Amendment Summary

Florida Senate’s Unanimous Vote to Amend the 1994 Everglades Forever Act 

April 28, 2003

Over the last month, the Department of Environmental Protection (DEP) has worked with members of the Legislature to ensure final amendments to the Everglades Forever Act strengthen Florida’s commitment to improve water quality in the Everglades.

“This bill has undergone a virtual metamorphosis,” said DEP Secretary David B. Struhs. “With these amendments the State’s unwavering commitment to improving water quality within the Everglades is clear.”

The bill is fundamentally different from the one proposed by the House Natural Resources Committee on April 2 and opposed by the Department. Changes to the original House bill incorporated into Senate Bill 626 provide important environmental benefits not available before:

• Maintains the statutory compliance deadline of December 31, 2006 and strikes "earliest practicable date" in the intent language to make clear that the State’s commitment to meet the 2006 deadline is unchanged.
• Makes clear the objective to achieve DEP’s proposed 10 parts per billion (ppb) water quality standard for the entire Everglades Protection Area.
• Supercedes the action taken by the South Florida Water Management District to establish a planning goal of 15 ppb.
• Fully funds the nearly half-billion dollar cost of optimizing treatment technologies on an enforceable 13 year schedule.
• Allows use of eminent domain to expand stormwater treatment areas if necessary.
• Reinforces DEP’s ability to establish enforceable technology-based permit conditions.
• Requires the acceleration of phosphorous reduction whenever and wherever it becomes technically feasible.
• Makes clear that the legislation does not change or modify any State obligations under the 1992 Consent Decree between the State of Florida and federal government.
• Coordinates Florida’s water quality improvement plan with the Comprehensive Everglades Restoration Plan to maximize benefits, while maintaining the 50-50 cost share with the federal government.
• Makes clear no expectation of federal funding for State water quality responsibilities.
• Removes "maximum extent practicable" language from the long term permitting section to make clear that there are no limitations on the State’s commitment to meet water quality standards in the Everglades.
• Allows DEP the ability to define and require the use of the best technologies available to remove phosphorous from the Everglades.

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