Note.—Sections 403.91-403.938 comprised part VIII of ch. 403 in 1992. Except for s. 403.927 

and ss. 403.93-403.958, these sections were repealed by ss. 45, 46, ch. 93-213, or s. 18, ch. 

95-145. Sections 403.93-403.936 were repealed by s. 13, ch. 95-299. The two remaining 

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sections from former part VIII as it was constituted in 1992, ss. 403.927 and 403.938 

(transferred to s. 403.9333 by s. 12, ch. 95-299), are located in part VII of ch. 403.

[3]Note.—Section 3, ch. 96-412, provides that "[n]otwithstanding s. 373.4592(16), to the 

contrary, Sections 21, 28, and 33, Township 46 South, Range 31 East shall not be included 

within the boundary of the C-139 Basin." Section 84, ch. 96-321, contains a substantially similar 

provision.

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Attachment 2 – Revisions to Phosphorus Rule

62-302.540 Water Quality Standards for Phosphorus Within the

Everglades Protection Area.

(1) Purpose and Scope.

(a) The purpose of this rule is to implement the requirements of the

Everglades Forever Act by utilizing the powers and duties granted the Department under 

the Act and other applicable provisions of Chapter 373 and 403, F.S., to establish water 

quality standards for phosphorus, including a numeric phosphorus criterion, within the 

EPA.

(b) The water quality standards adopted by this rule include all of the following

elements:

1. A numerical interpretation of the Class III narrative nutrient criterion for

phosphorus; and

2. Establishment of moderating provisions for permits authorizing discharges into 

the EPA in compliance with water quality standards, including the numeric

phosphorus criterion; and

3. A method for determining achievement of the numeric phosphorus

criterion, which takes into consideration spatial and temporal variability, natural

background conditions and confidence in laboratory results.

(2) Findings.

(a) The Legislature, in adopting the Everglades Forever Act, recognized that

the EPA must be restored both in terms of water quantity and water quality.

(b) Best Management Practices (BMPs) have reduced phosphorus loads from

the Everglades Agricultural Area to the EPA by more than twice the amount required by 

existing rules. Stormwater Treatment Areas (STAs) have reduced phosphorus 

concentrations to less than the goal of 50 ppb established in the Everglades Forever Act.

(c) While a significant percentage of the EPA currently meets the numeric

phosphorus criterion, further efforts are required to achieve the criterion in the remaining 

impacted areas of the EPA.

(d) Even as water quality continues to improve, restoration will be a long-term

process because of historic phosphorus accumulations found in sediments within

impacted areas. This phosphorus can diffuse back into the water column, a

phenomenon the Department recognizes as reflux.

(e) The Basin-Specific Feasibility Studies completed by the District

considered environmental factors, implementation cost, scheduling, and technical

factors in evaluating measures to reduce phosphorus levels entering the EPA. These 

studies and other information provided to the Commission show that:

1. At this time, chemical treatment technology is not cost-effective for treating

discharges entering the EPA and poses the potential for adverse environmental 

effects.

2. Optimization of the existing STAs, in combination with BMPs, is currently the 

most cost-effective and environmentally preferable means to achieve further

phosphorus reductions to the EPA, and to restore impacted areas. The 

effectiveness of such measures should be determined and maximized prior to 

requiring additional measures. Optimization shall take into consideration viable 

vegetative technologies, including Periphyton-based STAs that are found to be 

cost-effective and environmentally acceptable.

(f) The District and the Department recognize that STA and BMP optimization

requires a sustained commitment to construct, implement, stabilize and measure

phosphorus reduction benefits.

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(g) The Comprehensive Everglades Restoration Plan (CERP) contains

projects that will affect the flows and phosphorus levels entering the EPA. Achievement 

of water quality standards for water quality projects required under the Everglades 

Forever Act can be most effectively and efficiently attained when integrated with CERP 

projects.

(h) The Long-Term Plan constitutes a comprehensive program to optimize the

STAs and BMPs to achieve further phosphorus reductions and thereby accomplish 

implementation of Best Available Phosphorus Reduction Technology (BAPRT).

(i) It is the intent of the Commission that implementation of this rule will fulfill

commitments made by the State of Florida to restore and maintain water quality in the 

EPA, while, at the same time, fulfill the States obligations under the Settlement 

Agreement to achieve the long-term phosphorus concentration levels and discharge 

limits established in that Agreement for the Loxahatchee National Wildlife Refuge 

(Refuge) and the Everglades national Park (Park).

(j) Establishment of the numeric phosphorus criterion, based upon analyses

conducted primarily in freshwater open water slough systems, assumed that

preservation of the balance of the native flora and fauna in these open water slough 

systems would protect other communities of native vegetation in the EPA. Further 

research should be conducted in other habitat types to further evaluate the natural 

variability in those habitat types.

(k) The Commission has received substantial testimony regarding mercury

and its impact on the EPA. The Commission encourages all interested parties to

continue research efforts on the effects of mercury.

(l) The Commission finds that this rule must incorporate a flexible approach

towards the application of the numeric phosphorus criterion for phosphorus in order to 

guide the implementation of phosphorus reductions in the Everglades Protection Area.

Chapter 403, F.S., the Everglades Forever Act and U.S. Environmental Protection 

Agency regulations set forth at 40 CFR Part 131 include general policies that authorize 

such flexibility under appropriate circumstances, including those described in 

subparagraphs (c) through (h) and (k) above. The Commission has exercised this 

authority by including in this rule both a numeric interpretation of the phosphorus 

criterion and the various other standard setting provisions of this rule, including the 

permitting and moderating provisions.

(3) Definitions.

(a) “Best Available Phosphorus Reduction Technology” (BAPRT) shall be as

defined by s. 373.4592(2)(a), F.S. BMPs shall maintain and, where practicable, improve 

upon the performance of urban and agricultural source controls in reducing overall 

phosphorus levels. Agricultural BMPs within the Everglades Agricultural Area and the C139 Basin shall be in accordance with Rules 40E-61 and 40E-63, F.A.C. STA 

phosphorus reductions shall be improved through implementation of optimization 

measures as defined by s. 373.4592(2)(l), F.S. BAPRT may include measures intended 

to reduce phosphorus levels in discharges from a single basin or sub-basin, or a 

program designed to address discharges from multiple basins.

(b) “Long-Term Plan” shall be as defined by Section 373.4592(2)(j), F.S.

(c) The “Everglades Protection Area” or “EPA” shall mean Water

Conservation Areas 1 (Refuge), 2A, 2B, 3A and 3B, and the Everglades National Park.

(d) “Impacted Areas” shall mean areas of the EPA where total phosphorus

concentrations in the upper 10 centimeters of the soils are greater than 500 mg/kg.

(e)“District” shall mean the South Florida Water Management District.

(f) “Optimization” shall be as defined by Section 373.4592(2)(l), F.S.

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(g)“Settlement Agreement” shall mean the Settlement Agreement entered in

Case No. 88-1886-Civ-Hoeveler, United States District Court for the Southern District of 

Florida, as modified by the Omnibus Order entered in the case on April 27, 2001.

(h) “Technology-based effluent limitation” or “TBEL” shall be defined in

Section 373.4592(2)(p), F.S.

(i) “Unimpacted Areas” shall mean those areas which are not “Impacted

Areas”.

(4) Phosphorus Criterion.

(a) The numeric phosphorus criterion for Class III waters in the EPA shall be

a long-term geometric mean of 10 ppb, but shall not be lower than the natural conditions 

of the EPA, and shall take into account spatial and temporal variability. Achievement of 

the criterion shall be determined by the methods in this subsection. Exceedences of the 

provisions of the subsection shall not be considered deviations from the criterion if they 

are attributable to the full range of natural spatial and temporal variability, statistical 

variability inherent in sampling and testing procedures or higher natural background 

conditions.

(b) Water Bodies.

Achievement of the phosphorus criterion for waters in the EPA shall be

determined separately in impacted and unimpacted areas in each of the following 

waterbodies: Water Conservation Areas 1, 2 and 3, and the Everglades National Park.

(c) Achievement of Criterion in Everglades National Park.

Achievement of the phosphorus criterion in the Park shall be based on the methods as 

set forth in Appendix A of the Settlement Agreement unless the Settlement Agreement is 

rescinded or terminated. If the Settlement Agreement is no longer in force, achievement 

of the criterion shall be determined based on the method provided for the remaining 

EPA.

For the Park, the Department shall review data from inflows into the park at locations 

established pursuant to Appendix A of the Settlement Agreement and shall determine 

that compliance is achieved if the Department concludes that phosphorus concentration 

limits for inflows into the Park do not result in a violation of the limits established in 

Appendix A.

(d) Achievement of the Criterion in WCA-1, WCA-2 and WCA-3.

1. Achievement of the criterion in unimpacted areas in each WCA shall be

determined based upon data from stations that are evenly distributed and located 

in freshwater open water sloughs similar to the areas from which data were 

obtained to derive the phosphorus criterion. Achievement of the criterion shall be 

determined based on data collected monthly from the network of monitoring 

stations in the unimpacted area. The water body will have achieved the criterion

if the five year geometric mean averaged across all stations is less than or equal 

to 10 ppb. In order to provide protection against imbalances of aquatic flora or 

fauna, the following provisions must also be met:

a. The annual geometric mean average across all stations is less than or

equal to 10 ppb for three of five years; and

b. The annual geometric mean averaged across all stations is less than or

equal to 11 ppb; and

c. The annual geometric mean at all individual stations is less than or 

equal to 15 ppb. Individual station analyses are representative of only that 

station.

2. Achievement of the criterion shall be determined based on data collected

monthly from the network of monitoring stations in the impacted area. Impacted 

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Areas of the water body will have achieved the criterion if the five year geometric 

mean averaged across all stations is less than or equal to 10 ppb. In order to 

provide protection against imbalances of aquatic flora or fauna, the following 

provisions must also be met:

a. The annual geometric mean averaged across all stations is less than or

equal to 10 ppb for three of five years; and

b. The annual geometric mean averaged across all stations is less than or

equal to 11 ppb; and

c. The annual geometric mean at all individual stations is less than or 

equal to 15 ppb. Individual station analyses are representative of only that 

station.

If these limits are not met, no action shall be required, provided that the net

improvement or hydropattern restoration provisions of subsection (6) below are met.

Notwithstanding the definition of Impacted Area in subsection (3), individual stations in 

the network shall be deemed to be unimpacted for purposes of this rule if the five-year 

geometric mean is less than or equal to 10 ppb and the annual geometric mean is less 

than or equal to 15 ppb.

(e) Adjustment of Achievement Methods.

The Department shall complete a technical review of the achievement methods

set forth in this subsection at a minimum of five year intervals and will report to the ERC 

on changes as needed. Data will be collected as necessary at stations that are evenly 

distributed and representative of major natural habitat types to further define the natural 

spatial and temporal variability and natural background of phosphorus concentrations in 

the EPA. As a part of the review, the Department may propose amendments to the 

achievement method provisions of this rule to include: (1) a hydrologic variability 

algorithm in a manner similar to the Settlement Agreement; and (2) implementing 

adjustment factors that take into account water body specific variability, including the 

effect of habitat types. The hydrologic variability evaluation shall be based on data from 

at least one climatic drought cycle and data reflecting the average interior stage of the 

water body on the dates of sample collection.

(f) Data Screening. Data from each monitoring station shall be evaluated

prior to being used for the purposes of determining achievement of the criterion. Data 

shall be excluded from calculations for the purpose of determining achievement of the 

criterion if such data:

1. Do not comply with the requirements of Chapter 62-160, F.A.C.; or

2. Are excluded through the screening protocol set forth in the Data 

QualityScreening Protocol; or

3. Were collected from sites affected by extreme events such as fire, flood,

drought or hurricanes, until normal conditions are restored; or

4. Where affected by localized activities caused by temporary human or

natural disturbances such as airboat traffic, authorized (permitted or exempt) 

restoration activities, alligator holes, or bird rookeries.

5. Were sampled in years where hydrologic conditions (e.g. rainfall amount,

water levels and water deliveries) were outside the range that occurred during 

the period (calendar years 1978-2001) used to set the phosphorus criterion.

(5) Long-Term Compliance Permit Requirements for Phosphorus Discharges into 

the EPA.

(a) In addition to meeting all other applicable permitting criteria, an applicant

must provide reasonable assurance that the discharge will comply with state water 

quality standards as set forth in this section.

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(b) Discharges into the EPA shall be deemed in compliance with state water

quality standards upon a demonstration that:

1. Phosphorus levels in the discharges will be at or below the phosphorus

criterion set forth in this rule; or

2. Discharges will not cause or contribute to exceedences of the phosphorus

criterion in the receiving waters, the determination of which will take into account 

the phosphorus in the water column that is due to reflux; or

3. Discharges will comply with moderating provisions as provided in this rule.

(c) Discharges into the Park must not result in a violation of the concentration

limits established for the Park in Appendix A of the Settlement Agreement as

determined through the methodology set forth in paragraph (4).

(d) Discharge limits for permits allowing discharges into the EPA shall be

based upon TBELs established through BAPRT and shall not require water quality 

based effluent limitations through 2016. Such TBELs shall be applied as effluent 

limitations as defined in Rule 62-302.200(10), F.A.C.

(6) Moderating Provisions. The following moderating provisions are

established for discharges into or within the EPA as a part of state water quality

standards applicable to the phosphorus criterion set forth in this rule:

(a) Net Improvement in Impacted Areas.

1. Until December 31, 2016, discharges into or within the EPA shall be

permitted using net improvement as a moderating provision upon a 

demonstration by the applicant that:

a. The permittee will implement, or cause to be implemented, BAPRT, as

defined by s. 373.4592(2)(a), F.S., and further provided in this section, 

which shall include a continued research and monitoring program 

designed to reduce outflow concentrations of phosphorus; and

b. The discharge is into or within an impacted area.

2. BAPRT shall use an adaptive management approach based on the best

available information and data to develop and implement incremental 

phosphorus reduction measures with the goal of achieving the phosphorus 

criterion. BAPRT shall also include projects and strategies to accelerate 

restoration of natural conditions with regard to populations of native flora or 

fauna.

3. For purposes of this rule, the Long-Term Plan shall constitute BAPRT. The

planning goal of the Long-Term Plan is to achieve compliance with the criterion 

set forth in subsection (4) of this rule. Implementation of BAPRT will result in net 

improvement in impacted areas of the EPA. The Initial Phase of the Long-Term 

Plan shall be implemented through 2016. Revisions to the Long-Term Plan shall 

be incorporated through an adaptive management approach including a Process 

Development and Engineering component to identify and implement incremental 

optimization measures for further phosphorus reductions.

4. The Department and the District shall propose amendments to the Long-Term 

Plan as science and environmental conditions warrant. The Department shall 

approve all amendments to the Long-Term Plan.

5. As part of the review of permit applications, the Department shall review

proposed changes to the Long-Term Plan identified through the Process 

Development and Engineering component of the Long-Term Plan to evaluate 

changes necessary to comply with this rule, including the numeric phosphorus 

criterion. Those changes which the department deems necessary to comply with 

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this rule, including the numeric phosphorus criterion, shall be included as 

conditions of the respective permit or permits for the structures associated with 

the particular basin or basins involved. Until December 31, 2016, such permits 

shall include technology-based effluent limitations consistent with the Long-Term 

Plan.

(b) Hydropattern Restoration. Discharges into or within unimpacted areas of

the EPA shall be permitted for hydropattern restoration purposes upon a demonstration 

by the applicant that:

1. The discharge will be able to achieve compliance with the requirements of

paragraph (6)(a)1.a. above;

2. The environmental benefits of establishing the discharge clearly outweigh the 

potential adverse impacts that may result in the event that phosphorus levels in 

the discharge exceed the criterion; and

3. The discharge complies with antidegradation requirements.

(c) Existing Moderating Provisions. Nothing in this rule shall eliminate the

availability of moderating provisions that may otherwise exist as a matter of law, rule or 

regulation.

(7) Document Incorporated By Reference. The following document is

referenced elsewhere in this Section and is hereby incorporated by reference:

Data Quality Screening Protocol, dated July 15, 2004.

(8) Contingencies. In the event any provision of this rule is challenged in any

proceeding, the Commission shall immediately by notified. In the event any provision of

this rule: (a) is determined to be invalid under applicable law; or (b) is disapproved by the 

U.S. Environmental Protection Agency under the Clean Water Act, the Department shall 

bring the matter back before the Commission at the earliest practicable date for 

reconsideration.

Specific Authority 373.043, 373.4592, 403.061 FS. Law Implemented 373.016, 373.026, 

373.4592, 403.021(11), 403.061, 403.201 FS. History – New 7-15-04, Amended 5-25-

05.

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