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Statement by Department of Environmental Protection Secretary David B. Struhs on the Florida Senate’s Action to Amend the 1994 Everglades Forever Act

April 22, 2003

More Information Proposed Amendments to EFA Funding Phosphorus Q&A Map of Everglades Graph of Phosphorus Reduction Progress Timeline Time Frame Statute/Rule Comparison Legislation Q & A

The Florida Department of Environmental Protection (DEP), South Florida Water Management District and environmental organizations have worked with members of the Florida Legislature over the last twenty days to rewrite proposed amendments to the Everglades Forever Act.

The Department opposed the original committee bill proposed by the House Natural Resources Committee on April 2, 2003. The Department strongly objected to amendments that sought to undermine the integrity of the 10 parts per billion (ppb) water quality criterion proposed by DEP over a year ago.

The Florida Senate today resolved every substantive objection raised by DEP. The bill provides important environmental benefits not available before:

Stringent Phosphorus Criterion

Florida is establishing an unambiguous, stringent 10 ppb phosphorous standard for the entire Everglades Protection Area. New amendments, endorsed by DEP, uphold the integrity of the 10 ppb criterion by establishing it as the planning goal. The statutory compliance deadline of December 31, 2006 remains unchanged.

Over 90 percent of the Everglades is already meeting the 10 ppb standard. Florida is committed to making that 100 percent. These amendments help ensure Florida has the plan, the enforceable schedule and the money to get the job done.

Discharge Limitations

To establish limitations that fall within the boundaries of U.S. Environmental Protection Agency policy, Florida will have enforceable technology-based permit conditions. The State will issue five-year discharge permits and will require the acceleration of phosphorous reduction whenever and wherever it becomes technically feasible.

Use of Eminent Domain

The original proposed amendments sought a temporary moratorium on the use of eminent domain to acquire private lands for expansion of stormwater treatment marshes. With new amendments, the Legislature is no longer seeking to limit the State’s ability to condemn privately owned lands to expand the treatment marsh. If marsh expansion proves necessary, however, public land options can first be explored.

Federal Funding

The Comprehensive Everglades Restoration Plan (CERP) is a state-federal partnership to restore the natural hydrology of the Everglades. New amendments, endorsed by DEP, compliment CERP without legally binding the two parallel, but separate, programs to restore water quality and water quantity. Today’s action makes clear that the legislation does not modify any state or federal cost-sharing or other responsibilities for implementing CERP.